[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Rules and Regulations]
[Pages 33015-33033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11167]


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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; Designation of 
Critical Habitat for Allium munzii (Munz's onion)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate 
176 acres (ac) (71 hectares (ha)) of Federal land as critical habitat 
for the Federally endangered Allium munzii (Munz's onion) pursuant to 
the Endangered Species Act of 1973, as amended (Act). The designated 
critical habitat is within the Cleveland National Forest at Elsinore 
Peak in western Riverside County, California.

DATES: This rule becomes effective on July 7, 2005.

ADDRESSES: Comments and materials received, as well as supporting 
documentation used in the preparation of this final rule, will be 
available for public inspection, by appointment, during normal business 
hours, at the Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 6010 Hidden Valley Road, Carlsbad, CA 92009 (telephone: 760/
431-9440). The final rule, economic analysis (EA), and map will also be 
available via the Internet at http://carlsbad.fws.gov.

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

SUPPLEMENTARY INFORMATION:

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 473 species, or 38 percent 
of the 1,253 listed species in the U.S. under the jurisdiction of the 
Service, have designated critical habitat.
    We address the habitat needs of all 1,253 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. In the case of listed 
plants, such as Allium munzii, Section 9 of the Act prohibits any 
person subject to the jurisdiction of the United States from removing 
and reducing to possession any such species from areas under Federal 
jurisdiction; maliciously damaging or destroying any such species on 
such area; or removing, cutting, digging up, or damaging or destroying 
any such species on any other area in knowing violation of any law or 
regulation of any state or in the course of any violation of a State 
criminal trespass law. The Service believes that it is these measures 
that may make the difference between extinction and survival for many 
species.
    We note, however, that two courts found our definition of adverse 
modification to be invalid (March 15, 2001, decision of the United 
States Court of Appeals for the Fifth Circuit, Sierra Club v. U.S. Fish 
and Wildlife Service et al., F.3d 434, and the August 6, 2004, Ninth 
Circuit judicial opinion, Gifford Pinchot Task Force v. United States 
Fish and Wildlife Service). In response to these decisions, we are 
reviewing the regulatory definition of adverse modification in relation 
to the conservation of the 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 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 that 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 
deadlines. 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 are not already afforded by the protections

[[Page 33016]]

of the Act enumerated earlier, and they directly reduce the funds 
available for direct and tangible conservation actions.

Background

    We intend to discuss only those topics directly relevant to the 
designation of critical habitat in this final rule. For more 
information on Allium munzii, please refer to the final listing rule 
published in the Federal Register on October 13, 1998 (63 FR 54975), 
proposed critical habitat rule published in the Federal Register on 
June 4, 2004 (69 FR 31569), and the notice of availability of the draft 
economic analysis (DEA) and reopening of the public comment period for 
Allium munzii published in the Federal Register on December 1, 2004 (69 
FR 69878).

Previous Federal Action

    Please refer to the proposed rule to designate critical habitat for 
Allium munzii (69 FR 31569) and the notice of availability of the draft 
economic analysis and reopening of the public comment period for Allium 
munzii (69 FR 69878) for more information on previous Federal actions 
concerning Munz's onion.

Summary of Comments and Recommendations

    We requested written comments from the public on the proposed 
designation of critical habitat for Allium munzii (69 FR 31569) and the 
notice of availability of the draft economic analysis and reopening of 
the public comment period for Allium munzii ( 69 FR 69878). We also 
contacted appropriate Federal, State, and local agencies; scientific 
organizations; and other interested parties and invited them to comment 
on the proposed rule.
    During the comment period that opened on June 4, 2004, and closed 
on August 3, 2004, we received 7 comment letters directly addressing 
the proposed critical habitat designation: 3 from peer reviewers, 1 
from a Federal agency, and 3 from organizations or individuals. During 
the comment period that opened on December 1, 2004, and closed on 
January 3, 2005, we received 4 comment letters directly addressing the 
proposed critical habitat designation and the draft economic analysis. 
Of these latter comments, 1 was from a Federal agency, and 3 were from 
organizations. One commenter concurred with the designation of critical 
habitat for Allium munzii and 8 commenters recommended modifications to 
the proposed designation. Comments received were grouped into general 
issues specifically relating to the proposed critical habitat 
designation for Allium munzii and are addressed in the following 
summary and incorporated into the final rule as appropriate. We did not 
receive any requests for a public hearing.

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we solicited expert opinions from five knowledgeable 
individuals with scientific expertise that included familiarity with 
the species, the geographic region in which the species occurs, and 
conservation biology principles. We received responses from three of 
the peer reviewers. The peer reviewers provided additional information, 
clarifications, and suggestions to improve the final critical habitat 
rule. These recommendations included clarification of occurrences, 
improvements to the primary constituent elements, identification of 
essential occurrences, and correction of factual errors. Two of the 
peer reviewers recommended that the essential habitat and occurrences 
within the Western Riverside County Multiple-Species Habitat 
Conservation Plan (MSHCP) be designated as critical habitat. One of the 
peer reviewers agreed with the designation of critical habitat at 
Elsinore Peak and expressed cautious support of the areas excluded 
within the Western Riverside County MSHCP under section 4(b)(2) of the 
Act. Peer reviewer comments are addressed in the following summary and 
incorporated into the final rule as appropriate.
    We reviewed all comments received from the peer reviewers and the 
public for substantive issues and new information regarding critical 
habitat for Allium munzii, and addressed them in the following summary.

Peer Reviewer Comments

    Comment 1. Two peer reviewers disagreed with our exclusion of 
critical habitat within the Western Riverside County MSHCP based on our 
justification of the ``presumed effectiveness of approved and draft 
habitat conservation plans, in particular, the Western Riverside County 
MSHCP,'' and their concerns that ``known localities within the 
jurisdiction of the MSHCP currently have no established reserves, or 
proposed management procedures for this species.''
    Our Response. Under section 4(b)(2) of the Act, the ``Secretary may 
exclude any area from critical habitat if he determines that the 
benefits of such exclusion outweigh the benefits of specifying such 
areas as part of critical habitat, unless he determines, based on the 
best scientific and commercial data available, that the failure to 
designate such area as critical habitat will result in the extinction 
of the species concerned.'' We evaluated the benefits of excluding 
critical habitat against the benefits of including critical habitat 
within approved Habitat Conservation Plans (HCPs), including the 
Western Riverside County MSHCP, the Rancho Bella Vista HCP, and the 
Long-Term Stephen's Kangaroo Rat (SKR) HCP. A major benefit of 
exclusion is that it will allow us to continue to work with the 
signatory agencies in Riverside County (for the Western Riverside 
County MSHCP) in a spirit of cooperation and partnership and to 
encourage landowners, local jurisdictions, and other entities to work 
cooperatively with us to develop HCPs in other areas. A possible 
benefit of including critical habitat on such lands is education about 
the species and its habitat needs. However, we considered that this 
educational benefit has largely already been met by the public 
participation process that occurred in the development of approved 
HCPs, including the Western Riverside County MSHCP, and therefore, that 
this would not be a particularly important benefit of critical habitat 
designation. Maps depicting the distribution and location of Allium 
munzii are widely available to the public as part of the Western 
Riverside County MSHCP planning process. We have concluded, therefore, 
that the benefits of excluding critical habitat from such lands exceed 
the value of including the lands as critical habitat. See additional 
discussion under ``Exclusions Under Section 4(b)(2) of the Act.''
    Our approval of the Western Riverside County MSHCP indicates our 
strong belief that the plan will be effective in conserving Allium 
munzii. The Western Riverside County MSHCP provides specific 
conservation objectives to ensure that suitable habitat and known 
populations of Allium munzii will persist. Under the Western Riverside 
County MSHCP, at least 21,260 ac (8,604 ha) of modeled habitat for 
Allium munzii will be included in the MSHCP Conservation Area. The 
permittees will implement management and monitoring practices within 
the Additional Reserve Lands, including surveys for Allium munzii. 
Cooperative management and monitoring are anticipated on public and PQP 
lands. Surveys for Allium munzii will be conducted at least every 8 
years to verify occupancy at a minimum of 75 percent of the known 
locations. If surveys document that the distribution of Allium munzii 
has

[[Page 33017]]

declined below this 75 percent threshold, management measures will be 
triggered, as appropriate, to meet the species-specific objectives. 
Other management actions described in the MSHCP include addressing 
competition with non-native plant species, clay mining, off-road 
vehicle use, and disking activities. Implementation of these management 
actions will help to avoid and minimize adverse effects to Allium 
munzii. Thus, the Western Riverside County MSHCP establishes reserves 
and management procedures for Allium munzii.
    The Western Riverside County MSHCP provides a greater level of 
management for Allium munzii on private lands than would designation of 
critical habitat on private lands. The designation of critical habitat 
only affects activities conducted, funded, or permitted by Federal 
agencies. Section 7(a)(2) of the Act requires Federal agencies to 
ensure that actions they fund, authorize, or carry out are not likely 
to jeopardize the continued existence of any endangered or threatened 
species or destroy or adversely modify critical habitat. Critical 
habitat designation on private (non-Federal) lands would not obligate 
or trigger any requirement by a private (non-Federal) landowner to 
manage their lands to conserve Allium munzii.
    All known occurrences of this species would be protected: (1) By 
approved HCPs (Rancho Bella Vista and SKR HCPs); (2) on existing PQP 
lands, proposed conceptual reserve design lands, and lands targeted for 
conservation within the Western Riverside County MSCHP; and (3) in 
areas where a conservation strategy authorized through the section 7 
consultation process has provided for protection and long-term 
management of Allium munzii. Thus, we have concluded that the exclusion 
of such lands would not result in the extinction of Allium munzii. 
Please see ``Relationship of Critical Habitat to Approved Habitat 
Conservation Plans and Other Approved Conservation Strategies'' for a 
more detailed discussion.
    Comment 2. Two peer reviewers recommended that critical habitat be 
designated for additional known occurrences/populations and areas of 
suitable clay soils. These are: (1) Known occurrences at Harford 
Springs and Harford Springs County Park and adjacent clay habitat on 
the Gavilan Plateau (Elemental Occurrence (EO) 2); (2) all of the 
occurrences on and adjacent to Estelle Mountain (EO 9); (3) an 
occurrence south of Steele Peak (no element occurrence identified, 
possibly EO 15); (4) all of the habitat on Elsinore Peak and all 
localities on Elsinore Peak (EO 13); (5) an occurrence in the Temescal 
Wash near Indian Wash, and the area between Indian Wash and Horsethief 
Wash south of DePalma Road in Temescal Canyon (EO3 and EO8); (6) 
occurrences on the southern flank of Alberhill Mountain (EO 6); (7) 
occurrences on Bachelor Mountain (EO 12); and (8) an occurrence on 
North Domenigoni Hills (EO 10).
    One of the peer reviewers did not recommend critical habitat for 
the occurrences at Skunk Hollow (Rancho Bella Vista HCP) (EO 4), Briggs 
and Scott Roads (EO 14), or Indian Truck Trail and De Palma Roads 
(Sycamore Creek) (EO 7) because of the small size, fragmentation, and 
impacts to these populations. The peer reviewers did not provide the EO 
numbers for these populations and we attempted to match their 
descriptions with the EO for our response.
    Our Response. Considered together, the three categories of (1) 
approved HCPs (Rancho Bella Vista and SKR HCPs); (2) existing PQP 
lands, proposed conceptual reserve design lands, and lands targeted for 
conservation within the Western Riverside County MSCHP; and (3) lands 
where conservation strategies approved through the section 7 
consultation process have provided protection, long-term management, 
and funding to conserve Allium munzii provide a significant level of 
conservation for Allium munzii. Thus, all of the occurrences of Allium 
munzii within (1) approved HCPs (Rancho Bella Vista and SKR); (2) 
existing PQP lands, proposed conceptual reserve design lands, and lands 
targeted for conservation within the Western Riverside County MSCHP; 
and (3) on lands where conservation strategies approved through the 
section 7 consultation process have provided protection, long-term 
management, and funding to conserve Allium munzii.
    Within PQP lands, the species occurs on lands in: (1) The southern 
border of Harford Springs County Park (owned by the County of 
Riverside) (EO 2); (2) Barry Jones Wetland Mitigation Bank (previously 
called the Skunk Hollow Wetland Mitigation Bank) (private lands) (EO 
4); (3) Lake Mathews--Estelle Mountain Reserve northwest of the Estelle 
Mountain summit in the Gavilan Hills (owned by the County of Riverside) 
(EO 9); (4) Southwestern Riverside County Multi-Species Reserve 
(SRCMSR) in the north Domenigoni Hills on either side of Old Mine Road 
(owned by the Metropolitan Water District) (EO 10); (5) SRCMSR lands at 
Lake Skinner (owned by the Bureau of Land Management and Metropolitan 
Water District) (EO 11); (6) SRCMSR lands on the south slope of 
Bachelor Mountain (owned by the Metropolitan Water District) (EO 12); 
and (7) Elsinore Peak on the Cleveland National Forest (EO 13).
    Within proposed conceptual reserve lands, lands specifically 
targeted to be included within the Reserve, and/or within the Narrow 
Endemic Plant Species Survey Area, the plant occurs in: (1) Private 
lands across Ida Leona Road in the Gavilan Hills adjacent to Harford 
Springs County Park (EO 2); (2) private land immediately adjacent to 
the Sycamore Creek development, northwest of I-15 and Indian Truck 
Trail Road, in Temescal Canyon (EO 3 and EO 8); (3) Upper Dawson Canyon 
in the Gavilan Hills (EO 5); (4) private land on the south side of 
Alberhill Mountain, west of I-15, in the City of Lake Elsinore (EO 6); 
(5) private land east of I-15, west of De Palma's Italian Village, 
between Indian Canyon and Horsethief Canyon (EO7); (6) west of 
Lindenberger Road, 0.8 miles (mi) south of Scott Road, southeast of Sun 
City on a 36.3-ac (15 ha) parcel conserved as the result of a 
conservation strategy approved through the section 7 consultation 
process regarding a Sempra gas pipeline (Service 2001) and on a 65.5-ac 
(27 ha) parcel conserved as a result of a conservation strategy 
approved through the section 7 consultation process associated with the 
Warmington development (Service 2002) (EO 14); (7) northern boundary of 
the City of Lake Elsinore, within the North Peak Specific Plan Area on 
lands purchased and conserved by Riverside County (EO 15); (8) 1.2 mi 
northeast of the intersection of Lake Street and I-15 (EO 16); (9) land 
owned by Metropolitan Water District of Southern California on the 
north slope of Bachelor Mountain (EO 17); (10) Temescal Valley, west of 
I-15, between Nichols Road and Riverside Drive, on a low hill adjacent 
to Collier Marsh (Alberhill Marsh); and (11) near Temescal Wash (EO 
18).
    In addition, at least 21,260 ac (8,604 ha) of modeled habitat for 
Allium munzii will be included in the MSHCP Conservation Area (Service 
2004). According to the Western Riverside County MSHCP, at least 13 
localities within Temescal Valley and the southwestern portion of Plan 
Area, including the following Core Areas, are to be included within the 
MSHCP Conservation Area (County of Riverside 2002): (1) Harford Springs 
Park (EO 2); and (2) a population on private lands in Temescal Valley 
(EO 5), Alberhill (EO 6), De Palma Road (EO 7), Estelle Mountain (EO 
9), Domenigoni Hills (EO

[[Page 33018]]

10), Lake Skinner (EO 11), Bachelor Mountain (EO 12), Elsinore Peak (EO 
13), Scott Road (EO 14), North Peak (EO 15), and northeast of Alberhill 
(EO 16). Populations that are currently on public lands or within 
preservation areas include Harford Springs Park (about half the plants 
and habitat) (EO 2) and at Estelle Mountain (EO 7), North Domenigoni 
Hills (EO 10), Bachelor Mountain (two populations) (EO 11 and EO 12), 
North Peak (EO 15), and Cleveland National Forest lands at Elsinore 
Peak (EO 13) (County of Riverside 2002).
    The occurrence at the Sycamore Creek development (EO 3 and EO 8) 
receives management (funded through the homeowners' association; the 
management plan is to be provided to the resource agencies prior to any 
construction actions by the developer) as part of a conservation 
strategy approved through the section 7 consultation process. The 
occurrence on private lands west of Lindenberger Road (EO 14) receives 
management as part of a conservation strategy approved through section 
7 consultation processes for a Southern California Gas Company gas 
pipeline and the Warmington development.
    Thus, the nine occurrences recommended to be designated as critical 
habitat by the peer reviewers (EO 2, EO 3, EO 8, EO 6, EO 9, EO 10, EO 
12, EO 13, and EO 15) are already conserved (1) within approved HCPs 
(Rancho Bella Vista and SKR HCPs); (2) on existing PQP lands, proposed 
conceptual reserve design lands, and lands targeted for conservation 
within the Western Riverside County MSCHP; and (3) on lands where 
conservation strategies approved through the section 7 consultation 
process have provided protection, long-term management, and funding to 
conserve Allium munzii. We have excluded these lands, except for the 
occurrence on U.S. Forest Service lands, under section 4(b)(2) of the 
Act in this final rule.
    Comment 3. One peer reviewer noted that the large population of 
Allium munzii on State of California lands immediately adjacent to the 
Cleveland National Forest lands at Elsinore Peak is subject to 
increasing levels of off-highway vehicle (OHV) use. The commenter 
expressed concern that excluding this area from critical habitat may 
lead to further OHV (and other) damage to this population and would not 
give the State of California incentive to prevent this impact.
    Our Response. The Cleveland National Forest requested approval from 
the State Lands Commission to place barriers on State lands to 
discourage unauthorized OHV use in this area (U.S. Forest Service 
2002). We do not agree that the exclusion of critical habitat from the 
State lands may lead to further OHV damage or that the designation of 
critical habitat would give the State an incentive to prevent this 
activity. Designation of critical habitat only affects activities 
conducted, funded, or permitted by Federal agencies. Activities lacking 
any Federal nexus, such as OHV activity on State lands, would not be 
affected by the critical habitat designation.
    Comment 4. One peer reviewer suggested that the Service ``needs to 
designate areas that are ``critical'' to the species, and review the 
current management and protection procedures.
    Our Response. The definition of critical habitat includes areas 
containing the physical or biological features (1) essential to the 
conservation of the species and (2) which may require special 
management considerations or protection. If the physical or biological 
features are not essential or may not require special management 
considerations or protection, then the area would not meet the 
definition of critical habitat. Please see ``Special Management 
Considerations and Protection'' for a further discussion of this 
subject.
    Comment 5. Two peer reviewers (and a public review commenter) 
questioned the number and description of occurrences of Allium munzii 
described in the proposed rule.
    Our Response. The proposed rule stated that there are 19 
occurrences of Allium munzii according to the California Natural 
Diversity Database (CNDDB) (CNDDB 2004). We have reviewed the CNDDB 
records to clarify any discrepancies in the number of occurrences of 
Allium munzii (Service 2003). The CNDDB reported 21 element occurrences 
(EO) (Service 2003). Of these records, EO 1 is extirpated and EO 19 is 
an error. Thus, we concluded that there were 19 occurrences. Our 
further review of the CNDDB indicates that EO 20 and EO 21 are older 
records and have not been recently verified, and EO 3 and EO 8 may 
represent the same population and should be treated as a single 
occurrence. Hence, in the final rule, we describe 16 extant populations 
of Allium munzii (see also ``Criteria Used to Identify Critical 
Habitat'' for a listing of these 16 populations).

Comments Related to Designation and Exclusion of Critical Habitat

    Comment 1. Several commenters disagreed with our exclusion of 
critical habitat within approved HCPs including the Western Riverside 
County MSHCP. They stated that we did not provide any scientific or 
biological reasons for not including critical habitat within the 
boundaries of HCPs including the Western Riverside County MSHCP.
    Our Response. We disagree. Please see our response to Peer Reviewer 
Comment 1 for a detailed explanation.
    Comment 2. A commenter recommended that critical habitat be 
expanded to include important populations within HCP areas, including 
the extensive population on Alberhill, Harford County Park and adjacent 
lands, and North Peak.
    Our Response. We disagree. Please see our response to Peer Reviewer 
Comment 2 for a detailed explanation.
    Comment 3. A commenter stated that the Cleveland National Forest 
should not be designated as critical habitat because these lands are 
within the boundary of the Western Riverside County MSHCP.
    Our Response. We agree that the Cleveland National Forest lands are 
within the Western Riverside County MSHCP Plan Area. However, unlike 
private landowners and local jurisdictions, Federal agencies, such as 
the U.S. Forest Service, do not receive take authorization for any 
species covered by the Western Riverside County MSHCP. While lands 
within the Cleveland National Forest were considered as part of the 
environmental baseline, the U.S. Forest Service is not a signatory 
agency to the Western Riverside County MSHCP, nor is it they bound to 
comply with the regional HCP. Thus, we have only excluded private lands 
within the Western Riverside County MSHCP from critical habitat 
designation in this and other final critical habitat designation rules.

Comments Related to the Economic Analysis of Critical Habitat

    Comment 1. We received several comment letters related to the draft 
economic analysis (DEA) and proposed designation of critical habitat 
for the Lake Elsinore Advanced Pumped Storage Project (LEAPS).
    Our Response. We analyzed the information contained in the comment 
letters, soil maps, aerial photography, and distribution of Allium 
munzii populations along the easternmost edge of the proposed critical 
habitat unit. No known populations of Allium munzii occur within the 
LEAPS transmission line corridor, and the nearest population is west of 
the corridor on soils mapped as Bosanko clay (identified as a clay soil 
in the primary constituent element 1) and Las Posas gravelly 
loam (identified as a soil series of sedimentary or igneous origin with 
a clay subsoil in

[[Page 33019]]

primary constituent element 1). The soil maps indicate that 
the LEAPS transmission corridor crosses soils mapped as Cieneba-rock 
outcrop complex and the available information indicates that Allium 
munzii does not occur on this soil type. Thus, we have not included the 
LEAPS transmission corridor in the designation of critical habitat in 
the final rule. Since no critical habitat is being designated within 
the LEAPS transmission corridor, we did not, and do not need to, 
consider economic impacts related to the LEAPS project.
    Comment 2. A commenter stated that the DEA fails to clearly state 
that critical habitat has no legal implications on private lands and no 
burden on his/her property absent Federal nexus.
    Our Response. A description of the legal implications of critical 
habitat can be found in this Final Rule under ``Effects of Critical 
Habitat Designation.''
    Comment 3. We received several comments concerning the scope of the 
economic analysis. One commenter stated that distributing costs among 
other endangered species likely to co-exist with Allium munzii violates 
the co-extensive analysis that is required, while another commenter 
stated that the cost of Allium munzii conservation should not include 
costs associated with the listing of Allium munzii or other regulatory 
requirements (such as NEPA) that afford protection to the species.
    Our Response. The primary purpose of the economic analysis is to 
estimate the potential economic impacts associated with the designation 
of critical habitat for Allium munzii. The Act defines critical habitat 
to mean those specific areas that are essential to the conservation of 
the species. The Act also defines conservation to mean the use of all 
methods and procedures necessary to bring any endangered species or 
threatened species to the point at which the measures of the Act are no 
longer necessary. Thus we interpret the Act to mean that the economic 
analysis should include all of the economic impacts associated with the 
conservation of the species, which may include some of the effects 
associated with listing because the species was listed prior to the 
proposed designation of critical habitat. We note that the Act 
generally requires critical habitat to be designated at the time of 
listing, and, that had we conducted an economic analysis at that time, 
the impacts associated with listing would not be readily 
distinguishable from those associated with critical habitat 
designation.
    The DEA discusses other relevant regulations and protection efforts 
for other listed species that include Allium munzii and its habitat. In 
general, the analysis errs conservatively in order to make certain the 
economic effects have not been missed. It treats as ``co-extensive'' 
other Federal and State requirements that may result in overlapping 
protection measures (e.g., California Environmental Quality Act) for 
the plant. In some cases, however, non-habitat-related regulations will 
limit land use activities within critical habitat in ways that will 
directly or indirectly benefit Allium munzii or its habitat (e.g., 
local zoning ordinances). These impacts were not considered to be ``co-
extensive'' with Allium munzii listing or designation for two reasons. 
First, such impacts would occur even if Allium munzii were not listed. 
Second, we must be able to differentiate economic impacts solely 
associated with the conservation of Allium munzii and its habitat in 
order to understand whether the benefit of excluding any particular 
area from Allium munzii critical habitat outweighs the benefit of 
including the area.
    The economic analysis distributes the cost of conserving Allium 
munzii habitat equally among the number of other listed species likely 
to co-exist with Allium munzii as indicated by the historical 
consultations. None of the past Allium munzii consultations focused 
solely on Munz's onion but rather on other listed animal species co-
occurring in the area. Within a biological opinion that covers several 
species, we are unable to accurately segregate out the cost for an 
individual species from the rest of the species covered in the 
biological opinion.
    Comment 5. A few commenters stated that the DEA failed to address 
the implications of the Gifford Pinchot Task Force v. United States 
Fish and Wildlife Service (USFWS), 378 F.3d 1059, 1069 (Ninth Circuit 
2004) ruling on future Allium munzii conservation costs.
    Our Response: The Service notes that a recent Ninth Circuit 
judicial opinion, Gifford Pinchot Task Force v. USFWS, has invalidated 
the Service's regulation defining destruction or adverse modification 
of critical habitat. The Service is currently reviewing the decision to 
determine what effect it (and to a limited extent Center for Biological 
Diversity v. Bureau of Land Management (Case No. C-03-2509-SI, N.D. 
Cal.)) may have on the outcome of consultations pursuant to section 7 
of the Act.
    Comment 6. A commenter stated that additional explanation should be 
provided concerning the reasons behind the cost variation for the three 
historical real estate projects involving Service consultation on 
Allium munzii.
    Our Response. The EA estimates the historical costs associated with 
the Allium munzii conservation efforts on real estate development 
projects based on information contained within the three past 
consultations that included Allium munzii (Rancho Bella Vista, Sycamore 
Creek development, and the Warmington Murrieta Scott Road LLC 
subdivision). Each consultation addressed the impacts of the proposed 
action not only to Allium munzii but also to other listed species. The 
impacts to each project varied based on the amount of habitat being 
affected and the degree of impact. In general, projects that had to 
preserve more habitat had higher economic costs because the land could 
not be put to its highest economic use.
    Comment 7. A commenter stated that the DEA overestimates the 
historical cost associated with the conservation of Allium munzii 
because it inappropriately assumes that the cost affiliated with the 
conservation of Allium munzii is equally weighted with the other 
covered species when in fact conservation efforts for animal species 
involve higher costs than plant species.
    Our Response. While animal species may in fact involve higher level 
of monitoring and active management efforts, the DEA errs 
conservatively in order to make certain the past economic effects 
associated with the conservation of Allium munzii have not been 
understated.
    Comment 8. A commenter stated that the $30,000 estimate for Allium 
munzii's portion of the Western Riverside MSHCP preparation cost is an 
overestimation, because the section in the document addressing the 
plant is boilerplate rather than compiled from detailed research.
    Our Response. The DEA estimates the portion of the MSHCP 
preparation cost attributable to Allium munzii by equally distributing 
the total cost of the MSHCP preparation among 145 species covered by 
the MSHCP. While other covered species may in fact involve higher level 
of research and documentation, the DEA errs conservatively in order to 
make certain economic effects have not been understated. Although this 
is a simplistic approach for estimating the historical coextensive cost 
for Allium munzii, we do not believe that the error introduced by this 
method will have a significant effect on our final critical habitat 
decision.
    Comment 9. A commenter stated that the DEA fails to acknowledge any 
benefit of conserving a species that is threatened by extinction from

[[Page 33020]]

developments. The same commenter also requested that the final EA 
incorporate a quantitative estimate of benefits of open space since 
conservation of Allium munzii contributes to overall preservation of 
open space.
    Our Response. Section 4(b)(2) of the Act requires the Secretary to 
designate critical habitat based on the best scientific data available 
after taking into consideration the economic impact, and any other 
relevant impact, of specifying any particular area as critical habitat. 
Our approach for estimating economic impacts includes both economic 
efficiency and distributional effects. The measurement of economic 
efficiency is based on the concept of opportunity costs, which reflects 
the value of goods and services foregone in order to comply with the 
effects of the designation (e.g., lost economic opportunity associated 
with restrictions on land use). Where data are available, our analyses 
do attempt to measure the net economic impact. For example, the 
analysis recognizes the potential for benefits associated with the 
preservation of open space. It describes that in certain cases real 
estate development that effectively incorporates the Allium munzii 
habitat set-aside on-site might realize a value premium typically 
associated with additional open space. Any such premium will offset 
land preservation costs borne by landowners/developers. However, while 
this scenario remains a possibility, reliable data revealing the 
premium that the market places on nearby open space in Southern 
California is not readily available. Moreover, the value premium 
associated with habitat preservation is likely to be limited given that 
recreational uses associated with habitat preserves may be generally 
restricted to low-impact activities.
    The value of open space, along with other ancillary benefits, 
reflects broader social values, which are not the same as economic 
impacts. While the Secretary must consider economic and other relevant 
impacts as part of the final decision-making process under section 
4(b)(2) of the Act, the Act explicitly states that it is the 
government's policy to conserve all threatened and endangered species 
and the ecosystems upon which they depend. Thus we believe that 
explicit consideration of broader social values for the species and its 
habitat, beyond the more traditionally defined economic impacts, is not 
necessary as Congress has already clarified the social importance for 
us. As a practical matter, we note the difficulty in being able to 
develop credible estimates of such values as they are not readily 
observed through typical market transactions.
    Comment 10. A commenter stated that the DEA should explain how 
future management costs of Allium munzii habitat were estimated given 
that management requirements have not been clearly identified by the 
Western Riverside MSHCP/Natural Community Conservation Plans (NCCP).
    Our Response. The MSHCP budget reveals an average annual management 
cost of approximately $84 per acre, in 2004 dollars. Because the MSHCP 
does not list specific management requirements for Allium munzii, the 
Service relies on this overall per-acre cost to estimate future 
management cost for Allium munzii. We believe this to be a reasonable 
estimate to use in forecasting conservation costs.
    Comment 11. A commenter stated that, contrary to a statement made 
in the DEA that not every acre in the habitat contains Allium munzii or 
the primary constituent elements of habitat, the essential habitats all 
have primary constituent elements by definition.
    Our Response. This statement has been corrected in the EA.

Comments From States

    Section 4(i) of the Act states, the Secretary shall submit to the 
State agency a written justification for her failure to adopt 
regulations consistent with the State agency's comments or petition. 
The California Department of Fish and Game (CDFG) did not provide 
comments on the proposed rule to designate critical habitat for Allium 
munzii or the draft economic analysis for critical habitat for Allium 
munzii. In the case of other proposed rules for critical habitat, CDFG 
has supported the exclusion of NCCPs/HCPs that covered the particular 
species of interest. Consistent with their previous comments on other 
critical habitat rules, we have excluded critical habitat for Allium 
munzii from lands within the Western Riverside County MSHCP and other 
approved HCPs. No State lands are designated as critical habitat for 
Allium munzii.

Summary of Changes From Proposed Rule

    We are not including critical habitat along the eastern boundary of 
the Western Riverside County Unit because the area does not contain the 
primary constituent elements for Allium munzii. The soil maps indicate 
that the LEAPS transmission corridor crosses soils mapped as Cieneba-
rock outcrop complex and the available information indicates that 
Allium munzii does not occur on this soil type. Thus, we have not 
included the LEAPS transmission corridor in the designation of critical 
habitat in the final rule. This revision has resulted in a reduction 
from the proposed critical habitat of 227 ac (92 ha) to 176 ac (71 ha) 
in the final rule.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as (i) the 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management considerations 
or protection; and (ii) specific areas outside the geographic area 
occupied by a species at the time it is listed, upon a determination 
that such areas are essential for the conservation of the species. 
``Conservation'' means the use of all methods and procedures that are 
necessary to bring an endangered or a threatened species to the point 
at which listing under the Act is no longer necessary. No specific 
areas outside the geographical area occupied by Allium munzii at the 
time of listing are designated as critical habitat in this final rule. 
The area designated as critical habitat (Elsinore Peak in the Cleveland 
National Forest) was described in the final listing rule (63 FR 54975).
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 requires consultation on 
Federal actions that are likely to result in the destruction or adverse 
modification of critical habitat. The designation of critical habitat 
does not affect land ownership or establish a refuge, wilderness, 
reserve, preserve, or other conservation area. Such designation does 
not allow government or public access to private lands.
    To be included in a critical habitat designation, the habitat 
within the area occupied by the species must first have features that 
are ``essential to the conservation of the species.'' Critical habitat 
designations identify, to the extent known using the best scientific 
and commercial data available, habitat areas that provide essential 
life cycle needs of the species (i.e., areas on which are found the 
primary constituent elements, as defined at 50 CFR 424.12(b)).
    Habitat occupied at the time of listing may be included in critical 
habitat only if the essential features thereon may require special 
management or

[[Page 33021]]

protection. Thus, we do not include areas where existing management is 
sufficient to conserve the species. (As discussed below, such areas may 
also be excluded from critical habitat pursuant to section 4(b)(2).) 
Accordingly, when the best available scientific and commercial data do 
not demonstrate that the conservation needs of the species so require, 
we will not designate critical habitat in areas outside the geographic 
area occupied by the species at the time of listing. An area currently 
occupied by the species but that was not known to be occupied at the 
time of listing will likely be essential to the conservation of the 
species and, therefore, will be included in the critical habitat 
designation.
    The Service's Policy on Information Standards Under the Endangered 
Species Act, published in the Federal Register on July 1, 1994 (59 FR 
34271), and Section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) 
and the associated Information Quality Guidelines issued by the 
Service, provide criteria, establish procedures, and provide guidance 
to ensure that decisions made by the Service represent the best 
scientific and commercial data available. They require Service 
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 is generally the listing 
package for the species. Additional information sources include the 
recovery plan for the species, articles in peer-reviewed journals, 
conservation plans developed by States and counties, scientific status 
surveys and studies, biological assessments, or other unpublished 
materials and expert opinion or personal knowledge. All information is 
used in accordance with the provisions of Section 515 of the Treasury 
and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658) and the associated Information Quality Guidelines 
issued by the Service.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. 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.

Methods

    As required by section 4(b)(1)(A) of the Act, we used the best 
scientific and commercial data available in determining areas that are 
essential to the conservation of Allium munzii. These included data 
from research and survey observations published in peer-reviewed 
articles and other documents, 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 were evaluated and considered 
in the development of the final designation for Allium munzii. We 
designated no areas outside of the geographic area presently occupied 
by the species.
    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.
    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.

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 are required to base critical habitat determinations on the 
best scientific and commercial data available and to consider those 
physical and biological features (primary constituent elements (PCEs)) 
that are essential to the conservation of the species, and that may 
require special management considerations and protection. These 
include, but are not limited to: Space for individual and population 
growth and for normal behavior; food, water, air, light, minerals, or 
other nutritional or physiological requirements; cover or shelter; 
sites for breeding, reproduction, and rearing (or development) of 
offspring; and habitats that are protected from disturbance or are 
representative of the historic geographical and ecological 
distributions of a species.
    The specific primary constituent elements or biological and 
physical features required for Allium munzii are derived from the 
biological needs of the species as described in the background section 
of the proposed critical habitat rule (69 FR 31569).

Space for Individual and Population Growth and Food, Water, Air, Light, 
Minerals, or Other Nutritional or Physiological Requirements

    Allium munzii is restricted to mesic clay soils in western 
Riverside County, California, along the southern edge of the Perris 
basin (primary constituent elements 1 and 2). 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. Clay soil associations include Altamont, 
Auld, Bosanko, Claypit and Porterville clay soil types. At least one 
population (North Domenigoni Hills) was reported by Bramlet in 1991 to 
be associated with pyroxenite outcrops instead of clay (CNDDB 2003). 
Rounded cobbles and boulders are embedded within clay, which has a 
sticky, adobe consistency when wet and large cracks when dry. Allium 
munzii is typically found on the more mesic sites within the clay 
deposits (Boyd 1988). These mesic areas

[[Page 33022]]

within 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.
    The Western Riverside County Unit contains Bosanko clay soils 
identified as a clay soil series of sedimentary origin as well as Las 
Posas gravelly loam (identified as a soil series of sedimentary or 
igneous origin with a clay subsoil) at a suitable elevation for this 
species (primary constituent element 1 and 3). This 
unit is also within open native and non-native grassland plant 
communities (primary constituent element 1). The soils, 
aspect, elevation, and plant communities present in this unit provide 
space for individual and population growth. The soils, aspect, and 
elevation of the unit (primary constituent element 3) provide 
food, water, air, light, minerals and other nutritional and 
physiological requirements for Allium munzii.

Sites for Reproduction, Germination, or Pollination

    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, the plant communities where Allium 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 
herbaceous annuals, such as Harpagonella palmeri (Palmer's grappling 
hook), Chorizanthe polygonoides var. longispina (knot-weed spine 
flower), Achyrachaena mollis, Ancistrocarphus filagineus, Convolvulus 
simulans (small-flowered morning-glory), Erodium macrophyllum, and 
Microseris doulasii spp. Platycarpha (small-flowered microseris), and 
herbaceous perennials, such as Fritillaria biflora (chocolate lily), 
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). The plant communities within this unit provide 
sites for reproduction, germination, or pollination.

Disturbance, Protection, and the Historical Geographical Distributions

    The area designated as critical habitat is within the Cleveland 
National Forest (see also Western Riverside County Unit, Riverside 
County, California for a description of this unit). This locality 
represents the southwesternmost and highest elevation occurrence of 
Allium munzii. The Elsinore Peak population is considered to be the 
most undisturbed and pristine of any of the known occurrences of this 
species (Boyd and Mistretta 1991) (primary constituent element 
2). This population is estimated to be more than 1,000 plants 
and is ranked as a top conservation priority by a working group 
assembled by the California Department of Fish and Game (Mistretta 
1993). The Forest Service developed the Allium munzii Species 
Management Guide to ensure that ``National Forest lands are managed to 
maintain viable populations of all native plants and animals'' (U.S. 
Forest Service 1992). Thus, this location represents a significant 
habitat that is protected from disturbance and is within the historical 
geographical distribution of this species.

Primary Constituent Elements for Allium munzii

    Based on our current knowledge of the life history, biology, and 
ecology of the species and the requirements of the habitat to sustain 
the essential life history functions of the species, we have determined 
that primary constituent elements for Allium munzii are:
    (1) Clay soil series of sedimentary origin (e.g., Altamont, Auld, 
Bosanko, Claypit, Porterville), or clay lenses (pockets of clay soils) 
of such that 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 that 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) 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) 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); and,
    (4) Within areas of suitable clay soils, microhabitats that are 
moister than surrounding areas because of (A) north or northeast 
exposure or (B) seasonally available moisture from surface or 
subsurface runoff.
    All areas designated as critical habitat for Allium munzii are 
within the geographic area occupied by the species, were known to be 
occupied at the time of listing, and contain one or more primary 
constituent elements (e.g., soil, associated plant community) essential 
for its conservation.

Criteria Used To Identify Critical Habitat

    All areas known to support extant populations of Allium munzii are 
considered essential habitat for the species because they include those 
physical or biological features essential to the conservation of the 
species and which may require special management considerations or 
protection. Allium munzii is known only from a narrow geographical 
range and, within that range, is limited to clay soils. Currently 16 
populations of this plant are known to exist. Extant populations of 
Allium munzii occur at the following locations: (1) Southern border of 
Harford Springs County Park and extending onto private lands across Ida 
Leona Road in the Gavilan Hills (population estimates from surveys 
between 1986 and 1998 range from 2,000 to 51,000 plants) (EO 2); (2) 
private land immediately adjacent to the Sycamore Creek development, 
northwest of I-15 and Indian Truck Trail Road, in Temescal Canyon

[[Page 33023]]

(estimate of approximately 300 plants) (EO 3 and 8); (3) Barry Jones 
Wetland Mitigation Bank (Skunk Hollow Wetland Conservation Bank) 
(approximately 250 plants) (EO 4); (4) private land on the south flank 
of Upper Dawson Canyon in the Gavilan Hills (estimate of approximately 
2,000 plants) (EO 5); (5) private land on the south side of Alberhill 
Mountain, west of I-15, in the City of Lake Elsinore (estimate of 
approximately 7,700 plants) (EO 6); (6) private land east of I-15, west 
of De Palma's Italian Village, between Indian Canyon and Horsethief 
Canyon (estimate of approximately 1,000 plants) (EO7); (7) Lake 
Mathews--Estelle Mountain Reserve northwest of the Estelle Mountain 
summit in the Gavilan Hills (estimate of approximately 2,000 plants 
based on a 1986 survey) (EO 9); (8) Southwestern Riverside County 
Multi-Species Reserve (SRCMSR) in the north Domenigoni Hills on either 
side of Old Mine Road (estimate of approximately 440 plants) (EO 10); 
(9) south slope of Bachelor Mountain, along a maintenance road 
associated with Lake Skinner Dam (population estimates from surveys 
conducted between 1989 and 1992 range from 200 and 4,400 plants) (EO 
11); (10) south slope of Bachelor Mountain, about a mile east of the 
population described above (9) (estimate of approximately 150 
plants) (EO 12); (11) Elsinore Peak, west of the City of Lake Elsinore, 
on the Cleveland National Forest and adjacent State of California lands 
(population estimate of more than 1,000 plants) (EO 13); (12) west of 
Lindenberger Road, 0.8 miles south of Scott Road, southeast of Sun City 
on a 36.3-acre (15 ha) parcel and on a 65.5-acre (27 ha) associated 
with the Warmington development (estimate of approximately 1,000 plants 
prior to project impacts) (EO 14); (13) northern boundary of the City 
of Lake Elsinore, within the North Peak Specific Plan Area on lands 
purchased and conserved by Riverside County (estimate of several 
thousand plants) (EO 15); (14) private lands northeast of Alberhill, 
1.0 miles north of I-15 and 1.2 miles northeast of the intersection of 
Lake Street and I-15 (estimate of approximately 300 plants) (EO 16); 
(15) land owned by Metropolitan Water District of Southern California 
on the north slope of Bachelor Mountain (estimate of 2 plants) (EO 17); 
and (16) Temescal Valley, west of I-15, between Nichols Road and 
Riverside Drive, on a low hill adjacent to Collier Marsh (Alberhill 
Marsh) and near Temescal Wash (population estimate not known) (EO 18).
    We are designating critical habitat on lands we have determined 
were occupied at the time of listing and contain the primary 
constituent elements and those additional areas found to be essential 
to the conservation of Allium munzii.
    Section 10(a)(1)(B) of the Act authorizes us to issue permits for 
the take of listed species incidental to otherwise lawful activities. 
An incidental take permit application must be supported by a habitat 
conservation plan (HCP) that identifies conservation measures that the 
permittee agrees to implement for the species to minimize and mitigate 
the impacts of the requested incidental take. We often exclude non-
Federal public lands and private lands that are covered by an existing 
operative HCP and executed implementation agreement (IA) under section 
10(a)(1)(B) of the Act from designated critical habitat because the 
benefits of exclusion outweigh the benefits of inclusion as discussed 
in section 4(b)(2) of the Act. All but one occurrence of Allium munzii 
are in areas subject to: (1) Management plans related to approved HCPs 
(Rancho Bella Vista and SKR HCPs); (2) existing PQP lands, proposed 
conceptual reserve design lands, and lands targeted for conservation 
within the Western Riverside County MSCHP; and (3) conservation 
strategies approved through the section 7 consultation process that 
have provided protection, long-term management, and funding to conserve 
Allium munzii.
    When determining critical habitat boundaries, we made every effort 
to avoid designating developed areas such as buildings, paved areas, 
radio and communication towers, and other structures that lack PCEs for 
Allium munzii. Any such structures inadvertently left inside designated 
critical habitat boundaries are not considered part of the designated 
unit. This also applies to the land on which such structures sit 
directly. Therefore, Federal actions limited to these areas would not 
trigger section 7 consultations, unless they affect the species and/or 
primary constituent elements in adjacent critical habitat.
    A brief discussion of the area designated as critical habitat is 
provided in the description below. Additional detailed documentation 
concerning the essential nature of this area is contained in our 
supporting record for this rulemaking.

Special Management Considerations or Protections

    When designating critical habitat, we assess whether the areas 
determined to be essential for conservation may require special 
management considerations or protections. 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 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 rule, Allium munzii and its habitat 
are threatened by a number 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 Allium 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.
    The Western Riverside County Unit is entirely on Federal lands 
within the Cleveland National Forest (Cleveland NF). The Cleveland NF 
has developed a Species Management Guide for Allium munzii (Allium 
munzii) (Guide) (U.S. Forest Service 1992). The Guide, plus subsequent 
documentation from Cleveland NF (U.S. Forest Service 2002), describes 
threats to Allium munzii from off-road vehicles, competition from non-
native plants, wildfire management, development, habitat fragmentation, 
and species viability. The ongoing and pervasive nature of these 
threats demonstrates that the PCEs for Allium munzii require ongoing 
special management considerations or protection within this unit. For 
example, maintaining the integrity of the clay soils (primary 
constituent elements 1 and 2) to support Allium 
munzii requires the ongoing efforts by the Forest Service to control 
unauthorized off-road vehicle use and grazing in habitats occupied by 
Allium munzii. Grazing would have unacceptably high impacts on Allium 
munzii through trampling and compaction of the soil, and enhancement of 
non-native grass species populations (U.S. Forest Service 1992). 
Protecting surrounding lands from development, grading, and erosion 
that maintain the mesic microhabitat conditions require continued 
management oversight by the Forest Service (primary constituent element

[[Page 33024]]

3). In addition, fire management to sustain Allium munzii is 
under Forest Service control.
    The Guide includes a large number of management actions designed to 
reduce these specific threats to Allium munzii within the Cleveland NF: 
(1) Future development at the Elsinore Peak electronic site will be 
designed to avoid adverse effects to Allium munzii; (2) illegal off-
road vehicle activity in the Elsinore Peak area of the Trabuco Ranger 
District and other areas of Allium munzii habitat, as needed, will be 
eliminated through construction of barriers and fencing; (3) future 
management of the slopes of Elsinore Peak and other areas of Allium 
munzii habitat allows minimal development; (4) fire management of 
habitat includes a number of specific prescriptions (e.g., related to 
``free-burn'' areas, fuelbreaks and fire suppression activities, earth-
moving on slopes, location of fire camps, and site rehabilitation after 
fire; (5) the parcel of land in Section 36 that supports Allium munzii 
will be a high priority target for acquisition in future land 
exchanges; (6) the Cleveland NF will confer with California Department 
of Fish and Game and the Service regarding possible outplantings of 
Allium munzii and monitor outplantings; and (7) no new grazing 
allotments or special use permits for grazing will be issued for the 
Elsinore Peak area.
    The occurrences on non-Federal lands that are: (1) Within approved 
HCPs (Rancho Bella Vista and SKR HCPs); (2) on existing PQP lands, 
proposed conceptual reserve design lands, and lands targeted for 
conservation within the Western Riverside County MSCHP; and (3) on 
lands where conservation strategies approved through the section 7 
consultation process have provided protection, long-term management, 
and funding to conserve Allium munzii may require special management 
considerations or protection. Occurrences within the Western Riverside 
County MSHCP are threatened by competition with non-native plant 
species, clay mining, off-road vehicle use, and disking activities. The 
Western Riverside County MSHCP proposes that the Reserve Managers will 
manage known and future occurrences of this species to minimize these 
threats, and the persistence of 75 percent of the known locations will 
be monitored every 8 years. Other management actions described in the 
Western Riverside County MSHCP include addressing competition with non-
native plant species, clay mining, off-road vehicle use, and disking 
activities.
    The Rancho Bella Vista HCP provides both interim and long-term 
management to address threats to PCEs from development, invasive 
plants, trampling and fire. The SKR HCP provides for the establishment 
of core reserves, adaptive management of the reserve, and management 
and restoration of habitats for the Stephens' kangaroo rat. The core 
preserves and management plans reduce threats to the PCEs for Munz's 
onion by protecting habitat and limiting fragmentation of habitat from 
future urban and agricultural development; controlling trespass and 
unauthorized uses of preserve lands by the installation of barriers, 
gates, signage, and fences; fire management plans including fire break 
management, fire controls, and fire suppression logistics; and 
controlling recreation. Protecting habitat will maintain and minimize 
disturbances to suitable soils and vegetation communities associated 
with Allium munzii. Access and recreation management will protect 
occurrences of Allium munzii from impacts by off-highway vehicles and 
trampling. The fire management planning will avoid occurrences and 
maintain the vegetation communities associated with Allium munzii.
    The occurrence at the Sycamore Creek development (EO 3 and EO 8) 
was threatened by activities that would disturb or remove vegetation 
and Altamont clay soils. The occurrence on private lands west of 
Lindenberger Road (EO 14) was faced with similar threats to vegetation 
and soil disturbance and removal. Prior to the conservation of this 
occurrence, this population may have been affected by light grazing 
and/or dry land farming (CNDDB 2003).

Critical Habitat Designation

    Designated 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) of the Act. As a 
result, only Federal lands are designated as critical habitat. Table 1 
depicts areas determined to be essential to the Allium munzii, lands 
being excluded from critical habitat pursuant to section 4(b)(2) of the 
Act, and the approximate area designated as critical habitat for the 
Allium munzii by land ownership.

                        Table 1.--Summary of Essential Habitat Acreage for Allium munzii
----------------------------------------------------------------------------------------------------------------
                                       Federal*           Local/state           Private              Total
----------------------------------------------------------------------------------------------------------------
Essential habitat...............  176 ac (71 ha)....  73 ac (30 ha).....  995 ac (403 ha)...  1,244 ac (503 ha).
Excluded under 4(b)(2)..........  0 ac (0 ha).......  73 ac (30 ha).....  995 ac (403 ha)...  1,068 ac (433 ha).
Designated critical habitat.....  176 ac (71 ha)....  0 ac (0 ha).......  0 ac (0 ha).......  176 ac (71 ha).
----------------------------------------------------------------------------------------------------------------
* Federal lands include U.S. Forest Service lands.

Western Riverside County Unit, Riverside County, California (176 ac (71 
ha))

    As discussed above, the lands that are: (1) Approved HCPs (Rancho 
Bella Vista and SKR HCPs); (2) on existing PQP lands, proposed 
conceptual reserve design lands, and lands targeted for conservation 
within the Western Riverside County MSCHP; and (3) on lands where 
conservation strategies approved through the section 7 consultation 
process have provided protection, long-term management, and funding to 
conserve Allium munzii currently, or will, provide for the conservation 
of all known occurrences of Allium munzii. Only the habitat located on 
U.S. Forest Service lands is designated as critical habitat. This area 
was occupied at the time of listing, contains the primary constituent 
elements, is essential to the conservation of the species, requires 
special management, and the activities of Federal agencies are not 
covered under the Western Riverside County MSHCP 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.
    Designated 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 primary constituent elements discussed above. The habitat 
is

[[Page 33025]]

characterized by mixed native/non-native grassland and chaparral 
vegetation. Allium 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 Allium 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 southwesternmost 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 County MSHCP. All essential habitat on non-Federal lands 
within the Western Riverside County MSHCP Plan Area is excluded from 
critical habitat under section 4(b)(2) of the Act. Only the essential 
habitat that may require special management considerations or 
protection on Forest Service land is designated as critical habitat.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7 of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out are 
not likely to destroy or adversely modify critical habitat. In our 
regulations at 50 CFR 402.2, we define destruction or adverse 
modification as ``a direct or indirect alteration that appreciably 
diminishes the value of critical habitat for both the survival and 
recovery of a listed species. Such alterations include, but are not 
limited to: Alterations adversely modifying any of those physical or 
biological features that were the basis for determining the habitat to 
be critical.'' We are currently reviewing the regulatory definition of 
adverse modification in relation to the conservation of the species.
    Section 7(a) of the Act requires Federal agencies, including the 
Service, to evaluate their actions with respect to any species that is 
proposed or listed as endangered or threatened and with respect to its 
critical habitat, if any is proposed or designated. Regulations 
implementing this interagency cooperation provision of the Act are 
codified at 50 CFR part 402.
    Section 7(a)(4) of the Act requires Federal agencies to confer with 
us on any action that is likely to jeopardize the continued existence 
of a proposed species or result in destruction or adverse modification 
of proposed critical habitat. Conference reports provide conservation 
recommendations to assist the agency in eliminating conflicts that may 
be caused by the proposed action. We may issue a formal conference 
report if requested by a Federal agency. Formal conference reports on 
proposed critical habitat contain an opinion that is prepared according 
to 50 CFR 402.14, as if critical habitat were designated. We may adopt 
the formal conference report as the biological opinion when the 
critical habitat is designated, if no substantial new information or 
changes in the action alter the content of the opinion (see 50 CFR 
402.10(d)). The conservation recommendations in a conference report are 
advisory.
    If a species is listed or critical habitat is designated, section 
7(a)(2) 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 
action agency ensures that its actions do not destroy or adversely 
modify critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we also provide reasonable and prudent alternatives to the 
project, if any are identifiable. ``Reasonable and prudent 
alternatives'' are defined at 50 CFR 402.02 as alternative actions 
identified during consultation that can be implemented in a manner 
consistent with the intended purpose of the action, that are consistent 
with the scope of the Federal agency's legal authority and 
jurisdiction, that are economically and technologically feasible, and 
that the Director believes would avoid destruction or adverse 
modification of critical habitat. Reasonable and prudent alternatives 
can vary from slight project modifications to extensive redesign or 
relocation of the project. Costs associated with implementing a 
reasonable and prudent alternative are similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request reinitiation of 
consultation or conference with us on actions for which formal 
consultation has been completed, if those actions may affect designated 
critical habitat or adversely modify or destroy proposed critical 
habitat.
    Federal activities that may affect Allium munzii or its critical 
habitat will require section 7 consultation. Activities on private or 
State lands requiring a permit from a Federal agency, such as a permit 
from the U.S. Army Corps of Engineers under section 404 of the Clean 
Water Act, a section 10(a)(1)(B) permit from the Service, or some other 
Federal action, including funding (e.g., Federal Highway Administration 
or Federal Emergency Management Agency funding), will also continue to 
be subject to the section 7 consultation process. Federal actions not 
affecting listed species or critical habitat and actions on non-Federal 
and private lands that are not federally funded, authorized, or 
permitted do not require section 7 consultation.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may destroy or 
adversely modify such habitat, or that may be affected by such 
designation. Activities that may destroy or adversely modify critical 
habitat may also jeopardize the continued existence of the Allium 
munzii. Federal activities that, when carried out, may adversely affect 
critical habitat for the Allium munzii include, but are not limited to:
    (1) Actions that would permanently alter the function of the 
underlying clay soil layer to hold and retain water. Damage or 
alternation of the clay soil layer would eliminate the function of this 
primary constituent element for providing space for individual and 
population growth and for normal behavior; water and physiological 
requirements; and sites for breeding, reproduction, and pollination. 
Actions that could permanently alter the function of the underlying 
soil layer to hold and retain water include, but are

[[Page 33026]]

not limited to, mining, grading or earthmoving work that disrupts or 
rips into the soil layer.
    (2) Actions that would permanently degrade the plant community or 
the mesic microhabitats. Degradation of the plant community or 
microhabitat would reduce the ability of these primary constituent 
elements to provide space for individual and population growth; water 
and physiological requirements; and sites for breeding, reproduction, 
and pollination. Actions that could degrade these elements include, but 
are not limited to, erosion of sediments from fill material, and soils 
disturbed by grading, earthmoving work, off-highway vehicle use, 
grazing, vegetation removal, or road construction within the watershed 
of the mesic microhabitats.
    (3) 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 water flow 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.
    (4) 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.
    All lands designated 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 Allium 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 N.E. 11th Ave, Portland, OR 97232 (telephone 503/231-2063; 
facsimile 503/231-6243).

Exclusions Under 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 
(HCPs) and Other Approved Conservation Strategies

    Section 4(b)(2) of the Act requires us to consider other relevant 
impacts, in addition to economic 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.
    Under section 4(b)(2) of the Act, we have excluded critical habitat 
from non-Federal lands within: (1) Approved HCPs (Rancho Bella Vista 
and SKR HCPs); and (2) existing PQP lands, proposed conceptual reserve 
design lands, and lands targeted for conservation within the Western 
Riverside County MSCHP. We believe the benefits of excluding lands 
within these legally operative HCPs from the final critical habitat 
designation will outweigh the benefits of including them.
    In addition, we have excluded three areas where conservation 
strategies approved through the section 7 consultation process have 
provided protection, long-term management, and funding to conserve 
Allium munzii. Again, we believe the benefits of excluding these lands 
from the final critical habitat designation outweigh the benefits of 
including them. The analysis which led us to the conclusion that the 
benefits of excluding these areas exceed the benefits of designating 
them as critical habitat, and will not result in the extinction of the 
species, follows.
    Allium munzii is a covered species under the Western Riverside 
County MSHCP. The Western Riverside County MSHCP has three conservation 
objectives to conserve and monitor Allium munzii populations. First, 
the MSHCP Conservation Area includes at least 21,260 acres of modeled 
habitat (grassland, coastal sage scrub, chaparral and peninsular 
juniper woodland between 300 and 1,000 m in the Riverside Lowlands and 
Santa Ana Mountains Bioregions). This will

[[Page 33027]]

include at least 2,070 acres of clay soils: Altamont (190 acres), Auld 
(250 acres), Bosanko (600 acres), Claypit (100 acres), and Porterville 
(930 acres) soils underlying the suitable habitat. Second, the MSHCP 
Conservation Area includes at least 13 occurrences within Temescal 
Valley and the southwestern portion of the Plan Area, including the 
following Core Areas: Harford Springs Park, privately owned EO 5 
population in Temescal Valley, Alberhill, De Palma Rd, Estelle 
Mountain, Domenigoni Hills, Lake Skinner, Bachelor Mountain, Elsinore 
Peak, Scott Road, North Peak, and northeast of Alberhill (EO 16). 
Third, as part of the Western Riverside County MSHCP, surveys will be 
conducted for Allium munzii as part of the project review process for 
public and private projects within the Narrow Endemic Plant Species 
survey area where suitable habitat is present (see Narrow Endemic Plant 
Species Survey Area Map, Figure 6-1 of the MSHCP, Volume I). Allium 
munzii located as a result of survey efforts shall be conserved in 
accordance with procedures described within Section 6.1.3 of the MSHCP, 
Volume I. In addition, the MSHCP proposes that the Reserve Managers 
will manage known and future occurrences of this species for 
competition with non-native plant species, clay mining, off-road 
vehicle use, and disking activities and that the persistence of 75 
percent of the known locations will be monitored every 8 years. Other 
management actions described in the Western Riverside County 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 Rancho Bella Vista HCP provides both interim and long-term 
management for Allium munzii. Interim management actions were initiated 
upon approval of the HCP and included the maintenance of existing 
access controls, cleanup of conserved habitat areas where unauthorized 
trash dumping occurred, development of an interim management plan, and 
implementation of project-specific impact minimization and mitigation. 
Long-term management included transfer of the open space to an approved 
management agency, assessment of exotic plants, access control, 
development of a fire management plan and public information programs 
and materials, monitoring of sensitive plants and animals, and 
providing annual monitoring reports to the Service.
    The SKR HCP provides for the establishment of core reserves, 
adaptive management of the core reserves to ensure the permanent 
conservation, preservation, restoration of SKR and SKR habitats, and 
limiting projects within the core reserves. While these lands were 
conserved for the Stephens' kangaroo rat, the core preserves and 
management plans also provide a conservation benefit to Allium munzii 
by reducing threats to PCEs by ground disturbance, alteration of 
vegetation, and invasive plants.
    We have excluded three areas where conservation strategies approved 
through the section 7 consultation process have provided protection, 
long-term management, and funding to conserve Allium munzii. The 
strategy for the Sycamore Creek Development includes avoidance, 
preservation, and relocation of Altamont clay soils within an area 
protected by a conservation easement, and interim and long-term 
management and funding. To address effects to Allium munzii, the 
conservation strategy includes measures to avoid and preserve 18.3 
acres of Altamont clay soils on site in the conservation easement; 
relocate additional clay soils from the development area to the 
conservation easement for the purposes of restoring Allium munzii and 
Riversidean sage scrub; release additional clay soils for passive 
recolonization through removal of the paved surface of De Palma Road; 
relocate occupied clay soils within areas proposed for development to 
the wildlife corridor and/or other suitable conserved habitat; provide 
a funding mechanism to provide management of the on site conservation 
areas for Allium munzii; and prohibit the planting of invasive plant 
species adjacent to the corridor. The strategy for Southern California 
Gas Company includes the acquisition of a 36.3-acre site to conserve 
habitat for Allium munzii that includes 24.5 acres of Riversidean sage 
scrub and 11.82 acres of agricultural land, funding of a management 
endowment that assures the management of the 36.32-acres conservation 
area in perpetuity, and a preliminary and long-term management plan. 
The strategy for the Warmington Project includes avoidance and on-site 
conservation of the known occurrence of Allium munzii and adjacent 
potential habitat and the transfer of this 65.5-acre parcel of land to 
Riverside County Parks for protection and management. We concurred with 
the U.S. Army Corps of Engineers that the proposed project would not 
adversely affect Allium munzii because the applicant agreed to protect 
and conserve the known occurrence of Allium munzii and adjacent 
potential habitat in the south-central, 65.5-acre portion of the 
proposed site. In addition, Riverside County Parks has agreed to 
protect and manage this parcel for conservation.
(1) Benefits of Inclusion
    A benefit of including an area as critical habitat designation is 
the education of landowners and the public regarding the potential 
conservation value of these areas. The inclusion of an area as critical 
habitat may focus and contribute to conservation efforts by other 
parties by clearly delineating areas of high conservation values for 
certain species. However, we believe that this educational benefit has 
largely been achieved for Allium munzii. The public outreach and 
environmental impact reviews required under NEPA for the Rancho Bella 
Vista and SKR HCPs and Western Riverside County MSHCP provided 
significant opportunities for public education regarding the 
conservation of the areas occupied by Allium munzii. For instance, the 
Western Riverside County MSHCP identifies specific populations of 
Allium munzii for conservation. Therefore, we believe the education 
benefits which might arise from a critical habitat designation have 
largely already been generated as a result of the significant outreach 
for the Rancho Bella Vista and SKR HCPs and Western Riverside County 
MSHCP. Moreover, in our final listing rule (63 FR 54975), we noted 
that, where the species occurs, landowners are aware of its presence 
and status since all occurrences were known, including the populations 
on Forest Service land in the Cleveland National Forest, Harford 
Springs County Park, and lands managed by the Riverside County Habitat 
Conservation Agency.
    The areas excluded are currently occupied by the species. If these 
areas were designated as critical habitat, any actions with a Federal 
nexus that might adversely modify the critical habitat would require a 
consultation with us, as explained above, in the section of this notice 
entitled ``Effects of Critical Habitat Designation.'' However, inasmuch 
as this area is currently occupied by the species, consultation for 
activities with a Federal nexus which might adversely impact the 
species, including habitat modification, would be required even without 
the critical habitat designation.
    The Western Riverside County MSHCP provides a greater level of 
management for Allium munzii on private lands than would designation of 
critical habitat on private lands. Thus, consultation for Federal 
activities that

[[Page 33028]]

might adversely impact the species would be required even without the 
critical habitat designation. Moreover, inclusion of these non-Federal 
lands as critical habitat would not necessitate additional management 
and conservation activities that exceed the approved HCPs and their 
implementing agreements. The lands conserved by conservation strategies 
approved through the section 7 consultation process have no further 
Federal discretionary action and critical habitat would not result in 
the reinitiation of a section 7 consultation.
    In summary, we believe that designating critical habitat on any 
non-Federal lands that are: (1) Within approved HCPs; (2) on existing 
PQP lands, proposed conceptual reserve design lands, and on lands 
targeted for conservation within the Western Riverside County MSCHP; 
and (3) on lands where conservation strategies approved through the 
section 7 consultation process have provided protection, long-term 
management, and funding to conserve Allium munzii would provide little 
additional Federal regulatory benefits for the species. Under the 
Gifford Pinchot decision, critical habitat designations may provide 
benefits to recovery of a species different than was previously 
believed, but it is not possible to quantify this at present. Because 
the excluded areas are occupied by the species, there must be 
consultation with the Service over any action with a Federal nexus that 
may affect these populations. The additional educational benefits that 
might arise from critical habitat designation have been largely 
accomplished through the process of public review and comment on the 
environmental impact documents which accompanied the development of the 
Rancho Bella Vista and SKR HCPs and Western Riverside County MSHCP.
(2) Benefits of Exclusion
    The exclusion of critical habitat from non-Federal lands that are: 
(1) Within approved HCPs (Rancho Bella Vista and SKR HCPs); (2) on 
existing PQP lands, proposed conceptual reserve design lands, and lands 
targeted for conservation within the Western Riverside County MSCHP; 
and (3) on lands where conservation strategies approved through the 
section 7 consultation process have provided protection, long-term 
management, and funding to conserve Allium munzii would benefit permit 
holders and landowners because they would avoid any additional 
regulatory costs related to complying with the critical habitat 
designation. Since most of the occurrences of Allium munzii on non-
Federal lands are within the three categories stated immediately 
preceding, available funding would be directed towards conservation 
rather than toward complying with critical habitat requirements that 
would not provide the species with additional benefits. Excluding these 
lands from critical habitat would ensure that funding remains available 
for implementation, rather than spending limited resources on ensuring 
compliance with the regulatory requirements potentially triggered by a 
critical habitat designation that would not be likely to provide 
additional benefit to the species.
    We also believe that excluding these lands, and thus helping 
landowners avoid the additional costs that would result from the 
designation, will foster continued cooperation and partnership needed 
for implementation, and also that it will contribute to a more positive 
climate for HCPs and other active conservation measures that provide 
greater conservation benefits than would result from designation of 
critical habitat. In our final listing rule (63 FR 54975), we noted 
that the designation of critical habitat on lands owned by the 
Riverside County Habitat Conservation Agency would not change the way 
those lands are managed or require specific management actions to take 
place, and designation could be detrimental because of potential 
landowner misunderstandings about the real effects of critical habitat 
designation on private lands.
(3) The Benefits of Exclusion Exceed the Benefits of Inclusion
    We do not believe that the benefits from the designation of 
critical habitat for lands we have decided to exclude--a limited 
educational benefit and very limited regulatory benefit, which are 
largely otherwise provided for, as discussed above--exceed the benefits 
of exclusion that would allow for the avoidance of increased regulatory 
costs and would provide little or no benefit and a potential reduction 
in available implementation funding for conservation actions with 
partners.
    We also believe that excluding these lands, and thus helping 
landowners avoid the additional costs that would result from the 
designation, will contribute to a more positive climate for HCPs and 
other active conservation measures which provide greater conservation 
benefits than would result from designation of critical habitat. We 
therefore find that the benefits of excluding these areas from this 
designation of critical habitat outweigh the benefits of including them 
in the designation.
(4) Exclusion Will Not Result in Extinction of the Species
    We believe that exclusion of the three categories--(1) lands within 
approved HCPs (Rancho Bella Vista and SKR HCPs); (2) existing PQP 
lands, proposed conceptual reserve design lands, and lands targeted for 
conservation within the Western Riverside County MSCHP; and (3) lands 
where conservation strategies approved through the section 7 
consultation process have provided protection, long-term management, 
and funding to conserve Allium munzii--will not result in extinction of 
the species since these lands will be conserved and managed for the 
benefit of Allium munzii. Any actions with a Federal nexus that might 
adversely affect Allium munzii must undergo a consultation with the 
Service under the requirements of section 7 of the Act. The exclusions 
leave these protections unchanged. In addition, as discussed above, 
there are a substantial number of HCPs and other active conservation 
measures underway for the species, which provide greater conservation 
benefits than would result from a designation. There is accordingly no 
reason to believe that these exclusions would result in extinction of 
the species.

Economic Analysis

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial information 
available and to consider the economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of specifying such areas as critical 
habitat. We cannot exclude such areas from critical habitat when such 
exclusion will result in the extinction of the species concerned.
    Following the publication of the proposed critical habitat 
designation, we conducted an economic analysis to estimate the 
potential economic effect of the designation. The draft analysis was 
made available for public review on December 1, 2004 (69 FR 69878). We 
accepted comments on the draft analysis until January 3, 2005.
    The primary purpose of the economic analysis is to estimate the 
potential economic impacts associated with the designation of critical 
habitat for Allium munzii. This information is intended to assist the 
Secretary in making decisions about whether the benefits of excluding

[[Page 33029]]

particular areas from the designation outweigh the benefits of 
including those areas in the designation. This economic analysis 
considers the economic efficiency effects that may result from the 
designation, including habitat protections that may be coextensive with 
the listing of the species. It also addresses distribution of impacts, 
including an assessment of the potential effects on small entities and 
the energy industry. This information can be used by the Secretary to 
assess whether the effects of the designation might unduly burden a 
particular group or economic sector.
    This analysis focuses on the direct and indirect costs of the rule. 
However, economic impacts to land use activities can exist in the 
absence of critical habitat. These impacts may result from, for 
example, local zoning laws, State and natural resource laws, and 
enforceable management plans and best management practices applied by 
other State and Federal agencies. Economic impacts that result from 
these types of protections are not included in the analysis because 
they are considered to be part of the regulatory and policy baseline.
    Only U.S. Forest Service lands at Elsinore Peak within the 
Cleveland National Forest were designated as critical habitat in the 
final rule. The economic analysis projected $33,849 in cost impacts 
from 2005 to 2025 from the designation of critical habitat on U.S. 
Forest Service lands. The analysis estimated that the future costs 
associated with conservation efforts for Allium munzii (prescribed 
burning, fence replacement, fencing electric tower site, and 
monitoring) by the U.S. Forest Service was $26,146. The administrative 
cost to the U.S. Forest Service associated with future section 7 
consultations was estimated at $7,704. All other lands identified as 
essential habitat in the proposed rule were not designated as critical 
habitat in the final rule. No lands were excluded from critical habitat 
based on the economic impact under section 4(b)(2) of the Act.
    The final economic analysis and supporting documents are included 
in our administrative record and may be obtained by contacting U.S. 
Fish and Wildlife Service, Branch of Endangered Species (see ADDRESSES 
section) or for downloading from the Internet at http://carlsbad.fws.gov.

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule in that it may raise novel legal and policy issues, 
but will not have an annual effect on the economy of $100 million or 
more or affect the economy in a material way. Due to the tight timeline 
for publication in the Federal Register, the Office of Management and 
Budget (OMB) has not formally reviewed this rule. As explained above, 
we prepared an economic analysis of this action. We used 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. We also used it to help determine whether to exclude any area 
from critical habitat, as provided for under section 4(b)(2), if we 
determine that the benefits of such exclusion outweigh the benefits of 
specifying such area as part of the critical habitat, unless we 
determine, based on the best scientific and commercial data available, 
that the failure to designate such area as critical habitat will result 
in the extinction of the species.

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

    Under the Regulatory Flexibility Act (RFA) (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 
effect 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 an agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. The SBREFA amended the RFA to 
require Federal agencies to provide a statement of factual basis for 
certifying that the rule will not have a significant economic impact on 
a substantial number of small entities. The SBREFA also amended the RFA 
to require a certification statement.
    Small entities include small organizations, such as independent 
nonprofit organizations; small governmental jurisdictions, including 
school boards and city and town governments that serve fewer than 
50,000 residents; as well as small businesses. Small businesses include 
manufacturing and mining concerns with fewer than 500 employees, 
wholesale trade entities with fewer than 100 employees, retail and 
service businesses with less than $5 million in annual sales, general 
and heavy construction businesses with less than $27.5 million in 
annual business, special trade contractors doing less than $11.5 
million in annual business, and agricultural businesses with annual 
sales less than $750,000. To determine if potential economic impacts to 
these small entities are significant, we consider the types of 
activities that might trigger regulatory impacts under this rule, as 
well as the types of project modifications that may result. In general, 
the term ``significant economic impact'' is meant to apply to a typical 
small business firm's business operations.
    To determine if the rule could significantly affect a substantial 
number of small entities, we consider the number of small entities 
affected within particular types of economic activities (e.g., housing 
development, grazing, oil and gas production, timber harvesting). We 
apply the ``substantial number'' test individually to each industry to 
determine if certification is appropriate. However, the SBREFA does not 
explicitly define ``substantial number'' or ``significant economic 
impact.'' Consequently, to assess whether a ``substantial number'' of 
small entities is affected by this designation, this analysis considers 
the relative number of small entities likely to be impacted in an area. 
In some circumstances, especially with critical habitat designations of 
limited extent, we may aggregate across all industries and consider 
whether the total number of small entities affected is substantial. In 
estimating the number of small entities potentially affected, we also 
consider whether their activities have any Federal involvement.
    Designation of critical habitat only affects activities conducted, 
funded, or permitted by Federal agencies. Some kinds of activities are 
unlikely to have any Federal involvement and so will not be affected by 
critical habitat designation. In areas where the species is present, 
Federal agencies already are required to consult with us under section 
7 of the Act on activities they fund, permit, or implement that may 
affect Allium munzii. Federal agencies also must consult with us if 
their activities may affect critical habitat. Designation of critical 
habitat, therefore, could result in an additional economic impact on 
small entities due to the requirement to reinitiate consultation for 
ongoing Federal activities.
    The draft economic analysis (September 22, 2004) predicted 
potential costs for both lands included in the final designation and 
proposed for exclusion. In this final designation, as in the proposed 
designation, only U.S. Forest Service lands at Elsinore

[[Page 33030]]

Peak within the Cleveland National Forest were designated as critical 
habitat in the final rule; all other lands, namely private lands, have 
been excluded. Based on this analysis, it was determined that the total 
future impacts cost of the critical habitat designation to the Forest 
Service is $33,849, and the cost of past impacts is $9,101. In 
addition, it was projected that the Forest Service would incur an 
additional $7,704 in administrative costs for project modifications to 
forest management activities, such as access control (fencing and 
gating) and prescribed burning for Allium munzii conservation efforts.
    The special permit holders for the electric tower site include 
Riverside County, Spectrasite Communications, Inc., Comcast 
Corporation, and Elsinore Peak Facility Corporation. Of the four 
special permit holders, Elsinore Peak Facility Corporation is the only 
small entity. With annual revenue of $150,000, the potential impact to 
this small business is $250 to $1,000 (in 1 year) and represents 0.2 to 
0.4 percent of the revenue. No significant impact to small entities 
will likely result from this final designation of critical habitat. As 
such, we are certifying that this designation of critical habitat would 
not result in a significant impact on a substantial number of small 
entities and that a regulatory flexibility analysis is not required.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C 801 et 
seq.)

    Under SBREFA, this rule is not a major rule. Our detailed 
assessment of the economic effects of this designation is described in 
the economic analysis. Based on the effects identified in the economic 
analysis, we believe that this rule will not have an annual effect on 
the economy of $100 million or more, will not cause a major increase in 
costs or prices for consumers, and will not have significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of U.S.-based enterprises to compete with 
foreign-based enterprises. Refer to the final economic analysis for a 
discussion of the effects of this determination.

Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211 with 
respect to regulations that significantly affect energy supply, 
distribution, and use. Executive Order 13211 requires agencies to 
prepare Statements of Energy Effects when undertaking certain actions. 
This final rule to designate critical habitat for Allium munzii is not 
expected to significantly affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required. We have not designated 
critical habitat on U.S. Forest Service lands that fall within the 
LEAPS corridor. Our analysis indicates that the primary constituent 
elements are not present along the easternmost boundary of the proposed 
critical habitat unit and, therefore, those lands have not been 
designated as critical habitat.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we make 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, or 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 that otherwise require approval or 
authorization from a Federal agency for 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 
onto State governments.
    (b) We do not believe that this rule will significantly or uniquely 
affect small governments because it will not produce a Federal mandate 
of $100 million or greater in any year, that is, it is not a 
``significant regulatory action'' under the Unfunded Mandates Reform 
Act. The designation of critical habitat imposes no obligations on 
State or local governments. As such, Small Government Agency Plan is 
not required.

Federalism

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

[[Page 33031]]

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and that it meets the requirements of sections 3(a) and 
3(b)(2) of the Order. We are designating critical habitat in accordance 
with the provisions of the Endangered Species Act. This final 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 rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act. 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

    It is our position that, outside the Tenth Circuit, we do not need 
to prepare environmental analyses as defined by the NEPA in connection 
with designating critical habitat under the Endangered Species Act of 
1973, as amended. We published a notice outlining our reasons for this 
determination in the Federal Register on October 25, 1983 (48 FR 
49244). This assertion was upheld in the courts of the Ninth Circuit 
[Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. Ore. 1995), cert. 
denied 116 S. Ct. 698 (1996).]

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 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 Allium munzii 
has not been designated 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.

Regulation Promulgation

0
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of 
the Code of Federal Regulations as follows:

PART 17--[AMENDED]

0
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.


0
2. In Sec.  17.12(h), revise the entry for Allium munzii under 
``FLOWERING PLANTS'' to read as follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        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
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
3. In Sec.  17.96, amend paragraph (a) by adding an entry 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 (pockets of clay soils) 
of such that 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'' that 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 that 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) 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) 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); and,
    (iv) Within areas of suitable clay soils, microhabitats that are 
moister than surrounding areas because of (A) north or northeast 
exposure or (B) seasonally available moisture from surface or 
subsurface runoff.

[[Page 33032]]

    (3) Critical habitat for Allium munzii does not include existing 
features and structures, such as buildings, roads, aqueducts, 
railroads, airport runways, radio and communication towers, 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; 468700, 3718200; 468700, 
3717800; 468850, 3717800; 468850, 3717700; 468800, 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:
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[GRAPHIC] [TIFF OMITTED] TR07JN05.000



[[Page 33033]]


    Dated: May 31, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-11167 Filed 6-6-05; 8:45 am]
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