[Federal Register Volume 67, Number 29 (Tuesday, February 12, 2002)]
[Proposed Rules]
[Pages 6578-6612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2761]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Proposed Designation of 
Critical Habitat for Five Carbonate Plants From the San Bernardino 
Mountains in Southern California; Proposed Rule

  Federal Register / Vol. 67 , No. 29 / Tuesday, February 12, 2002 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AI27


Endangered and Threatened Wildlife and Plants; Proposed 
Designation of Critical Habitat for Five Carbonate Plants From the San 
Bernardino Mountains in Southern California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose 
designation of critical habitat for five plants endemic (restricted) to 
carbonate soils in the San Bernardino Mountains of southern California 
pursuant to the Endangered Species Act of 1973, as amended (Act). Four 
of the plants, Astragalus albens (Cushenbury milk-vetch), Eriogonum 
ovalifolium var. vineum (Cushenbury buckwheat), Lesquerella kingii ssp. 
bernardina (San Bernardino Mountains bladderpod), and Oxytheca parishii 
var. goodmaniana (Cushenbury oxytheca) are federally listed as 
endangered and one plant is federally listed as threatened, Erigeron 
parishii (Parish's daisy). All five plants were federally listed on 
August 24, 1994. The following total acreages are proposed for 
designation as critical habitat for each of the following plants in San 
Bernardino County, California: A. albens, approximately 1,765 hectares 
(ha) (4,365 acres (ac)); Erigeron parishii, approximately 1,790 ha 
(4,420 ac); Eriogonum ovalifolium var. vineum, approximately 2,815 ha 
(6,955 ac); L. kingii ssp. bernardina, approximately 415 ha (1,025 ac); 
and O. parishii var. goodmaniana, approximately 1,275 ha (3,150 ac). 
Because of the considerable overlap in the proposed critical habitats 
for each of the five carbonate plants, the total area being proposed as 
critical habitat is approximately 5,335 ha (13,180 ac).
    Several cooperative regional planning efforts that encompass the 
habitat for the carbonate plants are currently under development. These 
include the Carbonate Habitat Management Strategy (CHMS), the 
California Desert Conservation Area Plan (CDCA), and the West Mojave 
Plan. The CHMS deals specifically with carbonate plants and their 
habitats. Participants in this effort include the U.S. Forest Service, 
the Bureau of Land Management (BLM), the Service, and a number of 
private stakeholders (e.g., mining interests).
    If this proposal is made final, section 7 of the Act requires 
Federal agencies to ensure that actions they fund, authorize, or carry 
out do not destroy or adversely modify critical habitat to the extent 
that the action appreciably diminishes the value of the critical 
habitat for the survival and recovery of the species. Section 4 of the 
Act requires us to consider economic and other impacts of specifying 
any particular area as critical habitat.
    We solicit data and comments from the public on all aspects of this 
proposal, including data on economic and other impacts of the 
designation. We may revise or refine critical habitat boundaries prior 
to final designation based on habitat and plant surveys, public 
comments on the proposed critical habitat rule, and new scientific and 
commercial information.

DATES: We will accept comments until the close of business on April 15, 
2002. Public hearing requests must be received by March 29, 2002.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials by any of several methods:
    1. You may submit written comments and information to the Field 
Supervisor, Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 2730 Loker Avenue West, Carlsbad, CA 92008.
    2. You may hand-deliver written comments to our Carlsbad Fish and 
Wildlife Office during normal business hours at the address given 
above.
    You may view comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule, by 
appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad 
Fish and Wildlife Office, U.S. Fish and Wildlife Office, at the above 
address (telephone 760/431-9440; facsimile 760/431-9618).

SUPPLEMENTARY INFORMATION:

Background

    The five plants addressed in this proposed designation of critical 
habitat, Astragalus albens (Cushenbury milk-vetch), Erigeron parishii 
(Parish's daisy), Eriogonum ovalifolium var. vineum (Cushenbury 
buckwheat), Lesquerella kingii ssp. bernardina (San Bernardino 
Mountains bladderpod), and Oxytheca parishii var. goodmaniana 
(Cushenbury oxytheca) (collectively called ``carbonate plants'' in this 
document), are restricted primarily to carbonate deposits and their 
derived soils in the San Bernardino Mountains of San Bernardino County, 
CA (59 FR 43652). Collectively, these five species are found along a 56 
kilometer (km) (35 mile (mi)) portion of the San Bernardino Mountains 
between 1,171 and 2,682 meters (m) (3,842 and 8,800 feet (ft)) in 
elevation. This area contains outcrops of carbonate substrates, 
primarily limestone and dolomite, in several bands running on an east-
west axis along the desert-facing slopes of the San Bernardino 
Mountains; it is generally known as the ``carbonate belt''. All of the 
carbonate plants are endemic to California.
    Limestone mining was cited as the primary threat to the five 
carbonate plants in the final listing rule (59 FR 43652). The threats 
to these plants continue to be population reduction and habitat loss, 
degradation, and fragmentation from surface mining activities. The 
carbonate plants occur mainly on public lands with unpatented mining 
claims or on lands that have been patented. At the time of listing, a 
significant number of carbonate plant occurrences and carbonate plant 
habitats had been negatively affected (59 FR 43652). Carbonate plant 
losses and habitat destruction/degradation are expected to continue 
under ongoing and expanded limestone mining operations.
    The U.S. Forest Service, the BLM, the Service, and a number of 
private stakeholders (e.g., mining interests) are developing a 
strategy, the CHMS, to conserve carbonate plants while accommodating 
other land uses. The goals of the CHMS are: (1) To protect the plants 
and the ecosystems upon which they depend, (2) to guide impact 
minimization and compensation for unavoidable impacts, (3) to 
streamline reviews of activities in areas determined to be refuges, and 
(4) to guide habitat restoration. Tasks to implement the conservation 
strategy include the development of preserve designs. Other similar 
planning efforts that include some areas of carbonate habitat include 
the CDCA and the West Mojave Plan (both of which are spearheaded by the 
BLM).
    There are approximately 13,200 ha (32,600 ac) of carbonate 
substrates in the northeastern portion of the San Bernardino Mountains 
that provide suitable habitat for, and may support most of, the 
carbonate plants (59 FR 43652, Neel 2000, San Bernardino National 
Forest (SBNF) geographic information system (GIS) data 2001). This 
acreage is contained within the 64,900 ha (160,300 ac) draft CHMS area. 
According to the SBNF Carbonate Species Suitable Habitat Models (Sean 
Redar and Scott Eliason, SBNF, in litt. 2001), there are a total of 
approximately 19,700 ha (48,669 ac) of potential

[[Page 6579]]

carbonate plant habitat for the five plants (the sum is not equal to 
the habitat for each species because there is some overlap). Based on 
this model, the estimated suitable habitat for each species is: 
Astragalus albens, approximately 6,868 ha (16,964 ac); Erigeron 
parishii, approximately 8,428 ha (20,818 ac); Eriogonum ovalifolium 
var. vineum, approximately 8,949 ha (22,103 ac); Lesquerella kingii 
ssp. bernardina, approximately 6,753 ha (16,679 ac); and Oxytheca 
parishii var. goodmaniana, approximately 7,518 ha (18,570 ac).
    The California Native Plant Society's Inventory of Rare and 
Endangered Vascular Plants of California (CNPS 2001) classifies each of 
the five carbonate plants as List 1B; which they define as rare, 
threatened, or endangered in California and elsewhere. The California 
Native Plant Society (CNPS) classifies all but one of the carbonate 
plants as being distributed in one to several highly restricted 
occurrences (with Erigeron parishii distributed in a limited number of 
occurrences). The CNPS also classifies each of the carbonate plants as 
``endangered throughout its range.''
    The five carbonate plant species in this document are treated as a 
group because they are restricted to soils that are ultimately derived 
from limestone, dolomite, or other substrates rich in calcium carbonate 
in the San Bernardino Mountains, California, and face similar threats. 
However, each of the five carbonate plants represents a distinct 
evolutionary lineage, and each has a unique set of ecological 
requirements and tolerances (Neel 2000).

Species Descriptions

Astragalus albens (Cushenbury Milk-Vetch)

    Astragalus albens was described by Edward L. Greene (1885) based on 
a collection made by Samuel B. Parish and William F. Parish in 1882. 
Rydberg (1927) placed this species in the genus Hamosa. Rupert Barneby 
(1964) includes Hamosa in the genus Astragalus. Barneby (1959), Munz 
(1974), and Spellenberg (1993), all recognize this species as 
Astragalus albens.
    Astragalus albens is a small plant in the pea family (Fabaceae). 
Individual plants are short-lived perennials, but may flower in their 
first year. The slender silvery-white-haired stems are decumbent (lie 
flat on ground with tips of stems turned upward), up to 30 centimeters 
(cm) (1 ft) long, with compound leaves consisting of 5 to 9 small 
leaflets. The plant's purple flowers have banner petals reaching up to 
1 cm (0.4 inch (in)) long and occur in 5 to 14 flowered terminal 
racemes (flower stalks). The fruits, at maturity, are 10 to 18 
millimeters (mm) (0.4 to 0.7 in) long and up to 3.5 mm (0.1 in) wide. 
The fruits are crescent shaped with three sides and two chambers and 
become papery in maturity. The plants generally flower from March to 
June and fruits mature as early as May (Spellenburg 1993).
    Occurrences of Astragalus albens are scattered along the carbonate 
belt in the northeastern San Bernardino Mountains extending from Dry 
Canyon southeastward to the head of Lone Valley, a range of 24 km (15 
mi) (Barrows 1988c, 59 FR 43652, California Natural Diversity Data Base 
(CNDDB) 2001, CNPS 2001). In the final rule to list the carbonate 
plants, we indicated that there were fewer than 20 known occurrences 
that supported A. albens. The CNDDB (2001) identifies 17 extant element 
occurrences. The SBNF mapped 103 site-specific localities that support 
this species for their detailed draft CHMS maps (SBNF GIS data 2001).
    Astragalus albens is typically found within singleleaf pinyon-Utah 
juniper, blackbush scrub, singleleaf pinyon, pinyon woodland, pinyon-
juniper woodland, and Joshua tree woodland vegetation communities 
(Gonella 1994, Gonella and Neel 1995, Neel 2000). Plants closely 
associated with A. albens include Fremontodendron californicum 
(flannelbush), Coleogyne ramosissima (blackbush), Echinocereus 
triglochidiatus var. mojavensis (Mound cactus), Prunus fasciculatus 
(desert almond), and Yucca schidigera (Mojave yucca) (Gonella 1994, 
Gonella and Neel 1995).
    Astragalus albens is typically found on carbonate soils derived 
directly from decomposing limestone bedrock along rocky washes with no 
apparent preference for aspect. It is generally found in areas with an 
open canopy cover, little accumulation of organic material, rock cover 
exceeding 75 percent, and gentle to moderate slopes (5 to 30 percent) 
(Neel 2000). Most A. albens occurrences are found at elevations between 
1,524 and 2,012 m (5,000 and 6,600 ft) (59 FR 43652), but Neel (2000) 
documented the elevation range between 1,171 and 2,013 m (3,864 and 
6,604 ft). This range is at the lower elevational limit of the five 
carbonate plant species discussed in this rule (Gonella and Neel 1995). 
Most of the A. albens occurrences below 1,500 m (about 5,000 ft) are 
found in rocky washes with limestone outwash from erosion (59 FR 43652, 
CNDDB 2001, SBNF GIS data 2001). Known occupied habitat for this 
species was mostly correlated with the Bird Spring Formation, Permian 
and Pennsylvanian age carbonate rock (S. Redar and S. Eliason, in litt. 
2001). Soils at sites supporting A. albens have a higher percentage of 
calcium than soils that do not support this species (Gonella and Neel 
1995).

Erigeron parishii (Parish's Daisy)

    Erigeron parishii was described by Asa Gray (1884) based on 
specimens collected by Samuel B. Parish at Cushenbury Spring in 1882. 
It is a small perennial herb of the aster family (Asteraceae). Plants 
grow 10 to 30 cm (4 to 12 in.) high and flower from May through June. 
The simple linear leaves are covered with soft, silvery hairs, giving 
an overall light-green appearance to the plant. Flower heads are 
solitary, with deep rose to lavender ray flowers and yellow disk 
flowers borne at the tips of leafy stems. The flower heads have 
grayish-green, glandular bracts at the base of each flower head (59 FR 
43652, Nesom 1993).
    Erigeron parishii has the widest geographic distribution of the 
five carbonate plants, with a range that spans approximately 56 km (35 
mi) along the carbonate belt in the northeastern San Bernardino 
Mountains, extending from Pioneertown in the east to Furnace Canyon in 
the west. This distribution includes occurrences on Tip Top Mountain 
and in Arctic, Cushenbury, Arrastre, and Rattlesnake Canyons (Krantz 
1979a, Barrows 1988a, 59 FR 43652, CNDDB 2001). Recent surveys in Long 
Canyon (the historical eastern-most occurrence) did not locate any E. 
parishii plants (Neel 2000). We identified 25 occurrences that support 
E. parishii in the final listing rule (59 FR 43652). The CNDDB (2001) 
identifies 34 extant element occurrences. The SBNF mapped 87 site-
specific localities that support this species for their detailed draft 
CHMS maps (SBNF GIS data 2001).
    Erigeron parishii is typically associated with singleleaf pinyon-
Utah juniper, singleleaf pinyon, pinyon-juniper woodlands, blackbush 
scrub, and creosote bush-bursage scrub vegetation communities (59 FR 
43652, Neel 2000, Neel and Ellstrand 2001). Plants closely associated 
with E. parishii include Pinus monophylla (singleleaf pinyon), 
Juniperus californica (California juniper), Yucca brevifolia (Joshua 
tree), Coleogyne ramosissima, and Astragalus albens

[[Page 6580]]

(Gonella 1994, Gonella and Neel 1995, CNDDB 2001).
    Erigeron parishii typically grows on limestone or dolomite soils 
occurring on dry, rocky slopes, shallow drainages; and outwash plains 
(59 FR 43652). Some E. parishii occurrences grow on a granite/limestone 
interface, usually when granitic parent material has been overlaid with 
limestone materials washed down from upslope (59 FR 43652). An 
occurrence at the Burns Pinyon Ridge Reserve/Pioneertown area grows on 
quartz monzonite soils where there is no apparent limestone alluvium 
(Neel 2000). Erigeron parishii is generally found at elevations between 
1,171 and 1,950 m (3,842 and 6,400 ft), which is at the lower 
elevations of the carbonate belt (59 FR 43652, Neel 2000). It is most 
commonly found in areas with slopes less than 10 degrees with about 50 
percent of the occurrences on slopes that have a north aspect (Neel 
2000).

Eriogonum ovalifolium var. vineum (Cushenbury Buckwheat)

    Eriogonum ovalifolium var. vineum was described as E. vineum by 
John Kunkel Small (1898) based on a 1894 collection made by Samuel B. 
Parish near Rose Mine in the San Bernardino Mountains. Nelson (1911) 
treated the plant as a variety, E. ovalifolium var. vineum. This 
combination has incorrectly often been attributed to Jepson (1914), 
(Reveal 1989, Hickman 1993). Jepson (1914) did publish the combination 
but subsequently (Jepson 1925) realized the priority of Nelson's 
combination, which was followed by Abrams (1944), Munz and Keck (1959), 
and Munz (1974).
    Eriogonum ovalifolium var. vineum is a perennial member of the 
buckwheat family (Polygonaceae) that forms low, dense mats typically 15 
to 25 cm (6 to 10 in.) in diameter, but may reach 50 cm (20 in.). The 
leaves are round to ovate, white-woolly on both surfaces, and are 0.7 
to 1.5 cm (0.3 to 0.6 in.) long. The flowers are whitish-cream, each 
petal with a wine-colored midrib, darkening to reddish or purple with 
age, and flowers are borne on stalks reaching 10 cm (4 in.) tall. 
Plants flower from May through June (Munz 1974, Hickman 1993). This 
species is primarily an outcrosser (pollen source for seed production 
is from another plant) (Neel and Ellstrand 2001).
    Eriogonum ovalifolium var. vineum occurs in the carbonate belt of 
the northeastern San Bernardino Mountains extending from White Mountain 
in the west to Rattlesnake Canyon in the east, a distance of 
approximately 40 km (25 mi). This includes occurrences in Arctic and 
Cushenbury Canyons, Terrace and Jacoby Springs, along Nelson Ridge, and 
southeast to near Onyx Peak (Barrows 1988b; Brown, in litt. 1992; 
Gonella and Neel 1995; Tierra Madre Consultants 1992; 59 FR 43652; 
CNDDB 2001). In the final listing rule, we identified 20 occurrences 
that support E. ovalifolium var. vineum. The CNDDB (2001) identifies 32 
extant element occurrences. The SBNF mapped 239 site-specific 
localities that support this species for their detailed draft CHMS maps 
(SBNF GIS data 2001).
    This species inhabits open areas in singleleaf pinyon-Utah juniper, 
singleleaf pinyon-mountain juniper, singleleaf pinyon, pinyon, pinyon-
juniper, Joshua tree woodlands, and blackbush scrub vegetation 
communities (Gonella 1994, Gonella and Neel 1995, 59 FR 43652, Neel 
2000). Plants closely associated with Eriogonum ovalifolium var. vineum 
include Fremontodendron californicum, Arctostaphylos glauca (big-berry 
manzanita), A. patula (green-leaf manzanita), Phacelia douglasii 
(Douglas' phacelia), Yucca brevifolia, Pinus monophylla, Astragalus 
albens, and Erigeron parishii (Gonella 1994, Gonella and Neel 1995, 
CNDDB 2001).
    Eriogonum ovalifolium var. vineum typically grows with soils 
derived from limestone or other carbonate substrates (Hickman 1993, 59 
FR 43652, CNDDB 2001). It is generally found on gentle slopes between 
10 and 25 degrees (but occasionally on steep slopes up to 80 degrees) 
mostly with north or west aspects. Other habitat characteristics 
include open areas with powdery fine soils and little accumulation of 
organic material, a canopy cover generally less than 15 percent, and 
rock cover exceeding 50 percent. Eriogonum ovalifolium var. vineum was 
found at the widest elevational range of all the carbonate plants, 
between 1,400 and 2,400 m (4,600 and 7,900 ft) (59 FR 43652, Neel 
2000). The known occupied habitat for E. ovalifolium var. vineum was 
correlated mostly with the Bird Spring and Bonanza King Formations (S. 
Redar and S. Eliason, in litt. 2001).

Lesquerella kingii ssp.bernardina (San Bernardino Mountains Bladderpod)

    Lesquerella kingii ssp. bernardina is a member of the mustard 
family (Brassicaceae) and was first described by Munz (1932) as 
Lequerella bernardina based on a collection made by Frank W. Peirson at 
the east end of Bear Valley in 1924. Munz (1958) subsequently reduced 
this to a subspecies and published the combination L. kingii ssp. 
bernardina.
    Lesquerella kingii ssp. bernardina is a silvery, short-lived 
perennial member of the mustard family (Brassicaceae). It grows to 10 
to 20 cm (4 to 8 in.) tall. The basal leaves are elliptic to ovate with 
petioles 2 to 6 cm (0.8 to 2.4 in.) long. Flowers are borne in terminal 
racemes, and bloom from May to June. The yellow petals are 9 to 13 mm 
(0.35 to 0.5 in.) long, and styles are 6 to 9 mm (0.24 to 0.35 in.) 
long. The spherical fruits are short-haired, 2-chambered, and contain 2 
to 4 seeds per chamber (Rollins 1993).
    Lesquerella kingii ssp. bernardina is currently known from two 
areas around Bear Valley. One occurrence is on the north side of Big 
Bear Lake near the east end of Bertha Ridge and adjacent to Big Bear 
City. The other occurrence is centered on the north-facing slope of 
Sugarlump Ridge south of Bear Valley, approximately 10 km (6.2 mi) 
south of the Bertha Ridge site (59 FR 43652, CNDDB 2001). This species 
has the smallest known range of the five carbonate plants. In the final 
rule to list the carbonate plants, we identified these two areas that 
support L. kingii ssp. bernardina. Currently, the CNDDB (2001) 
identifies four element occurrences. The SBNF mapped 22 site-specific 
localities that support this species for their detailed draft CHMS maps 
(SBNF GIS data 2001).
    Lesquerella kingii ssp. bernardina typically is found within 
singleleaf pinyon-mountain juniper, white fir forest, Jeffrey pine-
western juniper woodland, subalpine forest vegetation communities, and 
occasionally on old roads (Myers and Barrows 1988, 59 FR 43652, Gonella 
1994, Gonella and Neel 1995, Neel 2000, CNDDB 2001). Plants closely 
associated with L. kingii ssp. bernardina include Pinus contorta ssp. 
murrayana (lodgepole pine), P. flexilis (limber pine), P. jefferyi 
(Jeffery pine), P. monophylla, Juniperus occidentalis ssp. australis 
(western juniper), and Eriogonum ovalifolium var. vineum (Gonella 1994, 
Neel 2000, CNDDB 2001).
    Lesquerella kingii ssp. bernardina is generally found on soils 
derived from dolomite substrates (Brown, in litt. 1992). It is usually 
found either on brown, sandy soils with white rocks or on large rock 
outcrops in open areas with little accumulation of organic material. It 
grows on dry flats and slopes of low to moderate steepness (mostly 
between 10 and 20 degrees) with no apparent aspect preference. The 
dolomite soils that support L. kingii ssp. bernardina are south and 
west of the majority of the sites of the other four carbonate plant 
species. Lesquerella kingii ssp. bernardina occupies the narrowest 
elevational range of the five carbonate plants, between 2,098 and

[[Page 6581]]

2,700 m (6,883 and 8,800 ft) (Rollins 1993, 59 FR 43652). The known 
occupied habitat for this plant is associated with the Bonanza King 
Formation and other Cambrian age substrates (S. Redar and S. Eliason, 
in litt. 2001).

Oxytheca parishii var. goodmaniana (Cushenbury Oxytheca)

    Barbara Ertter (1980) described the variety Oxytheca parishii var. 
goodmaniana based on material collected by S. P. Parish and W. F. 
Parish in 1882 near Cushenbury Spring. Previous collections of this 
species were identified as Oxytheca parishii var. abramsii or Oxytheca 
watsonii.
    Oxytheca parishii var. goodmaniana is a small, wiry annual plant 
belonging to the buckwheat family (Polygonaceae). Specimens grow to 5 
to 30 cm (2 to 12 in.) tall and have a basal rosette of leaves. Each 
leaf is 1 to 3 cm (0.4 to 1.2 in.) long. The six small flowers have 
white to rose or greenish-yellow perianth segments (undifferentiated 
whorl of petals and sepals). Flowers occur in clusters of 3 to 12 and 
are surrounded at their base by a funnel-shaped involucral bract 
(modified leaf).
    Oxytheca parishii var. goodmaniana is an annual species, so the 
number of individual plants present fluctuates from year to year, 
depending on the seed bank dynamics, rainfall, and temperature. Because 
it is an annual, has few occurrences, and the total number of 
individuals at some occurrences is often low, this species may be more 
susceptible to extinction from environmental stochasticity (random 
events) than the other four carbonate plant species (59 FR 43652).
    Oxytheca parishii var. goodmaniana is scattered along the carbonate 
belt in the northeastern San Bernardino Mountains extending from White 
Mountain in the west to Rattlesnake Canyon in the east. This 
distribution includes occurrences near Cushenbury Spring; Cushenbury, 
Marble, Arctic, Wild Rose, and Furnace Canyons; Blackhawk, Mineral, and 
Tip Top Mountains; Terrace Springs; Rose Mine and Green Lead gold mine 
(59 FR 43652, CNDDB 2001, CNPS 2001, Gonella and Neel 1995). This 
species occupies the second-smallest geographical area of the five 
carbonate plants. In the final listing rule, we identified seven known 
extant occurrences. The CNDDB (2001) identifies 16 element occurrences. 
The SBNF mapped 93 site-specific localities that support this species 
for their detailed draft CHMS maps (SBNF GIS data 2001).
    Oxytheca parishii var. goodmaniana is typically found in singleleaf 
pinyon-Utah juniper, singleleaf pinyon-mountain juniper, singleleaf 
pinyon, and canyon live oak woodlands vegetation communities (59 FR 
43652, Neel 2000). Plants closely associated with O. parishii var. 
goodmaniana include Cercocarpus ledifolius (mountain mahogany), 
Arctostaphylos glauca, Chrysothamnus viscidiflorus (yellow 
rabbitbrush), and Achnatherum coronata (needlegrass) (CNDDB 2001).
    Oxytheca parishii var. goodmaniana is typically found on soils 
derived from limestone, dolomite, or a mixture of limestone and 
dolomite substrates (Tierra Madre Consultants 1992, 59 FR 43652, Neel 
2000). Hickman (1993) describes it as occurring on limestone talus. 
Neel (2000) found that it generally occurs in areas with gentle slopes 
between 10 and 25 degrees with no apparent preference for aspect. 
Oxytheca parishii var. goodmaniana is typically found at elevations 
between 1,440 and 2,372 m (4,724 and 7,782 ft) (Neel 2000). Known 
occupied habitat for this species is mostly correlated with the Bird 
Springs Formation, Bonanza King Formation, Monte Cristo Limestone, and 
Sultan Limestone, and Crystal Pass substrate (S. Redar and S. Eliason, 
in litt. 2001).

Habitat Descriptions

    The San Bernardino Mountains support a wide diversity of natural 
habitats that are the result of their geographic position between the 
desert and coastal environments, geological history, elevation, varied 
topography, and uncommon geological substrates such as carbonate 
outcrops (e.g., limestone and dolomite). The SBNF, which encompasses 
most of the San Bernardino Mountains, covers less than one percent of 
the land area within the State of California, yet reportedly contains 
populations of more than 25 percent of all native Californian plant 
species (Krantz 1994). The San Bernardino Mountains are also known to 
support one of the highest concentrations of endemic plants in the 
United States (Krantz 1994). This high rate of endemism includes a 
number of specialized plants that are restricted to carbonate 
substrates in this area (Gonella 1994, Krantz 1994).
    Within the mountain range, carbonate rock outcrops occur in several 
east-west bands that run along the desert-facing slopes, from 
approximately White Mountain in the west to Blackhawk Mountain and 
Terrace Springs in the east. From here, the band of carbonate substrate 
narrows and turns southeast toward Rattlesnake Canyon and Tip Top 
Mountain. Disjunct (separate) outcrops occur on ridges to the north and 
south of the Big Bear Valley, and eastward to the Sawtooth Hills (U.S. 
Geologic Survey 1995).
    Collectively, the ranges of these five species span 56 km (35 mi) 
and occupy elevations between 1,178 and 2,659 m (3,864 to 8,724 ft) in 
the San Bernardino Mountains (Neel 2000). Plant communities in this 
area vary greatly by substrate type and elevation and have been 
described by Holland (1986), Thorne (1995), Vasek and Barbour (1995), 
Vasek and Thorne (1995), and Neel (2000). Neel (2000) developed more 
detailed, quantitative descriptions of the vegetation types that are 
associated with the five carbonate plants using extensive vegetation 
sampling and found that most of the occurrences of each of the five 
carbonate plants are found in the following six vegetation types: 
blackbush scrub, canyon live oak, singleleaf pinyon, singleleaf pinyon-
mountain juniper, singleleaf pinyon-Utah juniper, and white fir forest.
    Blackbush scrub vegetation supports Astragalus albens, Erigeron 
parishii, and Eriogonum ovalifolium var. vineum. It primarily occurs 
between 1,130 and 1,665 m (3,707 to 5,463 ft) in this area. Blackbush 
scrub vegetation is increasingly abundant at the higher elevations and 
is dominated by Coleogyne ramosissima (blackbush). The shrub cover is 
generally under 1 meter high and sometimes quite dense. The overstory 
is sparse and consists of Yucca brevifolia, Pinus monophylla, and 
Juniperus osteosperma (Utah juniper) (Neel 2000).
    Singleleaf pinyon vegetation supports Astragalus albens, Erigeron 
parishii, Eriogonum ovalifolium var. vineum, and Oxytheca parishii var. 
goodmaniana. It primarily occurs between 1,420 and 2,440 m (4,659 to 
8,005 ft) in this area. Singleleaf pinyon vegetation is dominated by 
Pinus monophylla (singleleaf pinyon). The shrub layer in this 
vegetation is relatively open and occasionally supports Arctostaphylos 
glauca (Neel 2000).
    Canyon live oak vegetation supports Oxytheca parishii var. 
goodmaniana and primarily occurs between 1,793 and 2,440 m (5,883 and 
8,005 ft) in this area. Canyon live oak vegetation is dominated by both 
Quercus chrysolepis (canyon live oak) and Pinus monophylla. Tree cover 
in this vegetation type is the densest of all of the vegetation types 
mentioned in this document, while shrub cover is the sparsest (Neel 
2000).
    Singleleaf pinyon-mountain juniper vegetation supports Eriogonum 
ovalifolium var. vineum, Lesquerella kingii ssp. bernardina, and 
Oxytheca

[[Page 6582]]

parishii var. goodmaniana. It primarily occurs between 1,909 and 2,745 
m (6,263 and 9,005 ft) in this area. Singleleaf pinyon-mountain juniper 
vegetation is dominated by Pinus monophylla and Juniperus occidentalis 
ssp. australis. Cercocarpus ledifolius is the only characteristic 
understory species (Neel 2000).
    Singleleaf pinyon-Utah juniper vegetation supports Astragalus 
albens, Erigeron parishii, Eriogonum ovalifolium var. vineum, and 
Oxytheca parishii var. goodmaniana. It primarily occurs between 1,212 
and 2,390 m (3,976 and 7,841 ft) in this area. Singleleaf pinyon-Utah 
juniper vegetation is dominated by Pinus monophylla and Juniperus 
osteosperma. Ephedra viridis (green ephedra) and Achnatherum coronatum 
(needlegrass) are characteristic of the understory (Neel 2000).
    White fir forest vegetation supports Lesquerella kingii ssp. 
bernardina and Oxytheca parishii var. goodmaniana. It primarily occurs 
on steep north-facing slopes between 2,196 and 2,720 m (7,205 and 8,924 
ft) in this area. White fir forest vegetation is dominated by Abies 
concolor (white fir) and Pinus flexilis (limber pine) in the overstory 
(Neel 2000).
    The carbonate plants have also been reported to occur in five other 
vegetation communities: Jeffrey pine-western juniper woodland, Joshua 
tree woodland, pinyon woodland, pinyon-juniper woodland, and subalpine 
forest (Krantz 1979a, 1979b; Neel 2000; CNDDB 2001). Jeffrey pine-
western juniper woodland is reported to support Lesquerella kingii ssp. 
bernardina (CNDDB 2001). Joshua tree woodland and pinyon woodland are 
reported to support Astragalus albens and Eriogonum ovalifolium var. 
vineum (CNDDB 2001). Pinyon-juniper woodland is reported to support A. 
albens, Erigeron parishii, and Eriogonum ovalifolium var. vineum (CNDDB 
2001). Pinyon-juniper woodlands are generally associated with 
relatively steep slopes.
    Some of these plant communities occur in the same general area 
(e.g., singleleaf pinyon woodlands, canyon live oak woodland), but on 
noncarbonate soils. Big sagebrush, pebble plains, riparian, and meadow 
communities also occur within the carbonate plants area; however, they 
do not occupy large areas and do not support carbonate endemic plants.

Ecology

    Little is known about certain aspects of the life history and 
population dynamics of carbonate plants, including their pollination 
biology, seed dispersal agents and patterns, seed bank dynamics, seed 
dormancy requirements, and seedling ecology and establishment rates 
(Neel 2000). However, the distributions of each of these plants have 
been well studied through numerous botanical investigations and 
project-level surveys funded by Federal agencies and mining companies 
(Krantz 1979a, 1979b; Wilson and Bennett 1980; Barrows 1988a, 1988b, 
1988c; Tierra Madre Consultants 1992; and herbarium specimens at Rancho 
Santa Ana Botanic Garden). The general ranges of these species are 
described in Munz and Keck (1959), Barneby (1959), Munz (1974), Hickman 
(1993), Nessom (1993), Rollins (1993), Spellenberg (1993) and in the 
final listing rule (59 FR 43652). The carbonate plants do not appear to 
be specifically linked to early vegetation successional stages after 
disturbance; however, they are found on some surfaces that are 
naturally disturbed by landslides and substrate upheaval. Primarily, 
they occur in habitat that is undisturbed by human activities. They 
consistently occur on soils that are at least partially derived from 
carbonate substrates. However, each of these plants have specific 
habitat and microhabitat requirements, including parent geology, 
vegetation community type, associated species, soil pH, slope, and 
elevation (Neel 2000).
    Occurrences of carbonate plants shift within the range of suitable 
habitat. Historically, occurrences may have periodically become 
extirpated, while other suitable habitat may have been colonized from 
other large occurrences. Given (1994) noted the need for enough 
suitable habitat to maintain equilibrium between naturally occurring 
local extirpations and colonizations. Not all habitat for a species is 
likely to be occupied at the same time, and failure to conserve enough 
suitable habitat could potentially reduce the size and viability of the 
metapopulation as surely as destruction of occupied habitat (Given 
1994). A metapopulation has been described as ``* * *a set of 
populations (i.e., independent demographic units; Ehrlich 1965) that 
are interdependent over ecological time. That is, although member 
populations may change in size independently, their probabilities of 
existing at a given time are not independent of one another because 
they are linked by processes of extinction and mutual recolonization, 
processes that occur, say, on the order of every 10 to 100 
generations'' (Harrison et al. 1988). The persistence of these species 
depends on the interrelatedness of local extirpations and 
recolonizations, the availability of newly suitable habitat, and 
dispersal (Given 1994; Hanski 1997, 1999; Hanksi and Gilpin 1991). 
Harrison et al. (2000) demonstrated this natural turnover and 
fluctuation in populations of five plants restricted to serpentine 
seeps in Napa and Solano counties, California. Because of these 
population dynamics, long-term persistence of the carbonate plants 
requires sufficient suitable habitat contiguous with areas that are 
currently occupied by the plants.
    Each of the five carbonate plant species exhibits several limiting 
ecological factors that increases the probability for extirpation 
events to occur (e.g., restricted distribution, habitat specialization, 
and short reproductive lifespans). These factors may, among other 
things, reduce gene flow between occurrences, reduce pollination 
between and among occurrences, and decrease the probability that new 
colonizations will occur. The amount of habitat required to sustain a 
species increases because of these limiting ecological factors (Burgman 
et al., 2001).

Previous Federal Action

    On December 15, 1980, we published a Notice of Review (NOR) of 
plants which included Eriogonum ovalifolium var. vineum and Lesquerella 
kingii ssp. bernardina as Category 1 candidate taxa and Erigeron 
parishii as a Category 2 taxon (45 FR 82480). The February 21, 1990, 
NOR of plants also included Astragalus albens as a Category 1 taxon and 
Oxytheca parishii var. goodmaniana as a Category 2 taxon (55 FR 6184). 
Category 1 taxa were those taxa for which substantial information on 
biological vulnerability and threats were available to support 
preparation of listing proposals. Category 2 candidates were taxa for 
which data in our possession indicated listing was possibly appropriate 
but for which substantial information on biological vulnerability and 
threats were not known or on file to support preparation of proposed 
rules.
    On November 19, 1991, we published a proposed rule in the Federal 
Register to list the five plants as endangered (56 FR 58332). On August 
24, 1994, we published a final rule listing Erigeron parishii as 
threatened and Astragalus albens, Eriogonum ovalifolium var. vineum, 
Lesquerella kingii ssp. bernardina, and Oxytheca parishii var. 
goodmaniana as endangered (59 FR 43652). At that time, we indicated 
that designation of critical habitat for these plants was not prudent 
because such designation would likely increase the

[[Page 6583]]

degree of threat from vandalism, collection, or other human activities.
    On June 15, 2000, the CNPS filed a lawsuit in Federal District 
Court for the Southern District of California for our failure to 
designate critical habitat for the five carbonate plants (California 
Native Plant Society v. Berg, et al., 00CV1207-L (LSP)). On April 27, 
2001, the Court vacated our August 24, 1994, ``not prudent'' 
determination for critical habitat and ordered us to reevaluate its 
prudency, and if prudent to complete a proposed rule by January 31, 
2002. The Court further ordered us to publish a final critical habitat 
designation on or before September 30, 2002. This proposed critical 
habitat determination has been drafted in compliance with the 
aforementioned court order.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) the 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management considerations 
or protection; and (ii) specific areas outside the geographic area 
occupied by a species at the time it is listed, upon a determination 
that such areas are essential for the conservation of the species. 
``Conservation'' means the use of all methods and procedures that are 
necessary to bring an endangered species or a threatened species to the 
point at which listing under the Act is no longer necessary.
    Section 7(a)(2) of the Act requires Federal agencies to consult 
with the Service to insure that any action it authorizes, funds, or 
carries out is not likely to result in the destruction or adverse 
modification of habitat determined to be critical to a species. Section 
7 of the Act also requires conferences on Federal actions that are 
likely to result in the destruction or adverse modification of proposed 
critical habitat. In our regulations at 50 CFR 402.02, we define 
destruction or adverse modification as ``a direct or indirect 
alteration that appreciably diminishes the value of critical habitat 
for both the survival and recovery of a listed species. Such 
alterations include, but are not limited to, alterations adversely 
modifying any of those physical or biological features that were the 
basis for determining the habitat to be critical.'' Aside from the 
protection that may be provided under section 7, the Act does not 
provide other forms of protection for lands designated as critical 
habitat. Because consultation under section 7 of the Act does not apply 
to activities on private or other non-Federal lands that lack a Federal 
nexus, critical habitat designation would not afford any additional 
protections under the Act with respect to such activities.
    To be included in a critical habitat designation, the habitat must 
first be ``essential to the conservation of the species.'' Critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, habitat areas that provide 
essential life cycle needs of the species (i.e., areas on which are 
found the primary constituent elements, as defined at 50 CFR 
424.12(b)).
    Section 4 of the Act requires that we designate critical habitat 
for a species, to the extent such habitat is determinable, at the time 
of listing. When we designate critical habitat at the time of listing 
or under short court-ordered deadlines, we will often not have 
sufficient information to identify all areas which are essential for 
the conservation of the species. Nevertheless, we are required to 
designate those areas we know to be critical habitat, using the best 
information available to us.
    Within the geographic area occupied by the species, we will 
designate only areas currently known to be essential. Essential areas 
should already have the features and habitat characteristics that are 
necessary to sustain the species. We will not speculate about what 
areas might be found to be essential if better information becomes 
available, or what areas may become essential over time. If the 
information available at the time of designation does not show that an 
area provides for the essential life cycle needs of the species, then 
the area should not be included in the critical habitat designation. 
Within the geographic area occupied by the species, we will attempt to 
not designate areas that lack all primary constituent elements, as 
defined at 50 CFR 424.12(b), that provide for the essential life cycle 
needs of the species. However, we may be restricted by our minimum 
mapping unit or mapping scale.
    Our regulations state that, ``The Secretary shall designate as 
critical habitat areas outside the geographic area presently occupied 
by a species only when a designation limited to its present range would 
be inadequate to ensure the conservation of the species.'' (50 CFR 
424.12(e)). Accordingly, when the best available scientific and 
commercial data do not demonstrate that the conservation needs of the 
species require designation of critical habitat outside of occupied 
areas, we will not designate critical habitat in areas outside the 
geographic area occupied by the species.
    Our Policy on Information Standards Under the Endangered Species 
Act, published in the Federal Register on July 1, 1994, provides 
criteria, establishes procedures, and provides guidance to ensure that 
our decisions represent the best scientific and commercial data 
available (59 FR 34271). It requires us, to the extent consistent with 
the Act and with the use of the best scientific and commercial data 
available, to use primary and original sources of information as the 
basis for recommendations to designate critical habitat. When 
determining which areas are critical habitat, a primary source of 
information should, at a minimum, be the listing package for the 
species. Additional information may be obtained from a recovery plan, 
articles in peer-reviewed journals, conservation plans developed by 
States and counties, scientific status surveys and studies, biological 
assessments, unpublished materials, and expert opinions.
    Habitat is often dynamic, and species may move from one area to 
another over time. Furthermore, we recognize that designation of 
critical habitat may not include all of the habitat areas that may 
eventually be determined to be necessary for the recovery of the 
species. For these reasons, all should understand that critical habitat 
designations do not signal that habitat outside the designation is 
unimportant or may not be required for recovery. Areas outside the 
critical habitat designation will continue to be subject to 
conservation actions that may be implemented under section 7(a)(1) of 
the Act and to the regulatory protections afforded by the section 
7(a)(2) of the Act jeopardy standard and the section 9 of the Act 
prohibitions, as determined on the basis of the best available 
information at the time of the action. We specifically anticipate that 
federally funded or assisted projects affecting listed species outside 
their designated critical habitat areas may still result in jeopardy 
findings in some cases. Similarly, critical habitat designations made 
on the basis of the best available information at the time of 
designation will not control the direction and substance of future 
recovery plans, habitat conservation plans, or other species 
conservation planning efforts if new information available to these 
planning efforts calls for a different outcome.

[[Page 6584]]

Prudency Determination

    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, we designate critical habitat at the time a species 
is determined to be endangered or threatened. Our regulations (50 CFR 
424.12(a)(1)) state that designation of critical habitat is not prudent 
when one or both of the following situations exist--(1) The species is 
threatened by taking or other human activity, and identification of 
critical habitat can be expected to increase the degree of such threat 
to the species, or (2) such designation of critical habitat would not 
be beneficial to the species.
    In our final listing rule we concluded that the designation of 
critical habitat for the five carbonate plants was not prudent, 
explaining that such designation likely would increase the degree of 
threat from vandalism, collection, or other human activities (59 FR 
43652).
    The five carbonate plants may be vulnerable to vandalism, 
collection, or other human activities. In the final rule to list the 
four plants from southwestern California and Baja California, Mexico 
(63 FR 54938), we indicated that threats to listed plants might be 
exacerbated by the publication of critical habitat maps and further 
dissemination of location information. We also documented increases in 
collections of other sensitive species after listing actions (an 
increase in the collection of plants following the proposed listing of 
the six mountain plants from southern California) (63 FR 49006). 
Recently, we have even determined that designation of critical habitat 
is not prudent for one species (the rock gnome lichen) because it would 
likely increase the threat from collection, vandalism, or habitat 
degradation and destruction, both direct and inadvertent (66 FR 51445). 
However, at this time, we do not have site-specific evidence throughout 
the limited range of the carbonate plants documenting the vandalism or 
collection of these species, nor do we have evidence of an increase in 
threats due to illegal mining or other human activities following the 
listing of the five carbonate plants. There has been one known instance 
of illegal mining that was apparently an isolated incident (S. Eliason, 
pers. comm., 2001). Since then, there has been cooperative 
participation in the CHMS involving the SBNF, the Service, the BLM, and 
local stakeholders including mining interests. Maps with detailed, 
site-specific locations of the five carbonate plants have been used 
during meetings for the CHMS. Since this time, there have been no known 
additional instances of illegal mining. Therefore, it does not appear 
that the dissemination of distributional information of the five 
carbonate plants has led to an increase in the nature or degree of 
threats. Because of the cooperative participation in the CHMS, we do 
not expect that the identification of critical habitat will 
substantially increase the degree of threat to these species by 
vandalism, collection, or other human activities (e.g., illegal 
mining).
    There may be some educational or informational benefits to 
designating critical habitat. Critical habitat may be used as a tool to 
help identify areas within the range of the five carbonate plants 
essential for their conservation. For example, designation of critical 
habitat on non-Federal lands may provide some educational benefit by 
formally identifying on a range-wide basis those areas essential to the 
conservation of these species and, therefore, areas that are likely to 
be the focus of recovery efforts. Also, while a critical habitat 
designation for habitat currently occupied by these species would not 
likely change the section 7 consultation process, because an action 
that destroys or adversely modifies such critical habitat would also be 
likely to result in jeopardy to the species, there may be instances 
when a section 7 consultation would be triggered only if critical 
habitat is designated (for example, if we designated unoccupied habitat 
or if occupied habitat became unoccupied).
    Based on our discussion above, we now determine that the 
designation of critical habitat is not likely to increase the nature 
and degree of threats due to vandalism, and in fact, there may be some 
additional conservation benefits to designating critical habitat on 
lands essential to the conservation of the five carbonate plants. 
Additionally, this proposed critical habitat may help focus efforts in 
the development of the CHMS and revised draft San Bernardino Mountains 
Carbonate Endemic Plants Recovery Plan. Therefore, in accordance with 
our regulations (50 CFR 424.12(a)(1)), we now determine that it is 
prudent to propose the designation of critical habitat for the five 
carbonate plants: Astragalus albens, Erigeron parishii, Eriogonum 
ovalifolium var. vineum, Lesquerella kingii ssp. bernardina, and 
Oxytheca parishii var. goodmaniana. 

Methods

    As required by the Act and regulations (section 4(b)(2) and 50 CFR 
424.12), we used the best scientific information available to determine 
areas that contain the physical and biological features that are 
essential for the conservation of the five carbonate plants. This 
information included data from aerial photography (1995 Digital 
Orthorectified Quarter Quadrangles (DOQQ) and 2000 SPOT (Systeeme Pour 
l'Observation de la Terre) satellite imagery); the SBNF Carbonate 
Species Suitable Habitat Models (S. Redar and S. Eliason, in litt. 
2001); species location data from the SBNF, draft CHMS, and CNDDB 
(2001); the final listing rule (59 FR 43652), information in species 
background sections (USFWS 2001a, in prep.) being prepared for the 
revised draft San Bernardino Mountains Carbonate Endemic Plants 
Recovery Plan; research and survey observations published in peer-
reviewed articles; regional GIS coverages (e.g., soils, occurrence 
data, vegetation, land ownership, and elevation); project-specific and 
other miscellaneous reports submitted to us; additional information 
from the BLM regarding a section 7 consultation (1-8-01-F-18) on the 
effects of the California Desert Conservation Area Plan (CDCA) on 10 
plant species (BLM, in litt. 2001); a section 7 consultation with the 
SBNF on various ongoing and related activities affecting carbonate 
habitats (USFWS 2001b); discussions with representatives of the SBNF 
and botanical and other knowledgeable experts; and geologic map 
coverage of the Cushenbury Canyon area. We also visited portions of the 
carbonate belt in the northeastern San Bernardino Mountains, San 
Bernardino County, California within the SBNF. We concentrated our 
analysis on those areas with known occurrences for each of these 
species.
    The number of individuals of each carbonate plant species 
fluctuates temporally (over time) and spatially (over an area) (Tierra 
Madre 1992; Krantz 1994; Neel 2000; CNDDB 2001). Population estimates 
from different time periods and surveyors also vary in precision and 
accuracy. Therefore, comparing these data may yield misleading 
estimates of the number of individuals in a given area (Neel 2000). 
Additionally, the mapped polygons associated with various groupings of 
the carbonate plants have varied from year to year and surveyor to 
surveyor (Tierra Madre 1992; Krantz 1994; Neel 2000; CNDDB 2001). 
Therefore, estimates of the number of individuals are not given in this 
document.
    Names associated with the various groupings of carbonate plants 
also differ (e.g., population, aggregate occurrence (grouped 
occurrences), element

[[Page 6585]]

occurrence (as used by the CNDDB), and point location (which describes 
a detailed mapping area used by the SBNF)) (59 FR 43652, Neel 2000, 
CNDDB 2001)). For the purposes of determining areas essential to the 
conservation of the carbonate plants, we grouped many of the site-
specific localities identified by the CNDDB and the SBNF. This grouping 
allowed us to analyze the site-specific observations of the individual 
plants and the biological and ecological dynamics of these groupings, 
such as seed banks, connectivity and gene flow, and pollinator and seed 
dispersal vectors. The groupings also allowed for ease in the 
description, mapping, and definitions of legal boundaries. 
Consequently, we refer to each of these groupings as an ``occurrence.''
    After analyzing all of the occurrence data from the CNDDB, the 
final listing rule, SBNF, and additional scientific and commercial 
sources, we grouped Astragalus albens into 19 occurrences, Erigeron 
parishii into 27 occurrences, Eriogonum ovalifolium var. vineum into 28 
occurrences, Lesquerella kingii ssp. bernardina into 2 occurrences, and 
Oxytheca parishii var. goodmaniana into 19 occurrences. We are 
proposing to designate all or portions of 19 A. albens occurrences, 27 
Erigeron parishii occurrences, 28 Eriogonum ovalifolium var. vineum 
occurrences, portions of both L. kingii ssp. bernardina occurrences, 
and all or portions of 18 O. parishii var. goodmaniana occurrences. We 
are not including one of the O. parishii var. goodmaniana occurrences 
because the area is considered to be too degraded and, therefore, not 
essential to the conservation of the species.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas to propose as critical 
habitat, we must consider those physical and biological features 
(primary constituent elements) that are essential to the conservation 
of the species, and that may require special management considerations 
or protection. These include, but are not limited to: space for 
individual and population growth, and for normal behavior; food, water, 
air, light, minerals, or other nutritional or physiological 
requirements; cover or shelter; sites for breeding, reproduction, 
rearing of offspring, germination, or seed dispersal; and habitats that 
are protected from disturbance or are representative of the historic 
geographical and ecological distributions of a species (not all of 
which apply to plants). All areas proposed as critical habitat for 
Astragalus albens, Erigeron parishii, Eriogonum ovalifolium var. 
vineum, Lesquerella kingii ssp. bernardina, and Oxytheca parishii var. 
goodmaniana are within their respective historical ranges and contain 
one or more of the physical or biological features (primary constituent 
elements) essential for the conservation of the species.
    Habitat components that are essential for each of the five 
carbonate plants are primarily found in, but not limited to, pinyon 
woodland, pinyon-juniper woodland and forests, Joshua tree woodland, 
white fir forests, subalpine forest, canyon live oak woodlands and 
forests, and blackbush scrub vegetation communities in the San 
Bernardino Mountains. These habitat components provide for: (1) 
Individual and population growth, including sites for germination, 
pollination, reproduction, pollen and seed dispersal, and seed 
dormancy; (2) areas that allow for and maintain gene flow between sites 
through pollinator activity and seed dispersal mechanisms; (3) areas 
that provide basic requirements for growth such as water, light, 
minerals; and (4) areas that support pollinators and seed dispersal 
vectors.
    The following are important to the conservation of the five 
carbonate plants: the conservation and management of existing 
population sites (USFWS 1997); the conservation and management of 
suitable habitat that contains micro-habitat sites that are not known 
to be currently occupied to maintain equilibrium between naturally 
occurring local extirpations and colonizations (Harrison et al. 2000); 
the protection and maintenance of upslope or upstream geologic features 
that provide the necessary materials to replace the soils continually 
lost to natural processes (65 FR 77178); the conservation and 
connectivity of native habitat between these occurrences to allow and 
maintain gene flow between sites through pollinator activity and seed 
dispersal mechanisms (66 FR 32052); the conservation and maintenance of 
sites for the survival of pollinators and seed dispersal agents (66 FR 
32052); the conservation of suitable micro-habitat sites that could be 
colonized to allow a population to expand and contract, or maintain its 
normal metapopulation dynamics (Harrison et al. 2000); and the 
maintenance of normal ecological functions within all of these sites. 
The small fragmented range of each of these species, coupled with the 
other limiting ecological factors that adversely affect the chances of 
species survival (e.g., habitat specialist, short reproductive 
lifespan), makes them especially vulnerable to natural and human caused 
effects (e.g., non-native species, wildfire, livestock grazing, forest 
product harvesting, and mining) (Burgman et al., 2001).
    Based on our current knowledge of these species, the primary 
constituent elements of critical habitat for each species is listed 
below and consist of, but are not limited to:

Astragalus albens

    (1) Soils derived primarily from the upper and middle members of 
the Bird Spring Formation and Undivided Cambrian parent materials that 
occur on hillsides or along rocky washes with limestone outwash/
deposits at elevations between 1,171 and 2,013 m (3,864 and 6,604 ft);
    (2) Soils with intact, natural surfaces that have not been 
substantially altered by land use activities (e.g. graded, excavated, 
re-contoured, or otherwise altered by ground-disturbing equipment); and
    (3) Associated plant communities that have areas with an open 
canopy cover and little accumulation of organic material (e.g., leaf 
litter) on the surface of the soil.

Erigeron parishii

    (1) Soils derived primarily from upstream or upslope limestone, 
dolomite, or quartz monzonite parent materials that occur on dry, rocky 
hillsides, shallow drainages, or outwash plains at elevations between 
1,171 and 1,950 m (3,842 and 6,400 ft);
    (2) Soils with intact, natural surfaces that have not been 
substantially altered by land use activities (e.g. graded, excavated, 
re-contoured, or otherwise altered by ground-disturbing equipment); and
    (3) Associated plant communities that have areas with an open 
canopy cover.

Eriogonum ovalifolium var. vineum

    (1) Soils derived primarily from the upper and middle members of 
the Bird Spring Formation and Bonanza King Formation parent materials 
that occur on hillsides at elevations between 1,400 and 2,400 m (4,600 
and 7,900 ft);
    (2) Soils with intact, natural surfaces that have not been 
substantially altered by land use activities (e.g. graded, excavated, 
re-contoured, or otherwise altered by ground-disturbing equipment); and
    (3) Associated plant communities that have areas with an open 
canopy cover (generally less than 15 percent cover) and little 
accumulation of organic material (e.g., leaf litter) on the surface of 
the soil.

[[Page 6586]]

Lesquerella kingii ssp. bernardina

    (1) Soils derived primarily from Bonanza King Formation and 
Undivided Cambrian parent materials that occur on hillsides or on large 
rock outcrops at elevations between 2,098 and 2,700 m (6,883 and 8,800 
ft);
    (2) Soils with intact, natural surfaces that have not been 
substantially altered by land use activities (e.g. graded, excavated, 
re-contoured, or otherwise altered by ground-disturbing equipment); and
    (3) Associated plant communities that have areas with an open 
canopy cover and little accumulation of organic material (e.g., leaf 
litter) on the surface of the soil.

Oxytheca parishii var. goodmaniana

    (1) Soils derived primarily from upslope limestone, a mixture of 
limestone and dolomite, or limestone talus substrates with parent 
materials that include Bird Spring Formation, Bonanza King Formation, 
middle and lower members of the Monte Cristo Limestone, and the Crystal 
Pass member of the Sultan Limestone Formation at elevations between 
1,440 and 2,372 m (4,724 and 7,782 ft);
    (2) Soils with intact, natural surfaces that have not been 
substantially altered by land use activities (e.g. graded, excavated, 
re-contoured, or otherwise altered by ground-disturbing equipment); and
    (3) Associated plant communities that have areas with an moderately 
open canopy cover (generally between 25 and 53 percent (Neel 2000)).

Criteria Used To Identify Critical Habitat

    The downlisting and delisting sections of the revised draft San 
Bernardino Mountains Carbonate Endemic Plants Recovery Plan (USFWS 
2001c, in prep.) for the five carbonate plants, in concert with the 
draft CHMS, identify the specific recovery needs of these species and 
facilitated the identification of areas essential to their 
conservation. The draft recovery plan identifies lands as essential for 
the long-term conservation of the carbonate plants that: (1) Contain 
source occurrences that must be stabilized to recover the species; (2) 
include habitats that were part of a historical population distribution 
adjacent to occupied areas and are needed for the expansion and 
stability of additional occurrences; and (3) provide landscape 
connectivity between occurrences that are required to maintain genetic 
exchange and the natural processes of extirpations and colonizations. 
To recover the carbonate plants to the point where they can be 
downlisted or delisted, it is essential to preserve the species' 
genetic diversity, as well as their habitat.
    During the development of the programmatic consultation for the 
four southern California National Forests (USFWS 2001d) and the draft 
CHMS, the SBNF delineated the distribution of each of the five 
carbonate species and developed a model of potential suitable habitat 
based on geology, soil substrates, elevations, and vegetative plant 
communities. The SBNF ranked the relative importance of the known 
occurrences of carbonate plants by evaluating the size, density, 
location, configuration, associated species, defensibility of each 
occurrence, and the overall quality of the supporting habitat. Priority 
was also given to occurrences that maintained the ecological and 
geographical variability of the species (e.g., highest and lowest in 
elevation, westernmost and easternmost in distribution) (S. Eliason, in 
litt. 2001). We used the distribution and occurrence data, modeled 
suitable habitat maps, and the occurrence ranking information to 
determine habitat areas essential to the conservation of the five 
carbonate plants. We used 1996 and 2000 aerial photography to remove 
areas with (1) Urban development; (2) active mining; and (3) other 
current disturbances. The 1996 imagery provided finer 1-meter 
resolution, while the 2000 imagery provided more recent information, 
but at a lower resolution. We reviewed previous section 7 consultations 
for the carbonate plants to remove any additional lands that were 
previously determined to be non-essential. The boundaries were refined 
to provide: (1) Adequate seed bank habitat, (2) micro-habitat sites to 
maintain equilibrium between naturally occurring local extirpation and 
colonization events, (3) connectivity of native habitat to maintain 
gene flow between sites through pollinator activity and seed dispersal, 
(4) upslope or upstream geologic substrates that provide the necessary 
materials to replace the soils which are continually lost to natural 
processes, and (5) sites for the survival of pollinators and seed 
dispersal agents. To map these essential lands, we overlaid them with a 
100-m Universal Transverse Mercator (UTM) grid. Because the grid 
captured additional non-essential lands, we then evaluated all grid 
cells adjacent to actively disturbed areas and eliminated grid cells 
where either the entire cell or the majority of the cell was within a 
disturbed area. Cells that had documented occurrences of the carbonate 
plants were retained even if the majority of the cell was disturbed.
    In defining critical habitat boundaries, we made an effort to 
exclude all developed areas, such as towns, housing developments, 
active mines, and lands unlikely to contain the primary constituent 
elements essential for the conservation of each of the five carbonate 
plants. Our 100-m UTM grid minimum mapping unit was designed to 
minimize the amount of non-essential lands included in our designation. 
Critical habitat does not include existing features and structures, 
such as buildings, mines that are active at the time of this proposed 
rule's publication, paved or unpaved roads, other paved or cleared 
areas, lawns, and other urban landscaped areas that do not contain one 
or more of the primary constituent elements. Federal actions limited to 
those areas, therefore, would not trigger a section 7 consultation, 
unless they may affect the species or the primary constituent elements 
in adjacent critical habitat.
    The proposed critical habitat units described below constitute our 
best assessment of areas that are essential for the species' 
conservation. We anticipate that in the time between the proposed rule 
and the final rule, and based upon the additional information received 
during the public comment period, that the boundaries of the mapping 
units may be refined.

Critical Habitat Proposal

    The acreage of proposed critical habitat land ownership is shown in 
Table 1.

[[Page 6587]]



 Table 1.--Proposed Critical Habitat in Hectares (HA) (Acres (AC)) by Species and Land Ownership, San Bernardino
                                               County, California
     [Area estimates reflect critical habitat unit boundaries, not primary constituent elements within \1\.]
----------------------------------------------------------------------------------------------------------------
               Species                       Federal \2\                Private                   Total
----------------------------------------------------------------------------------------------------------------
Astragalus albens...................  1,565 ha                  200 ha                   1,765 ha
                                      (3,870 ac)                (495 ac)                 (4,365 ac)
Erigeron parishii...................  1,330 ha                  460 ha                   1,790 ha
                                      (3,280 ac)                (1,140 ac)               (4,420 ac)
Eriogonum ovalifolium var. vineum...  2,440 ha                  375 ha                   2,815 ha
                                      (6,025 ac)                (930 ac)                 (6,955 ac)
Lesquerella kingii ssp. bernardina..  405 ha                    10 ha                    415 ha
                                      (1,005 ac)                (20 ac)                  (1,025 ac)
Oxytheca parishii var. goodmaniana..  1,085 ha                  190 ha                   1,275 ha
                                      (2,675 ac)                (475 ac)                 (3,150 ac)
                                     ---------------------------------------------------------------------------
    Total \3\.......................  4,565 ha                  770 ha                   5,335 ha
                                      (11,280 ac)               (1,900 ac)               (13,180 ac)
----------------------------------------------------------------------------------------------------------------
\1\ Hectares have been converted to acres (1 ha = 2.47 ac). Based on the level of imprecision of mapping at this
  scale, hectares and acres have been rounded to the nearest 5.
\2\ Federal lands include SBNF and BLM lands.
\3\ Because of overlapping boundaries, the sum of proposed critical habitat for each carbonate plant species
  does not equal the total area that has been proposed as critical habitat for each species.

    The proposed critical habitat areas described below constitute our 
best assessment of the areas essential for the conservation of each of 
the five carbonate plants. The proposed critical habitat for each 
species is considered to be occupied by either standing plants or seeds 
as part of the seed bank and contains one or more of their primary 
constituent elements. We propose to designate approximately 5,335 ha 
(13,180 ac) of land as critical habitat for the five carbonate plants. 
The lands proposed as critical habitat have been divided into three 
critical habitat units: the Northeastern Slope, Bertha Ridge, and 
Sugarlump Ridge. The Northeastern Slope Unit contains Astragalus 
albens, Erigeron parishii, Eriogonum ovalifolium var. vineum, and 
Oxytheca parishii var. goodmaniana. The Bertha Ridge Unit contains 
Eriogonum ovalifolium var. vineum and Lesquerella kingii ssp. 
bernardina. The Sugarlump Ridge Unit contains L. kingii ssp. 
bernardina. Lands proposed as critical habitat are under Federal and 
private ownership. Federal lands include areas owned or managed by the 
SBNF and BLM.
    A brief description of each unit and reasons for proposing to 
designate it as critical habitat are presented below.

Unit 1: Northeastern Slope Unit, San Bernardino County, California 
(4,850 ha (11,980 ac))

    The Northeastern Slope Unit includes 115 separate polygons 
(subunits) around essential occurrences of the carbonate plants. The 
unit extends from White Mountain at the western edge to Rattlesnake 
Canyon at the eastern edge, a distance of approximately 40 km (25 mi). 
The lands within this unit contain the majority of the carbonate 
substrates in the carbonate belt that spans the north to northeastern 
slope of the San Bernardino Mountains. This unit contains four of the 
five carbonate plants: Astragalus albens, Erigeron parishii, Eriogonum 
ovalifolium var. vineum, and Oxytheca parishii var. goodmaniana.
    This unit contains the vast majority of the known ranges of each of 
these four carbonate plants, including 17 of the 19 Astragalus albens 
occurrences, 22 of the 27 Erigeron parishii occurrences, 22 of the 28 
Eriogonum ovalifolium var. vineum occurrences, and 18 of the 19 
Oxytheca parishii var. goodmaniana occurrences.
    This unit contains occurrences of the carbonate plants that the 
SBNF ranked as very important for their survival and conservation. The 
SBNF's ranking was instrumental in our determining which occurrences of 
each carbonate plant were essential within this critical habitat unit. 
Additionally, the revised draft San Bernardino Mountains Carbonate 
Endemic Plants Recovery Plan specifically mentions that the permanent 
protection of (1) a large number of core occurrences and (2) the 
majority of the remaining additional occurrences of each of these four 
carbonate plants are necessary for their downlisting and/or delisting.
    The persistence of metapopulation species, including the carbonate 
plants, depends on the combined dynamics of local extirpations and 
colonizations by dispersal (Given 1994; Hanski 1999; Hanksi and Gilpin 
1991; McCullough 1996). Every proposed occurrence in this unit is 
important to maintain the natural metapopulation dynamics of local 
extirpation and colonization events that are necessary for the 
conservation of the species. Every proposed carbonate plant occurrence 
is important as a seed source to colonize unoccupied sites and 
therefore maintain an equilibrium between colonization and extirpation 
events such as have been documented in populations of five plants 
restricted to serpentine seeps in Napa and Solano Counties, California 
(Harrison et al. 2000). Every proposed occurrence provides important 
genetic material through cross pollination and seed dispersal which 
helps maintain genetic diversity and reduce the likelihood of 
extirpation events.
    This unit is essential to the conservation of these four carbonate 
plants because: (1) The majority of their known occurrences are within 
this unit, (2) a number of important core occurrences are found in this 
unit, and (3) since there is one core occurrence for three of the 
plants and two core areas where the fourth is known to occur, 
maintaining viable examples of potentially unique genetic makeup will 
likely prove to be essential to the long-term conservation of the 
species.
    The acreage of proposed critical habitat for Unit 1 by land 
ownership is shown in Table 2.

[[Page 6588]]



     Table 2.--Proposed Critical Habitat for Unit 1 in Hectares (HA) (Acres (AC)) by Species and Land Ownership, San Bernardino County, California.
                         [Area estimates reflect critical habitat unit boundaries, not primary constituent elements within\1\.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Species                         BLM                    USFS               Federal  total             Private                 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Astragalus albens.................  345 ha                  1,220 ha                1,565 ha                200 ha                 1,765 ha
                                    (850 ac)                (3,020 ac)              (3,870 ac)              (495 ac)               (4,365 ac)
Erigeron parishii.................  390 ha                  940 ha                  1,330 ha                460 ha                 1,790 ha
                                    (960 ac)                (2,320 ac)              (3,280 ac)              (1,140 ac)             (4,420 ac)
Eriogonum ovalifolium var. vineum.  175 ha                  2,120 ha                2,290 ha                375 ha                 2,665 ha
                                    (430 ac)                (5,230 ac)              (5,660 ac)              (930 ac)               (6,590 ac)
Oxytheca parishii var. goodmaniana  35 ha                   1,050 ha                1,085 ha                190 ha                 1,275 ha
                                    (85 ac)                 (2,590 ac)              (2,675 ac)              (475 ac)               (3,150 ac)
                                   ---------------------------------------------------------------------------------------------------------------------
Total \2\.........................  640 ha                  3,450 ha                4,090 ha                760 ha                 4,850 ha
                                    (1,585 ac)              (8,515 ac)              (10,100 ac)             (1,880 ac)             (11,980 ac)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Hectares have been converted to acres (1 ha = 2.47 ac). Based on the level of imprecision of mapping at this scale, hectares and acres have been
  rounded to the nearest 5.
\2\ Because of overlapping boundaries, the sum of proposed critical habitat for each carbonate plant species does not equal the total area that has been
  proposed as critical habitat for each species.

Unit 2: Bertha Ridge Unit, San Bernardino County, California (275 
ha (685 ac))

    The Bertha Ridge Unit includes four separate polygons encompassing 
essential occurrences of the carbonate plants. This unit is located on 
the north side of Big Bear Lake adjacent to Big Bear City, California. 
It is near the east end of Bertha Ridge on its south facing slope. The 
majority of lands within this unit contain soils derived from carbonate 
substrates (particularly dolomite) that are essential to the survival 
and conservation of both carbonate plant species. This unit contains 
essential core occurrences of two of the five carbonate plants: 
Eriogonum ovalifolium var. vineum and Lesquerella kingii ssp. 
bernardina.
    This unit contains one of the two known Lesquerella kingii ssp. 
bernardina occurrences. It is an essential core occurrence that may be 
large enough to maintain the natural dynamics of local extirpation and 
colonization events. This unit also contains a geographically distinct 
Eriogonum ovalifolium var. vineum occurrence. This is the only E. 
ovalifolium var. vineum occurrence found on soils primarily derived 
from dolomite substrates and may contain genetic characteristics 
essential to overall long-term conservation of the species.
    Each of these occurrences have been identified by the SBNF as being 
very important core occurrences for the survival and conservation for 
each carbonate plant species. The SBNF's ranking was instrumental in 
our determining which occurrences of each carbonate plant were 
essential within this critical habitat unit. Additionally, the revised 
draft San Bernardino Mountains Carbonate Endemic Plants Recovery Plan 
specifically mentions that the permanent protection of each of the 
occurrences of these two carbonate plants are necessary for their 
downlisting and/or delisting.
    The core occurrences of the two carbonate plants in this unit are 
essential as sources for the re-colonization events (e.g., seed 
dispersal) that are necessary to maintain the natural dynamics of local 
extirpation and colonization events. Every proposed carbonate plant 
occurrence in this unit is important as a seed source to colonize 
unoccupied sites and therefore maintain an equilibrium between 
colonization and extirpation events. Every proposed occurrence provides 
important genetic material through cross pollination and seed dispersal 
which helps maintain genetic diversity and reduces the likelihood of 
extirpation events and/or extinction.
    This unit is essential to the conservation of both of these 
carbonate species because: (1) It contains an essential core occurrence 
of each species, (2) this unit contains roughly half of the known range 
of Lesquerella kingii ssp. bernardina, and (3) since there are only two 
core areas for each of the two plants within this unit, maintaining 
viable examples of potentially unique genetic makeup will likely prove 
to be essential to the long-term conservation of the species.
    The acreage of proposed critical habitat for Unit 2 by land 
ownership is shown in Table 3.

     Table 3.--Proposed critical habitat for Unit 2 in Hectares (HA) (Acres (AC)) by Species and Land Ownership, San Bernardino County, California.
                         [Area estimates reflect critical habitat unit boundaries, not primary constituent elements within.\1\]
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Species                      BLM                  USFS            Federal total           Private              Total
--------------------------------------------------------------------------------------------------------------------------------------
Eriogonum ovalifolium var.       0 ha                 150 ha               150                  0 ha                150 ha
 vineum.                         (0 ac)               (365 ac)             (365 ac)             (0 ac)              (365 ac)
Lesquerella kingii ssp.          0 ha                 195 ha               195 ha               10 ha               205 ha
 bernardina.                     (0 ac)               (490 ac)             (490 ac)             (20 ac)             (510 ac)
                                ------------------------------------------------------------------------------------------------------------------------
    Total \2\..................  0 ha                 265 ha               265 ha               10 ha               275 ha
                                 (0 ac)               (665 ac)             (665 ac)             (20 ac)             (685 ac)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Hectares have been converted to acres (1 ha = 2.47 ac). Based on the level of imprecision of mapping at this scale, hectares and acres have been
  rounded to the nearest 5.

[[Page 6589]]

 
\2\ Because of overlapping boundaries, the sum of proposed critical habitat for each carbonate plant species does not equal the total area that has been
  proposed as critical habitat for each species.

Unit 3: Sugarlump Ridge Unit, San Bernardino County, California 
(210 ha (515 ac))

    The Sugarlump Ridge Unit includes two separate polygons 
encompassing an essential core occurrence of the Lesquerella kingii 
ssp. bernardina. This unit is centered on the north-facing slope of 
Sugarlump Ridge south of Bear Valley, approximately 10 km (6.2 mi) 
south of the Bertha Ridge unit. The soils in this unit are primarily 
derived from dolomite instead of limestone. Lesquerella kingii ssp. 
bernardina is the only carbonate plant in this unit.
    This unit contains one of the two known Lesquerella kingii ssp. 
bernardina occurrences. This occurrence has been identified by the SBNF 
as being a very important core occurrence for the survival and 
conservation of L. kingii ssp. bernardina. The SBNF's ranking was 
instrumental in our determining which occurrences of each carbonate 
plant were essential within this critical habitat unit. Additionally, 
the revised draft San Bernardino Mountains Carbonate Endemic Plants 
Recovery Plan specifically mentions that the permanent protection of 
this occurrence is necessary for its downlisting or delisting.
    The core Lesquerella kingii ssp. bernardina occurrence in this unit 
is essential as a source for the re-colonization events (e.g., seed 
dispersal) that are necessary to maintain the natural metapopulation 
dynamics of local extirpation and colonization events. Every proposed 
occurrence of this carbonate plant is important as a seed source to 
colonize unoccupied sites and therefore maintain an equilibrium between 
colonization and extirpation events. Every proposed occurrence provides 
important genetic material through cross pollination and seed dispersal 
which helps maintain genetic diversity and reduces the likelihood of 
extirpation events.
    This unit is essential to the conservation of Lesquerella kingii 
ssp. bernardina because: (1) It contains one of the two known 
occurrences of this species, (2) this unit contains roughly half of the 
known range of L. kingii ssp. bernardina, and (3) since there area only 
two core areas where this plant is know to occur, maintaining viable 
examples of potentially unique genetic makeup will likely prove to be 
essential to the long-term conservation of the species.
    The acreage of proposed critical habitat for Unit 3 by land 
ownership is shown in Table 4.

      Table 4.--Proposed Critical Habitat For Unit 3 In Hectares (HA) (Acres (AC)) By Species And Land Ownership, San Bernardino County, California
                         [Area estimates reflect critical habitat unit boundaries, not primary constituent elements within.\1\]
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Species                         BLM                    USFS               Federal  total             Private                 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lesquerella kingii ssp. bernardina  0 ha                    210 ha                  210 ha                  0 ha                   210 ha
                                    (0 ac)                  (515 ac)                (515 ac)                (0 ac)                 (515 ac)
                                   ---------------------------------------------------------------------------------------------------------------------
    Total \2\.....................  0 ha                    210 ha                  210 ha                  0 ha                   210 ha
                                    (0 ac)                  (515 ac)                (515 ac)                (0 ac)                 (515 ac)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Hectares have been converted to acres (1 ha = 2.47 ac). Based on the level of imprecision of mapping at this scale, hectares and acres have been
  rounded to the nearest 5.
\2\ Because of overlapping boundaries, the sum of proposed critical habitat for each carbonate plant species does not equal the total area that has been
  proposed as critical habitat for each species.

Effects of Critical Habitat Designation

Section 7  Consultation

    Section 7(a) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out do 
not destroy or adversely modify critical habitat to the extent that the 
action appreciably diminishes the value of the critical habitat for the 
conservation of the species. Individuals, organizations, States, local 
governments, and other non-Federal entities are affected by the 
designation of critical habitat only if their actions occur on Federal 
lands, require a Federal permit, license, or other authorization, or 
involve Federal funding.
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened and with respect to its critical habitat, if 
any is designated or proposed. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act requires Federal agencies to 
confer with us on any action that is likely to jeopardize the continued 
existence of a proposed species or result in destruction or adverse 
modification of proposed critical habitat. Conference reports provide 
conservation recommendations to assist the action agency in eliminating 
conflicts that may be caused by the proposed action. The conservation 
recommendations in a conference report are advisory. We may issue a 
formal conference report, if requested by the Federal action agency. 
Formal conference reports include an opinion that is prepared according 
to 50 CFR 402.14, as if the species was listed or critical habitat 
designated. We may adopt the formal conference report as the biological 
opinion when the species is listed or critical habitat designated, if 
no substantial new information or changes in the action alter the 
content of the opinion (see 50 CFR 402.10(d)).
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. Through this consultation, we 
would ensure that the permitted actions do not destroy or adversely 
modify critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we also

[[Page 6590]]

provide ``reasonable and prudent alternatives'' to the project, if any 
are identifiable. Reasonable and prudent alternatives are defined at 50 
CFR 402.02 as alternative actions identified during consultation that 
can be implemented in a manner consistent with the intended purpose of 
the action, that are consistent with the scope of the Federal agency's 
legal authority and jurisdiction, that are economically and 
technologically feasible, and that the Director believes would avoid 
the destruction or adverse modification of critical habitat. Reasonable 
and prudent alternatives can vary from slight project modifications to 
extensive redesign or relocation of the project. Costs associated with 
implementing a reasonable and prudent alternative are similarly 
variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated, and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request reinitiation of 
consultation or conference with us on actions for which formal 
consultation has been completed, if those actions may affect designated 
critical habitat or adversely modify or destroy proposed critical 
habitat.
    Activities on Federal lands that may affect Astragalus albens, 
Erigeron parishii, Eriogonum ovalifolium var. vineum, Lesquerella 
kingii ssp. bernardina, and Oxytheca parishii var. goodmaniana or their 
critical habitat will require section 7 consultation. Activities on 
private or State lands requiring a permit from a Federal agency, such 
as a permit from the U.S. Army Corps of Engineers (Corps) under section 
404 of the Clean Water Act or any other activity requiring Federal 
action (i.e., funding, authorization) will also continue to be subject 
to the section 7 consultation process.. Federal actions not affecting 
listed species or critical habitat and actions on non-Federal lands 
that are not federally funded, authorized, or permitted do not require 
section 7 consultation.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may destroy or 
adversely modify such habitat, or that may be affected by such 
designation. Activities that destroy or adversely modify critical 
habitat include those that appreciably reduce the value of critical 
habitat for the conservation of any of the five carbonate plants. We 
note that such activities may also jeopardize the continued existence 
of the species. Activities that, when carried out, funded or authorized 
by a Federal agency, may destroy or adversely modify critical habitat 
include, but are not limited to:
    (1) Removing, thinning, or clearing Astragalus albens, Erigeron 
parishii, Eriogonum ovalifolium var. vineum, Lesquerella kingii ssp. 
bernardina, and Oxytheca parishii var. goodmaniana habitat (as defined 
in the primary constituent elements), whether by burning, mechanical, 
chemical, or other means (e.g., grubbing, grading, grazing, 
woodcutting, construction, road building and maintenance, mining, 
herbicide application, and weed abatement);
    (2) Activities that appreciably degrade Astragalus albens, Erigeron 
parishii, Eriogonum ovalifolium var. vineum, Lesquerella kingii ssp. 
bernardina, and Oxytheca parishii var. goodmaniana habitat (as defined 
in the primary constituent elements), including, but not limited to, 
mining, fire management, livestock grazing, clearing, residential or 
commercial development, introducing or encouraging the spread of 
nonnative species, off-road vehicle use, and heavy/intense recreational 
use; and
    (3) Appreciably decreasing habitat value or quality through 
indirect effects (i.e., upslope or upstream removal of carbonate 
substrates, or significant watershed alteration).
    If you have questions regarding whether specific activities will 
likely constitute adverse modification of critical habitat, contact the 
Field Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES 
section). Requests for copies of the regulations on listed wildlife and 
inquiries about prohibitions and permits may be addressed to the U.S. 
Fish and Wildlife Service, Branch of Endangered Species, 911 N.E. 11th 
Ave., Portland, OR 97232 (telephone 503/231-2063; facsimile 503/231-
6243).
    To properly portray the effects of critical habitat designation, we 
must first compare the section 7 requirements for actions that may 
affect critical habitat with the requirements for actions that may 
affect a listed species. Section 7 ensures that actions funded, 
authorized, or carried out by Federal agencies are not likely to 
jeopardize the continued existence of a listed species or destroy or 
adversely modifying the listed species' critical habitat. Actions 
likely to jeopardize the continued existence of a species are those 
that would appreciably reduce the likelihood of the species' survival 
and recovery, and actions likely to destroy or adversely modify 
critical habitat are those that would appreciably reduce the value of 
critical habitat for the survival and recovery of the listed species.
    Common to both definitions is an appreciable detrimental effect on 
both survival and recovery of a listed species. Given the similarity of 
these definitions, actions likely to destroy or adversely modify 
critical habitat would almost always result in jeopardy to the species 
concerned, particularly when the area of the proposed action is 
occupied by the species concerned. Because all of the units we are 
proposing are occupied by either standing plants or seeds as part of 
the seed bank of Astragalus albens, Erigeron parishii, Eriogonum 
ovalifolium var. vineum, Lesquerella kingii ssp. bernardina, and 
Oxytheca parishii var. goodmaniana, and Federal agencies already 
consult with us on activities in areas where the species may be present 
to ensure that their actions do not jeopardize the continued existence 
of the species, the designation of critical habitat is not likely to 
result in a significant regulatory burden above that already in place 
due to the presence of the listed species. Actions on which Federal 
agencies consult with us include, but are not limited to:
    (1) Regulation of activities affecting waters of the U.S. by the 
Corps under section 404 of the Clean Water Act;
    (2) Regulation of water flows, damming, diversion, and 
channelization by Federal agencies;
    (3) Road construction, right of way designation, or regulation of 
agricultural or mining activities by Federal agencies;
    (4) Development on private lands requiring permits from other 
Federal agencies;
    (5) Construction of communication sites licensed by the Federal 
Communications Commission;
    (6) Authorization of Federal grants or loans;
    (7) Activities funded by the Environmental Protection Agency, 
Department of Energy, or any other Federal agency; and
    (8) Hazard mitigation and post-disaster repairs funded by the FEMA.

Relationship to Habitat Conservation Plans and Other Planning 
Efforts

Exclusions Under Section 4(b)(2)

    Only one HCP, Habitat conservation plan for the federally 
threatened desert tortoise, Cushenbury sand and gravel quarry, San 
Bernardino, California (Lilburn Corporation 1994), has been completed 
within the area where these five carbonate plants occur. This HCP

[[Page 6591]]

addresses the federally listed as threatened desert tortoise (Gopherus 
agassizii). While Erigeron parishii occurs within the area addressed by 
this HCP, neither this species nor any other carbonate plant addressed 
in this proposal is covered under this HCP. In the event that future 
HCPs are developed within the boundaries of designated critical habitat 
in which one or more of the carbonate plants is included as a covered 
species, we will work with applicants to ensure that the HCPs provide 
for protection and management of habitat areas essential for their 
conservation by either directing development and habitat modification 
to non-essential areas or appropriately modifying activities within 
essential habitat areas so that such activities will not destroy or 
adversely modify critical habitat. The HCP development process provides 
an opportunity for more intensive data collection and analysis 
regarding the use of particular habitat areas by the five carbonate 
plants. The process also enables us to conduct detailed evaluations of 
the importance of such lands to the long term survival of the species 
in the context of constructing a biologically configured system of 
interlinked habitat preserves. We fully expect that any HCPs undertaken 
by local jurisdictions (e.g., counties, cities) and other parties will 
identify, protect, and provide appropriate management for those 
specific lands within the boundaries of the plans that are essential 
for the long-term conservation of the species. We believe and fully 
expect that our analyses of these proposed HCPs and proposed permits 
under section 7 will show that covered activities carried out in 
accordance with the provisions of the HCPs and biological opinions will 
not result in destruction or adverse modification of critical habitat.

Economic Analysis

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial information 
available, and to consider the economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of specifying such areas as critical 
habitat. We cannot exclude such areas from critical habitat when such 
exclusion will result in the extinction of the species. We will conduct 
an analysis of the economic impacts of designating these areas as 
critical habitat prior to making a final determination. When completed, 
we will announce the availability of the draft economic analysis with a 
notice in the Federal Register, and we will open a public comment 
period on the draft economic analysis and proposed rule at that time.

Public Comments Solicited

    We intend that any final action resulting from this proposal to be 
as accurate and effective as possible. Therefore, we solicit comments 
or suggestions from the public, other concerned governmental agencies, 
the scientific community, industry, or any other interested party 
concerning this proposed rule. We particularly seek comments 
concerning:
    (1) The reasons why any habitat should or should not be determined 
to be critical habitat as provided by section 4 of the Act, including 
whether the benefits of designation will outweigh any threats to these 
species due to designation;
    (2) Specific information on the amount and distribution of 
carbonate plant habitat, and what habitat is essential to the 
conservation of these species and why;
    (3) Land use practices and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitats;
    (4) Any foreseeable economic or other impacts resulting from the 
proposed designation of these critical habitats, in particular, any 
impacts on small entities or families;
    (5) Economic and other values associated with designating critical 
habitat for Astragalus albens, Erigeron parishii, Eriogonum ovalifolium 
var. vineum, Lesquerella kingii ssp. bernardina, and Oxytheca parishii 
var. goodmaniana, such as those derived from non-consumptive uses 
(e.g., hiking, camping, plant-watching/botanizing, enhanced watershed 
protection, improved air quality, increased soil retention, ``existence 
values,'' and reductions in administrative costs); and
    (6) Whether our approach to critical habitat designation could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concern and comments.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address, which we will honor to the extent allowable by law. 
In some circumstances, we would withhold from the rulemaking record a 
respondent's identity, as allowable by law. If you wish us to withhold 
your name or address, you must state this request prominently at the 
beginning of your comment. However, we will not consider anonymous 
comments. To the extent consistent with applicable law, we will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we will seek the expert opinions of at least three appropriate 
and independent specialists regarding this proposed rule. The purpose 
of such review is to ensure listing decisions are based on 
scientifically sound data, assumptions, and analyses. We will send 
these peer reviewers copies of this proposed rule immediately following 
publication in the Federal Register. We will invite these peer 
reviewers to comment, during the public comment period, on the specific 
assumptions and conclusions regarding the proposed designation of 
critical habitat.
    We will consider all comments and information received during the 
public comment period on this proposed rule during preparation of a 
final rulemaking. Accordingly, the final decision may differ from this 
proposal.

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if requested. Requests for public hearings must be made at least 15 
days prior to the close of the public comment period. We will schedule 
public hearings on this proposal, if any are requested, and announce 
the dates, times, and places of those hearings in the Federal Register 
and local newspapers at least 15 days prior to the first hearing.

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations and 
notices that are easy to understand. We invite your comments on how to 
make this notice easier to understand including answers to questions 
such as the following: (1) Are the requirements in the notice clearly 
stated? (2) Does the notice contain technical language or jargon that 
interferes with the clarity? (3) Does the format of the notice 
(grouping and order of sections, use of headings, paragraphing, etc.) 
aid or

[[Page 6592]]

reduce its clarity? (4) Is the description of the notice in the 
SUPPLEMENTARY INFORMATION section of the preamble helpful in 
understanding the notice? What else could we do to make the notice 
easier to understand?
    Send a copy of any comments that concern how we could make this 
notice easier to understand to: Office of Regulatory Affairs, 
Department of the Interior, Room 7229, 1849 C Street, NW, Washington, 
DC 20240.

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule and was reviewed by the Office of Management and 
Budget (OMB) in accordance with the four criteria discussed below. We 
are preparing a draft economic analysis of this proposed action, which 
will be available for public comment, to determine the economic 
consequences of designating the specific areas as critical habitat. The 
availability of the draft economic analysis will be announced in the 
Federal Register and in local newspapers so that it is available for 
public review and comment.
    (a) While we will prepare an economic analysis to assist us in 
considering whether areas should be excluded pursuant to section 4 of 
the Act, we do not believe this rule will have an annual effect on the 
economy of $100 million or more or adversely affect in a material way 
the economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State, local, or Tribal 
governments or communities. Therefore, we do not believe a cost benefit 
and economic analysis pursuant to E.O. 12866 is required.
    Astragalus albens, Erigeron parishii, Eriogonum ovalifolium var. 
vineum, Lesquerella kingii ssp. bernardina, and Oxytheca parishii var. 
goodmaniana were listed as endangered or threatened species in 1994. In 
fiscal years 1994 through 2001, we have conducted, or are in the 
process of conducting, an estimated seven formal section 7 
consultations with other Federal agencies to ensure that their actions 
will not jeopardize the continued existence of A. albens, Erigeron 
parishii, Eriogonum ovalifolium var. vineum, L. kingii ssp. bernardina, 
or O. parishii var. goodmaniana.
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or to destroy or adversely modify 
its critical habitat. Based upon our experience with the species and 
its habitat requirements, we conclude that any Federal action or 
authorized action that could potentially cause adverse modification of 
the proposed critical habitat would currently be considered as 
``jeopardy'' under the Act (see Table 5). Accordingly, the designation 
of critical habitat for Astragalus albens, Erigeron parishii, Eriogonum 
ovalifolium var. vineum, Lesquerella kingii ssp. bernardina, and 
Oxytheca parishii var. goodmaniana is not anticipated to have any 
significant incremental impacts on actions proposed by Federal agencies 
or non-Federal persons that receive Federal authorization or funding. 
We will evaluate any impact through our economic analysis (under 
section 4 of the Act: see Economic Analysis section of this rule). Non-
Federal persons that do not have a Federal ``sponsorship'' of their 
actions are not restricted by the designation of critical habitat.
    (b) This rule is not expected to create inconsistencies with other 
agencies' actions. As discussed above, Federal agencies have been 
required to ensure that their actions do not jeopardize the continued 
existence of Astragalus albens, Erigeron parishii, Eriogonum 
ovalifolium var. vineum, Lesquerella kingii ssp. bernardina, or 
Oxytheca parishii var. goodmaniana since the listing in 1994. The 
designation of critical habitat is expected to impose few, if any, 
additional restrictions to those that currently exist. Because of the 
potential for impacts on other Federal agencies activities, we will 
continue to review this action for any inconsistencies with other 
Federal agencies' actions.
    (c) This proposed rule, if made final, is not expected to 
significantly affect entitlements, grants, user fees, loan programs, or 
the rights and obligations of their recipients. Federal agencies are 
currently required to ensure that their activities do not jeopardize 
the continued existence of the species, and as discussed above we do 
not anticipate that the critical habitat designation will have any 
significant incremental effects.
    (d) OMB has determined that this rule may raise novel legal or 
policy issues and, as a result, this rule has undergone OMB review.

  Table 5.--Impacts of Astragalus Albens, Erigeron Parishii, Eriogonum
    Ovalifolium Var. Vineum, Lesquerella Kingii ssp. Bernardina, and
     Oxytheca Parishii var. Goodmaniana Listing and Critical Habitat
                               Designation
------------------------------------------------------------------------
                                                         Additional
                                   Activities            activities
  Categories of Activities    potentially affected  potentially affected
                               by species listing    by critical habitat
                                    only \1\           designation \2\
------------------------------------------------------------------------
Federal Activities            Activities the        May result in a
 Potentially Affected \3\.     Federal Government    limited increase in
                               carries out such as   the number of
                               removing, thinking,   section 7
                               or destroying         consultations (re-
                               Astragalus albens,    initiations or
                               Erigeron parishii,    new). Since
                               Eriogonum             critical habitat is
                               ovalifolium var.      occupied, few to no
                               vineum, Lesquerella   additional
                               kingii ssp.           activities would be
                               bernardina, or        affected by
                               Oxytheca parishii     critical habitat.
                               var. goodmaniana
                               habitat (as defined
                               in the primary
                               constituent
                               elements), whether
                               by burning or
                               mechanical,
                               chemical, or other
                               means (e.g.,
                               woodcutting,
                               grubbing, grading,
                               overgrazing,
                               construction, road
                               building, mining,
                               herbicide
                               application) and
                               appreciably
                               decreasing habitat
                               value or quality
                               through indirect
                               effects (e.g.,
                               upslop or upstream
                               removal of
                               carbonate
                               substrates,
                               significant
                               watershed
                               alteration).

[[Page 6593]]

 
Private Activities            Activities such as    May result in a
 Potentially Affected \4\.     removing, thinning,   limited increase in
                               or destroying         the number of
                               Astragalus albens,    section 7
                               Erigeron parishii,    consultations (re-
                               Eriogonum             initiations or
                               ovalifolium var.      new). Since
                               vineum, Lesquerella   critical habitat is
                               kingii ssp.           occupied, few to no
                               bernardina, or        additional
                               Oxytheca parishii     activities would be
                               var. goodmaniana      affected by
                               habitat (as defined   critical habitat.
                               in the primary
                               constituent
                               elements), whether
                               by burning or
                               mechanical,
                               chemical, or other
                               means (e.g.,
                               woodcutting,
                               grubbing, grading,
                               overgrazing,
                               construction, road
                               building, mining,
                               herbicide
                               application) and
                               appreciably
                               decreasing habitat
                               value or quality
                               through indirect
                               effects (e.g.,
                               upslope or upstream
                               removal of
                               carbonate
                               substrates,
                               significant
                               watershed
                               alteration that
                               require a Federal
                               action (permit,
                               authorization, or
                               funding)).
------------------------------------------------------------------------
\1\ This column represents the activities potentially affected by
  listing the Astragalus albens, Erigeron parishii, Eriogonum
  ovalifolium var. vineum, Lesquerella kingii ssp. bernardina, or
  Oxytheca parishii var. goodmaniana as endangered or threatened species
  (August 24, 1994, 59 FR 43652) under the Endangered Species Act.
\2\ This column represents the activities potentially affected by the
  critical habitat designation in addition to those activities
  potentially affected by listing the species.
\3\ Activities initiated by a Federal agency.
\4\ Activities initiated by a private entity that may need Federal
  authorization or funding.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. SBREFA amended the 
Regulatory Flexibility Act (RFA) to require Federal agencies to provide 
a statement of the factual basis for certifying that the rule will not 
have a significant economic impact on a substantial number of small 
entities. SBREFA also amended the RFA to require a certification 
statement. We are hereby certifying that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities. The following discussion explains our rationale for making 
this certification.
    We must determine whether the proposed rulemaking will affect a 
substantial number of small entities. Small entities include small 
organizations, such as independent non-profit organizations, and small 
governmental jurisdictions, including school boards and city and town 
governments that serve fewer than 50,000 residents, as well as small 
businesses (13 CFR 121.201). Small businesses include manufacturing and 
mining concerns with fewer than 500 employees, wholesale trade entities 
with fewer than 100 employees, retail and service businesses with less 
than $5 million in annual sales, general and heavy construction 
businesses with less than $27.5 million in annual business, special 
trade contractors doing less than $11.5 million in annual business, and 
agricultural businesses with annual sales less than $750,000. If the 
proposed rulemaking will affect a substantial number of small entities, 
we must determine if there will be a significant economic impact on 
them.
    To determine if the rule would affect a substantial number of small 
entities, we consider the number of small entities affected within 
particular types of economic activities (e.g., housing development; 
grazing; mining; timber harvesting; low-, moderate-, and high-impact 
recreation; placement of communication towers; peak energy production 
plants). We apply the ``substantial number'' test individually to each 
industry to determine if a certification of no significant effect is 
appropriate. In some circumstances, especially with proposed critical 
habitat designations of very limited extent, we may aggregate across 
all industries and consider whether the total number of small entities 
affected is substantial. In estimating the numbers of small entities 
potentially affected, we also consider whether their activities have 
any Federal involvement; some kinds of activities are unlikely to have 
any Federal involvement and so will not be affected by the proposed 
critical habitat designation.
    Designation of critical habitat only affects activities conducted, 
funded, or permitted by Federal agencies; non-Federal activities are 
not affected by the designation. In areas where the species is present, 
Federal agencies are already required to consult with us under section 
7 of the Act on activities that they fund, permit, or implement that 
may affect Astragalus albens, Erigeron parishii, Eriogonum ovalifolium 
var. vineum, Lesquerella kingii ssp. bernardina, or Oxytheca parishii 
var. goodmaniana. If this critical habitat designation is finalized, 
Federal agencies must also consult with us if their activities may 
affect designated critical habitat. However, we do not believe this 
will result in any significant additional regulatory burden on Federal 
agencies or their applicants because consultation would already be 
required due to the presence of the listed species, and the duty to 
avoid adverse modification of critical habitat would not trigger 
significant additional regulatory impacts beyond the duty to avoid 
jeopardizing the species.
    Even if the duty to avoid adverse modification does not trigger 
significant additional regulatory impacts in areas where the species is 
present, designation of critical habitat could result in an additional 
economic burden on small entities due to the requirement to reinitiate 
consultation for ongoing Federal activities. Since the listing of

[[Page 6594]]

the five carbonate plants in August 1994 (59 FR 43652), we have 
completed approximately six consultations involving the carbonate 
plants. Of these, four were with the USFS, one was with the BLM, and 
one was an intra-Service consultation on the issuance of a 10(a)(1)(B) 
permit. Due to this consultation history we know what land uses have 
triggered consultations in the past and we can estimate land uses that 
may trigger consultations in the future. Land uses that have triggered 
these consultations include: Livestock grazing; wild burro management; 
forest road and trail use, maintenance, and construction; special use 
permits (recreation and non-recreation); forest product harvesting 
(e.g., fuelwood collection) and commercial mining (limestone).
    We believe that the requirement to reinitiate consultations for 
ongoing projects will not affect a substantial number of small 
entities. We analyzed the consultations and attempted to determine 
which entities are involved in the consultations. There were six 
grazing permits on the SBNF as of 1998. Since that time, four areas 
with grazing permits have been closed. Of the two remaining grazing 
permits, only one is within areas proposed as critical habitat. This 
single grazing permit is not affecting a substantial number of small 
entities. The SBNF uses its own employees for wild burro management. No 
small entities are involved with this activity.
    The SBNF separates special use permits (SUP) into two categories: 
Recreation and non-recreation. The recreation SUPs are usually of short 
duration and the majority of activities covered by them occur on 
existing roads and trails and will not be affected by critical habitat. 
Several times a year, the SBNF will issue SUPs that involve activities 
off-trail or off-road; however, several years ago the SBNF stopped 
issuing SUPs for activities that would occur in carbonate plant 
habitat. Therefore, we do not anticipate that this critical habitat 
designation will affect a substantial number of small entities involved 
in recreation activities. The non-recreation SUPs are generally long-
term. These SUPs are issued for major projects that occur on Forest 
Service lands (i.e., power lines, pipelines, roads, sewer lines, and 
other utilities). These SUPs generally involve entities such as Verizon 
Wireless, Southern California Edison Company, Pacific Gas and Electric, 
and California Department of Transportation. The vast majority of these 
SUPs are for activities that occur outside of carbonate plant habitat. 
Since the majority of these entities are not considered small and the 
majority of these activities occur outside of carbonate plant habitat, 
critical habitat is not anticipated to affect a substantial number of 
small entities involved in major infrastructure development.
    Forest product harvesting involves activities such as fire wood 
collecting, the clearing of deadwood in post-fire areas, and commercial 
seed collecting. The SBNF stopped allowing these activities in areas 
with carbonate plant habitats in 1998, but still allows them to occur 
in non-carbonate plant habitat. Therefore, critical habitat will not 
affect a substantial number of small entities that rely on forest 
product harvesting activities.
    The SBNF has records of over 200 mining claims in carbonate plant 
habitats. These claims are held by entities ranging from individuals, 
to small clubs (i.e., hobby gold mining clubs), to large multi-national 
corporations (e.g., Mitsubishi). If mines on these claims will have 
significant ground disturbing activities, they are required to complete 
a Plan of Operation (PoO; this is the standard acronym used by the BLM 
and USFS as per 36 CFR 2800). Significant ground-disturbing activities 
is defined as 2 ha (5 ac) by the BLM and discretional to the Forest 
Officer for the USFS. Entities that will not have significant ground-
disturbing activities are not required to complete a PoO, and thus 
these mining activities would not likely trigger any section 7 
consultation requirement. To date, only three entities (Mitsubishi, 
Omya, and Specialty Minerals, Inc.) have filed PoOs with the SBNF, and 
none qualify as a small entity. Approximately 134 (63%) of the claims 
are owned or leased by entities that do not qualify as a small entity. 
The remaining 79 (37%) of the claims are either idle or have not 
submitted a PoO. Due to the significant cost of limestone mining, we do 
not expect individual claimants or other small entities to mine the 
claims without either associating with a large business or leasing 
their claim to a large business. Therefore, critical habitat will not 
affect a substantial number of small entities that rely on significant 
ground-disturbing activities such as mining.
    When the species is clearly not present, designation of critical 
habitat could trigger additional review of Federal activities under 
section 7 of the Act. We have only proposed to designate occupied 
habitat, therefore, we do not anticipate that critical habitat will 
trigger significant additional review of Federal activities under 
section 7 of the Act. Therefore, for the purposes of this review and 
certification under the RFA, we are assuming that any future 
consultations in the area proposed as critical habitat will be due 
jointly to both the presence of at least one of the five listed 
carbonate plants and its corresponding critical habitat. Because of our 
consultation history, we project that the future land uses in this area 
will be similar to the land uses that have occurred since 1994. With 
the development and completion of the CHMS (which will focus mining and 
other activities to minimize the threats within carbonate habitats), we 
anticipate that there will not be any additional land uses within the 
area proposed as critical habitat for the carbonate plants. Of all of 
these activities, we only expect that one additional small entity may 
be affected by this designation. We anticipate that one entity, not 
associated with a major business entity, will request a PoO approval. 
This entity will first have to comply with the National Environmental 
Policy Act and a section 7 consultation may be required, because the 
area under consideration is currently occupied by one or more of the 
five listed carbonate plants. We are not aware of any other small 
entities that will be conducting activities within the area proposed 
for designation of critical habitat for the carbonate plants. We are 
not aware of a significant number of future activities that would 
require Federal permitting or authorization; therefore, we conclude 
that the proposed rule would not affect a substantial number of small 
entities.
    We also considered the likelihood that this rule would result in 
significant economic impacts to small entities. In general, two 
different mechanisms in section 7 consultations could lead to 
additional regulatory requirements. First, if we conclude, in a 
biological opinion, that a proposed action is likely to jeopardize the 
continued existence of a species or adversely modify its critical 
habitat, we can offer ``reasonable and prudent alternatives.'' 
Reasonable and prudent alternatives are alternative actions that can be 
implemented in a manner consistent with the scope of the Federal 
agency's legal authority and jurisdiction, that are economically and 
technologically feasible, and that would avoid jeopardizing the 
continued existence of listed species or resulting in adverse 
modification of critical habitat. A Federal agency and an applicant may 
elect to implement a reasonable and prudent alternative associated with 
a biological opinion that has found jeopardy or adverse modification of 
critical habitat. An agency or applicant could alternatively choose to 
seek an

[[Page 6595]]

exemption from the requirements of the Act or proceed without 
implementing the reasonable and prudent alternative. However, unless an 
exemption were obtained, the Federal agency or applicant would be at 
risk of violating section 7(a)(2) of the Act if it chose to proceed 
without implementing the reasonable and prudent alternatives. Secondly, 
if we find that a proposed action is not likely to jeopardize the 
continued existence of a listed animal species, we may identify 
reasonable and prudent measures designed to minimize the amount or 
extent of take and require the Federal agency or applicant to implement 
such measures through non-discretionary terms and conditions. However, 
the Act does not prohibit the take of listed plant species or require 
terms and conditions to minimize adverse effect to critical habitat. We 
may also identify discretionary conservation recommendations designed 
to minimize or avoid the adverse effects of a proposed action on listed 
species or critical habitat, help implement recovery plans, or develop 
information that could contribute to the recovery of the species.
    Based on our experience with section 7 consultations for all listed 
species, virtually all projects--including those that, in their initial 
proposed form, would result in jeopardy or adverse modification 
determinations in section 7 consultations--can be implemented 
successfully with, at most, the adoption of reasonable and prudent 
alternatives. These measures must be economically feasible and within 
the scope of authority of the Federal agency involved in the 
consultation. We can only describe the general kinds of actions that 
may be identified in future reasonable and prudent alternatives, 
because none of our previous consultations on any of the five carbonate 
plants has required reasonable and prudent alternatives. The kinds of 
actions that may be identified in future reasonable and prudent 
alternatives are based on our understanding of the needs of the species 
and the threats they face, especially as described in the final listing 
rule and in this proposed critical habitat designation, as well as our 
experience with similar listed plants in California. They include 
conservation set-asides, management of competing non-native species, 
restoration of degraded habitat, construction of protective fencing, 
and regular monitoring. These measures are not likely to result in a 
significant economic impact to a substantial number of small entities.
    As required under section 4(b)(2) of the Act, we will conduct an 
analysis of the potential economic impacts of this proposed critical 
habitat designation, and will make that analysis available for public 
review and comment before finalizing this designation. However, court 
deadlines require us to publish this proposed rule before the economic 
analysis can be completed.
    In summary, we have considered whether this proposed rule would 
result in a significant economic effect on a substantial number of 
small entities. We have concluded that it would not significantly 
affect a substantial number of small entities because most of the 
entities that conduct activities in carbonate plant habitat either have 
already consulted with us or they do not qualify as a small entity. 
Additionally, we are working towards a management plan with the other 
stakeholders (e.g., SBNF, BLM, mining interests) for the carbonate 
plant habitat.
    This rule would result in project modifications only when proposed 
Federal activities would destroy or adversely modify critical habitat. 
While this may occur, it is not expected to occur frequently enough to 
affect a substantial number of small entities. Even when it does occur, 
we do not expect it to result in a significant economic impact, as the 
measures included in reasonable and prudent alternatives must be 
economically feasible and consistent with the proposed action. We 
anticipate that the kinds of reasonable and prudent alternatives we 
would provide can usually be implemented at very low cost. Therefore, 
we are certifying that the proposed designation of critical habitat for 
Astragalus albens, Erigeron parishii, Eriogonum ovalifolium var. 
vineum, Lesquerella kingii ssp. bernardina, or Oxytheca parishii var. 
goodmaniana will not have a significant economic impact on a 
substantial number of small entities. Consequently, an initial 
regulatory flexibility analysis is not required for this proposed 
designation.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 
804(2))

    In the economic analysis we will determine whether designation of 
critical habitat would cause (a) any effect on the economy of $100 
million or more, (b) any increases in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions, or (c) any significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises.

Executive Order 13211

    On May 18, 2001, the President issued an Executive Order (E.O. 
13211) which applies to regulations that significantly affect energy 
supply, distribution, and use. Executive Order 13211 requires agencies 
to prepare Statements of Energy Effects when undertaking certain 
actions. Because the area within the proposed critical habitat is mined 
for limestone (for use in pharmaceuticals and aggregate production) and 
not energy producing minerals (e.g., coal, petroleum products), this 
proposed rule is not expected to significantly affect energy supplies, 
distribution, or use; this action is not a significant energy action; 
and no Statement of Energy Effects is required. Additionally, the area 
proposed as critical habitat is occupied by listed species, therefore, 
any required section 7 consultation by a Federal agency undertaking an 
action in this area would initially be triggered by the presence of the 
listed species and not solely by this proposed designation of critical 
habitat.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (a) This rule, as proposed, will not ``significantly or uniquely'' 
affect small governments. A Small Government Agency Plan is not 
required. Small governments will only be affected to the extent that 
their proposed activities require Federal funds, permits or other 
authorization. Activities with a Federal nexus may not destroy or 
adversely modify critical habitat. However, as discussed previously, 
these activities are currently subject to equivalent restrictions as a 
result of the listing of the species, and no further restrictions are 
anticipated.
    (b) This rule, as proposed, will not produce a Federal mandate of 
$100 million or greater in any year, that is, it is not a ``significant 
regulatory action'' under the Unfunded Mandates Reform Act. The 
designation of critical habitat imposes no obligations on State or 
local governments.

Takings

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of 
proposing to designate a total of 5,336 ha (13,180 ac) of lands in San 
Bernardino County, California, as

[[Page 6596]]

critical habitat for Astragalus albens, Erigeron parishii, Eriogonum 
ovalifolium var. vineum, Lesquerella kingii ssp. bernardina, and 
Oxytheca parishii var. goodmaniana in a takings implication assessment. 
The takings implication assessment concludes that this proposed rule 
does not pose a significant takings implication for lands proposed as 
critical habitat for these five carbonate plants.

Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. In keeping with Department of the Interior policy, we 
requested information from, and coordinated development of this 
critical habitat designation with, appropriate State resource agencies 
in California. The designation of critical habitat within the 
geographic range occupied by Astragalus albens, Erigeron parishii, 
Eriogonum ovalifolium var. vineum, Lesquerella kingii ssp. bernardina, 
and Oxytheca parishii var. goodmaniana imposes no additional 
restrictions to those currently in place and, therefore, has little 
incremental impact on State and local governments and their activities. 
The designation may have some benefit to these governments in that the 
areas essential to the conservation of the species are more clearly 
defined, and the primary constituent elements of the habitat necessary 
to the survival of the species are specifically identified. While this 
definition and identification does not alter where and what federally 
sponsored activities may occur, it may assist these local governments 
in long-range planning rather than waiting for case-by-case section 7 
consultations to occur.

Civil Justice Reform

    In accordance with Executive Order 12988, the Department of the 
Interior's Office of the Solicitor has determined that the rule does 
not unduly burden the judicial system and meets the requirements of 
sections 3(a) and 3(b)(2) of the Order. We are proposing to designate 
critical habitat in accordance with the provisions of the Endangered 
Species Act. The rule uses standard property descriptions and 
identifies the primary constituent elements within the designated areas 
to assist the public in understanding the habitat needs of Astragalus 
albens, Erigeron parishii, Eriogonum ovalifolium var. vineum, 
Lesquerella kingii ssp. bernardina, and Oxytheca parishii var. 
goodmaniana.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by the Office of Management and Budget under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This rule will not 
impose new record-keeping or reporting requirements on State or local 
governments, individuals, businesses, or organizations. An agency may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
Control Number.

National Environmental Policy Act

    We have determined we do not need to prepare an Environmental 
Assessment or an Environmental Impact Statement as defined by the 
National Environmental Policy Act of 1969 in connection with 
regulations adopted pursuant to section 4(a) of the Endangered Species 
Act, as amended. We published a notice outlining our reason for this 
determination in the Federal Register on October 25, 1983 (48 FR 
49244). This proposed determination does not constitute a major Federal 
action significantly affecting the quality of the human environment.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and the Department 
of the Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. We have determined that 
there are no Tribal lands essential for the conservation of Astragalus 
albens, Erigeron parishii, Eriogonum ovalifolium var. vineum, 
Lesquerella kingii ssp. bernardina, or Oxytheca parishii var. 
goodmaniana because no Tribal lands support populations or provide 
essential habitat for the five carbonate plants. Therefore, critical 
habitat for A. albens, Erigeron parishii, Eriogonum ovalifolium var. 
vineum, L. kingii ssp. bernardina, or O. parishii var. goodmaniana has 
not been proposed on Tribal lands.

References Cited

    A complete list of all references cited in this proposed rule is 
available upon request from the Carlsbad Fish and Wildlife Office (see 
ADDRESSES section).

Author

    The primary author of this proposed rule is Mark A. Elvin (see 
ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. In Sec. 17.12(h), revise the entries for Astragalus albens, 
Erigeron parishii, Eriogonum ovalifolium var. vineum, Lesquerella 
kingii ssp. bernardina, and Oxytheca parishii var. goodmaniana under 
``FLOWERING PLANTS'' in the List of Endangered and Threatened Plants to 
read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species
------------------------------------------------------    Historic range          Family            Status         When         Critical       Special
         Scientific name              Common name                                                                 listed        habitat         rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Flowering Plants
 
                   *                  *                  *                  *                  *                  *                  *
Astragalus albens...............  Cushenbury milk-     U.S.A. (CA)........  Fabaceae--Pea.....  E                      548  17.96(b)                  NA
                                   vetch.
 

[[Page 6597]]

 
                   *                  *                  *                  *                  *                  *                  *
Erigeron parishii...............  Parish's daisy.....  U.S.A. (CA)........  Asteraceae--Sunflo  T                      548  17.96(b)                  NA
                                                                             wer.
 
                   *                  *                  *                  *                  *                  *                  *
Eriogonum ovalifolium var.        Cushenbury           U.S.A. (CA)........  Polygonaceae--Buck  E                      548  17.96(b)                  NA
 vineum.                           buckwheat.                                wheat.
 
                   *                  *                  *                  *                  *                  *                  *
Lesquerella kingii ssp.           San Bernardino       U.S.A. (CA)........  Brassicaceae--Must  E                      548  17.96(b)                  NA
 bernardina.                       Mountains                                 ard.
                                   bladderpod.
 
                   *                  *                  *                  *                  *                  *                  *
Oxytheca parishii var.            Cushenbury oxytheca  U.S.A. (CA)........  Polygonaceae--Buck  E                      548  17.96(b)                  NA
 goodmaniana.                                                                wheat.
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. In Sec. 17.96, as proposed to be amended at 65 FR 66865, 
November 7, 2000, add critical habitat for the Astragalus albens, 
Erigeron parishii, Eriogonum ovalifolium var. vineum, Lesquerella 
kingii ssp. bernardina, and Oxytheca parishii var. goodmaniana under 
paragraph (a) by adding entries for A. albens, Erigeron parishii, 
Eriogonum ovalifolium var. vineum, L. kingii ssp. bernardina, and O. 
parishii var. goodmaniana in alphabetical order by family under 
Asteraceae, Brassicaceae, Fabaceae, and Polygonaceae (respectively) to 
read as follows:


Sec. 17.96  Critical habitat--plants.

    (a)
    (2)* * *
    (i)* * *
Family Asteraceae: Erigeron parishii (Parish's daisy)
    (A) Critical habitat units are depicted for San Bernardino County, 
California, on the maps below.
    (B) The primary constituent elements of critical habitat for 
Erigeron parishii are those habitat components that are essential for 
the primary biological needs of the species. Based on our current 
knowledge of this species, the primary constituent elements of critical 
habitat for this species are listed below and consist of, but are not 
limited to:
    (1) Soils derived primarily from upstream or upslope limestone, 
dolomite, or quartz monzonite parent materials that occur on dry, rocky 
hillsides, shallow drainages, or outwash plains at elevations between 
1,171 and 1,950 m (3,842 and 6,400 ft);
    (2) Soils with intact, natural surfaces that have not been 
substantially altered by land use activities (e.g., graded, excavated, 
re-contoured, or otherwise altered by ground-disturbing equipment); and
    (3) Associated plant communities that have areas with an open 
canopy cover.
    (C) Critical habitat does not include existing features and 
structures, such as buildings, mines that are active at the time of 
this rule's publication, paved or unpaved roads, other paved or cleared 
areas, lawns, and other urban landscaped areas that do not contain one 
or more of the primary constituent elements. Federal actions limited to 
those areas, therefore, would not trigger a section 7 consultation, 
unless they may affect the species and/or primary constituent elements 
in adjacent critical habitat.
    (D) Map 1 follows. [index map]

[[Page 6598]]

[GRAPHIC] [TIFF OMITTED] TP12FE02.000

    (E) Northeastern Slope Unit, San Bernardino County, California.
    (1) From USGS 1:24,000 quadrangle maps Fawnskin, Big Bear City, and 
Onyx Peak, California.
    Subunit 1a: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 507200, 3802000; 507400, 3802000; 507400, 3801800; 507500, 
3801800; 507500, 3801600; 507400, 3801600; 507400, 3801500; 507500, 
3801500; 507500, 3801200; 507600, 3801200; 507600, 3801300; 507700, 
3801300; 507700, 3801400; 507800, 3801400; 507800, 3801500; 507900, 
3801500; 507900, 3801600; 508100, 3801600; 508100, 3801100; 508000, 
3801100; 508000, 3800900; 507900, 3800900; 507900, 3800800; 507700, 
3800800; 507700, 3800900; 507600, 3800900; 507600, 3801000; 507500, 
3801000; 507500, 3800700; 507400, 3800700; 507400, 3800300; 507300, 
3800300; 507300, 3799900; 507100, 3799900; 507100, 3800100; 506900, 
3800100; 506900, 3800500; 506800, 3800500; 506800, 3800700; 506700, 
3800700; 506700, 3801100; 507100, 3801100; 507100, 3801400; 507000, 
3801400; 507000, 3801800; 507100, 3801800; 507100, 3801900; 507200, 
3801900; and 507200, 3802000.
    Subunit 1b: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 508300, 3802400; 508500, 3802400; 508500, 3801900; 508400, 
3801900; 508400, 3801800; 508100, 3801800; 508100, 3802300; 508300, 
3802300; and 508300, 3802400.
    Subunit 1c: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 509700, 3800500; 510200, 3800500; 510200, 3800200; 510100, 
3800200; 510100, 3800100; 509700, 3800100; and 509700, 3800500.
    Subunit 1d: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 510300, 3801000; 510500, 3801000; 510500, 3800800; 510300, 
3800800; and 510300, 3801000.
    Subunit 1e: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 510900, 3802200; 511200, 3802200; 511200, 3801700; 511100, 
3801700; 511100, 3801400; 510700, 3801400; 510700, 3801800; 510800, 
3801800; 510800, 3802100; 510900, 3802100; and 510900, 3802200.
    Subunit 1f: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 511400, 3801000; 511600, 3801000; 511600, 3800900; 511700, 
3800900; 511700, 3800700; 511600, 3800700; 511600, 3800600; 511500, 
3800600; 511500, 3800500; 511200, 3800500; 511200, 3800400; 511000, 
3800400; 511000, 3800500; 510900, 3800500; 510900, 3800600; 511000, 
3800600; 511000, 3800700; 511300, 3800700; 511300, 3800800; 511400, 
3800800; and 511400, 3801000.
    Subunit 1g: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 511800, 3800000; 512200, 3800000; 512200, 3799900; 512300, 
3799900; 512300, 3799800; 512400, 3799800; 512400, 3799500; 512300, 
3799500; 512300, 3799400; 511900, 3799400; 511900, 3799500; 511700, 
3799500; 511700, 3799400; 511500, 3799400; 511500, 3799500; 511400, 
3799500; 511400, 3799600; 511300, 3799600; 511300, 3799800; 511800, 
3799800; and 511800, 3800000.

[[Page 6599]]

    Subunit 1h: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 512100, 3800700; 512400, 3800700; 512400, 3800600; 512500, 
3800600; 512500, 3800400; 512600, 3800400; 512600, 3800300; 512700, 
3800300; 512700, 3800100; 512600, 3800100; 512600, 3800000; 512300, 
3800000; 512300, 3800300; 512200, 3800300; 512200, 3800200; 512100, 
3800200; 512100, 3800100; 511900, 3800100; 511900, 3800200; 511800, 
3800200; 511800, 3800400; 511900, 3800400; 511900, 3800500; 512100, 
3800500; and 512100, 3800700.
    Subunit 1i: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 512200, 3803200; 512400, 3803200; 512400, 3803100; 512500, 
3803100; 512500, 3802800; 512400, 3802800; 512400, 3802600; 512500, 
3802600; 512500, 3802700; 512800, 3802700; 512800, 3802600; 512900, 
3802600; 512900, 3802400; 512800, 3802400; 512800, 3802300; 512700, 
3802300; 512700, 3802200; 512500, 3802200; 512500, 3802000; 512400, 
3802000; 512400, 3801800; 512000, 3801800; 512000, 3802100; 512100, 
3802100; 512100, 3802300; 511900, 3802300; 511900, 3802800; 512000, 
3802800; 512000, 3802900; 512100, 3802900; 512100, 3803100; 512200, 
3803100; and 512200, 3803200.
    Subunit 1j: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 513300, 3802300; 513600, 3802300; 513600, 3802000; 513700, 
3802000; 513700, 3801900; 513800, 3801900; 513800, 3802000; 514100, 
3802000; 514100, 3801600; 514000, 3801600; 514000, 3801400; 513800, 
3801400; 513800, 3801500; 513600, 3801500; 513600, 3801600; 513400, 
3801600; 513400, 3801700; 513300, 3801700; 513300, 3801800; 513200, 
3801800; 513200, 3802200; 513300, 3802200; and 513300, 3802300.
    Subunit 1k: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 515800, 3802900; 516000, 3802900; 516000, 3802800; 516100, 
3802800; 516100, 3802500; 516300, 3802500; 516300, 3802200; 516000, 
3802200; 516000, 3802000; 516100, 3802000; 516100, 3801900; 516200, 
3801900; 516200, 3801700; 516300, 3801700; 516300, 3801500; 516400, 
3801500; 516400, 3800800; 516300, 3800800; 516300, 3800700; 516000, 
3800700; 516000, 3801300; 515900, 3801300; 515900, 3801400; 515800, 
3801400; 515800, 3801600; 515700, 3801600; 515700, 3801700; 515100, 
3801700; 515100, 3801800; 515000, 3801800; 515000, 3801500; 515100, 
3801500; 515100, 3801200; 515000, 3801200; 515000, 3801100; 514900, 
3801100; 514900, 3800700; 514400, 3800700; 514400, 3801000; 514300, 
3801000; 514300, 3801400; 514400, 3801400; 514400, 3801500; 514500, 
3801500; 514500, 3801600; 514600, 3801600; 514600, 3802100; 514700, 
3802100; 514700, 3802400; 514800, 3802400; 514800, 3802600; 514900, 
3802600; 514900, 3802800; 515300, 3802800; 515300, 3802500; 515200, 
3802500; 515200, 3802300; 515400, 3802300; 515400, 3802200; 515500, 
3802200; 515500, 3802100; 515600, 3802100; 515600, 3802700; 515700, 
3802700; 515700, 3802800; 515800, 3802800; and 515800, 3802900.
    Subunit 1l: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 515600, 3801200; 515900, 3801200; 515900, 3800800; 515500, 
3800800; 515500, 3801100; 515600, 3801100; and 515600, 3801200.
    Subunit 1m: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 514900, 3799900; 514900, 3800000; 515000, 3800000; 515000, 
3800200; 514900, 3800200; 514900, 3800500; 515000, 3800500; 515000, 
3800600; 515400, 3800600; 515400, 3800200; 515500, 3800200; 515500, 
3799700; 515400, 3799700; 515400, 3799600; 516000, 3799600; 516000, 
3799500; 516100, 3799500; 516100, 3799200; 516500, 3799200; 516500, 
3799100; 516600, 3799100; 516600, 3798900; 516500, 3798900; 516500, 
3798800; 516200, 3798800; 516200, 3798900; 516000, 3798900; 516000, 
3799100; 515900, 3799100; 515900, 3799000; 515700, 3799000; 515700, 
3799100; 515600, 3799100; 515600, 3799000; 515200, 3799000; 515200, 
3799100; 514800, 3799100; 514800, 3799200; 514700, 3799200; 514700, 
3799300; 514100, 3799300; 514100, 3799400; 514000, 3799400; 514000, 
3799300; 513600, 3799300; 513600, 3799400; 513500, 3799400; 513500, 
3799600; 513600, 3799600; 513600, 3799700; 513500, 3799700; 513500, 
3800000; 513600, 3800000; 513600, 3800100; 513700, 3800100; 513700, 
3800200; 513900, 3800200; 513900, 3800000; 514700, 3800000; 514700, 
3799900; and 514900, 3799900; excluding land bounded by 514900, 
3799900; 514900, 3799700; 515000, 3799700; 515000, 3799900; and 514900, 
3799900.
    Subunit 1n: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 517300, 3801000; 517800, 3801000; 517800, 3800600; 517600, 
3800600; 517600, 3800300; 517500, 3800300; 517500, 3800200; 517000, 
3800200; 517000, 3800700; 517100, 3800700; 517100, 3800800; 517200, 
3800800; 517200, 3800900; 517300, 3800900; and 517300, 3801000.
    Subunit 1o: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 519200, 3801600; 519500, 3801600; 519500, 3801500; 519600, 
3801500; 519600, 3801100; 519500, 3801100; 519500, 3800900; 519400, 
3800900; 519400, 3800800; 519300, 3800800; 519300, 3800700; 519200, 
3800700; 519200, 3800600; 519100, 3800600; 519100, 3800500; 518800, 
3800500; 518800, 3800900; 518900, 3800900; 518900, 3801000; 519000, 
3801000; 519000, 3801100; 519100, 3801100; 519100, 3801500; 519200, 
3801500; and 519200, 3801600.
    Subunit 1p: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 520000, 3801100; 520300, 3801100; 520300, 3800700; 520100, 
3800700; 520100, 3800600; 519900, 3800600; 519900, 3800700; 519800, 
3800700; 519800, 3800900; 519900, 3800900; 519900, 3801000; 520000, 
3801000; and 520000, 3801100.
    Subunit 1q: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 521100, 3800700; 521300, 3800700; 521300, 3800600; 521400, 
3800600; 521400, 3800500; 521600, 3800500; 521600, 3800300; 521700, 
3800300; 521700, 3800200; 521600, 3800200; 521600, 3800100; 521500, 
3800100; 521500, 3800000; 521300, 3800000; 521300, 3799900; 521200, 
3799900; 521200, 3799700; 521000, 3799700; 521000, 3799600; 520900, 
3799600; 520900, 3799500; 520500, 3799500; 520500, 3799100; 520300, 
3799100; 520300, 3799300; 520200, 3799300; 520200, 3799200; 520000, 
3799200; 520000, 3799000; 520200, 3799000; 520200, 3798900; 520300, 
3798900; 520300, 3798800; 520700, 3798800; 520700, 3798600; 520800, 
3798600; 520800, 3798700; 521500, 3798700; 521500, 3798800; 521300, 
3798800; 521300, 3798900; 521700, 3798900; 521700, 3799000; 522000, 
3799000; 522000, 3798900; 522100, 3798900; 522100, 3798700; 522000, 
3798700; 522000, 3798600; 521900, 3798600; 521900, 3798400; 521500, 
3798400; 521500, 3798100; 521300, 3798100; 521300, 3798000; 521200, 
3798000; 521200, 3797800; 520600, 3797800; 520600, 3797900; 520500, 
3797900; 520500, 3798100; 520400, 3798100; 520400, 3798200; 520300, 
3798200; 520300, 3798400; 520200, 3798400; 520200, 3798500; 520100, 
3798500; 520100, 3798600; 519600, 3798600; 519600, 3798900; 519200, 
3798900; 519200, 3799200; 519300, 3799200; 519300, 3799300; 519500, 
3799300; 519500, 3799400; 519700, 3799400; 519700, 3799500; 519900, 
3799500; 519900, 3799600; 520100, 3799600; 520100, 3799700; 520300, 
3799700; 520300, 3799800; 520400,

[[Page 6600]]

3799800; 520400, 3799900; 520500, 3799900; 520500, 3800100; 520600, 
3800100; 520600, 3800300; 520800, 3800300; 520800, 3800400; 520900, 
3800400; 520900, 3800500; 521000, 3800500; 521000, 3800600; 521100, 
3800600; and 521100, 3800700.
    Subunit 1r: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 519200, 3797300; 519600, 3797300; 519600, 3796900; 519500, 
3796900; 519500, 3796800; 519400, 3796800; 519400, 3796600; 519300, 
3796600; 519300, 3796500; 519500, 3796500; 519500, 3796400; 519600, 
3796400; 519600, 3796100; 519700, 3796100; 519700, 3796000; 519600, 
3796000; 519600, 3795400; 519300, 3795400; 519300, 3795500; 518500, 
3795500; 518500, 3795900; 518800, 3795900; 518800, 3796000; 519000, 
3796000; 519000, 3796100; 519100, 3796100; 519100, 3796200; 519200, 
3796200; 519200, 3796500; 518900, 3796500; 518900, 3796600; 518800, 
3796600; 518800, 3796900; 518900, 3796900; 518900, 3797000; 519100, 
3797000; 519100, 3797200; 519200, 3797200; and 519200, 3797300.
    Subunit 1s: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 520000, 3797600; 520300, 3797600; 520300, 3797100; 520100, 
3797100; 520100, 3797000; 520000, 3797000; 520000, 3796900; 519800, 
3796900; 519800, 3797000; 519700, 3797000; 519700, 3797400; 519800, 
3797400; 519800, 3797500; 520000, 3797500; and 520000, 3797600.
    Subunit 1t: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 521300, 3797100; 521700, 3797100; 521700, 3796700; 521600, 
3796700; 521600, 3796600; 521400, 3796600; 521400, 3796700; 521300, 
3796700; and 521300, 3797100.
    Subunit 1u: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 519300, 3794600; 519700, 3794600; 519700, 3794300; 519600, 
3794300; 519600, 3794100; 519500, 3794100; 519500, 3794000; 519400, 
3794000; 519400, 3793900; 519300, 3793900; 519300, 3793800; 519000, 
3793800; 519000, 3794200; 519100, 3794200; 519100, 3794300; 519200, 
3794300; 519200, 3794400; 519300, 3794400; and 519300, 3794600.
    Subunit 1v: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 519800, 3794300; 520200, 3794300; 520200, 3793900; 520300, 
3793900; 520300, 3794000; 520500, 3794000; 520500, 3794100; 521000, 
3794100; 521000, 3794200; 521600, 3794200; 521600, 3793900; 521500, 
3793900; 521500, 3793800; 521200, 3793800; 521200, 3793700; 521100, 
3793700; 521100, 3793600; 520800, 3793600; 520800, 3793700; 520600, 
3793700; 520600, 3793600; 520300, 3793600; 520300, 3793700; 520200, 
3793700; 520200, 3793800; 520000, 3793800; 520000, 3793700; 519800, 
3793700; and 519800, 3794300.
    Subunit 1w: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 521700, 3793800; 522100, 3793800; 522100, 3793700; 522400, 
3793700; 522400, 3793600; 522500, 3793600; 522500, 3793300; 522400, 
3793300; 522400, 3792700; 522300, 3792700; 522300, 3792600; 522200, 
3792600; 522200, 3792500; 522000, 3792500; 522000, 3792600; 521800, 
3792600; 521800, 3792700; 521600, 3792700; 521600, 3793000; 521500, 
3793000; 521500, 3793300; 521600, 3793300; 521600, 3793700; 521700, 
3793700; and 521700, 3793800.
    Subunit 1x: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 530800, 3789300; 531100, 3789300; 531100, 3788900; 531000, 
3788900; 531000, 3788800; 530600, 3788800; 530600, 3788900; 530500, 
3788900; 530500, 3789100; 530600, 3789100; 530600, 3789200; 530800, 
3789200; and 530800, 3789300.
    Subunit 1y: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 530900, 3788600; 531500, 3788600; 531500, 3788300; 530900, 
3788300; and 530900, 3788600.
    (2) Erigeron parishii Map follows.

[[Page 6601]]

[GRAPHIC] [TIFF OMITTED] TP12FE02.001

Family Brassicaceae: Lesquerella kingii ssp. bernardina (San Bernardino 
Mountains Bladderpod)
    (A) Critical habitat units are depicted for San Bernardino County, 
California, on the maps below.
    (B) The primary constituent elements of critical habitat for 
Lesquerella kingii ssp. bernardina, are those habitat components that 
are essential for the primary biological needs of the species. Based on 
our current knowledge of this species, the primary constituent elements 
of critical habitat for this species are listed below and consist of, 
but are not limited to:
    (1) Soils derived primarily from Bonanza King Formation and 
Undivided Cambrian parent materials that occur on hillsides or on large 
rock outcrops at elevations between 2,098 and 2,700 m (6,883 and 8,800 
ft);
    (2) Soils with intact, natural surfaces that have not been 
substantially altered by land use activities (e.g., graded, excavated, 
re-contoured, or otherwise altered by ground-disturbing equipment); and
    (3) Associated plant communities that have areas with an open 
canopy cover and little accumulation of organic material (e.g., leaf 
litter) on the surface of the soil.
    (C) Critical habitat does not include existing features and 
structures, such as buildings, mines that are active at the time of 
this rule's publication, paved or unpaved roads, other paved or cleared 
areas, lawns, and other urban landscaped areas that do not contain one 
or more of the primary constituent elements. Federal actions limited to 
those areas, therefore, would not trigger a section 7 consultation, 
unless they may affect the species and/or primary constituent elements 
in adjacent critical habitat.
    (D) Bertha Ridge Unit, San Bernardino County, California.
    (1) From USGS 1:24,000 quadrangle maps Fawnskin and Big Bear City, 
California.
    Subunit 2a: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 510400, 3793600; 510700, 3793600; 510700, 3793500; 510800, 
3793500; 510800, 3793400; 511000, 3793400; 511000, 3793100; 510900, 
3793100; 510900, 3793000; 510600, 3793000; 510600, 3793100; 510500, 
3793100; 510500, 3793200; 510400, 3793200; and 510400, 3793600.
    Subunit 2b: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 511600, 3793900; 511900, 3793900; 511900, 3793800; 512000, 
3793800; 512000, 3793700; 512300, 3793700; 512300, 3793600; 512400, 
3793600; 512400, 3793300; 512300, 3793300; 512300, 3793200; 512100, 
3793200; 512100, 3793300; 512000, 3793300; 512000, 3793200; 511600, 
3793200; 511600, 3793500; 511500, 3793500; 511500, 3793800; 511600, 
3793800; and 511600, 3793900.
    Subunit 2c: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 511700, 3793100; 512000, 3793100; 512000, 3793000; 512200, 
3793000; 512200, 3792700; 512100, 3792700; 512100, 3792500; 511900, 
3792500; 511900, 3792300; 512600, 3792300; 512600, 3792100; 512400, 
3792100; 512400, 3791400; 512100, 3791400; 512100, 3791500; 511900, 
3791500; 511900, 3791400; 511700,

[[Page 6602]]

3791400; 511700, 3791300; 511600, 3791300; 511600, 3791200; 511200, 
3791200; 511200, 3791400; 511100, 3791400; 511100, 3791500; 511200, 
3791500; 511200, 3791600; 511300, 3791600; 511300, 3791700; 511600, 
3791700; 511600, 3792300; 511500, 3792300; 511500, 3792500; 511600, 
3792500; 511600, 3792600; 511700, 3792600; 511700, 3792700; 511600, 
3792700; 511600, 3793000; 511700, 3793000; and 511700, 3793100.
    (E) Sugarlump Ridge Unit, San Bernardino County, California.
    (1) From USGS 1:24,000 quadrangle map Moonridge, California.
    Subunit 3a: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 512700, 3785700; 512900, 3785700; 512900, 3785600; 513300, 
3785600; 513300, 3785300; 513400, 3785300; 513400, 3785400; 513500, 
3785400; 513500, 3785500; 513600, 3785500; 513600, 3785600; 513700, 
3785600; 513700, 3785700; 514000, 3785700; 514000, 3785600; 514300, 
3785600; 514300, 3785500; 514500, 3785500; 514500, 3785600; 514600, 
3785600; 514600, 3785700; 515000, 3785700; 515000, 3785600; 515400, 
3785600; 515400, 3785500; 516300, 3785500; 516300, 3785400; 516400, 
3785400; 516400, 3785100; 516200, 3785100; 516200, 3785000; 515900, 
3785000; 515900, 3784900; 515600, 3784900; 515600, 3785000; 515400, 
3785000; 515400, 3785100; 515200, 3785100; 515200, 3785000; 514500, 
3785000; 514500, 3785100; 514400, 3785100; 514400, 3785200; 514100, 
3785200; 514100, 3785300; 514000, 3785300; 514000, 3785000; 513800, 
3785000; 513800, 3784900; 513500, 3784900; 513500, 3785000; 513400, 
3785000; 513400, 3785100; 513300, 3785100; 513300, 3785000; 513100, 
3785000; 513100, 3785100; 513000, 3785100; 513000, 3785300; 512600, 
3785300; 512600, 3785600; 512700, 3785600; and 512700, 3785700.
    Subunit 3b: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 516500, 3785700; 516900, 3785700; 516900, 3785400; 516500, 
3785400; and 516500, 3785700.
    (2) Lesquerella kingii ssp. bernardina Map follows.
    [GRAPHIC] [TIFF OMITTED] TP12FE02.002
    
Family Fabaceae: Astragalus albens (Cushenbury Milk-Vetch)
    (A) Critical habitat units are depicted for San Bernardino County, 
California, on the maps below.
    (B) The primary constituent elements of critical habitat for 
Astragalus albens, are those habitat components that are essential for 
the primary biological needs of the species. Based on our current 
knowledge of this species, the primary constituent elements of critical 
habitat for this species are listed below and consist of, but are not 
limited to:
    (1) Soils derived primarily from the upper and middle members of 
the Bird Spring Formation and Undivided Cambrian parent materials that 
occur on hillsides or along rocky washes with limestone outwash/
deposits at elevations between 1,171 and 2,013 m (3,864 and 6,604 ft);
    (2) Soils with intact, natural surfaces that have not been 
substantially altered

[[Page 6603]]

by land use activities (e.g., graded, excavated, re-contoured, or 
otherwise altered by ground-disturbing equipment); and
    (3) Associated plant communities that have areas with an open 
canopy cover and little accumulation of organic material (e.g., leaf 
litter) on the surface of the soil.
    (C) Critical habitat does not include existing features and 
structures, such as buildings, mines that are active at the time of 
this rule's publication, paved or unpaved roads, other paved or cleared 
areas, lawns, and other urban landscaped areas that do not contain one 
or more of the primary constituent elements. Federal actions limited to 
those areas, therefore, would not trigger a section 7 consultation, 
unless they may affect the species and/or primary constituent elements 
in adjacent critical habitat.
    (D) Northeastern Slope Unit, San Bernardino County, California.
    (1) From USGS 1:24,000 quadrangle maps Fawnskin, Big Bear City, 
Rattlesnake Canyon, and Cougar Buttes, California.
    Subunit 1a: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 503300, 3801900; 503600, 3801900; 503600, 3801700; 503700, 
3801700; 503700, 3801600; 503800, 3801600; 503800, 3801500; 503900, 
3801500; 503900, 3801200; 503800, 3801200; 503800, 3801100; 503900, 
3801100; 503900, 3800900; 504000, 3800900; 504000, 3800800; 504100, 
3800800; 504100, 3800500; 504000, 3800500; 504000, 3800300; 503900, 
3800300; 503900, 3800200; 503500, 3800200; 503500, 3800300; 503400, 
3800300; 503400, 3800400; 503300, 3800400; 503300, 3800600; 503200, 
3800600; 503200, 3801800; 503300, 3801800; and 503300, 3801900.
    Subunit 1b: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 507000, 3801600; 507400, 3801600; 507400, 3801300; 507500, 
3801300; 507500, 3800900; 507600, 3800900; 507600, 3800500; 507500, 
3800500; 507500, 3800400; 507400, 3800400; 507400, 3800300; 507300, 
3800300; 507300, 3800200; 507200, 3800200; 507200, 3800100; 507100, 
3800100; 507100, 3800200; 507000, 3800200; 507000, 3800500; 506800, 
3800500; 506800, 3800600; 506700, 3800600; 506700, 3801100; 506900, 
3801100; 506900, 3801000; 507100, 3801000; 507100, 3801300; 507000, 
3801300; and 507000, 3801600.
    Subunit 1c: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 513100, 3803700; 513600, 3803700; 513600, 3803100; 513500, 
3803100; 513500, 3803000; 513400, 3803000; 513400, 3802900; 513300, 
3802900; 513300, 3802800; 513100, 3802800; 513100, 3802900; 513000, 
3802900; 513000, 3803000; 512900, 3803000; 512900, 3803400; 513000, 
3803400; 513000, 3803500; 513100, 3803500; and 513100, 3803700.
    Subunit 1d: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 516000, 3803300; 516300, 3803300; 516300, 3803000; 516000, 
3803000; and 516000, 3803300.
    Subunit 1e: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 514800, 3802600; 515200, 3802600; 515200, 3802200; 515100, 
3802200; 515100, 3801900; 515300, 3801900; 515300, 3802000; 515400, 
3802000; 515400, 3801900; 515500, 3801900; 515500, 3801600; 515100, 
3801600; 515100, 3801500; 514800, 3801500; 514800, 3801600; 514700, 
3801600; 514700, 3801900; 514600, 3801900; 514600, 3802000; 514500, 
3802000; 514500, 3802300; 514600, 3802300; 514600, 3802400; 514700, 
3802400; 514700, 3802500; 514800, 3802500; and 514800, 3802600.
    Subunit 1f: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 516000, 3802500; 516200, 3802500; 516200, 3802400; 516300, 
3802400; 516300, 3802100; 516200, 3802100; 516200, 3801900; 515800, 
3801900; 515800, 3801800; 515700, 3801800; 515700, 3801900; 515600, 
3801900; 515600, 3802100; 515500, 3802100; 515500, 3802200; 515600, 
3802200; 515600, 3802300; 515900, 3802300; 515900, 3802400; 516000, 
3802400; and 516000, 3802500.
    Subunit 1g: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 513700, 3800000; 514100, 3800000; 514100, 3799900; 514300, 
3799900; 514300, 3799800; 514700, 3799800; 514700, 3799500; 514800, 
3799500; 514800, 3799600; 515000, 3799600; 515000, 3799500; 515100, 
3799500; 515100, 3799200; 515000, 3799200; 515000, 3799100; 514800, 
3799100; 514800, 3799200; 514700, 3799200; 514700, 3799300; 514600, 
3799300; 514600, 3799400; 514500, 3799400; 514500, 3799300; 514100, 
3799300; 514100, 3799500; 514000, 3799500; 514000, 3799400; 513800, 
3799400; 513800, 3799500; 513700, 3799500; and 513700, 3800000.
    Subunit 1h: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 515200, 3801300; 515500, 3801300; 515500, 3801200; 515600, 
3801200; 515600, 3800800; 515500, 3800800; 515500, 3800700; 515400, 
3800700; 515400, 3800400; 515300, 3800400; 515300, 3800300; 515400, 
3800300; 515400, 3800200; 515500, 3800200; 515500, 3799600; 515600, 
3799600; 515600, 3799500; 515900, 3799500; 515900, 3799400; 516300, 
3799400; 516300, 3799200; 516500, 3799200; 516500, 3799000; 516700, 
3799000; 516700, 3799600; 517100, 3799600; 517100, 3799400; 517200, 
3799400; 517200, 3799300; 517100, 3799300; 517100, 3799200; 517200, 
3799200; 517200, 3798900; 517100, 3798900; 517100, 3798600; 516500, 
3798600; 516500, 3798900; 516400, 3798900; 516400, 3798800; 516200, 
3798800; 516200, 3798900; 515400, 3798900; 515400, 3799000; 515300, 
3799000; 515300, 3799100; 515200, 3799100; 515200, 3799600; 515100, 
3799600; 515100, 3799700; 515000, 3799700; 515000, 3800100; 514900, 
3800100; 514900, 3800800; 514800, 3800800; 514800, 3800700; 514600, 
3800700; 514600, 3800800; 514500, 3800800; 514500, 3801000; 514600, 
3801000; 514600, 3801100; 514800, 3801100; 514800, 3801000; 514900, 
3801000; 514900, 3801100; 515100, 3801100; 515100, 3801200; 515200, 
3801200; and 515200, 3801300.
    Subunit 1i: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 517200, 3802800; 517700, 3802800; 517700, 3802400; 517600, 
3802400; 517600, 3802100; 517500, 3802100; 517500, 3802000; 517400, 
3802000; 517400, 3801900; 517200, 3801900; 517200, 3802000; 517100, 
3802000; 517100, 3802700; 517200, 3802700; and 517200, 3802800.
    Subunit 1j: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 517800, 3802200; 518200, 3802200; 518200, 3801900; 518100, 
3801900; 518100, 3801800; 517800, 3801800; and 517800, 3802200.
    Subunit 1k: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 517700, 3801500; 518300, 3801500; 518300, 3801200; 518200, 
3801200; 518200, 3801100; 518100, 3801100; 518100, 3801000; 518000, 
3801000; 518000, 3800900; 517900, 3800900; 517900, 3800800; 517800, 
3800800; 517800, 3800600; 517700, 3800600; 517700, 3800500; 517800, 
3800500; 517800, 3800000; 517700, 3800000; 517700, 3799900; 517300, 
3799900; 517300, 3800000; 517200, 3800000; 517200, 3799900; 516800, 
3799900; 516800, 3800000; 516700, 3800000; 516700, 3800200; 517100, 
3800200; 517100, 3800900; 517200, 3800900; 517200, 3801000; 517400, 
3801000; 517400, 3801200; 517500, 3801200; 517500, 3801400; 517700, 
3801400; and 517700, 3801500.
    Subunit 1l: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 517800, 3799800; 518600, 3799800; 518600, 3799500; 518500, 
3799500; 518500, 3799400; 518400,

[[Page 6604]]

3799400; 518400, 3799300; 518200, 3799300; 518200, 3799100; 517900, 
3799100; 517900, 3798700; 517500, 3798700; 517500, 3798900; 517400, 
3798900; 517400, 3799600; 517700, 3799600; 517700, 3799700; 517800, 
3799700; and 517800, 3799800.
    Subunit 1m: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 520200, 3801000; 520600, 3801000; 520600, 3800700; 520500, 
3800700; 520500, 3800600; 520600, 3800600; 520600, 3800500; 520800, 
3800500; 520800, 3800400; 520900, 3800400; 520900, 3800300; 521100, 
3800300; 521100, 3800200; 521200, 3800200; 521200, 3800000; 521100, 
3800000; 521100, 3799900; 520800, 3799900; 520800, 3800100; 520300, 
3800100; 520300, 3800200; 520200, 3800200; 520200, 3800300; 520100, 
3800300; 520100, 3800200; 519800, 3800200; 519800, 3800700; 520100, 
3800700; 520100, 3800600; 520200, 3800600; and 520200, 3801000.
    Subunit 1n: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 519300, 3799300; 519600, 3799300; 519600, 3798900; 519300, 
3798900; 519300, 3799000; 519200, 3799000; 519200, 3799200; 519300, 
3799200; and 519300, 3799300.
    Subunit 1o: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 520100, 3800000; 520400, 3800000; 520400, 3799900; 520500, 
3799900; 520500, 3799700; 520400, 3799700; 520400, 3799600; 520000, 
3799600; 520000, 3799500; 520100, 3799500; 520100, 3799400; 520200, 
3799400; 520200, 3799300; 520300, 3799300; 520300, 3799400; 520600, 
3799400; 520600, 3799100; 520300, 3799100; 520300, 3799200; 520100, 
3799200; 520100, 3799000; 520200, 3799000; 520200, 3798900; 520300, 
3798900; 520300, 3798800; 520700, 3798800; 520700, 3798700; 521500, 
3798700; 521500, 3798800; 521400, 3798800; 521400, 3799000; 521300, 
3799000; 521300, 3799100; 521200, 3799100; 521200, 3799200; 521500, 
3799200; 521500, 3799300; 521800, 3799300; 521800, 3798600; 521600, 
3798600; 521600, 3798500; 521500, 3798500; 521500, 3797900; 521100, 
3797900; 521100, 3798000; 521000, 3798000; 521000, 3797900; 520900, 
3797900; 520900, 3797800; 520600, 3797800; 520600, 3797900; 520500, 
3797900; 520500, 3798000; 520300, 3798000; 520300, 3798300; 520200, 
3798300; 520200, 3798200; 519900, 3798200; 519900, 3798300; 519800, 
3798300; 519800, 3798400; 519700, 3798400; 519700, 3799000; 519800, 
3799000; 519800, 3799100; 519700, 3799100; 519700, 3799600; 519900, 
3799600; 519900, 3799900; 520100, 3799900; and 520100, 3800000.
    Subunit 1p: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 521900, 3799000; 522200, 3799000; 522200, 3798600; 521900, 
3798600; and 521900, 3799000.
    Subunit 1q: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 520100, 3797900; 520300, 3797900; 520300, 3797800; 520400, 
3797800; 520400, 3797600; 520300, 3797600; 520300, 3797000; 520200, 
3797000; 520200, 3796900; 519900, 3796900; 519900, 3797000; 519600, 
3797000; 519600, 3796900; 519500, 3796900; 519500, 3796800; 519400, 
3796800; 519400, 3796700; 519600, 3796700; 519600, 3796600; 519700, 
3796600; 519700, 3795900; 519800, 3795900; 519800, 3795800; 519900, 
3795800; 519900, 3795700; 520100, 3795700; 520100, 3795600; 520200, 
3795600; 520200, 3795500; 520300, 3795500; 520300, 3795400; 520400, 
3795400; 520400, 3795300; 520600, 3795300; 520600, 3795200; 520800, 
3795200; 520800, 3795100; 520900, 3795100; 520900, 3795000; 521000, 
3795000; 521000, 3794800; 521100, 3794800; 521100, 3794700; 521200, 
3794700; 521200, 3794600; 521300, 3794600; 521300, 3794400; 521600, 
3794400; 521600, 3794300; 521700, 3794300; 521700, 3793900; 521600, 
3793900; 521600, 3793800; 521200, 3793800; 521200, 3793900; 521100, 
3793900; 521100, 3794000; 521000, 3794000; 521000, 3794100; 520900, 
3794100; 520900, 3794200; 520800, 3794200; 520800, 3794300; 520700, 
3794300; 520700, 3794400; 520500, 3794400; 520500, 3794500; 520400, 
3794500; 520400, 3794600; 520300, 3794600; 520300, 3794700; 520200, 
3794700; 520200, 3794800; 520100, 3794800; 520100, 3794900; 520000, 
3794900; 520000, 3795000; 519900, 3795000; 519900, 3795100; 519800, 
3795100; 519800, 3795200; 519700, 3795200; 519700, 3795300; 519500, 
3795300; 519500, 3795400; 519400, 3795400; 519400, 3795300; 519300, 
3795300; 519300, 3795400; 519000, 3795400; 519000, 3795500; 518400, 
3795500; 518400, 3795600; 518300, 3795600; 518300, 3796000; 518400, 
3796000; 518400, 3796100; 518500, 3796100; 518500, 3796200; 518900, 
3796200; 518900, 3796300; 519000, 3796300; 519000, 3796500; 518900, 
3796500; 518900, 3796600; 518800, 3796600; 518800, 3796800; 518900, 
3796800; 518900, 3796900; 519000, 3796900; 519000, 3797000; 519100, 
3797000; 519100, 3797200; 519200, 3797200; 519200, 3797300; 519300, 
3797300; 519300, 3797400; 519700, 3797400; 519700, 3797600; 519800, 
3797600; 519800, 3797700; 519900, 3797700; 519900, 3797800; 520100, 
3797800; and 520100, 3797900.
    Subunit 1r: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 521900, 3793400; 522400, 3793400; 522400, 3793300; 522500, 
3793300; 522500, 3793200; 522600, 3793200; 522600, 3793100; 522700, 
3793100; 522700, 3793200; 523000, 3793200; 523000, 3793100; 523100, 
3793100; 523100, 3793000; 523200, 3793000; 523200, 3792800; 523100, 
3792800; 523100, 3792400; 522600, 3792400; 522600, 3792500; 522400, 
3792500; 522400, 3792600; 521900, 3792600; 521900, 3792700; 521700, 
3792700; 521700, 3793100; 521800, 3793100; 521800, 3793300; 521900, 
3793300; and 521900, 3793400.
    Subunit 1s: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 524100, 3792500; 524500, 3792500; 524500, 3792400; 524600, 
3792400; 524600, 3792300; 524800, 3792300; 524800, 3792200; 524900, 
3792200; 524900, 3791900; 524800, 3791900; 524800, 3791800; 524600, 
3791800; 524600, 3791900; 524300, 3791900; 524300, 3792000; 524100, 
3792000; and 524100, 3792500.
    (2) Astragalus albens Map follows.

[[Page 6605]]

[GRAPHIC] [TIFF OMITTED] TP12FE02.003

Family Polygonaceae: Eriogonum ovalifolium var. vineum (Cushenbury 
Buckwheat)
    (A) Critical habitat units are depicted for San Bernardino County, 
California, on the maps below.
    (B) The primary constituent elements of critical habitat for 
Eriogonum ovalifolium var. vineum are those habitat components that are 
essential for the primary biological needs of the species. Based on our 
current knowledge of this species, the primary constituent elements of 
critical habitat for this species are listed below and consist of, but 
are not limited to:
    (1) Soils derived primarily from the upper and middle members of 
the Bird Spring Formation and Bonanza King Formation parent materials 
that occur on hillsides at elevations between 1,400 and 2,400 m (4,600 
and 7,900 ft);
    (2) Soils with intact, natural surfaces that have not been 
substantially altered by land use activities (e.g., graded, excavated, 
re-contoured, or otherwise altered by ground-disturbing equipment); and
    (3) Associated plant communities that have areas with an open 
canopy cover (generally less than 15 percent cover) and little 
accumulation of organic material (e.g., leaf litter) on the surface of 
the soil.
    (C) Critical habitat does not include existing features and 
structures, such as buildings, mines that are active at the time of 
this rule's publication, paved or unpaved roads, other paved or cleared 
areas, lawns, and other urban landscaped areas that do not contain one 
or more of the primary constituent elements. Federal actions limited to 
those areas, therefore, would not trigger a section 7 consultation, 
unless they may affect the species and/or primary constituent elements 
in adjacent critical habitat.
    (D) Northeastern Slope Unit, San Bernardino County, California.
    (1) From USGS 1:24,000 quadrangle maps Fawnskin, Big Bear City, 
Rattlesnake Canyon, Butler Peak, and Onyx Peak, California.
    Subunit 1a: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 497000, 3803000; 497200, 3803000; 497200, 3802900; 497300, 
3802900; 497300, 3802500; 497000, 3802500; 497000, 3802600; 496900, 
3802600; 496900, 3802900; 497000, 3802900; and 497000, 3803000.
    Subunit 1b: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 498000, 3800800; 498600, 3800800; 498600, 3800400; 498200, 
3800400; 498200, 3800500; 498000, 3800500; and 498000, 3800800.
    Subunit 1c: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 503400, 3801200; 503700, 3801200; 503700, 3801100; 503900, 
3801100; 503900, 3800800; 504000, 3800800; 504000, 3800400; 503900, 
3800400; 503900, 3800300; 503700, 3800300; 503700, 3800400; 503400, 
3800400; 503400, 3800600; 503300, 3800600; 503300, 3800700; 503200, 
3800700; 503200, 3801000; 503300, 3801000; 503300, 3801100; 503400, 
3801100; and 503400, 3801200.
    Subunit 1d: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 505200, 3800400; 505500, 3800400; 505500, 3800300; 506000, 
3800300; 506000, 3800200; 506100, 3800200; 506100, 3799900; 506000, 
3799900; 506000, 3800000; 505700, 3800000; 505700, 3799900; 505600, 
3799900; 505600, 3799600; 505200,

[[Page 6606]]

3799600; 505200, 3800100; 505100, 3800100; 505100, 3800300; 505200, 
3800300; and 505200, 3800400.
    Subunit 1e: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 506800, 3799900; 507000, 3799900; 507000, 3799800; 507100, 
3799800; 507100, 3799600; 506900, 3799600; 506900, 3799200; 507200, 
3799200; 507200, 3799300; 507500, 3799300; 507500, 3799200; 507600, 
3799200; 507600, 3799000; 507500, 3799000; 507500, 3798900; 507400, 
3798900; 507400, 3798700; 507300, 3798700; 507300, 3798600; 506800, 
3798600; 506800, 3798800; 506200, 3798800; 506200, 3799200; 506500, 
3799200; 506500, 3799300; 506600, 3799300; 506600, 3799500; 506700, 
3799500; 506700, 3799800; 506800, 3799800; and 506800, 3799900.
    Subunit 1f: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 506800, 3798100; 507000, 3798100; 507000, 3798000; 507500, 
3798000; 507500, 3797700; 507600, 3797700; 507600, 3797400; 507500, 
3797400; 507500, 3797300; 507400, 3797300; 507400, 3797200; 507000, 
3797200; 507000, 3797300; 506800, 3797300; 506800, 3797600; 506700, 
3797600; 506700, 3798000; 506800, 3798000; and 506800, 3798100.
    Subunit 1g: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 508100, 3798200; 508300, 3798200; 508300, 3798100; 508400, 
3798100; 508400, 3797900; 508300, 3797900; 508300, 3797800; 508000, 
3797800; 508000, 3798100; 508100, 3798100; and 508100, 3798200.
    Subunit 1h: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 507900, 3797600; 508400, 3797600; 508400, 3797200; 508300, 
3797200; 508300, 3797100; 508200, 3797100; 508200, 3796800; 507800, 
3796800; 507800, 3797100; 507700, 3797100; 507700, 3797500; 507900, 
3797500; and 507900, 3797600.
    Subunit 1i: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 508400, 3797200; 508700, 3797200; 508700, 3796900; 508400, 
3796900; and 508400, 3797200.
    Subunit 1j: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 508300, 3800600; 508600, 3800600; 508600, 3800500; 508700, 
3800500; 508700, 3800200; 508600, 3800200; 508600, 3800100; 508100, 
3800100; 508100, 3800500; 508300, 3800500; and 508300, 3800600.
    Subunit 1k: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 508100, 3799800; 508500, 3799800; 508500, 3799400; 508400, 
3799400; 508400, 3799300; 508200, 3799300; 508200, 3799400; 508000, 
3799400; 508000, 3799700; 508100, 3799700; and 508100, 3799800.
    Subunit 1l: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 508700, 3799400; 509200, 3799400; 509200, 3799100; 509100, 
3799100; 509100, 3798900; 508700, 3798900; and 508700, 3799400.
    Subunit 1m: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 509400, 3800700; 509700, 3800700; 509700, 3800600; 509800, 
3800600; 509800, 3800500; 510300, 3800500; 510300, 3800400; 510400, 
3800400; 510400, 3800300; 510600, 3800300; 510600, 3800100; 510200, 
3800100; 510200, 3800300; 510100, 3800300; 510100, 3800400; 509900, 
3800400; 509900, 3800200; 509500, 3800200; 509500, 3800100; 509200, 
3800100; 509200, 3800300; 509100, 3800300; 509100, 3800500; 509200, 
3800500; 509200, 3800600; 509400, 3800600; and 509400, 3800700.
    Subunit 1n: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 510500, 3801200; 510700, 3801200; 510700, 3800900; 510500, 
3800900; 510500, 3800800; 510400, 3800800; 510400, 3800700; 510600, 
3800700; 510600, 3800600; 510300, 3800600; 510300, 3800700; 510200, 
3800700; 510200, 3800800; 510300, 3800800; 510300, 3801000; 510400, 
3801000; 510400, 3801100; 510500, 3801100; and 510500, 3801200.
    Subunit 1o: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 510900, 3800700; 511300, 3800700; 511300, 3800500; 510900, 
3800500; and 510900, 3800700.
    Subunit 1p: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 511900, 3801000; 512200, 3801000; 512200, 3800800; 512300, 
3800800; 512300, 3800700; 512500, 3800700; 512500, 3800600; 512700, 
3800600; 512700, 3800800; 513000, 3800800; 513000, 3800300; 512900, 
3800300; 512900, 3800100; 512800, 3800100; 512800, 3799900; 512900, 
3799900; 512900, 3799800; 513000, 3799800; 513000, 3799700; 513100, 
3799700; 513100, 3799500; 513000, 3799500; 513000, 3799400; 512700, 
3799400; 512700, 3799500; 512500, 3799500; 512500, 3799600; 512300, 
3799600; 512300, 3799700; 512200, 3799700; 512200, 3799800; 512100, 
3799800; 512100, 3799600; 512200, 3799600; 512200, 3799500; 512300, 
3799500; 512300, 3799200; 511800, 3799200; 511800, 3799500; 511700, 
3799500; 511700, 3799400; 511400, 3799400; 511400, 3799500; 511300, 
3799500; 511300, 3799600; 511200, 3799600; 511200, 3799700; 511100, 
3799700; 511100, 3799800; 511000, 3799800; 511000, 3800100; 511200, 
3800100; 511200, 3800000; 511300, 3800000; 511300, 3799900; 511700, 
3799900; 511700, 3799800; 511800, 3799800; 511800, 3799900; 512000, 
3799900; 512000, 3800100; 511900, 3800100; 511900, 3800500; 512000, 
3800500; 512000, 3800700; 511900, 3800700; and 511900, 3801000.
    Subunit 1q: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 513200, 3800300; 513500, 3800300; 513500, 3800200; 513900, 
3800200; 513900, 3800100; 514000, 3800100; 514000, 3800000; 514100, 
3800000; 514100, 3799900; 514200, 3799900; 514200, 3800000; 514600, 
3800000; 514600, 3799800; 514500, 3799800; 514500, 3799300; 514100, 
3799300; 514100, 3799600; 514000, 3799600; 514000, 3799400; 513700, 
3799400; 513700, 3799500; 513500, 3799500; 513500, 3799400; 513600, 
3799400; 513600, 3799300; 513900, 3799300; 513900, 3799200; 514000, 
3799200; 514000, 3798900; 513600, 3798900; 513600, 3798800; 513500, 
3798800; 513500, 3798700; 513300, 3798700; 513300, 3798800; 513200, 
3798800; 513200, 3799000; 513100, 3799000; 513100, 3799500; 513200, 
3799500; 513200, 3799800; 513400, 3799800; 513400, 3799900; 513100, 
3799900; 513100, 3800200; 513200, 3800200; and 513200, 3800300.
    Subunit 1r: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 514200, 3800800; 514500, 3800800; 514500, 3800500; 514200, 
3800500; and 514200, 3800800.
    Subunit 1s: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 515500, 3802100; 515900, 3802100; 515900, 3801900; 516000, 
3801900; 516000, 3801800; 516100, 3801800; 516100, 3801600; 516000, 
3801600; 516000, 3801500; 516500, 3801500; 516500, 3801200; 516400, 
3801200; 516400, 3801100; 516200, 3801100; 516200, 3800900; 516100, 
3800900; 516100, 3800800; 516000, 3800800; 516000, 3800700; 515800, 
3800700; 515800, 3800600; 516200, 3800600; 516200, 3800700; 516500, 
3800700; 516500, 3799800; 516400, 3799800; 516400, 3799700; 516300, 
3799700; 516300, 3799800; 516100, 3799800; 516100, 3799900; 515800, 
3799900; 515800, 3799800; 515600, 3799800; 515600, 3799700; 515300, 
3799700; 515300, 3799800; 515000, 3799800; 515000, 3799900; 514900, 
3799900; 514900, 3800100; 515000, 3800100; 515000, 3800200; 515300, 
3800200; 515300, 3800100; 515400, 3800100; 515400, 3800200; 515500, 
3800200; 515500, 3800300; 515600, 3800300; 515600, 3800200; 515800, 
3800200; 515800, 3800300; 515700, 3800300; 515700, 3800600; 515600,

[[Page 6607]]

3800600; 515600, 3800800; 515100, 3800800; 515100, 3800700; 515200, 
3800700; 515200, 3800400; 515100, 3800400; 515100, 3800300; 514700, 
3800300; 514700, 3800400; 514600, 3800400; 514600, 3800800; 514500, 
3800800; 514500, 3800900; 514400, 3800900; 514400, 3801100; 514500, 
3801100; 514500, 3801200; 514600, 3801200; 514600, 3801300; 514800, 
3801300; 514800, 3801400; 515200, 3801400; 515200, 3801300; 515700, 
3801300; 515700, 3801500; 515600, 3801500; 515600, 3801600; 515500, 
3801600; 515500, 3801700; 515400, 3801700; 515400, 3802000; 515500, 
3802000; and 515500, 3802100.
    Subunit 1t: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 514800, 3799600; 515000, 3799600; 515000, 3799500; 515100, 
3799500; 515100, 3799200; 515000, 3799200; 515000, 3799100; 514800, 
3799100; 514800, 3799200; 514700, 3799200; 514700, 3799300; 514600, 
3799300; 514600, 3799400; 514700, 3799400; 514700, 3799500; 514800, 
3799500; and 514800, 3799600.
    Subunit 1u: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 516700, 3799700; 516900, 3799700; 516900, 3799600; 517100, 
3799600; 517100, 3799500; 517200, 3799500; 517200, 3799000; 517300, 
3799000; 517300, 3798700; 516800, 3798700; 516800, 3798600; 516400, 
3798600; 516400, 3798700; 516300, 3798700; 516300, 3798600; 516100, 
3798600; 516100, 3798700; 516000, 3798700; 516000, 3798800; 515900, 
3798800; 515900, 3798900; 515700, 3798900; 515700, 3799000; 515400, 
3799000; 515400, 3799100; 515300, 3799100; 515300, 3799500; 516000, 
3799500; 516000, 3799400; 516300, 3799400; 516300, 3799300; 516400, 
3799300; 516400, 3799600; 516700, 3799600; and 516700, 3799700.
    Subunit 1v: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 516700, 3800500; 517100, 3800500; 517100, 3800300; 517200, 
3800300; 517200, 3800000; 517100, 3800000; 517100, 3799900; 516700, 
3799900; 516700, 3800000; 516600, 3800000; 516600, 3800400; 516700, 
3800400; and 516700, 3800500.
    Subunit 1w: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 518600, 3799900; 519100, 3799900; 519100, 3799600; 519000, 
3799600; 519000, 3799500; 518700, 3799500; 518700, 3799400; 518500, 
3799400; 518500, 3799200; 518400, 3799200; 518400, 3799100; 518300, 
3799100; 518300, 3799000; 518200, 3799000; 518200, 3799100; 517900, 
3799100; 517900, 3798900; 517800, 3798900; 517800, 3798800; 517600, 
3798800; 517600, 3798900; 517500, 3798900; 517500, 3799000; 517400, 
3799000; 517400, 3799300; 517300, 3799300; 517300, 3799700; 517500, 
3799700; 517500, 3799800; 518100, 3799800; 518100, 3799700; 518400, 
3799700; 518400, 3799800; 518600, 3799800; and 518600, 3799900.
    Subunit 1x: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 515400, 3797400; 515800, 3797400; 515800, 3797300; 516300, 
3797300; 516300, 3797200; 516400, 3797200; 516400, 3796900; 515500, 
3796900; 515500, 3797000; 515400, 3797000; and 515400, 3797400.
    Subunit 1y: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 519100, 3797200; 519400, 3797200; 519400, 3797100; 519500, 
3797100; 519500, 3796900; 519700, 3796900; 519700, 3796000; 519600, 
3796000; 519600, 3795900; 519500, 3795900; 519500, 3795700; 519100, 
3795700; 519100, 3796100; 519000, 3796100; 519000, 3796300; 518900, 
3796300; 518900, 3796600; 518800, 3796600; 518800, 3796800; 518900, 
3796800; 518900, 3797000; 519000, 3797000; 519000, 3797100; 519100, 
3797100; and 519100, 3797200.
    Subunit 1z: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 519600, 3797600; 519800, 3797600; 519800, 3797500; 520300, 
3797500; 520300, 3797100; 520200, 3797100; 520200, 3797000; 519800, 
3797000; 519800, 3797100; 519700, 3797100; 519700, 3797200; 519500, 
3797200; 519500, 3797500; 519600, 3797500; and 519600, 3797600.
    Subunit 1aa: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 519700, 3800600; 520200, 3800600; 520200, 3800200; 520100, 
3800200; 520100, 3800100; 519700, 3800100; and 519700, 3800600.
    Subunit 1ab: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 520000, 3800000; 520700, 3800000; 520700, 3799900; 520800, 
3799900; 520800, 3799500; 520400, 3799500; 520400, 3799600; 519900, 
3799600; 519900, 3799900; 520000, 3799900; and 520000, 3800000.
    Subunit 1ac: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 521000, 3800000; 521500, 3800000; 521500, 3799700; 521400, 
3799700; 521400, 3799500; 520900, 3799500; 520900, 3799800; 521000, 
3799800; and 521000, 3800000.
    Subunit 1ad: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 520000, 3799400; 520500, 3799400; 520500, 3799300; 520600, 
3799300; 520600, 3799100; 520300, 3799100; 520300, 3799200; 520200, 
3799200; 520200, 3799100; 520000, 3799100; 520000, 3799000; 520200, 
3799000; 520200, 3798800; 520100, 3798800; 520100, 3798700; 519700, 
3798700; 519700, 3799100; 519900, 3799100; 519900, 3799300; 520000, 
3799300; and 520000, 3799400.
    Subunit 1ae: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 521400, 3799000; 522000, 3799000; 522000, 3798600; 521600, 
3798600; 521600, 3798500; 521500, 3798500; 521500, 3798400; 521300, 
3798400; 521300, 3798300; 521200, 3798300; 521200, 3798200; 520900, 
3798200; 520900, 3798300; 520700, 3798300; 520700, 3798000; 520300, 
3798000; 520300, 3798300; 520400, 3798300; 520400, 3798400; 520600, 
3798400; 520600, 3798500; 520400, 3798500; 520400, 3798700; 520500, 
3798700; 520500, 3798800; 520700, 3798800; 520700, 3798700; 520800, 
3798700; 520800, 3798800; 521100, 3798800; 521100, 3798700; 521400, 
3798700; 521400, 3798800; 521300, 3798800; 521300, 3798900; 521400, 
3798900; and 521400, 3799000.
    Subunit 1af: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 519800, 3794600; 520100, 3794600; 520100, 3794200; 519800, 
3794200; and 519800, 3794600.
    Subunit 1ag: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 520400, 3794200; 521100, 3794200; 521100, 3793900; 521000, 
3793900; 521000, 3793800; 520700, 3793800; 520700, 3793700; 520400, 
3793700; 520400, 3793800; 520300, 3793800; 520300, 3793700; 520000, 
3793700; 520000, 3793800; 519900, 3793800; 519900, 3794000; 520000, 
3794000; 520000, 3794100; 520400, 3794100; and 520400, 3794200.
    Subunit 1ah: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 521600, 3794700; 521800, 3794700; 521800, 3794600; 521900, 
3794600; 521900, 3794300; 521800, 3794300; 521800, 3794200; 521400, 
3794200; 521400, 3794500; 521500, 3794500; 521500, 3794600; 521600, 
3794600; and 521600, 3794700.
    Subunit 1ai: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 521300, 3793300; 521700, 3793300; 521700, 3793200; 521800, 
3793200; 521800, 3793000; 521900, 3793000; 521900, 3793100; 522400, 
3793100; 522400, 3793000; 522600, 3793000; 522600, 3792900; 522800, 
3792900; 522800, 3792800; 523000, 3792800; 523000, 3792500; 523100, 
3792500; 523100, 3792400; 523400, 3792400; 523400, 3792300; 523500, 
3792300; 523500, 3791900; 523400, 3791900; 523400, 3791800; 523200, 
3791800; 523200, 3791900; 523100, 3791900; 523100, 3792000; 522800,

[[Page 6608]]

3792000; 522800, 3792100; 522700, 3792100; 522700, 3792200; 522400, 
3792200; 522400, 3792300; 522200, 3792300; 522200, 3792400; 522000, 
3792400; 522000, 3792600; 521900, 3792600; 521900, 3792500; 521800, 
3792500; 521800, 3792600; 521700, 3792600; 521700, 3792700; 521400, 
3792700; 521400, 3792900; 521200, 3792900; 521200, 3793200; 521300, 
3793200; and 521300, 3793300.
    Subunit 1aj: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 524100, 3792500; 524300, 3792500; 524300, 3792400; 524500, 
3792400; 524500, 3792300; 524700, 3792300; 524700, 3792200; 524800, 
3792200; 524800, 3792100; 524900, 3792100; 524900, 3792200; 525300, 
3792200; 525300, 3792100; 525400, 3792100; 525400, 3791800; 525300, 
3791800; 525300, 3791600; 525500, 3791600; 525500, 3791500; 525600, 
3791500; 525600, 3791300; 525700, 3791300; 525700, 3791200; 525800, 
3791200; 525800, 3791500; 526200, 3791500; 526200, 3791300; 526300, 
3791300; 526300, 3791200; 526500, 3791200; 526500, 3791100; 526700, 
3791100; 526700, 3791000; 526800, 3791000; 526800, 3791100; 527100, 
3791100; 527100, 3791000; 527200, 3791000; 527200, 3790900; 527400, 
3790900; 527400, 3790600; 527500, 3790600; 527500, 3790100; 527000, 
3790100; 527000, 3790200; 526900, 3790200; 526900, 3790400; 526600, 
3790400; 526600, 3790500; 526500, 3790500; 526500, 3790200; 526400, 
3790200; 526400, 3790100; 526300, 3790100; 526300, 3790000; 526000, 
3790000; 526000, 3790500; 525700, 3790500; 525700, 3790400; 525600, 
3790400; 525600, 3790500; 525500, 3790500; 525500, 3790600; 525400, 
3790600; 525400, 3790700; 525300, 3790700; 525300, 3791000; 525100, 
3791000; 525100, 3791200; 524800, 3791200; 524800, 3791300; 524700, 
3791300; 524700, 3791200; 524300, 3791200; 524300, 3791300; 524200, 
3791300; 524200, 3791400; 524000, 3791400; 524000, 3791500; 523800, 
3791500; 523800, 3791900; 524200, 3791900; 524200, 3792100; 524000, 
3792100; 524000, 3792400; 524100, 3792400; and 524100, 3792500; 
excluding land bounded by 525900, 3791100; 525900, 3790900; 526000, 
3790900; 526000, 3791100; and 525900, 3791100.
    Subunit 1ak: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 527600, 3790400; 527900, 3790400; 527900, 3790300; 528000, 
3790300; 528000, 3790100; 527900, 3790100; 527900, 3790000; 527600, 
3790000; and 527600, 3790400.
    Subunit 1al: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 527900, 3789600; 528200, 3789600; 528200, 3789300; 527800, 
3789300; 527800, 3789500; 527900, 3789500; and 527900, 3789600.
    Subunit 1am: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 526900, 3789400; 527100, 3789400; 527100, 3789300; 527200, 
3789300; 527200, 3789100; 527400, 3789100; 527400, 3789200; 527700, 
3789200; 527700, 3789100; 527800, 3789100; 527800, 3789000; 528000, 
3789000; 528000, 3789100; 528400, 3789100; 528400, 3789000; 528500, 
3789000; 528500, 3788900; 528600, 3788900; 528600, 3788700; 528700, 
3788700; 528700, 3788600; 528800, 3788600; 528800, 3788400; 528900, 
3788400; 528900, 3788300; 529000, 3788300; 529000, 3788100; 528900, 
3788100; 528900, 3788000; 528700, 3788000; 528700, 3788100; 528100, 
3788100; 528100, 3788300; 527900, 3788300; 527900, 3788400; 527800, 
3788400; 527800, 3788500; 527700, 3788500; 527700, 3788600; 527600, 
3788600; 527600, 3788500; 527200, 3788500; 527200, 3788700; 527100, 
3788700; 527100, 3788600; 526800, 3788600; 526800, 3788700; 526600, 
3788700; 526600, 3788900; 526700, 3788900; 526700, 3789000; 526900, 
3789000; and 526900, 3789400.
    Subunit 1an: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 529200, 3788100; 529500, 3788100; 529500, 3787700; 529400, 
3787700; 529400, 3787600; 529100, 3787600; 529100, 3788000; 529200, 
3788000; and 529200, 3788100.
    Subunit 1ao: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 530200, 3788000; 531100, 3788000; 531100, 3787600; 530800, 
3787600; 530800, 3787500; 530900, 3787500; 530900, 3787200; 530200, 
3787200; 530200, 3787300; 530100, 3787300; 530100, 3787500; 530200, 
3787500; and 530200, 3788000.
    Subunit 1ap: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 527700, 3786500; 528000, 3786500; 528000, 3786400; 528100, 
3786400; 528100, 3786200; 528200, 3786200; 528200, 3785900; 528100, 
3785900; 528100, 3785800; 527800, 3785800; 527800, 3785900; 527700, 
3785900; 527700, 3786100; 527600, 3786100; 527600, 3786300; 527700, 
3786300; and 527700, 3786500.
    (D) Bertha Ridge Unit, San Bernardino County, California.
    (1) From USGS 1:24,000 quadrangle maps Fawnskin and Big Bear City, 
California, land bounded by the following UTM11 NAD27 coordinates (E, 
N): 512000, 3793000; 512700, 3793000; 512700, 3792900; 512900, 3792900; 
512900, 3792700; 513400, 3792700; 513400, 3792400; 513300, 3792400; 
513300, 3792300; 513100, 3792300; 513100, 3792400; 513000, 3792400; 
513000, 3792500; 512900, 3792500; 512900, 3792600; 512800, 3792600; 
512800, 3792500; 512400, 3792500; 512400, 3792300; 512300, 3792300; 
512300, 3791900; 512200, 3791900; 512200, 3791800; 512000, 3791800; 
512000, 3791600; 511900, 3791600; 511900, 3791400; 511500, 3791400; 
511500, 3791800; 511600, 3791800; 511600, 3792000; 511500, 3792000; 
511500, 3792100; 511400, 3792100; 511400, 3792500; 511500, 3792500; 
511500, 3792600; 511600, 3792600; 511600, 3792700; 511800, 3792700; 
511800, 3792900; 512000, 3792900; and 512000, 3793000.
    (2) Eriogonum ovalifolium var. vineum Map follows.

[[Page 6609]]

[GRAPHIC] [TIFF OMITTED] TP12FE02.004

Family Polygonaceae: Oxytheca parishii var. goodmaniana (Cushenbury 
Oxytheca)
    (A) Critical habitat units are depicted for San Bernardino County, 
California, on the maps below.
    (B) The primary constituent elements of critical habitat for 
Oxytheca parishii var. goodmaniana are those habitat components that 
are essential for the primary biological needs of the species. Based on 
our current knowledge of this species, the primary constituent elements 
of critical habitat for this species are listed below and consist of, 
but are not limited to:
    (1) Soils derived primarily from upslope limestone, a mixture of 
limestone and dolomite, or limestone talus substrates with parent 
materials that include Bird Spring Formation, Bonanza King Formation, 
middle and lower members of the Monte Cristo Limestone, and the Crystal 
Pass member of the Sultan Limestone Formation at elevations between 
1,440 and 2,372 m (4,724 and 7,782 ft);
    (2) Soils with intact, natural surfaces that have not been 
substantially altered by land use activities (e.g., graded, excavated, 
re-contoured, or otherwise altered by ground-disturbing equipment); and
    (3) Associated plant communities that have areas with an moderately 
open canopy cover (generally between 25 and 53 percent (Neel 2000)).
    (C) Critical habitat does not include existing features and 
structures, such as buildings, mines that are active at the time of 
this rule's publication, paved or unpaved roads, other paved or cleared 
areas, lawns, and other urban landscaped areas that do not contain one 
or more of the primary constituent elements. Federal actions limited to 
those areas, therefore, would not trigger a section 7 consultation, 
unless they may affect the species and/or primary constituent elements 
in adjacent critical habitat.
    (D) Northeastern Slope Unit, San Bernardino County, California.
    (1) From USGS 1:24,000 quadrangle maps Butler Peak, Fawnskin, Big 
Bear City, Rattlesnake Canyon, and Onyx Peak, California.
    Subunit 1a: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 498200, 3801600; 498500, 3801600; 498500, 3801500; 498600, 
3801500; 498600, 3801200; 498300, 3801200; 498300, 3801300; 498200, 
3801300; and 498200, 3801600.
    Subunit 1b: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 498800, 3801200; 499400, 3801200; 499400, 3800900; 499500, 
3800900; 499500, 3800800; 499600, 3800800; 499600, 3800600; 499500, 
3800600; 499500, 3800500; 499400, 3800500; 499400, 3800400; 499100, 
3800400; 499100, 3800300; 499000, 3800300; 499000, 3800000; 498900, 
3800000; 498900, 3799900; 498700, 3799900; 498700, 3799600; 498300, 
3799600; 498300, 3800000; 498400, 3800000; 498400, 3800100; 498600, 
3800100; 498600, 3800300; 498500, 3800300; 498500, 3800400; 498200, 
3800400; 498200, 3800500; 498000, 3800500; 498000, 3800800; 498400, 
3800800; 498400, 3800900; 498700, 3800900; 498700, 3801100; 498800, 
3801100; and 498800, 3801200.
    Subunit 1c: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 500200, 3799900; 500600, 3799900; 500600, 3799800; 500700, 
3799800; 500700, 3799600; 500600,

[[Page 6610]]

3799600; 500600, 3799500; 500300, 3799500; 500300, 3799600; 500200, 
3799600; and 500200, 3799900.
    Subunit 1d: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 502800, 3797400; 503400, 3797400; 503400, 3797200; 503500, 
3797200; 503500, 3797000; 503400, 3797000; 503400, 3796900; 502900, 
3796900; 502900, 3797000; 502800, 3797000; and 502800, 3797400.
    Subunit 1e: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 503600, 3799300; 504000, 3799300; 504000, 3798600; 504300, 
3798600; 504300, 3798500; 504400, 3798500; 504400, 3798400; 505300, 
3798400; 505300, 3798300; 505500, 3798300; 505500, 3798000; 505300, 
3798000; 505300, 3797700; 505100, 3797700; 505100, 3797800; 505000, 
3797800; 505000, 3798000; 504500, 3798000; 504500, 3797900; 504300, 
3797900; 504300, 3798000; 504000, 3798000; 504000, 3798100; 503900, 
3798100; 503900, 3798300; 503800, 3798300; 503800, 3798100; 503500, 
3798100; 503500, 3798000; 503100, 3798000; 503100, 3798400; 503200, 
3798400; 503200, 3798500; 503700, 3798500; 503700, 3798600; 503600, 
3798600; and 503600, 3799300.
    Subunit 1f: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 506700, 3799500; 506900, 3799500; 506900, 3799200; 507200, 
3799200; 507200, 3799300; 507500, 3799300; 507500, 3799200; 507600, 
3799200; 507600, 3799000; 507500, 3799000; 507500, 3798900; 507400, 
3798900; 507400, 3798800; 506900, 3798800; 506900, 3798900; 506700, 
3798900; 506700, 3798800; 506000, 3798800; 506000, 3799200; 506600, 
3799200; 506600, 3799400; 506700, 3799400; and 506700, 3799500.
    Subunit 1g: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 506800, 3798100; 507300, 3798100; 507300, 3797800; 507400, 
3797800; 507400, 3797700; 507600, 3797700; 507600, 3797600; 507900, 
3797600; 507900, 3797500; 508000, 3797500; 508000, 3797400; 508100, 
3797400; 508100, 3797200; 508200, 3797200; 508200, 3797000; 508300, 
3797000; 508300, 3796700; 508400, 3796700; 508400, 3796600; 508500, 
3796600; 508500, 3796200; 508200, 3796200; 508200, 3796100; 507700, 
3796100; 507700, 3796500; 507800, 3796500; 507800, 3796600; 507900, 
3796600; 507900, 3796700; 507800, 3796700; 507800, 3796800; 507700, 
3796800; 507700, 3797000; 507600, 3797000; 507600, 3797400; 507500, 
3797400; 507500, 3797300; 507400, 3797300; 507400, 3797200; 507000, 
3797200; 507000, 3797300; 506900, 3797300; 506900, 3797400; 506800, 
3797400; 506800, 3797600; 506700, 3797600; 506700, 3798000; 506800, 
3798000; and 506800, 3798100.
    Subunit 1h: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 508800, 3799300; 509000, 3799300; 509000, 3799200; 509100, 
3799200; 509100, 3798800; 509000, 3798800; 509000, 3798700; 508800, 
3798700; 508800, 3798800; 508700, 3798800; 508700, 3799100; 508800, 
3799100; and 508800, 3799300.
    Subunit 1i: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 509300, 3801000; 509600, 3801000; 509600, 3800800; 509700, 
3800800; 509700, 3800700; 509800, 3800700; 509800, 3800500; 510100, 
3800500; 510100, 3800400; 510300, 3800400; 510300, 3800300; 510500, 
3800300; 510500, 3800000; 509900, 3800000; 509900, 3800100; 509500, 
3800100; 509500, 3800400; 509600, 3800400; 509600, 3800500; 509500, 
3800500; 509500, 3800600; 509400, 3800600; 509400, 3800800; 509300, 
3800800; and 509300, 3801000.
    Subunit 1j: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 511000, 3800100; 511200, 3800100; 511200, 3800000; 511300, 
3800000; 511300, 3799900; 511500, 3799900; 511500, 3799800; 511600, 
3799800; 511600, 3799600; 511500, 3799600; 511500, 3799500; 511300, 
3799500; 511300, 3799600; 511200, 3799600; 511200, 3799800; 511100, 
3799800; 511100, 3799900; 511000, 3799900; and 511000, 3800100.
    Subunit 1k: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 512300, 3800600; 512600, 3800600; 512600, 3800500; 512700, 
3800500; 512700, 3800100; 512600, 3800100; 512600, 3799900; 512700, 
3799900; 512700, 3799600; 512300, 3799600; 512300, 3799700; 512100, 
3799700; 512100, 3799600; 511700, 3799600; 511700, 3799800; 511900, 
3799800; 511900, 3799900; 512000, 3799900; 512000, 3799800; 512100, 
3799800; 512100, 3800000; 511900, 3800000; 511900, 3800100; 511800, 
3800100; 511800, 3800500; 512300, 3800500; and 512300, 3800600.
    Subunit 1l: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 513300, 3799300; 513600, 3799300; 513600, 3799200; 513700, 
3799200; 513700, 3798900; 513600, 3798900; 513600, 3798800; 513400, 
3798800; 513400, 3798900; 513200, 3798900; 513200, 3799200; 513300, 
3799200; and 513300, 3799300.
    Subunit 1m: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 513300, 3800400; 513500, 3800400; 513500, 3800200; 513700, 
3800200; 513700, 3800100; 513800, 3800100; 513800, 3800000; 514000, 
3800000; 514000, 3799900; 514100, 3799900; 514100, 3799700; 513800, 
3799700; 513800, 3799800; 513700, 3799800; 513700, 3799900; 513300, 
3799900; 513300, 3800000; 513200, 3800000; 513200, 3800300; 513300, 
3800300; and 513300, 3800400.
    Subunit 1n: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 514200, 3800800; 514400, 3800800; 514400, 3800700; 514500, 
3800700; 514500, 3800500; 514200, 3800500; and 514200, 3800800.
    Subunit 1o: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 514800, 3801300; 515000, 3801300; 515000, 3801200; 515100, 
3801200; 515100, 3801000; 515000, 3801000; 515000, 3800900; 514700, 
3800900; 514700, 3801200; 514800, 3801200; and 514800, 3801300.
    Subunit 1p: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 514600, 3799700; 514900, 3799700; 514900, 3799400; 514600, 
3799400; and 514600, 3799700.
    Subunit 1q: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 515900, 3802200; 516200, 3802200; 516200, 3801900; 516100, 
3801900; 516100, 3801800; 515900, 3801800; 515900, 3801900; 515800, 
3801900; 515800, 3802100; 515900, 3802100; and 515900, 3802200.
    Subunit 1r: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 516100, 3801400; 516400, 3801400; 516400, 3801000; 516100, 
3801000; 516100, 3801100; 516000, 3801100; 516000, 3801300; 516100, 
3801300; and 516100, 3801400.
    Subunit 1s: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 515300, 3800400; 515600, 3800400; 515600, 3800300; 515700, 
3800300; 515700, 3799800; 515600, 3799800; 515600, 3799700; 515300, 
3799700; and 515300, 3800400.
    Subunit 1t: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 515700, 3800600; 516100, 3800600; 516100, 3800500; 516400, 
3800500; 516400, 3800400; 516500, 3800400; 516500, 3799800; 516400, 
3799800; 516400, 3799700; 516300, 3799700; 516300, 3799800; 516100, 
3799800; 516100, 3800000; 516000, 3800000; 516000, 3800100; 515800, 
3800100; 515800, 3800300; 515700, 3800300; and 515700, 3800600.
    Subunit 1u: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 516800, 3800400; 517100, 3800400; 517100, 3800300; 517200, 
3800300; 517200, 3800000; 516800, 3800000; and 516800, 3800400.

[[Page 6611]]

    Subunit 1v: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 515500, 3799600; 515900, 3799600; 515900, 3799500; 516000, 
3799500; 516000, 3799400; 516400, 3799400; 516400, 3799300; 516500, 
3799300; 516500, 3799100; 516700, 3799100; 516700, 3799200; 516600, 
3799200; 516600, 3799400; 516700, 3799400; 516700, 3799500; 517000, 
3799500; 517000, 3799300; 517100, 3799300; 517100, 3799100; 517200, 
3799100; 517200, 3798700; 516500, 3798700; 516500, 3798800; 516300, 
3798800; 516300, 3798900; 516200, 3798900; 516200, 3799000; 516100, 
3799000; 516100, 3799100; 515900, 3799100; 515900, 3799000; 515700, 
3799000; 515700, 3798900; 515400, 3798900; 515400, 3799000; 515300, 
3799000; 515300, 3799300; 515400, 3799300; 515400, 3799500; 515500, 
3799500; and 515500, 3799600.
    Subunit 1w: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 517500, 3799800; 518000, 3799800; 518000, 3799700; 518300, 
3799700; 518300, 3799800; 518600, 3799800; 518600, 3799700; 518800, 
3799700; 518800, 3799400; 518600, 3799400; 518600, 3799300; 518700, 
3799300; 518700, 3798900; 518300, 3798900; 518300, 3799000; 518200, 
3799000; 518200, 3799100; 517900, 3799100; 517900, 3798800; 517800, 
3798800; 517800, 3798700; 517500, 3798700; 517500, 3799000; 517400, 
3799000; 517400, 3799300; 517500, 3799300; and 517500, 3799800.
    Subunit 1x: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 520900, 3798700; 521200, 3798700; 521200, 3798600; 521300, 
3798600; 521300, 3798300; 521200, 3798300; 521200, 3798100; 520800, 
3798100; 520800, 3798200; 520700, 3798200; 520700, 3798600; 520900, 
3798600; and 520900, 3798700.
    Subunit 1y: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 526700, 3791000; 527000, 3791000; 527000, 3790900; 527300, 
3790900; 527300, 3790800; 527400, 3790800; 527400, 3790600; 527000, 
3790600; 527000, 3790400; 526600, 3790400; 526600, 3790700; 526700, 
3790700; and 526700, 3791000.
    Subunit 1z: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 527800, 3790700; 528200, 3790700; 528200, 3790300; 528000, 
3790300; 528000, 3790200; 527800, 3790200; 527800, 3790300; 527700, 
3790300; 527700, 3790600; 527800, 3790600; and 527800, 3790700.
    Subunit 1aa: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 527800, 3789600; 528200, 3789600; 528200, 3789200; 527700, 
3789200; 527700, 3789500; 527800, 3789500; and 527800, 3789600.
    Subunit 1ab: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 528400, 3790100; 528600, 3790100; 528600, 3790000; 528800, 
3790000; 528800, 3789600; 528400, 3789600; 528400, 3789700; 528300, 
3789700; 528300, 3790000; 528400, 3790000; and 528400, 3790100.
    Subunit 1ac: land bounded by the following UTM11 NAD27 coordinates 
(E, N): 530300, 3788100; 530500, 3788100; 530500, 3788000; 530600, 
3788000; 530600, 3787400; 530300, 3787400; 530300, 3787600; 530200, 
3787600; 530200, 3788000; 530300, 3788000; and 530300, 3788100.
    (2) Oxytheca parishii var. goodmaniana Map follows.
    [GRAPHIC] [TIFF OMITTED] TP12FE02.005
    

[[Page 6612]]


* * * * *

    Dated: January 29, 2002.
Joseph E. Doddridge,
Acting Assistanct Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-2761 Filed 2-11-02; 8:45 am]
BILLING CODE 4310-55-P