[Federal Register Volume 69, Number 108 (Friday, June 4, 2004)]
[Proposed Rules]
[Pages 31569-31582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12657]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AJ10


Endangered and Threatened Wildlife and Plants; Proposed 
Designation of Critical Habitat for Allium munzii (Munz's onion)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
designate critical habitat for the federally endangered Allium munzii 
(Munz's onion) pursuant to the Endangered Species Act of 1973, as 
amended (Act). We propose to designate 227 acres (ac) (92 hectares 
(ha)) of critical habitat of Federal land in western Riverside County, 
California. We excluded 1,068 ac (433 ha) from proposed critical 
habitat within approved habitat conservation plans (HCPs) and the draft 
Western Riverside Multiple Species HCP (MSHCP), Riverside County, 
California.
    We hereby 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 this proposal prior to final designation to 
incorporate or address new information received during public comment 
periods.

DATES: We will accept comments until August 3, 2004. Public hearing 
requests must be received by July 19, 2004.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one 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, 6010 Hidden Valley Road, Carlsbad, CA 92009.
    2. You may hand-deliver written comments and information to our 
Carlsbad Fish and Wildlife Office, at the above address, or fax your 
comments to 760/731-9618.
    3. You may send your comments by electronic mail (e-mail) to 
[email protected]. For directions on how to submit electronic 
filing of comments, see the ``Public Comments Solicited'' section.
    All comments and materials received, as well as supporting 
documentation used in preparation of this proposed rule, will be 
available for public inspection, by appointment, during normal business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: Field Supervisor, Carlsbad Fish and 
Wildlife Office (telephone 760/431-9440; facsimile 760/431-9618).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    It is our intent that any final action resulting from this proposal 
will be as accurate 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. Maps of essential habitat not included 
in the proposed critical habitat are available for viewing by 
appointment during regular business hours at the Carlsbad Fish and 
Wildlife Office (see ADDRESSES section) or on the Internet at http://carlsbad.fws.gov. On the basis of public comment, during the 
development of the final rule we may find that areas proposed are not 
essential, are appropriate for exclusion under section 4(b)(2), or not 
appropriate for exclusion, and in all of these cases, this information 
would be incorporated into the final designation. We particularly seek 
comments concerning:
    (1) The reasons why any areas 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 the 
species resulting from the designation;
    (2) Specific information on the amount and distribution of Allium 
munzii and its habitat, and which habitat or habitat components are 
essential to the conservation of this species and why;
    (3) Land use designations and current or planned activities in or 
adjacent to the areas proposed and their possible impacts on proposed 
critical habitat;
    (4) Any foreseeable economic or other potential impacts resulting 
from the proposed designation, in particular, any impacts on small 
entities;
    (5) Most of the lands we have identified as essential for the 
conservation of Allium munzii are proposed for exclusion as critical 
habitat. Eighteen of 19 known occurrences of this species have been 
proposed for exclusion from this proposed designation of critical 
habitat because they are within approved HCPs or the draft Western 
Riverside MSHCP. These areas are proposed for exclusion from critical 
habitat because we believe the value of excluding these areas outweighs 
the value of including them. We specifically solicit comment on the 
inclusion or exclusion of such areas and: (a) Whether these areas are 
essential; (b) whether these areas warrant exclusion; and (c) the basis 
for excluding these areas as critical habitat (section 4(b)(2) of the 
Act); and
    (6) Whether our approach to designate critical habitat could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concerns and comments.
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods. Please submit 
electronic comments in ASCII file format and avoid the use of special 
characters or any form of encryption. Please also include ``Attn: RIN 
1018-AJ10'' in your e-mail subject header and your name and return 
address in the body of your message. If you do not receive a 
confirmation from the system that we have received your internet 
message, contact us directly by calling our Carlsbad Fish and Wildlife 
Office at phone number 760-431-9440. Please note that the e-mail 
address, [email protected], will be closed out at the termination 
of the public comment period.
    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 addresses from the rulemaking record, which we will honor to 
the extent allowable by law. There also may be circumstances in which 
we would withhold from the rulemaking record a respondent's identity, 
as allowable by law. If you wish us to withhold your name and/or 
address, you must state this prominently at the beginning of your 
comment. However, we will not consider anonymous comments. 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.

[[Page 31570]]

Preamble

Designation Of Critical Habitat Provides Little Additional Protection 
to Species

    In 30 years of implementing the ESA, the Service has found that the 
designation of statutory critical habitat provides little additional 
protection to most listed species, while consuming significant amounts 
of conservation resources. The Service's present system for designating 
critical habitat is driven by litigation rather than biology, limits 
our ability to fully evaluate the science involved, consumes enormous 
agency resources, and imposes huge social and economic costs. The 
Service believes that additional agency discretion would allow our 
focus to return to those actions that provide the greatest benefit to 
the species most in need of protection.

Role of Critical Habitat in Actual Practice of Administering and 
Implementing the Act

    While attention to and protection of habitat is paramount to 
successful conservation actions, we have consistently found that, in 
most circumstances, the designation of critical habitat is of little 
additional value for most listed species, yet it consumes large amounts 
of conservation resources. Sidle (1987) stated, ``Because the ESA can 
protect species with and without critical habitat designation, critical 
habitat designation may be redundant to the other consultation 
requirements of section 7.''
    Currently, only 445 species, or 36 percent, of the 1,244 listed 
species in the U.S. under the jurisdiction of the Service have 
designated critical habitat. We address the habitat needs of all 1,244 
listed species through conservation mechanisms such as listing, section 
7 consultations, the section 4 recovery planning process, the section 9 
protective prohibitions of unauthorized take, section 6 funding to the 
States, and the section 10 incidental take permit process. The Service 
believes that it is these measures that may make the difference between 
extinction and survival for many species.

Procedural and Resource Difficulties in Designating Critical Habitat

    We have been inundated with lawsuits regarding critical habitat 
designation, and we face a growing number of lawsuits challenging 
critical habitat determinations once they are made. These lawsuits have 
subjected the Service to an ever-increasing series of court orders and 
court-approved settlement agreements, compliance with which now 
consumes nearly the entire listing program budget. This leaves the 
Service with little ability to prioritize its activities to direct 
scarce listing resources to the listing program actions with the most 
biologically urgent species conservation needs.
    The consequence of the critical habitat litigation activity is that 
limited listing funds are used to defend active lawsuits and to comply 
with the growing number of adverse court orders. As a result, the 
Service's own to proposals to undertake conservation actions based on 
biological priorities are significantly delayed.
    The accelerated schedules of court ordered designations have left 
the Service with almost no ability to provide for additional public 
participation beyond those minimally required by the Administrative 
Procedures Act (APA), the Act, and the Service's implementing 
regulations, or to take additional time for review of comments and 
information to ensure the rule has addressed all the pertinent issues 
before making decisions on listing and critical habitat proposals, due 
to the risks associated with noncompliance with judicially imposed. 
This in turn fosters a second round of litigation in which those who 
will suffer adverse impacts from these decisions challenge them. The 
cycle of litigation appears endless, is very expensive, and in the 
final analysis provides little additional protection to listed species.
    The costs resulting from the designation include legal costs, the 
cost of preparation and publication of the designation, the analysis of 
the economic effects and the cost of requesting and responding to 
public comment, and in some cases the costs of compliance with the 
National Environmental Policy Act (NEPA), all are part of the cost of 
critical habitat designation. These costs result in minimal benefits to 
the species that is not already afforded by the protections of the Act 
enumerated earlier, and they directly reduce the funds available for 
direct and tangible conservation actions.

Background

    In January 1990, Allium munzii was listed as a threatened species 
by the State of California pursuant to the California Endangered 
Species Act. The Service listed A. munzii as endangered under the Act 
on October 13, 1998 (63 FR 54975).
    Allium munzii is a member of the Liliaceae (lily family). A. munzii 
belongs to the A. fimbriatum complex, a group of seven species found 
primarily in California (McNeal 1992), and was first referred to as A. 
fimbriatum var. munzii by M. Ownbey (Munz and Keck 1959). McNeal (1992) 
elevated this taxon to species status based on unique morphological 
characteristics of the perianth (the outer parts of a flower, 
consisting of the calyx, corolla, and also enclosing the stamen and 
carpel) and ovarian crests.
    Allium munzii is a bulb-forming perennial herb that annually 
produces a single leaf and a scapose inflorescence (a leafless flower 
stalk that grows directly from the ground) 0.5 to 1.2 feet (ft) (15 to 
35 centimeters (cm)) tall. Each leaf is hollow and generally 1.5 times 
as long as the inflorescence and round (terete) in cross-section. The 
inflorescence is umbellate (a flat topped or rounded flower cluster 
where each flower stalk radiates from the same point), consisting of 10 
to 35 flowers. The flowers have six white, or white with a red midvein, 
perianth segments that are 0.2 to 0.3 inches (in) (6 to 8 millimeters 
(mm)) long and become red with age. The ovary is crested with fine, 
irregularly dentate processes and the fruit is a three-lobed capsule 
(McNeal 1993). A. munzii can be distinguished from other members of the 
genus within its range by its single hollow and terete leaf, the shape 
of the perianth segments, flower color, and the irregularly dentate 
crest of the ovary.
    Three to five years are required after seeds germinate for the 
plant to reach maturity and produce flowers (Schmidt 1980). The plants 
are dormant except in the spring and early summer months. Prior to 
flowering, a single, cylindrical leaf is produced (Munz 1974). The 
flowering period for this species is March to May (California Native 
Plant Society (CNPS) 2001). The best time to detect the species is in 
early May. Allium munzii shares its range and habitat with the similar-
appearing A. haematochiton (red-skinned onion). Though the two species 
can occur within several feet of each other, the species do not 
interbreed (California Department of Fish and Game (CDFG) 1989). After 
flowering, the plant dies back to the bulb. A. munzii is well adapted 
to summer drought and varied amounts of rainfall from year to year and 
responds to environmental conditions in the aboveground emergence from 
year to year. McNeal (1992) observed that flowering in the A. 
fimbriatum complex appeared to be correlated with rains in the late 
fall and early winter. When rainfall is plentiful, most plants within a 
population bloom. When rainfall is light, most plants sprout leaves, 
but very few flower. There is no information regarding pollinators. No 
studies are available regarding seed dispersal.

[[Page 31571]]

Status and Distribution

    Allium munzii is endemic to mesic clay soils in western Riverside 
County, California, throughout the foothills east of the Santa Ana 
Mountains extending south and east to the low hills south of Hemet 
(Roberts 1993; U.S. Fish and Wildlife Service 1998; CNDDB 2000; Natural 
Resource Consultants (NRC) 2000). Currently there are 19 occurrences of 
Allium munzii according to the California Natural Diversity Database 
(CNDDB 2004). One historical population in the CNDDB was lost to 
development, however, the extent of the historical distribution of this 
plant is unknown.
    At the time of listing, the Service estimated the total population 
to be approximately 20,000 to 70,000 individuals. Six populations are 
large (around 2,000 or more individuals) and cover as much as 20 ac (8 
ha). The largest populations are at Harford County Park and adjacent 
private lands (20,000 to 50,000 individuals altogether), Alberhill (at 
least 7,700 individuals), Elsinore Peak (5,000 individuals), Dawson 
Canyon (2,000 individuals), Estelle Mountain (at least 2,000 
individuals), and Bachelor Mountain (over 3,000 individuals). Most 
populations contain fewer than 1,000 individuals, and occupy areas 
ranging from several square feet to less than 2.5 ac (several square 
meters to less than 1 ha.

Threats

    As much as 80 to 90 percent of the suitable habitat for this 
species has been lost to agriculture, urbanization, and clay mining 
(California Department of Fish and Game 1989). Populations continue to 
be threatened by housing and business development, dry land farming 
activities, off-road vehicle activity, clay mining, and competition 
with non-native plants (Roberts 1993; U.S. Fish and Wildlife Service 
1998; CNDDB 2003).
    Clay pit mining has affected and continues to threaten Allium 
munzii populations. The largest disturbance resulting from clay mining 
operations have been west of Alberhill and northwest of Indian Truck 
Trail. At least three smaller historic clay mining areas are known from 
Dos Lagos (Butterfield Station) east of Temescal Wash, Estelle 
Mountain, and north Domenigoni Hills. Clay mining activities are 
ongoing in the area northwest of Alberhill and continue to threaten the 
large population there.
    The native perennial and annual grasslands found on most clay soils 
in western Riverside County have been negatively affected by grazing 
activities and a frequent fire return interval. Even conserved areas 
that are protected through other rules and regulations are at risk of 
trampling and foraging primarily by sheep, which have been known to 
escape onto the Estelle Mountain areas containing the onion. Historic 
grazing has also led to invasion by non-native grasses and forbs over 
large areas. Fire and atmospheric nitrification of soil (resulting from 
air pollution) may each play a role in advancing the invasion of non-
native grasses. Many of the native grasslands and a large portion of 
the sage scrub areas in western Riverside have been replaced by non-
native annual grasses and forbs by repeated cycles of fire, grazing and 
nitrification. Competition with non-native grasses is a threat to 
Allium munzii because the non-native annual grasses form a dense cover 
that is more difficult for the A. munzii to penetrate than cover 
provided by the more patchily distributed native grasses or open sage 
scrub and chaparral communities.
    Historic and recent housing and business development, road 
building, and road maintenance threaten Allium munzii populations. The 
Sycamore Creek housing development, for example, impacted a portion of 
the adjacent population, and development of a freeway interchange at 
Indian Truck Trail is known to have significantly reduced one 
population. Existing roads have bisected A. munzii populations or 
reduced population numbers significantly at Gavilan Hills, Alberhill, 
Di Palma, and Indian Truck Trail.
    Off-road vehicle activity can trample onions and alter soil 
conditions. The Elsinore Peak population has been negatively affected 
by off-road vehicle activity. Off-road vehicle activity remains a 
threat to almost every remote occurrence of this species. Utility 
development has negatively affected Allium munzii populations at 
Elsinore Peak and Scott Road. Due to the large number of anthropogenic 
activities within occupied habitat, development and maintenance of 
these facilities remains a threat to the species where they intersect 
with suitable habitat. Right-of-way maintenance activities, such as 
mowing or grubbing, can result in degradation of population viability 
if repeatedly conducted during the spring and summer growth period.

Previous Federal Action

    We published the final rule to list Allium munzii as endangered in 
the Federal Register on October 13, 1998 (63 FR 54975). The listing was 
based on a variety of factors including habitat destruction and 
fragmentation from agricultural and urban development, clay mining, 
off-road vehicle activity, cattle and sheep grazing, weed abatement, 
fire suppression practices, and competition from alien plant species. A 
Recovery plan for this species has not yet been completed.
    At the time of listing, we concluded that designation of critical 
habitat for Allium munzii was not prudent because such designation 
would not benefit the species. On November 15, 2001, a lawsuit was 
filed against the Department of the Interior (DOI) and the Service by 
the Center for Biological Diversity and California Native Plant 
Society, challenging our ``not prudent'' determinations for eight 
plants including A. munzii (No. CV-01-2101) (CBD et al. v. USDOI). A 
second lawsuit asserting the same challenge was filed against DOI and 
the Service by the Building Industry Legal Defense Foundation (BILD) on 
November 21, 2001 (No. CV-01-2145) (BILD v. USDOI). Both cases were 
consolidated on March 19, 2002, and all parties agreed to remand the 
critical habitat determinations to the Service for additional 
consideration. In an order dated July 1, 2002, the U.S. District Court 
for the Southern District of California directed us to reconsider our 
not prudent finding and publish a proposed critical habitat rule for A. 
munzii, if prudent, on or before May 30, 2004. This proposed rule 
complies with the court's ruling. We have reconsidered our not prudent 
finding, and now believe that critical habitat designation may provide 
educational information to individuals, local and State governments, 
and other entities engaged in long-ranging planning, since areas 
essential to the conservation of the species are more clearly defined 
and, to the extent currently feasible, the primary constituent elements 
of the habitat necessary to the conservation of the species are 
identified.

Critical Habitat

    Section 3(5)(A) of the Act defines critical habitat 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

[[Page 31572]]

necessary to bring an endangered or a threatened species to the point 
at which listing under the Act is no longer necessary.
    The designation of critical habitat does not affect land ownership 
or establish a refuge, wilderness, reserve, preserve, or other 
conservation area. It does not allow government or public access to 
private lands. Under section 7 of the Act, Federal agencies must 
consult with the Service on activities they undertake, fund, or permit 
that may affect critical habitat and lead to its destruction or adverse 
modification. However, the Act prohibits unauthorized take of listed 
species and requires consultation for activities that may affect them, 
including habitat alterations, regardless of whether critical habitat 
has been designated. We have found that the designation of critical 
habitat provides little additional protection to most listed species.
    To be included in a critical habitat designation, habitat must be 
either a specific area within the geographic area occupied by the 
species on which are found those physical or biological features 
essential to the conservation of the species (primary constituent 
elements, as defined at 50 CFR 424.12(b)) and which may require special 
management considerations or protection, or be specific areas outside 
of the geographic area occupied by the species which are determined to 
be essential to the conservation of the species. Section 3(5)(c) of the 
Act states that not all areas that can be occupied by a species should 
be designated as critical habitat unless the Secretary determines that 
all such areas are essential to the conservation of the species. Our 
regulations (50 CFR 424.12(e)) also state that, ``The Secretary shall 
designate as critical habitat areas outside the geographic area 
presently occupied by the species only when a designation limited to 
its present range would be inadequate to ensure the conservation of the 
species.''
    Regulations at 50 CFR 424.02(j) define special management 
considerations or protection to mean any methods or procedures useful 
in protecting the physical and biological features of the environment 
for the conservation of listed species. When we designate critical 
habitat, we may not have the information necessary to identify all 
areas which are essential for the conservation of the species. 
Nevertheless, we are required to designate those areas we consider to 
be essential, using the best information available to us. Accordingly, 
we do not designate critical habitat in areas outside the geographic 
area occupied by the species unless the best available scientific and 
commercial data demonstrate that unoccupied areas are essential for the 
conservation needs of the species.
    Section 4(b)(2) of the Act requires that we take into consideration 
the economic impact, effects to national security, and any other 
relevant impact, of specifying any particular area as critical habitat. 
We may exclude areas from critical habitat designation when the 
benefits of exclusion outweigh the benefits of including the areas 
within critical habitat, provided the exclusion will not result in 
extinction of the species.
    Our Policy on Information Standards Under the Act, published in the 
Federal Register on July 1, 1994 (59 FR 34271), provides criteria, 
establishes procedures, and provides guidance to ensure that our 
decisions represent the best scientific and commercial data available. 
It requires our biologists, 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 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 or other entities 
that develop HCPs, scientific status surveys and studies, biological 
assessments, or other unpublished materials and expert opinion or 
personal knowledge.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of what we know at the time of designation. 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, 
critical habitat designations do not signal that habitat outside the 
designation is unimportant or may not be required for recovery.
    Areas that support populations, but are outside the critical 
habitat designation, will continue to be subject to conservation 
actions implemented under section 7(a)(1) of the Act and to the 
regulatory protections afforded by the section 7(a)(2) jeopardy 
standard, as determined on the basis of the best available information 
at the time of the action. Federally funded or permitted 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.

Criteria for Defining Essential Habitat

    All of the areas known to support Allium munzii are considered 
essential habitat for this species. A. munzii is known only from a 
narrow geographic range and within that range is limited to clay soils. 
There are currently 19 occurrences of this plant known to exist. One 
known historical occurrence has been lost to agriculture and urban 
development; others have been degraded or reduced in size. Due to the 
limited range and distribution of this species and the degradation of 
known populations of this species, preservation of all the known 
occurrences is essential for its conservation. The majority of the 
known occurrences are in the Gavilan Hills, the Gavilan Plateau, and 
the Temescal Valley regions of Riverside County. Other populations are 
found near Elsinore Peak, the Domenigoni Hills, Paloma Valley, Bachelor 
Mountain, and Skunk Hollow. It is possible that there are populations 
of this species that have gone undetected in Riverside County due to 
the cryptic nature of this species. Plants are only obvious in April 
and May when in flower, and plants do not often flower in years of low 
rainfall.

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 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 features 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 germination or seed 
dispersal; and habitats that are protected from disturbance or are 
representative of the historical, geographical, and ecological 
distributions of a species.
    The specific biological and physical features, otherwise referred 
to as the primary constituent elements, that

[[Page 31573]]

comprise Allium munzii habitat are based on specific components that 
provide for the essential biological components of the species as 
described below.
    Allium munzii is restricted to mesic clay soils in western 
Riverside County, California, along the southern edge of the Perris 
basin. The clay soils are scattered in a band several miles wide and 
extending 40 miles from Gavilan Hills to west of Temescal Canyon and 
Lake Elsinore at the eastern foothills of the Santa Ana Mountains and 
along the Elsinore Fault Zone to the southwestern foothills of the San 
Jacinto Mountains near Lake Skinner and Vail Lake. Clay soil 
associations include Altamont, Auld, Bosanko, Claypit and Porterville 
clay soil types. At least one population (Bachelor Mountain) was 
reported by Bramlet in 1991 to be associated with pyroxenite outcrops 
instead of clay (California Natural Diversity Data Base (CNDDB) 2003). 
Rounded cobbles and boulders are embedded within the clay, which has a 
sticky, adobe consistency when wet and large cracks when dry. A. munzii 
is typically found on the more mesic sites within the clay deposits 
(Boyd 1988). The clay deposits typically support grassland vegetation 
within a surrounding scrub community.
    Allium munzii occurs at elevations from 984 to 3,511 feet (ft) (300 
to 1,070 meters (m)), and on level or slightly sloping lands.
    Allium munzii is typically found in open native grasslands and, 
increasingly, non-native grasslands which can be either the dominant 
community or found in a mosaic with Riversidean sage scrub, scrub oak 
chaparral, chamise chaparral, coast live oak woodland, or peninsular 
juniper woodland and scrub (Holland 1986). Based upon the dominant 
species, these plant communities where A. munzii is found have been 
further divided into series which include, but are not limited to, 
California annual grassland, nodding needlegrass, purple needlegrass, 
foothill needlegrass, black sage, white sage, California buckwheat, 
California buckwheat-white sage, California sagebrush, California 
sagebrush-black sage, California sagebrush-California buckwheat, mixed 
sage, chamise, chamise-black sage, coast live oak, scrub oak, and 
California juniper (Sawyer and Keeler-Wolf 1994).
    A characteristic ``clay soil flora'' is associated with the island-
like clay deposits in southwestern Riverside County. This includes 
perennial herbs, such as Fritillaria biflora (chocolate lily), 
Harpagonella palmeri (Palmer's grappling hook), Chorizanthe 
polygonoides var. longispina (knot-weed spine flower), Sanicula 
bipinnatifida (purple sanicle), S. arguta (snakeroot), Lomatium 
utriculatum (common lomatium), L. dasycarpum (lace parsnip), 
Dodecatheon clevelandii (Cleveland's shooting star), Bloomeria crocea 
(goldenstar), Chlorogalum parviflorum (soaproot), Dudleya multicaulis 
(many-stemmed dudleya), Allium haematochiton (red-skinned onion) and A. 
munzii (Boyd 1988).
    Pursuant to our regulations, we are required to identify the known 
physical and biological features, i.e., primary constituent elements, 
essential to the conservation of Allium munzii, together with a 
description of any critical habitat that is proposed. In identifying 
the primary constituent elements, we used the best available scientific 
and commercial data available. The physical ranges described in the 
primary constituent elements may not capture all of the variability 
that is inherent in natural systems that support A. munzii. The primary 
constituent elements determined essential to the conservation of A. 
munzii are:
    (1) Clay soil series of sedimentary origin (e.g., Altamont, Auld, 
Bosanko, Claypit, Porterville), or clay lenses of such which may be 
found as unmapped inclusions in other soil series, or soil series of 
sedimentary or igneous origin with a clay subsoil (e.g., Cajalco, Las 
Posas, Vallecitos); found on level or slightly sloping landscapes; 
generally between the elevations of 985 ft and 3,500 ft (300 m and 
1,068 m) above mean sea level (AMSL); and as part of open native or 
non-native grassland plant communities and ``clay soil flora'' which 
can occur in a mosaic with Riversidean sage scrub, chamise chaparral, 
scrub oak chaparral, coast live oak woodland, and peninsular juniper 
woodland and scrub; or
    (2) Alluvial soil series of sedimentary or igneous origin (e.g., 
Greenfield, Ramona, Placentia, Temescal) and terrace escarpment soils 
found as part of alluvial fans underlying open native or non-native 
grassland plant communities which can occur in a mosaic with 
Riversidean sage scrub generally between the elevations of 985 ft and 
3,500 ft (300 m and 1,068 m) above mean sea level (AMSL); or Pyroxenite 
deposits of igneous origin found on Bachelor Mountain as part of non-
native grassland and Riversidean sage scrub generally between the 
elevations of 985 ft and 3,500 ft (300 m and 1,068 m) above mean sea 
level (AMSL); and
    (3) Clay soils or other soil substrate as described above with 
intact, natural surface and subsurface structure that have been 
minimally altered or unaltered by ground-disturbing activities (e.g., 
disked, graded, excavated, re-contoured).
    All areas proposed as critical habitat for Allium munzii are within 
the geographic area occupied by the species and contain one or more 
primary constituent elements (e.g., soil, associated plant community) 
essential for its conservation.

Methods

    In determining areas that are essential to conserve Allium munzii, 
we used the best scientific and commercial data available. These 
included data from research and survey observations published in peer-
reviewed articles, regional Geographic Information System (GIS) 
vegetation, soil, and species coverages (including layers for Riverside 
County), and data compiled in the CNDDB. In addition, information 
provided in comments on the proposed critical habitat designation and 
draft economic analysis will be evaluated and considered in the 
development of the final designation for A. munzii.
    After all the information about the known occurrences of Allium 
munzii was compiled, we created maps indicating the essential habitat 
associated with each of the occurrences. We used the information 
outlined above to aid in this task. The essential habitat was mapped 
using GIS and refined using topographical and aerial map coverages. 
These essential habitat areas were further refined by discussing each 
area in detail with Fish and Wildlife Service biologists familiar with 
each area. Areas not containing the primary constituent elements were 
not included in the boundaries of proposed critical habitat whenever 
possible.
    After creating a GIS coverage of the essential areas, we created 
legal descriptions of the essential areas. We used a 100-meter grid to 
establish Universal Transverse Mercator (UTM) North American Datum 27 
(NAD 27) coordinates which, when connected, provided the boundaries of 
the essential areas. The areas were then analyzed with respect to 
section 4(b)(2) of the Act, and any applicable and appropriate 
exclusions were made. The remaining essential areas are the proposed 
critical habitat. The essential areas, an elaboration on the 
exclusions, and the specific areas proposed for critical habitat are 
described below.

Special Management Considerations or Protection

    As we undertake the process of designating critical habitat for a 
species, we first evaluate lands defined by those physical and 
biological features essential to the conservation of the

[[Page 31574]]

species for inclusion in the designation pursuant to section 3(5)(A) of 
the Act. Secondly, we then evaluate lands defined by those features to 
assess whether they may require special management considerations or 
protection. As discussed throughout this proposed rule, Allium munzii 
and its habitat are threatened by a multitude of factors. Threats to 
those features that define essential habitat (primary constituent 
elements) are caused by various types of development, dry-land farming 
activities, off-road vehicle activity, clay mining, and competition 
with non-native plants. Habitat loss continues to be the greatest 
threat to A. munzii. It is essential for the survival of this species 
to protect those features that define the remaining essential habitat, 
through purchase or special management plans, from irreversible threats 
and habitat conversion. We believe the area proposed for designation as 
critical habitat may require some level of management and/or protection 
to address the current and future threats to A. munzii and maintain the 
primary constituent elements essential to its conservation to ensure 
the overall recovery of the species.

Relationship to Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act states that critical habitat shall be 
designated, and revised, on the basis of the best available scientific 
data available after taking into consideration the economic impact, 
effects to national security, and any other relevant impact, of 
specifying any particular area as critical habitat. An area may be 
excluded from critical habitat if it is determined, following an 
analysis, that the benefits of such exclusion outweigh the benefits of 
specifying a particular area as critical habitat, unless the failure to 
designate such area as critical habitat will result in the extinction 
of the species. Consequently, we may exclude an area from designated 
critical habitat based on economic impacts, effects to national 
security, or other relevant impacts such as preservation of 
conservation partnerships, if we determine the benefits of excluding an 
area from critical habitat outweigh the benefits of including the area 
in critical habitat, provided the action of excluding the area will not 
result in the extinction of the species.
    In our critical habitat designations we have used the provisions 
outlined in section 4(b)(2) of the Act to evaluate those specific areas 
that are proposed for designation as critical habitat and those areas 
which are subsequently finalized (i.e., designated). We have applied 
the provisions of this section of the Act to lands essential to the 
conservation of the subject species to evaluate them and either exclude 
them from final critical habitat or not include them in proposed 
critical habitat. Lands which we have either excluded from or not 
included in critical habitat based on those provisions include but are 
not limited to those covered by: (1) Legally operative HCPs that cover 
the species and provide assurances that the conservation measures for 
the species will be implemented and effective; (2) draft HCPs that 
cover the species, have undergone public review and comment, and 
provide assurances that the conservation measures for the species will 
be implemented and effective (i.e., pending HCPs); (3) Tribal 
conservation plans that cover the species and provide assurances that 
the conservation measures for the species will be implemented and 
effective; (4) State conservation plans that provide assurances that 
the conservation measures for the species will be implemented and 
effective; and (5) Service National Wildlife Refuge System 
Comprehensive Conservation Plans that provide assurances that the 
conservation measures for the species will be implemented and 
effective. Within the essential habitat for Allium munzii there are no 
tribal lands or lands owned by the Department of Defense.

Relationship of Critical Habitat to Approved Habitat Conservation Plans 
and Draft Western Riverside Multiple Species Habitat Conservation Plan 
(MSHCP)

    As described above, section 4(b)(2) of the Act requires us to 
consider other relevant impacts, in addition to economic and national 
security impacts, when designating critical habitat. Section 
10(a)(1)(B) of the Act authorizes us to issue permits for the take of 
listed wildlife species incidental to otherwise lawful activities. 
Development of an HCP is a prerequisite for the issuance of an 
incidental take permit pursuant to section 10(a)(1)(B) of the Act. An 
incidental take permit application must be supported by an HCP that 
identifies conservation measures that the permittee agrees to implement 
for the species to minimize and mitigate the impacts of the permitted 
incidental take.
    HCPs vary in size and may provide for incidental take coverage and 
conservation management for one or many federally listed species. 
Additionally, more than one applicant may participate in the 
development and implementation of an HCP. The areas occupied by Allium 
munzii include approved HCPs and the Western Riverside MSHCP that 
address multiple species, cover a large area, and have many 
participating permittees. Large regional HCPs expand upon the basic 
requirements set forth in section 10(a)(1)(B) of the Act because they 
reflect a voluntary, cooperative approach to large-scale habitat and 
species conservation planning. Many of the large regional HCPs in 
southern California have been, or are being, developed to provide for 
the conservation of numerous federally listed species and unlisted 
sensitive species and the habitat that provides for their biological 
needs. These HCPs address impacts in a planning area and create a 
preserve design within the planning area. Over time, areas in the 
planning area are developed according to the HCP and the area within 
the preserve is acquired, managed, and monitored. These HCPs are 
designed to implement conservation actions to address future projects 
that are anticipated to occur within the planning area of the HCP in 
order to reduce delays in the permitting process.
    In the case of approved regional HCPs (e.g., those sponsored by 
cities, counties or other local jurisdictions) wherein Allium munzii is 
a covered species, a primary goal is to provide for the protection and 
management of habitat essential for the conservation of the species 
while directing development to non-essential areas. The regional HCP 
development process provides an opportunity for more intensive data 
collection and analysis regarding the use of particular habitat areas 
by A. munzii. The process also enables us to construct a habitat 
preserve system that provides for the biological needs and long-term 
conservation of the species.
    Completed HCPs and their accompanying Implementing Agreements (IA) 
contain management measures and protections for identified preserve 
areas that protect, restore, and enhance the value of these lands as 
habitat for Allium munzii. These measures include explicit standards to 
minimize any impacts to the covered species and its habitat. In 
general, HCPs are designed to ensure that the value of the conservation 
lands are maintained, expanded, and improved for the species that they 
cover.
    In approving these HCPs, the Service has provided assurances to 
permit holders that once the protection and management required under 
the plans are in place and for as long as the permit holders are 
fulfilling their obligations under the plans, no additional mitigation 
in the form of land or financial compensation will be required of the 
permit holders and in some cases,

[[Page 31575]]

specified third parties. Similar assurances will be extended to future 
permit holders in accordance with the Service's HCP Assurance (``No 
Surprises'') rule codified at 50 CFR 17.22(b)(5) and (6) and 
17.32(b)(5) and (6).
    Portions of the proposed critical habitat within approved and 
legally operative HCPs or Natural Community Conservation Plan (NCCP)/
HCPs in which Allium munzii is a covered species warrant exclusion from 
the designation of critical habitat under section 4(b)(2) of the Act. 
We believe that in most instances, the benefits of excluding legally 
operative HCPs from the proposed critical habitat designations will 
outweigh the benefits of including them. We have considered but not 
proposed critical habitat within the Rancho Bella Vista, North Peak 
Development Project, and Lake Matthews HCPs. All of these HCPs are for 
a small number of private landowners. A. munzii is a covered species in 
these HCPs.

Draft Western Riverside MSHCP

    The Draft Western Riverside MSHCP has been in development for 
several years. Participants in this HCP include 14 cities; the County 
of Riverside, including the Riverside County Flood Control and Water 
Conservation Agency, Riverside County Transportation Commission, 
Riverside County Parks and Open Space District, and Riverside County 
Waste Department; the California Department of Parks and Recreation; 
and the California Department of Transportation. The Western Riverside 
MSHCP is also being proposed as a subregional plan under the State's 
NCCP and is being developed in cooperation with the California 
Department of Fish and Game. Within the 1.26 million-acre (510,000 ha) 
planning area of the MSHCP, approximately 153,000 ac (62,000 ha) of 
diverse habitats are proposed for solely conservation uses. The 
proposed conservation of 153,000 ac (62,000 ha) will complement other 
existing natural and open space areas that are already conserved 
through other means (e.g., State Parks, Forest Service, and County Park 
lands).
    The County of Riverside and the participating jurisdictions have 
signaled their sustained support for the Western Riverside MSHCP as 
evidenced by the November 5, 2002, passage of a local bond measure to 
fund the acquisition of land in support of the MSHCP. On November 14, 
2002, a Notice of Availability of a Draft Environmental Impact Report 
(EIS/EIR) and Receipt of and Application for an Incidental Take Permit 
was published in the Federal Register (67 FR 69236). Public comment on 
these documents was accepted until January 14, 2003. Subsequently, on 
June 17, 2003, the County of Riverside Board of Supervisors voted 
unanimously to support the completion of the Western Riverside MSHCP.
    Conservation actions within the Western Riverside MSHCP planning 
area will be implemented to promote the long-term conservation of 
Allium munzii. Although the MSHCP is not yet completed and implemented, 
significant progress has been achieved in the development of this HCP, 
including the preparation of the EIS/EIR, the solicitation of public 
review and comment, and the preparation of final documents. We are 
proposing to exclude from the proposed critical habitat designation the 
non-Federal lands covered by the draft Western Riverside MSHCP. This 
includes all known occurrences except one, which is on lands managed by 
the Forest Service. We are proposing to designate critical habitat on 
Federal lands within the planning area boundary of the Western 
Riverside MSHCP because the activities of Federal agencies are not 
covered under the section 10(a)(1)(B) permit. In the event that the 
Western Riverside MSHCP does not provide the coverage for this species, 
we will include these essential areas in the final designation of 
critical habitat.
    Specific conservation objectives are provided in the Western 
Riverside MSHCP to ensure that suitable habitat and known populations 
of the Allium munzii will persist. Conservation objectives for A. 
munzii are: (1) Include in the MSHCP Conservation Area at least 13 
localities, including the two whole and two partial populations 
currently outside the MSHCP Conservation Area; (2) include in the MSHCP 
Conservation Areas the Additional Reserve Lands (as defined in the 
MSHCP), public/quasi-public (PQP) lands (as defined in the MSHCP), and 
A. munzii habitat identified in the MSHCP. Given the presently known A. 
munzii localities, all of the known populations will be conserved; (3) 
implement management and monitoring practices within the Additional 
Reserve Lands including surveys for the A. munzii. Cooperative 
management and monitoring is anticipated on PQP Lands; (4) A. munzii is 
considered a Narrow Endemic Plant Species (defined in section 6 of the 
Riverside MSHCP; requires specific consideration in the plan). Thus, 
until such time as the Additional Reserve Lands are assembled and 
conservation objectives for this species are met, surveys will be 
conducted as part of the project review process for public and private 
projects where suitable habitat for A. munzii is present within Narrow 
Endemic Plant Species Survey Area (NEPSSA) 1 and 4.
    Other management actions described in the draft Western Riverside 
MSHCP include addressing competition with non-native plant species, 
clay mining, off-road vehicle use, and disking activities. This 
management will help maintain Allium munzii populations and habitat.
    The following represents our rationale for excluding the proposed 
critical habitat within approved HCPs and the Draft Western Riverside 
MSHCP.
(1) Benefits of Inclusion
    The principal benefit of any designated critical habitat is that 
federally funded or authorized activities in such habitat that require 
consultation under section 7 of the Act. Such consultation would ensure 
that adequate protection is provided to avoid adverse modification of 
critical habitat. Where HCPs are in place, our experience indicates 
that this benefit is small or nonexistent. Currently approved and 
permitted HCPs and NCCP/HCPs are designed to ensure the long-term 
survival of covered species within the plan area. In an approved HCP or 
NCCP/HCP, lands we ordinarily would define as critical habitat for 
covered species will normally be protected in reserves and other 
conservation lands by the terms of the HCP or NCCP/HCP and their IAs. 
These HCPs or NCCP/HCPs and IAs include management measures and 
protections for conservation lands designed to protect, restore, and 
enhance their value as habitat for covered species, and thus provide 
benefits well in excess of those that would result from a critical 
habitat designation.
(2) Benefits of Exclusion
    The benefits of excluding lands within HCPs from critical habitat 
designation include carrying out the assurances provided by the Service 
to landowners, communities, and counties in return for their voluntary 
adoption of the HCP, including relieving them of the additional 
regulatory burden that might be imposed by critical habitat. Many HCPs, 
particularly large regional HCPs take many years to develop and, upon 
completion, become regional conservation plans that are consistent with 
the recovery objectives for listed species that are covered within the 
plan area. Additionally, many of these HCPs provide conservation 
benefits to unlisted, sensitive species. Imposing an additional 
regulatory review after an

[[Page 31576]]

HCP is completed solely as a result of the designation of critical 
habitat may undermine conservation efforts and partnerships in many 
areas. In fact, it could result in the loss of species' benefits if 
participants abandon the voluntary HCP process because it may result in 
additional regulations requiring more of them than other parties who 
have not voluntarily participated in species conservation. Designation 
of critical habitat within the boundaries of approved HCPs could be 
viewed as a disincentive to those entities currently developing HCPs or 
contemplating them in the future.
    A related benefit of excluding lands within HCPs from critical 
habitat designation is the unhindered, continued ability to seek new 
partnerships with future HCP participants including States, counties, 
local jurisdictions, conservation organizations, and private 
landowners, which together can implement conservation actions that we 
would be unable to accomplish otherwise. If lands within HCP plan areas 
are designated as critical habitat, it would likely have a negative 
effect on our ability to establish new partnerships to develop HCPs, 
particularly large, regional HCPs that involve numerous participants 
and address landscape-level conservation of species and habitats. By 
preemptively excluding these lands, we preserve our current 
partnerships and encourage additional conservation actions in the 
future.
    Furthermore, an HCP or NCCP/HCP application must itself be 
consulted upon. While this consultation will not look specifically at 
the issue of adverse modification to critical habitat, unless critical 
habitat has already been designated within the proposed plan area, it 
will determine if the HCP jeopardizes the species in the plan area. The 
jeopardy analysis is similar to the analysis of adverse modification to 
critical habitat. In addition, Federal actions that may affect listed 
species or any designated critical habitat would still require 
consultation under section 7 of the Act. HCP and NCCP/HCPs typically 
provide for greater conservation benefits to a covered species than 
section 7 consultations because HCPs and NCCP/HCPs assure the long-term 
protection and management of a covered species and its habitat, and 
funding for such management through the standards found in the 5 Point 
Policy for HCPs (64 FR 35242) and the HCP ``No Surprises'' regulation 
(63 FR 8859). Such assurances are typically not provided by section 7 
consultations which, in accordance with the Provisions of the Act, are 
limited to requiring that the specific action being consulted upon not 
jeopardize the continued existence of the species. Thus, a consultation 
typically does not accord the lands it covers the extensive benefits a 
HCP or NCCP/HCP provides. The development and implementation of HCPs or 
NCCP/HCPs provide other important conservation benefits, including the 
development of biological information to guide the conservation efforts 
and assist in species conservation, and the creation of innovative 
solutions to conserve species while allowing for development.
    The Western Riverside MSHCP seeks to accomplish the goals of 
protecting, restoring, monitoring, managing, and enhancing the habitat 
to benefit the conservation of Allium munzii through the implementation 
of specific conservation objectives. Excluding non-Federal lands within 
the MSHCP from the proposed critical habitat will provide benefits, as 
follows: (1) Exclusion of the lands from the final designation will 
allow us to continue working with the participants in a spirit of 
cooperation and partnership; (2) other jurisdictions, private 
landowners, and other entities will see the benefit of working 
cooperatively with us to develop HCPs, which will provide the basis for 
future opportunities to conserve species and their essential habitat.
(3) Benefits of Exclusion Outweigh the Benefits of Inclusion
    We have reviewed and evaluated the HCPs currently approved and 
being implemented, and the draft Western Riverside MSHCP within the 
areas being proposed as critical habitat for Allium munzii. Based on 
this evaluation, we find that the benefits of exclusion outweigh the 
benefits of proposing the portions of essential habitat for A. munzii 
covered by the approved HCPs and the draft Western Riverside MSHCP as 
critical habitat.
    The exclusion of these lands from critical habitat will help 
preserve the partnerships that we have developed with the local 
jurisdictions and project proponents in the development of HCPs and 
NCCP/HCPs. The educational benefits of critical habitat, including 
informing the public of areas that are essential for the long-term 
survival and conservation of the species, is still accomplished from 
material provided on our website and through public notice and comment 
procedures required to establish an HCP or NCCP/HCP. The public has 
also been informed through the public participation that occurs in the 
development of many regional HCPs or NCCP/HCPs. For these reasons, we 
believe that proposing critical habitat has little benefit in areas 
covered by HCPs, provided that the HCP or NCCP/HCP specifically and 
adequately covers the species for which critical habitat is being 
proposed. We do not believe that these exclusions will result in the 
extinction of the species because the combination of existing preserves 
and the implementation of the draft Western Riverside MSHCP provide 
adequate conservation of this species on lands within the plan area.

Proposed Critical Habitat Designation

    The proposed critical habitat includes Allium munzii habitat at a 
single location in the species' range and is located entirely within 
Riverside County, California. The majority of essential habitat for 
this species has been excluded under section 4(b)(2). As a result, only 
Federal lands are proposed as critical habitat. Areas proposed as 
critical habitat and the areas proposed for exclusion from critical 
habitat are summarized in Table 1.

                        Table 1.--Summary of Essential Habitat Acreage for Allium munzii.
----------------------------------------------------------------------------------------------------------------
                                       Federal*           Local/state           Private              Total
----------------------------------------------------------------------------------------------------------------
Essential Habitat...............  227 ac (92 ha)....  73 ac (30 ha).....  995 ac (403 ha)...  1,295 ac (525 ha).
Excluded under 4(b)(2)..........  0 ac (0 ha).......  73 ac (30 ha).....  995 ac (403 ha)...  1,068 ac (433 ha).
Proposed Critical Habitat.......  227 ac (92 ha)....  0 ac (0 ha).......  0 ac (0 ha).......  227 ac (92 ha).
----------------------------------------------------------------------------------------------------------------
* Federal lands include U.S. Forest Service lands.


[[Page 31577]]

Western Riverside Unit, Riverside County, California (227 ac (92 ha))

    As discussed above, the Western Riverside MSHCP, when approved, 
will provide for the conservation of all known occurrences of A. 
munzii. Only the habitat located on Federal lands is proposed as 
critical habitat. This is because the habitat is essential to the 
conservation of the species, but activities of Federal agencies are not 
covered under the section 10(a)(1)(B) permit. A map of the areas 
identified as essential habitat can be viewed on our Web site at http://carlsbad.fws.gov.
    The single unit of essential habitat that we are proposing to 
designate as critical habitat is located in the vicinity of Elsinore 
Peak in the Cleveland National Forest. The easternmost stand of Allium 
munzii at this location is considered to be the most undisturbed and 
pristine of any of the known occurrences of this species (Boyd and 
Mistretta 1991). The land identified for this unit of critical habitat 
supports the first and third primary constituent elements discussed 
above. The habitat is characterized by mixed native/non-native 
grassland and chaparral vegetation. A. munzii occurs primarily in the 
grassland and the transitional vegetation between the grassland and 
chaparral. The soils are primarily mapped as Bosanko clay, Cieneba-
blasingame-rock outcrop complex, and Cieneba-rock outcrop complex. The 
stands of A. munzii are associated with mesic microhabitats, such as 
the mesic exposures on cobble deposits and at the bottom of slopes. 
This population is estimated at 5,000 plants and is ranked as a top 
conservation priority by a working group assembled by the California 
Department of Fish and Game (Mistretta 1993).
    This site represents the southwestern-most extent of the range for 
Allium munzii. The habitat at this location is high quality. This site 
also supports three other species of wild onion, A. haematochition, A. 
lacunosum, and A. peninsulare. This composition of four Allium species 
at a single location is important to understanding the evolutionary 
history and divergence of the Allium genus in southern California. The 
southwestern portion of the essential habitat at this site is located 
on land that will be subject to the terms and conditions of the Western 
Riverside MSHCP. This portion of essential habitat has been excluded 
from critical habitat, and only the essential habitat on Forest Service 
land is proposed as critical habitat.

Effects of Critical Habitat Designation

Section 7 Consultation

    The regulatory effects of a critical habitat designation under the 
Act are triggered through the provisions of section 7, which applies 
only to activities conducted, authorized, or funded by a Federal agency 
(Federal actions). Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR 402. 
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)(2) of the Act requires Federal agencies, including us, 
to insure that their actions are not likely to jeopardize the continued 
existence of a listed species or result in the destruction or adverse 
modification of designated critical habitat. This requirement is met 
through section 7 consultation under the Act. Our regulations define 
``jeopardize the continued existence of'' as to engage in an action 
that reasonably would be expected, directly or indirectly, to reduce 
appreciably the likelihood of both the survival and recovery of a 
listed species in the wild by reducing the reproduction, numbers, or 
distribution of that species (50 CFR 402.02). ``Destruction or adverse 
modification of designated critical habitat'' for this species would 
include habitat alterations that significantly affect any of those 
physical or biological features that were the basis for determining the 
habitat to be critical.
    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 Federal agencies in eliminating conflicts 
that may be caused by their proposed actions. The conservation measures 
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 (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, the 
Federal action agency would ensure that the permitted actions do not 
destroy or adversely modify critical habitat.
    If we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we also 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 Service's 
Regional Director believes would avoid the likelihood of jeopardizing 
the continued existence of listed species or resulting in 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 under certain 
circumstances, including 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 reinitiating 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.
    Federal activities that may affect Allium munzii or its critical 
habitat will require consultation under section 7. Activities on 
private, State, or county lands, or lands under local jurisdictions

[[Page 31578]]

requiring a permit from a Federal agency, such as Federal Highway 
Administration or Federal Emergency Management Act funding, or a permit 
from the Corps under section 404 of the Clean Water Act, will 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 consultations.
    Section 4(b)(8) of the Act requires us to evaluate briefly and 
describe, in any proposed or final regulation that designates critical 
habitat, those activities involving a Federal action that may adversely 
modify such habitat or that may be affected by such designation. 
Activities that may destroy or adversely modify critical habitat 
include those that alter the primary constituent elements to an extent 
that the value of critical habitat for both the survival and recovery 
of Allium munzii is appreciably reduced. 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 directly or indirectly destroy or adversely modify 
critical habitat for Allium munzii include, but are not limited to:
    (1) Removing, thinning, or destroying Allium munzii habitat (as 
defined in the primary constituent elements discussion), whether by 
burning, mechanical, chemical, or other means;
    (2) Activities that appreciably degrade or destroy Allium munzii 
habitat (and its primary constituent elements) that could include, but 
are not limited to, livestock grazing, clearing, disking, farming, 
residential or commercial development, the spread of nonnative species, 
off-road vehicle use, and heavy recreational use;
    (3) Activities that appreciably diminish habitat value or quality 
through indirect effects (e.g., edge effects, invasion of exotic plants 
or animals, or fragmentation); and
    (4) Any activity that could alter watershed or soil characteristics 
in ways that would appreciably alter or reduce the quality or quantity 
of surface and subsurface flow of water needed to maintain Allium 
munzii habitat. These activities could include, but are not limited to, 
altering the natural fire regime; development, including road building; 
livestock grazing; and vegetation manipulation such as clearing or 
grubbing in the watershed upslope from A. munzii.
    (5) Road construction and maintenance, right-of-way designation, 
and regulation of agricultural activities, or any activity funded or 
carried out by the Department of Transportation or Department of 
Agriculture that results in discharge of dredged or fill material, or 
mechanized land clearing of Allium munzii habitat;
    (6) Sale or exchange of lands by a Federal agency to a non-Federal 
entity; and
    (7) Licensing of construction of communication sites by the Federal 
Communications Commission.
    All lands proposed as critical habitat are within the geographical 
area occupied by the species and are necessary for the conservation of 
Allium munzii. Federal agencies already consult with us on actions that 
may affect A. munzii to ensure that their actions do not jeopardize the 
continued existence of the species. Thus, we do not anticipate 
substantial additional regulatory protection will result from critical 
habitat designation.
    If you have questions regarding whether specific activities will 
constitute destruction or 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 plants and inquiries about prohibitions and permits may be 
addressed to the U.S. Fish and Wildlife Service, Branch of Endangered 
Species, 911 NE. 11th Ave, Portland, OR 97232 (telephone 503/231-2063; 
facsimile 503/231-6243).

Economic Analysis

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial data 
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.
    An analysis of the economic impacts of proposing critical habitat 
for Allium munzii is being prepared. We will announce the availability 
of the draft economic analysis as soon as it is completed, at which 
time we will seek public review and comment. At that time, copies of 
the draft economic analysis will be available for downloading from the 
Internet at http://carlsbad.fws.gov, or by contacting the Carlsbad Fish 
and Wildlife Office directly (see ADDRESSES section).

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we will solicit the expert opinions of at least three 
appropriate and independent specialists regarding this proposed rule. 
The purpose of such review is to ensure that our critical habitat 
designation is 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 
60-day comment period on this proposed rule as we prepare our final 
rulemaking. Accordingly, the final designation may differ from this 
proposal.

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if requested. Requests must be received within 45 days of the date of 
publication of the proposal in the Federal Register. Such requests must 
be made in writing and be addressed to the Field Supervisor (see 
ADDRESSES section). 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 proposed rule easier to understand, including answers to 
questions such as the following: (1) Are the requirements in the 
proposed rule clearly stated? (2) Does the proposed rule contain 
technical jargon that interferes with the clarity? (3) Does the format 
of the proposed rule (grouping and order of the sections, use of 
headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the 
description of the notice in the SUPPLEMENTARY INFORMATION section of 
the preamble helpful in understanding the proposed rule? (5) What else 
could we do to make this proposed rule easier to understand? Send a 
copy of any comments on how we could make this proposed rule easier to 
understand to: Office of Regulatory Affairs, Department of the 
Interior, Room 7229, 1849 C Street, NW.,

[[Page 31579]]

Washington, DC 20240. You may e-mail your comments to this address: 
[email protected].

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is not a 
significant rule and, therefore, was not reviewed by the Office of 
Management and Budget (OMB). We will be preparing a draft economic 
analysis of this proposed action; we will use this analysis to meet the 
requirement of section 4(b)(2) of the Act to determine the economic 
consequences of designating the specific areas as critical habitat and 
excluding any area from critical habitat if it is determined that the 
benefits of such exclusion outweigh the benefits of specifying such 
areas as part of the critical habitat, unless failure to designate such 
area as critical habitat will lead to the extinction of Allium munzii. 
This analysis will also be used to determine compliance with Executive 
Order 12866, Regulatory Flexibility Act, Small Business Regulatory 
Enforcement Fairness Act, and Executive Order 12630.
    This draft economic analysis will be made available for public 
review and comment before we finalize this designation. At that time, 
copies of the analysis will be available for downloading from the 
Carlsbad Fish and Wildlife Office's Internet Web site at http://carlsbad.fws.gov or by contacting the Carlsbad Fish and Wildlife Office 
directly (see ADDRESSES section).

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. The 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.
    At this time, the Service lacks the available economic information 
necessary to provide an adequate factual basis for the required RFA 
finding. Therefore, the RFA finding is deferred until completion of the 
draft economic analysis prepared pursuant to section 4(b)(2) of the ESA 
and E.O. 12866. This draft economic analysis will provide the required 
factual basis for the RFA finding. Upon completion of the draft 
economic analysis, the Service will publish a notice of availability of 
the draft economic analysis of the proposed designation and reopen the 
public comment period for the proposed designation for an additional 60 
days. The Service will include with the notice of availability, as 
appropriate, an initial regulatory flexibility analysis or a 
certification that the rule will not have a significant economic impact 
on a substantial number of small entities accompanied by the factual 
basis for that determination. The Service has concluded that deferring 
the RFA finding until completion of the draft economic analysis is 
necessary to meet the purposes and requirements of the RFA. Deferring 
the RFA finding in this manner will ensure that the Service makes a 
sufficiently informed determination based on adequate economic 
information and provides the necessary opportunity for public comment.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 802(2))

    In the draft economic analysis, we will determine whether 
designation of critical habitat will 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) on regulations that significantly affect energy supply, 
distribution, and use. Executive Order 13211 requires agencies to 
prepare Statements of Energy Effects when undertaking certain actions. 
This proposed rule to designate critical habitat for Allium munzii is 
not a significant regulatory action under Executive Order 12866, and it 
is not expected to significantly affect energy supplies, distribution, 
or use because there are no pipelines, distribution facilities, power 
grid stations, etc. within the boundaries of proposed critical habitat. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 
1501), the Service makes the following findings:
    (a) This rule will not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute or regulation 
that would impose an enforceable duty upon State, local, tribal 
governments, or the private sector and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or tribal governments'' with two 
exceptions. It excludes ``a condition of federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding'' and the State, local, or tribal 
governments ``lack authority'' to adjust accordingly. (At the time of 
enactment, these entitlement programs were: Medicaid; AFDC work 
programs; Child Nutrition; Food Stamps; Social Services Block Grants; 
Vocational Rehabilitation State Grants; Foster Care, Adoption 
Assistance, and Independent Living; Family Support Welfare Services; 
and Child Support Enforcement.) ``Federal private sector mandate'' 
includes a regulation that ``would impose an enforceable duty upon the 
private sector, except (i) a condition of Federal assistance; or (ii) a 
duty arising from participation in a voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions do not destroy or adversely modify critical 
habitat under section 7. While non-Federal entities who receive Federal 
funding, assistance, or permits or who otherwise require approval or 
authorization from a Federal agency for

[[Page 31580]]

an action may be indirectly impacted by the designation of critical 
habitat, the legally binding duty to avoid destruction or adverse 
modification of critical habitat rests squarely on the Federal agency. 
Furthermore, to the extent that non-Federal entities are indirectly 
impacted because they receive Federal assistance or participate in a 
voluntary Federal aid program, the Unfunded Mandates Reform Act would 
not apply; nor would critical habitat shift the costs of the large 
entitlement programs listed above on to State governments.
    (b) We do not believe that this rule will significantly or uniquely 
affect small governments, because only Federal lands are involved in 
the proposed designation. As such, Small Government Agency Plan is not 
required. We will, however, further evaluate this issue as we conduct 
our economic analysis and, as appropriate, review and revise this 
assessment as warranted.

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 
designating critical habitat for Allium munzii. This preliminary 
assessment concludes that this proposed rule does not pose significant 
takings implications. However, we have not yet completed the economic 
analysis for this proposed rule. Once the economic analysis is 
available, we will review and revise this preliminary assessment as 
warranted.

Federalism

    In accordance with Executive Order 13132, this rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. In keeping with Department of the Interior policies, we 
requested information from and coordinated development of this proposed 
critical habitat designation with appropriate State resource agencies 
in California.
    The proposed designation of critical habitat in areas currently 
occupied by Allium munzii imposes no additional significant 
restrictions beyond those currently in place and, therefore, has little 
incremental impact on State and local governments and their activities. 
The proposed designation of critical habitat may have some benefit to 
the State and local resource agencies in that the areas essential to 
the conservation of this species are more clearly defined, and the 
primary constituent elements of the habitat necessary to the 
conservation of this species are specifically identified. While this 
definition and identification does not alter where and what federally 
sponsored activities may occur, it may assist 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 this rule does 
not unduly burden the judicial system and does meet 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 Allium 
munzii.

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

    This proposed rule does not contain new or revised information 
collection for which OMB approval is required under the Paperwork 
Reduction Act. Information collections associated with certain Act 
permits are covered by an existing OMB approval and are assigned 
clearance No. 1018-0094, Forms 3-200-55 and 3-200-56, with an 
expiration date of July 31, 2004. Detailed information for Act 
documentation appears at 50 CFR 17. This rule will not impose 
recordkeeping 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 that an Environmental Assessment and/or an 
Environmental Impact Statement as defined by the National Environmental 
Policy Act of 1969 need not be prepared in connection with regulations 
adopted pursuant to section 4(a) of the Endangered Species Act, as 
amended. A notice outlining our reason for this determination was 
published in the Federal Register on October 25, 1983 (48 FR 49244). 
This proposed rule 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 Allium 
munzii. Therefore, designation of critical habitat for the A. munzii 
has not been proposed on Tribal lands.

References Cited

    A complete list of all references cited herein, as well as others, 
is available upon request from the Carlsbad Fish and Wildlife Office 
(see ADDRESSES section).

Author

    The primary authors of this notice are the Carlsbad Fish and 
Wildlife Office staff (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 entry for ``Allium munzii'' under 
``FLOWERING PLANTS'' to read as follows:


17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

[[Page 31581]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species
------------------------------------------------------    Historic range           Family            Status       When listed     Critical     Special
         Scientific name              Common name                                                                                 habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Flowering plants
 
 
                                                                      * * * * * * *
  Allium munzii.................  Munz's onion.......  U.S.A. (CA)........  Liliaceae--Lily....  E               650               17.96(a)           NA
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. In Sec.  17.96(a), add critical habitat for Allium munzii in 
alphabetical order under Family Liliaceae to read as follows:


Sec.  17.96  Critical habitat--plants.

    (a) Flowering plants.
* * * * *
    Family Liliaceae: Allium munzii (Munz's onion)
    (1) Critical habitat unit for Allium munzii is depicted for 
Riverside County, California, on the map below.
    (2) The primary constituent elements of critical habitat for Allium 
munzii are:
    (i) Clay soil series of sedimentary origin (e.g., Altamont, Auld, 
Bosanko, Claypit, Porterville), or clay lenses of such which may be 
found as unmapped inclusions in other soil series, or soil series of 
sedimentary or igneous origin with a clay subsoil (e.g., Cajalco, Las 
Posas, Vallecitos); found on level or slightly sloping landscapes; 
generally between the elevations of 985 ft and 3,500 ft (300 m and 
1,068 m) above mean sea level (AMSL); and as part of open native or 
non-native grassland plant communities and ``clay soil flora'' which 
can occur in a mosaic with Riversidean sage scrub, chamise chaparral, 
scrub oak chaparral, coast live oak woodland, and peninsular juniper 
woodland and scrub; or
    (ii) Alluvial soil series of sedimentary or igneous origin (e.g., 
Greenfield, Ramona, Placentia, Temescal) and terrace escarpment soils 
found as part of alluvial fans underlying open native or non-native 
grassland plant communities which can occur in a mosaic with 
Riversidean sage scrub generally between the elevations of 985 ft and 
3,500 ft (300 m and 1,068 m) above mean sea level (AMSL); or Pyroxenite 
deposits of igneous origin found on Bachelor Mountain as part of non-
native grassland and Riversidean sage scrub generally between the 
elevations of 985 ft and 3,500 ft (300 m and 1,068 m) above mean sea 
level (AMSL); and
    (iii) Clay soils or other soil substrate as described above with 
intact, natural surface and subsurface structure that have been 
minimally altered or unaltered by ground-disturbing activities (e.g., 
disked, graded, excavated, re-contoured).
    (3) Critical habitat for Allium munzii does not include existing 
features and structures, such as buildings, roads, aqueducts, 
railroads, airport runways and buildings, other paved areas, lawns, and 
other urban landscaped areas not containing one or more of the primary 
constituent elements.
    (4) Critical habitat unit for Allium munzii is described below.
    (i) Map Unit 1: Riverside County, California. From USGS 1:24,000 
quadrangle map Wildomar, California, land bounded by the following UTM 
11 NAD27 coordinates (E, N): 467900, 3718200; 469000, 3718200; 469000, 
3717300; 468500, 3717300; 468500, 3717500; 468100, 3717500; 468100, 
3717400; thence east to the U.S. Forest Service, Cleveland National 
Forest boundary at y-coordinate 3717400; thence northwest following the 
U.S. Forest Service, Cleveland National Forest boundary to y-coordinate 
371800; thence east to 467700, 3718000; 467700, 3718100; 467900, 
3718100; returning to 467900, 3718200.

    (ii) Note: Map of critical habitat unit follows:
BILLING CODE 4310-55-P

[[Page 31582]]

[GRAPHIC] [TIFF OMITTED] TP04JN04.000


    Dated: May 27, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-12657 Filed 6-3-04; 8:45 am]
BILLING CODE 4310-55-C