[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Proposed Rules]
[Pages 64930-64982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28869]



[[Page 64929]]

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Part IV





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Proposed Revised 
Critical Habitat for Brodiaea Filifolia (Thread-Leaved Brodiaea); 
Proposed Rule

  Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R8-ES-2009-0073]
[92210-1117-0000-B4]
RIN 1018-AW54


Endangered and Threatened Wildlife and Plants; Proposed Revised 
Critical Habitat for Brodiaea filifolia (thread-leaved brodiaea)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
revise designated critical habitat for Brodiaea filifolia (thread-
leaved brodiaea) under the Endangered Species Act of 1973, as amended 
(Act). Approximately 3,786 acres (ac) (1,532 hectares (ha)) of habitat 
fall within the boundaries of the proposed revised critical habitat 
designation, which is located in Los Angeles, San Bernardino, 
Riverside, Orange, and San Diego Counties in southern California.

DATES: We will accept comments received or postmarked from all 
interested parties on or before February 8, 2010. We must receive 
requests for public hearings, in writing, at the address shown in the 
FOR FURTHER INFORMATION CONTACT section by January 22, 2010.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-R8-
ES-2009-0073.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R8-ES-2009-0073; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: For general information on the 
proposed designation, contact Jim Bartel, Field Supervisor, U.S. Fish 
and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden 
Valley Road, Suite 101, Carlsbad, CA 92011; telephone (760) 431-9440; 
facsimile (760) 431-5901. If you use a telecommunications device for 
the deaf (TDD), call the Federal Information Relay Service (FIRS) at 
(800) 877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from the public, other concerned government 
agencies, the scientific community, industry, or other interested party 
concerning this proposed rule. We particularly seek comments 
concerning:
    (1) The reasons why we should or should not revise the designation 
of habitat as ``critical habitat'' under section 4 of the Endangered 
Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), 
including whether there are threats to the species from human activity, 
the degree of which can be expected to increase due to the designation, 
and whether that increase in threat outweighs the benefit of 
designation such that the designation of critical habitat is not 
prudent.
    (2) Specific information on:
     Areas that provide habitat for Brodiaea filifolia that we 
did not discuss in this proposed revised critical habitat rule,
     Areas within the geographical area occupied by the species 
at the time of listing containing the features essential to the 
conservation of B. filifolia that we should include in the designation 
and why,
     Areas outside the geographical area occupied by the 
species at the time of listing that are essential for the conservation 
of the species and why, and
     Any areas identified in this proposed revised critical 
habitat rule that should not be proposed as critical habitat and why.
     (3) Land-use designations and current or planned activities in the 
areas proposed as critical habitat, and their possible impacts on 
proposed critical habitat.
    (4) Comments or information that may assist us in identifying or 
clarifying the primary constituent elements (PCEs).
    (5) How the proposed revised critical habitat boundaries could be 
refined to more closely circumscribe the areas meeting the definition 
of critical habitat.
    (6) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designation. We are particularly interested in any impacts on small 
entities or families, and the benefits of including or excluding areas 
that exhibit these impacts.
     (7) Whether lands in any specific subunits being proposed as 
critical habitat should be considered for exclusion under section 
4(b)(2) of the Act by the Secretary, and whether the benefits of 
potentially excluding any particular area outweigh the benefits of 
including that area as critical habitat.
     (8) The Secretary's consideration to exercise his discretion under 
section 4(b)(2) of the Act to exclude lands proposed in Subunits 11a, 
11b, 11c, 11d, 11e, 11f, 11g, and 11h that are within the area 
addressed by the Western Riverside County Multiple Species Habitat 
Conservation Plan (Western Riverside County MSHCP), and whether such 
exclusion is appropriate and why.
     (9) The Secretary's consideration to exercise his discretion under 
section 4(b)(2) of the Act to exclude lands proposed in Subunits 4b, 
4c, and 4g that are within the area addressed by the Orange County 
Southern Subregion Habitat Conservation Plan (Orange County Southern 
Subregion HCP), and whether such exclusion is appropriate and why.
     (10) The Secretary's consideration to exercise his discretion 
under section 4(b)(2) of the Act to exclude lands proposed in Subunits 
7a, 7b, 7c, and 7d that are within the area addressed by the City of 
Carlsbad's Habitat Management Plan (Carlsbad HMP) under the 
Northwestern San Diego County Multiple Habitat Conservation Plan 
(MHCP), and whether such exclusion is appropriate and why.
     (11) The Secretary's consideration to exercise his discretion 
under section 4(b)(2) of the Act to exclude lands proposed in Unit 12 
that are within the area addressed by the County of San Diego Subarea 
Plan and the City of San Diego Subarea Plan under the San Diego 
Multiple Species Conservation Plan (MSCP), and whether such exclusion 
is appropriate and why.
    (12) Special management considerations or protection that the 
physical and biological features essential to the conservation of the 
species may require.
     (13) Information on any quantifiable economic costs or benefits of 
the proposed revised designation of critical habitat.
     (14) Information on the currently predicted effects of climate 
change on Brodiaea filifolia and its habitat.
    (15) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and

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understanding, or to better accommodate concerns and comments.
    Our final determination concerning critical habitat for Brodiaea 
filifolia will take into consideration all written comments and any 
additional information we receive during the comment period. These 
comments are included in the public record for this rulemaking and we 
will fully consider them in the preparation of our final determination. 
On the basis of public comments, we may, during the development of our 
final determination, find that areas within the proposed designation do 
not meet the definition of critical habitat, that some modifications to 
the described boundaries are appropriate, or that areas may or may not 
be appropriate for exclusion under section 4(b)(2) of the Act.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
consider comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including your personal identifying information--will be 
posted on the Web site. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Carlsbad Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).

Background

    It is our intent to discuss only those topics directly relevant to 
the proposed revision of critical habitat for Brodiaea filifolia. This 
proposed rule incorporates new information on family placement 
(biological taxonomic classification) and the distribution of B. 
filifolia that we did not discuss in the 2005 final critical habitat 
designation for this plant. No new information pertaining to the 
species' life history, ecology, or habitat was received following the 
2005 final critical habitat designation. A summary of topics that are 
relevant to this proposed revised critical habitat is provided below. 
For more information on B. filifolia, refer to the final listing rule 
published in the Federal Register on October 13, 1998 (63 FR 54975), 
and the designation of critical habitat for B. filifolia published in 
the Federal Register on December 13, 2005 (70 FR 73820). Additionally, 
more information on this species can be found in the five-year review 
for B. filifolia signed on August 13, 2009, which is available on our 
Web site at:  http//:www.fws.gov/Carlsbad.

Species Description

    Brodiaea filifolia is a perennial herb with dark-brown, fibrous-
coated corms (underground, bulb-like storage stem). Corms function 
similarly to bulbs such that they store water and nutrients during the 
dormant season (Smith 1997, p. 28). The flower stalks (scapes) are 8 to 
16 inches (in) (20 to 40 centimeters (cm)) tall. The leaves are basal, 
narrow, and shorter than the stalk, and the flowers are arranged in a 
loose umbel (all flowers are attached to the stalk at the same place 
and then radiate outward). Violet flowers start as tubes and then break 
into six spreading perianth (collective term for sepals and petals) 
segments that are 0.4 to 0.5 in (9 to 12 millimeters (mm)) long. The 
broad and notched anthers are 0.1 to 0.2 in (3 to 5 mm) long, and the 
fruit is a capsule (Munz 1974, pp. 877-878; Keator 1993, pp. 1180, 
1182; 63 FR 54975, p. 54976). Brodiaea filifolia can be distinguished 
from other species of Brodiaea that occur within its range (B. orcuttii 
(Orcutt's brodiaea), B. jolonensis (Mesa brodiaea), B. santarosae 
(Santa Rosa basalt brodiaea), and B. terrestris ssp. kernensis (dwarf 
brodiaea)) by its narrow, pointed staminodia (characteristic sterile 
stamens), short filament (flower part attaching the fertile anthers to 
the perianth), spreading perianth segments (saucer-shaped flower), and 
a thin perianth tube, which is subsequently split by developing fruit 
(Niehaus 1971, p. 37; Munz 1974, pp. 877-878; Chester et al. 2007, pp. 
191-196).

Species Biology and Life History

    The annual growth cycle of Brodiaea filifolia begins in fall when 
the first rains break the summer dormancy of the underground corm 
(Niehaus 1971, p. 4; Keator 1993, p. 1180). The leaves reach their full 
length during February and March (Niehaus 1971, p. 5). A solitary 
flower stalk grows from the corm in March or April and the flower 
period extends from late April to early June (CNPS 2001, p. 99; Niehaus 
1971, pp. 7-9). In some years, only a few flowers bloom within an 
occurrence; during other years, several thousand flowers can be found 
in the larger occurrences.
    In the summer months, the seed capsules of Brodiaea filifolia 
mature. The seeds are released and fall to the ground, either on the 
surface or into cracks in the soil. During fall and winter rains, the 
clay matrix hydrates, softens, and expands, which causes the cracks to 
close; following this soil hydration period, seedlings emerge with 
leaves and a specialized root. Seedlings of B. filifolia are equipped 
with a specialized, succulent contractile root that is lost by mature 
corms and facilitates the seasonal downward movement of the young plant 
(Niehaus 1971, p. 4). The contractile root swells with moisture in the 
wet season, creating space below the developing cormlet. As the soil 
dries, the contractile root dries and shrinks longitudinally, drawing 
the young cormlet downward in the soil. This process continues to a 
point at which the soil moisture is adequate to keep the contractile 
root from shrinking, resulting in the location of the corm in the 
appropriate soil horizon for survival. Cormlets produced annually from 
existing older corms also produce contractile roots that draw them 
laterally away from the parent corm (Niehaus 1971, p. 4).
    Brodiaea filifolia reproduces vegetatively by producing 
``cormlets'' that break off from the mature corms, and sexually by 
producing seeds (Niehaus 1971, p. 4). All species of Brodiaea examined 
to date are self-incompatible, meaning they are incapable of producing 
seeds with pollen from flowers on the same plant or from flowers of 
plants with the same allele (or different form of a gene) at the self-
incompatibility gene locus/loci (Niehaus 1971, p. 27). Therefore, 
cross-pollination from plants of the same species but with different 
alleles at this locus is necessary for successful reproduction to occur 
(Niehaus 1971, p. 27). Upon maturity, three segments of the vertically 
oriented capsules split apart, revealing many small (0.08 to 0.10 in 
long; 2 to 2.5 mm long) black seeds (Munz 1974, p. 878). The seeds are 
then dispersed as wind rattles the capsules (Smith 1997, p. 29). 
Dispersal of seeds from an individual is likely localized, leading to 
patches of plants with the same self-incompatible alleles. This means 
that effective pollination for seed set requires the maintenance of 
pollinator habitat and dispersal corridors. The vegetative reproduction 
of small cormlets by the corm allows individual plants to reproduce 
vegetatively; however, sexual reproduction by seeds is necessary to 
continue the process of sexual selection and evolution. Active 
pollinators in and

[[Page 64932]]

around occurrences of Brodiaea filifolia assure that the flowers will 
be pollinated and that viable seeds will be produced. Therefore, 
supporting and maintaining pollinators and pollinator habitat is 
essential for the long-term conservation of B. filifolia (Niehaus 1971, 
p. 27).

Habitat

    As described in the listing rule (October 13, 1998; 63 FR 54975, 
pp. 54976-54977), Brodiaea filifolia typically occurs on gentle 
hillsides, valleys, and floodplains within mesic (moderately moist), 
southern needlegrass grassland and alkali grassland plant communities 
that are associated with clay, loamy sand, or alkaline silty-clay soils 
(California Department of Fish and Game (CDFG) 1981, p. 3; Bramlet 
1993, pp. 6-7). Sites occupied by this species are frequently 
intermixed with (or near) coastal sage scrub, chaparral, or vernal pool 
habitat (63 FR 54975, p. 54976).
    We refined the description of suitable habitat in the 2005 final 
rule designating critical habitat for Brodiaea filifolia (70 FR 73820; 
December 13, 2005) in response to comments we received from peer 
reviewers. We stated that this species is usually found in herbaceous 
plant communities such as valley needlegrass grassland, valley sacaton 
grassland, nonnative grassland, alkali playa, southern interior basalt 
vernal pools, San Diego mesa hardpan vernal pools, and San Diego mesa 
claypan vernal pools (Holland 1986, pp. 34-37, 41, 44). Brodiaea 
filifolia also grows in open areas in shrub-dominated coastal sage 
scrub ecosystems (70 FR 73820, p. 73837). The herbaceous communities 
that B. filifolia is a part of occur in open areas on clay soils, soils 
with a clay subsurface, or clay lenses within loamy, silty loam, loamy 
sand, silty deposits with cobbles or alkaline soils, ranging in 
elevation from 100 feet (ft) (30 meters(m)) to 2,500 ft (765 m), 
depending on soil series. These soils facilitate the natural process of 
seed dispersal and germination, cormlet disposition or movement to an 
appropriate soil depth, and corm persistence through seedling and adult 
phases of flowering and fruit set (70 FR 73820, p. 73837).

Spatial Distribution and Historical Range

    The historical range of Brodiaea filifolia extends from the 
foothills of the San Gabriel Mountains in the City of Glendora (Los 
Angeles County), east to Arrowhead Hot Springs in the western foothills 
of the San Bernardino Mountains (San Bernardino County), and south 
through eastern Orange and western Riverside Counties to Rancho Santa 
Fe in central coastal San Diego County, California (California Natural 
Diversity Database (CNDDB) 2007).
    At the time of listing in 1998, 46 historical occurrences of 
Brodiaea filifolia were reported (63 FR 54975, p. 54977). Nine of these 
occurrences, most from San Diego County, were considered extirpated, 
leaving 37 occurrences presumed extant at the time of listing. Eight 
documented extant occurrences were not accounted for in the final 
listing rule because we lacked specific data on these occurrences. In 
our 2009 5-year review of B. filifolia, we reassessed the occurrence 
data on this species. Due to the discovery of new occurrences, 
regrouping of occurrences, and the extirpation of 3 occurrences after 
listing, we concluded in the 5-year review that there are now 68 extant 
(or presumed extant) occurrences of B. filifolia. Most importantly to 
our reassessment of this species were 23 additional occurrences 
detected within the known range of the species following the 1998 
listing. The identification of these new occurrences was a result of 
surveys conducted in locations that had not been surveyed prior to 
1998. These 23 occurrences are located in the following areas: (1) Four 
occurrences are in Orange County at Trampas Canyon, Middle Gabino, East 
Talega, and Prima Deshecha landfill; (2) ten occurrences are in San 
Diego County on Marine Corps Base Camp Pendleton (MCB Camp Pendleton); 
(3) seven occurrences are in San Diego County (outside of MCB Camp 
Pendleton) in the City of Oceanside (Arbor Creek, Vista Pacific, Buena 
Vista Creek Preserve), City of Carlsbad (Calavera Village H, Carlsbad 
Oaks), City of San Marcos (Oleander site), and at Artesian Trails near 
4S Ranch; and (4) two occurrences are in Riverside County along the San 
Jacinto River at the intersection of San Jacinto Avenue and Dawson 
Road, and on the Santa Rosa Plateau at Corona Cala Camino.
    For the purpose of this proposed revised critical habitat, we 
consider the areas where Brodiaea filifolia has been found since 
listing to be within the geographical area occupied by the species at 
the time of listing (1998). As with many species, greater efforts to 
conduct surveys may result in a greater number of known occurrences 
being identified (Ferren et al. 1995). The 23 new occurrences are all 
in relative proximity and in similar habitats to occurrences that were 
known at the time of listing. Additionally, B. filifolia is thought to 
have limited dispersal capabilities and is limited to specific habitat 
types making it unlikely that new occurrences are frequently 
established. Most of the new occurrences found since listing have 
population sizes of more than 1,000 plants, indicating that they were 
not recently established since it would take several years for an 
occurrence from a limited number of dispersing seeds to reach a 
population of this size. Therefore, we believe that all known 
occurrences of B. filifolia are within the geographical area occupied 
at the time this species was listed under the Act. Furthermore, 
additional translocated occurrences (occurrences moved from one 
location to another) are also within the geographical area occupied by 
the species at the time of listing.

Abundance

    The size of each Brodiaea filifolia population is often measured by 
counting numbers of standing flower stalks. Because many B. filifolia 
corms do not produce flowering stalks each year, this method of 
counting may result in a number of vegetative plants and corms going 
undetected in surveys (Taylor and Burkhart 1992, pp. 1-7; Morey 1995, 
p. 2; Vinje 2008, pers. comm.). For this reason, any number of 
individuals observed at a site should be considered an estimate of the 
minimum number of plants present. We consider these estimates useful in 
comparing the relative abundance of B. filifolia at various sites 
across the species' range because these numbers provide an approximate 
measure of the size of the occurrence.
    Some researchers have conducted studies to provide data on the 
ratio of flowering stalks to the actual number of individual Brodiaea 
filifolia plants that may be present at a site. A field study at the 
Santa Rosa Plateau Ecological Reserve revealed an 8:1 ratio of non-
flowering corms to flowering plants (12.5 percent flowered) (Morey 
1995, p. 2). At a residential development site in the City of Carlsbad, 
only 20 plants (0.25 percent) flowered, where 8,000 corms were later 
located (Taylor and Burkhart 1992, pp. 1-7). In 2007--a dry year--Vinje 
(2008, pers. comm.) reported that 14,373 vegetative B. filifolia plants 
were counted within three research plots at the Rancho La Costa 
occurrence in Carlsbad, but none of the plants flowered (Vinje 2008, 
pers. comm.). Even in a wet year, only 2 to 26 percent of the plants 
within the plots at Rancho La Costa flowered (Vinje 2008, pers. comm.). 
In this proposed revised critical habitat, we are using the number of 
flowering stalks at each site (i.e., the maximum recorded number) as a 
relative measure of the occurrence's

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size rather than an absolute measure of the occurrence size. In that 
context, the existing plant count data is useful in comparing the 
relative size of different occurrences to one another.
    To date, no systematic surveys of all known occurrences of Brodiaea 
filifolia have been conducted. There is little consistent range-wide 
information about abundance or population trends in B. filifolia. 
Current estimates suggest that the majority of B. filifolia occurrences 
contain 2,000 or fewer individuals (Service 2009, pp. 8-13). The areas 
containing the largest occurrences (3,000 or more) are at the following 
locations: San Dimas in Los Angeles County; Santa Rosa Plateau 
Ecological Reserve, San Jacinto Wildlife Area, Case Road, and Railroad 
Canyon in Riverside County; Aliso and Wood Canyon Wilderness Park, and 
Cristianitos Canyon in Orange County; and Upham, Oleander/San Marcos 
Elementary, Rancho Carrillo, Letterbox Canyon, Rancho La Costa, and 
Taylor/Darwin in San Diego County.

Taxonomy and Family Placement - Movement of Brodiaea From Liliaceae 
(Lily Family) to Themidaceae (Cluster Lily Family)

    The name and description of Brodiaea filifolia have not changed 
since listing under the Act. However, as described below, the family in 
which the plant is placed has changed from Liliaceae (lily family) to 
Themidaceae (cluster lily family). Additionally, plants that were 
previously identified as hybrids and not pure B. filifolia have now 
been described as a new species, B. santarosae. Pires (2007, p. 1) and 
Preston (2007, pers. comm.) intend to include Brodiaea santarosae as a 
separate species in their treatment of the genus Brodiaea for the 
revision of the Jepson Manual that is in progress; this is based on 
their assessment of Chester et al. (2007, pp. 187-198). The following 
text describes movement of the genus Brodiaea from Liliaceae to 
Themidaceae.
    When we listed Brodiaea filifolia as a threatened species on 
October 13, 1998 (63 FR 54975), it was considered part of a large and 
broadly defined family known as Liliaceae. Brodiaea and several other 
genera including Bloomeria, Dichelostemma, Triteleia, and Allium 
historically were placed in the Amaryllidaceae (amaryllis family) or 
the Liliaceae based on perceived importance of characters related to 
the position of the ovary or the inflorescence type. Salisbury (1866) 
recognized a group of several genera that includes taxa now named 
Brodiaea as a family, which was distinct from Allium and other genera 
in the Liliaceae, and subsequently named the new family Themidaceae 
(Salisbury 1866, pp. 84-87). Recent molecular and anatomical studies 
support recognition of Salisbury's Themidaceae family. First, Fay and 
Chase (1996, pp. 441-451) present evidence that several genera, 
including Triteleia, Brodiaea, Bloomeria, and Dichelostemma, form a 
distinct group for which the earliest name available for this group at 
the family rank is Themidaceae. Second, genera in the Themidaceae share 
a common ancestor (the included members are termed monophyletic) that 
is supported by phylogenetic analyses of morphological data and plastid 
DNA sequences (Pires et al. 2001, pp. 601-626; Pires and Sytsma 2002, 
pp. 1342-1359). Genetic and morphological analysis of members of the 
Themidaceae, as described by Salisbury and other related groups, 
support the placement of the genus Brodiaea into the Themidaceae (Pires 
et al. 2001, pp. 610-626).
    Brodiaea is retained in the family Liliaceae in the recent Flora of 
North America (Pires 2002, p. 321); however, the author of the family 
description (Utech 2002, p. 52) includes a table that lists Brodiaea as 
a member of the Themidaceae and states that the available evidence 
strongly supports dismemberment of the Liliaceae. The family 
Themidaceae, including Brodiaea, will be recognized as a family 
separate from Liliaceae in the upcoming revision of the Jepson Manual 
(Pires 2007, p. 1; Preston 2007, pers. comm.). We have reviewed this 
material and we are in agreement with the change from Liliaceae to 
Themidaceae. As part of this rule, we propose to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations 
to reflect the transfer of B. filifolia from Liliaceae to Themidaceae. 
This transfer does not alter the definition or distribution of B. 
filifolia.

Previous Federal Actions

    We published our final designation of critical habitat for Brodiaea 
filifolia on December 13, 2005 (70 FR 73820). The Center for Biological 
Diversity filed a complaint in the U.S. District Court for the Southern 
District of California on December 19, 2007, challenging our 
designation of critical habitat for B. filifolia and Navarretia 
fossalis (Center for Biological Diversity v. United States Fish and 
Wildlife, et al., Case No. 07-CV-02379-W-NLS). In a settlement 
agreement dated July 25, 2008, we agreed to reconsider the critical 
habitat designation for B. filifolia. The settlement stipulated that 
the Service shall submit a proposed revised critical habitat 
designation for B. filifolia to the Federal Register by December 1, 
2009, and submit a final revised critical habitat designation to the 
Federal Register by December 1, 2010.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical 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
    (a) essential to the conservation of the species and
    (b) which may require special management considerations or 
protection; and
     (2) Specific areas outside the geographical 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, as defined under section 3 of the Act, means the use 
of all methods and procedures that are necessary to bring any 
endangered or threatened species to the point at which the measures 
provided under the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management, such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot otherwise be 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7(a)(2) of the 
Act through the prohibition against Federal agencies carrying out, 
funding, or authorizing activities that are likely to result in the 
destruction or adverse modification of critical habitat. Section 
7(a)(2) requires consultation on Federal actions that may affect 
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 the government 
or public to access private lands. Such designation does not require 
implementation of restoration, recovery, or enhancement measures by 
non-Federal landowners. Where a landowner seeks or requests Federal 
agency funding or authorization for an action that may affect a listed 
species or critical habitat, the consultation requirements of section 
7(a)(2) of the Act would apply, but even in the event

[[Page 64934]]

of a destruction or adverse modification finding, the Federal action 
agency's and the applicant's obligation is not to restore or recover 
the species, but to implement reasonable and prudent alternatives to 
avoid destruction or adverse modification of critical habitat.
    For inclusion in a critical habitat designation, the habitat within 
the geographical area occupied by the species at the time of listing 
must contain physical and biological features that are essential to the 
conservation of the species, and be included only if those features may 
require special management considerations or protection. Critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, habitat areas supporting the 
essential physical or biological features that provide essential life 
cycle needs of the species; that is, areas on which are found the 
primary constituent elements (PCEs) laid out in the appropriate 
quantity and spatial arrangement essential to the conservation of the 
species. Under the Act and regulations at 50 CFR 424.12, we can 
designate critical habitat in areas outside the geographical area 
occupied by the species at the time it is listed only when we determine 
that those areas are essential for the conservation of the species and 
that designation limited to the species' present range would be 
inadequate to ensure the conservation of the species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific and commercial data available. 
Further, our Policy on Information Standards Under the Endangered 
Species Act (published in the Federal Register on July 1, 1994 (59 FR 
34271)), the Information Quality Act (section 515 of the Treasury and 
General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658)), and our associated Information Quality Guidelines 
provide criteria, establish procedures, and provide guidance to ensure 
that our decisions are based on the best scientific data available. 
They require our biologists, to the extent consistent with the Act and 
with the use of the best scientific data available, to use primary and 
original sources of information as the basis for recommendations to 
designate critical habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information developed during the listing process for the species. 
Additional information sources may 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.
    Habitat is often dynamic, and species may move from one area to 
another over time. In particular, we recognize that climate change may 
cause changes in the arrangement of occupied habitat patches. Current 
climate change predictions for terrestrial areas in the Northern 
Hemisphere indicate warmer air temperatures, more intense precipitation 
events, and increased summer continental drying (Field et al. 1999, pp. 
1-3; Hayhoe et al. 2004, p. 12422; Cayan et al. 2005, p. 6; 
Intergovernmental Panel on Climate Change 2007, p. 11; Cayan et al. 
2009, p. xi). Additionally, the southwestern region of the country is 
predicted to become drier and hotter overall (Hayhoe et al. 2004, 
p.12424; Seager et al. 2007, p. 1181). Climate change may also affect 
the duration and frequency of drought and these climatic changes may 
become even more dramatic and intense (Graham 1997). Documentation of 
climate-related changes that have already occurred in California (Croke 
et al. 1998, pp. 2128, 2130; Brashears et al. 2005, p. 15144), and 
future drought predictions for California (e.g., Field et al. 1999, pp. 
8-10; Lenihen et al. 2003, p. 1667; Hayhoe et al. 2004, p. 12422; 
Brashears et al. 2005, p. 15144; Seager et al. 2007, p. 1181) and North 
America (IPCC 2007, p. 9) indicate prolonged drought and other climate-
related changes will continue in the foreseeable future.
    We anticipate these changes will affect Brodiaea filifolia habitat 
and occurrences. For example, if the amount and timing of precipitation 
or the average temperature increases in southern California, the 
following four changes may affect the long-term viability of B. 
filifolia occurrences in their current habitat configuration: (1) Drier 
conditions may result in a lower percent germination and smaller 
population sizes; (2) a shift in the timing of the annual rainfall may 
favor nonnative species that impact the quality of habitat for this 
species; (3) warmer temperatures may affect the timing of pollinator 
life-cycles causing pollinators to become out-of-sync with timing of 
flowering B. filifolia; and (4) drier conditions may result in 
increased fire frequency, making the ecosystems in which B. filifolia 
currently grows more vulnerable to the threats of subsequent erosion 
and nonnative/native plant invasion.
    At this time, we are unable to identify the specific ways that 
climate change will impact Brodiaea filifolia, therefore, we are unable 
to determine what additional areas, if any, may be appropriate to 
include in the proposed revised critical habitat for this species. We 
specifically request information from the public on the currently 
predicted effects of climate change on B. filifolia and its habitat. 
Additionally, we recognize that critical habitat designated at a 
particular point in time may not include all of the habitat areas that 
we may later determine are necessary for the recovery of the species. 
For these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not promote 
the recovery of the species.
    Areas that support occurrences, but are outside the critical 
habitat designation, will continue to be subject to conservation 
actions we and other Federal agencies implement under section 7(a)(1) 
of the Act. They are also subject to the regulatory protections 
afforded by the section 7(a)(2) jeopardy standard, as determined on the 
basis of the best available scientific information at the time of the 
agency 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 (HCPs), 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) of the Act, we used the best scientific 
and commercial data available in determining which areas within the 
geographic area occupied by the species at the time of listing contain 
the features essential to the conservation of Brodiaea filifolia, and 
which areas outside the geographical area occupied at the time of 
listing are essential for the conservation of B. filifolia. We reviewed 
the 2005 final critical habitat designation for B. filifolia (70 FR 
73820), information from state, Federal, and local government agencies, 
and information from academia and private organizations that collected 
scientific data on the species. We also used the information provided 
in the 5-year review for B. filifolia (Service 2009, pp. 1-47). Other 
information we used for this proposed revised critical habitat

[[Page 64935]]

includes: CNDDB (CNDDB 2009, pp. 1-73); data and information included 
in reports submitted during consultations under section 7 of the Act; 
information contained in analyses for individual and regional HCPs 
where B. filifolia is a covered species; data collected on MCB Camp 
Pendleton; data collected from reports submitted by researchers holding 
recovery permits under section 10(a)(1)(A) of the Act; information 
received from local species experts; published and unpublished papers, 
reports, academic theses, or surveys; Geographic Information System 
(GIS) data (such as species occurrence data, soil data, land use, 
topography, aerial imagery, and ownership maps); and correspondence to 
the Service from recognized experts. We are not currently proposing any 
areas as critical habitat that are outside the geographical area 
occupied by the species at the time of listing because we have 
determined that we can conserve this species by including in critical 
habitat a subset of areas that were occupied at the time of listing (28 
of 68 occurrences known to be occupied are proposed as critical 
habitat).

Physical and Biological Features

    In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and 
regulations at 50 CFR 424.12(b), in determining which areas within the 
geographical area occupied at the time of listing to propose as revised 
critical habitat, we consider those physical and biological features 
that are essential to the conservation of the species and which may 
require special management considerations or protection. We consider 
the essential physical and biological features to be the PCEs laid out 
in the appropriate quantity and spatial arrangement essential to the 
conservation of the species. The PCEs include, but are not limited to:
    (1) Space for individual and population growth and for normal 
behavior;
    (2) Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    (3) Cover or shelter;
    (4) Sites for breeding, reproduction, and rearing (or development) 
of offspring; and
     (5) Habitats that are protected from disturbance or are 
representative of the historical, geographical, and ecological 
distributions of a species.
    We derive the PCEs required for Brodiaea filifolia from its 
biological needs. The areas included in our proposed revised critical 
habitat for B. filifolia contain the appropriate soils and associated 
vegetation at suitable elevations, and adjacent areas necessary to 
maintain associated physical processes such as a suitable hydrological 
regime. The areas provide suitable habitat, water, minerals, and other 
physiological needs for reproduction and growth of B. filifolia, as 
well as habitat that supports pollinators of B. filifolia. The PCEs and 
the resulting physical and biological features essential to the 
conservation of B. filifolia are derived from studies of this species' 
habitat, ecology, and life history as described in the Background 
section of this proposed rule, and the previous critical habitat rule 
(70 FR 73820; December 13, 2005), and in the final listing rule (63 FR 
54975; October 13, 1998).
Space for Individual and Population Growth, and for Normal Behavior
    Habitats that provide space for growth and persistence of Brodiaea 
filifolia include areas: (1) With combinations of appropriate elevation 
and clay or clay-associated soils, on mesas or low to moderate slopes 
that support open native or annual grasslands within open coastal sage 
scrub or coastal sage scrub-chaparral communities; (2) in floodplains 
or in association with vernal pool or playa complexes that support 
various grassland or scrub communities; (3) on soils derived from 
olivine basalt lava flows on mesas and slopes that support vernal pools 
within grassland, oak woodland, or savannah communities; or (4) on 
sandy loam soils derived from basalt and granodiorite parent material 
with deposits of cobbles and boulders supporting intermittent seeps, 
and open marsh communities. Despite the wide range of habitats where B. 
filifolia occurs, this species occupies a specific niche of habitat 
that is moderately wet to occasionally wet.
Food, Water, Air, Light, Minerals, or Other Nutritional or 
Physiological Requirements
    All members of the genus Brodiaea require full sun and many tend to 
occur on only one or a few soil series (Niehaus 1971, pp. 26-27). 
Brodiaea filifolia occurs on several formally named soil series, but 
these are all primarily clay soils with varying amounts of sand and 
silt. In this proposed rule, we listed all the mapped soils that 
overlap with the distribution of B. filifolia. Sometimes clay soils 
occur as inclusions within other soil series, as such, we have named 
those other soil series in this rule. Another reason that there are 
many differently named soil series is because this species occurs in 
five counties, each of which has uniquely named soils. Despite the 
diversity in named soil series, B. filifolia is a clay soils endemic 
and always occurs on soils with a clay component.
    In San Diego, Orange, and Los Angeles Counties, occurrences of 
Brodiaea filifolia are highly correlated with specific clay soil series 
such as, but not limited to: Alo, Altamont, Auld, and Diablo or clay 
lens inclusions in a matrix of loamy soils such as Fallbrook, 
Huerhuero, and Las Flores series (63 FR 54975, p. 54978; CNDDB 2009, 
pp. 1-76; Service GIS data 2009). These soils generally occur on mesas 
and hillsides with gentle to moderate slopes, or in association with 
vernal pools. These soils are generally vegetated with open native or 
nonnative grassland, open coastal sage scrub, or open coastal sage 
scrub-chaparral communities. In San Bernardino County, the species is 
associated with Etsel family-Rock outcrop-Springdale and Tujunga-Urban 
land-Hanford soils (Service GIS data 2009). These soils are generally 
vegetated with open native and nonnative grasslands, open coastal sage 
scrub, or open coastal sage scrub-chaparral communities.
    In western Riverside County, the species is often found on alkaline 
silty-clay soil series such as, but not limited to, Domino, 
Grangeville, Waukena, and Willows underlain by a clay subsoil or 
caliche (a hardened gray deposit of calcium carbonate). These soils 
generally occur in low-lying areas and floodplains or are associated 
with vernal pool or playa complexes. These soils are generally 
vegetated with open native and nonnative grasslands, alkali grassland, 
or alkali scrub communities. Also in western Riverside County, the 
species is found on clay loam soils underlain by heavy clays derived 
from basalt lava flows (i.e., Murrieta series on the Santa Rosa 
Plateau) (Bramlet 1993, p. 1; CNDDB 2009, pp. 1-76; Service GIS data 
2009). These soils generally occur on mesas and gentle to moderate 
slopes or are associated with basalt vernal pools. These soils are 
vegetated with open native or nonnative grasslands or oak woodland 
savannah communities.
    In some areas in northern San Diego County and southwestern 
Riverside County, the species is found on sandy loam soils derived from 
basalt and granodiorite parent materials; deposits of gravel, cobble, 
and boulders; or hydrologically fractured, weathered granite in 
intermittent streams and seeps. These soils and deposits are generally 
vegetated by open riparian and freshwater marsh communities associated 
with intermittent drainages, floodplains, and seeps. Throughout B. 
filifolia's range these soils facilitate the natural process of seed 
dispersal and

[[Page 64936]]

germination, cormlet disposition or movement to an appropriate soil 
depth, and corm persistence through seedling and adult phases of 
flowering and fruit set described earlier.
Habitats That Are Protected From Disturbance or Are Representative of 
the Historical, Geographical, and Ecological Distributions of the 
Species
    The conservation of Brodiaea filifolia is dependent on several 
factors including, but not limited to, maintenance of areas of 
sufficient size and configuration to sustain natural ecosystem 
components, functions, and processes (such as full sun exposure, 
natural fire and hydrologic regimes, adequate biotic balance to prevent 
excessive herbivory); protection of existing substrate continuity and 
structure, connectivity among groups of plants within geographic 
proximity to facilitate gene flow among the sites through pollinator 
activity and seed dispersal; and sufficient adjacent suitable habitat 
for vegetative reproduction and population expansion.
    A natural, generally intact surface and subsurface soil structure, 
not permanently altered by anthropogenic land use activities (such as 
deep, repetitive discing, or grading), and associated physical 
processes such as a hydrological regime is necessary to provide water, 
minerals, and other physiological needs for Brodiaea filifolia. A 
natural hydrological regime includes seasonal hydration followed by 
drying out of the substrate to promote growth of plants and new corms 
for the following season. These conditions are also necessary for the 
normal development of seedlings and young vegetative cormlets.
Habitat for Pollinators of Brodiaea filifolia
    Cross-pollination is essential for the survival and recovery of 
Brodiaea filifolia because this species is self-incompatible and it 
cannot sexually reproduce without the aid of insect pollinators. A 
variety of insects are known to cross-pollinate Brodiaea species, 
including Tumbling Flower Beetles (Mordellidae, Coleoptera) and Sweat 
Bees (Halictidae, Hymenoptera; Niehaus 1971, p. 27). Bell and Rey 
(1991, p. 3) report that native bees observed pollinating B. filifolia 
on the Santa Rosa Plateau in Riverside County include Bombus 
californicus (Apidae, Hymenoptera), Hoplitus sp. (Megachilidae, 
Hymenoptera), Osmia sp. (Megachilidae, Hymenoptera), and an 
unidentified Anthophorid (digger-bee). Anthophoridae and Halictidae are 
important pollinators of Brodiaea filifolia, as shown at a study site 
in Orange County (Glenn Lukos Associates 2004, p. 3). Supporting and 
maintaining pollinators and pollinator habitat is essential for the 
conservation of B. filifolia because this species cannot set viable 
seed without cross-pollination.
    Of primary concern to the conservation of Brodiaea filifolia are 
solitary bees (such as sweat bees (Hoplitus sp. and Osmia sp.)) because 
these are the pollinators that have the most specific habitat 
requirements (such as nesting requirements) and are impacted by 
fragmentation and reduced diversity of natural habitats at a small 
scale (Gathmann and Tscharntke 2002, p. 757; Steffan-Dewenter 2003, p. 
1041; Shepherd 2009, pers. comm.). Due to the focused foraging habits 
of solitary bees we believe that these insects may be the most 
important to the successful reproduction of B. filifolia. To sustain an 
active pollinator community for B. filifolia, alternative pollen or 
food source plants may be necessary for the persistence of these 
insects when B. filifolia is not in flower. It is also necessary for 
nest sites for pollinators to be located within flying distance of B. 
filifolia occurrences.
    Bombus spp. (bumblebees) may also be important to the pollination 
of Brodiaea filifolia, however, these insects may be able to travel 
greater distances and cross fragmented landscapes to pollinate B. 
filifolia. In a study of experimental isolation and pollen dispersal of 
Delphinium nuttallianum (Nuttall's larkspur), Schulke and Waser (2001, 
pp. 242-243) report that adequate pollen loads were dispersed by 
bumblebees within control populations and in isolated experimental 
``populations'' from 164 to 1,312 feet (ft) (50 to 400 meters (m)) 
distant from the control populations. One of several pollinator taxa 
effective at 1,312 ft (400 m) was Bombus californicus (Schulke and 
Waser 2001, pp. 240-243), which was also one of four bee species 
observed pollinating Brodiaea filifolia by Bell and Rey (1991, p. 2). 
Studies by Steffan-Dewenter and Tscharntke (2000, p. 293) demonstrated 
that it is possible for bees to forage as far as 4,920 ft (1,500 m) 
from a colony, and at least one study suggests that bumblebees may 
forage many kilometers away (Sudgen 1985, p. 308). Bumblebees may be 
effective at transferring pollen between occurrences of B. filifolia 
because they are larger and have been found pollinating plants at 
distances of 1,312 to 4,920 ft (400 to 1500 m). However, the visits and 
focused effort of bumblebees may be less frequent than ground-nesting 
bees.
    Ground-nesting solitary bees appear to have limited dispersal and 
flight abilities (Thorp and Leong 1995, p. 7). Studies have shown that 
as areas are fragmented by development, remaining habitat areas have 
reduced pollinator diversity (Steffan-Dewenter 2003, p. 1041). If 
pollinators are eliminated from an occurrence, Brodiaea filifolia will 
no longer be able to reproduce sexually. Of the native bees that have 
been observed pollinating B. filifolia, solitary ground-nesting bees 
are the most sensitive to habitat disturbance and the most likely to be 
lost from an area. Sweat bees (family Halictidae), Holitus (family 
Magachilidea), and Osmia (mason bees, family Megachilidea), fly 
approximately 900 to 1,500 ft (274 to 457 m), 600 to 900 ft (183 to 274 
m), and 600 to 1,800 ft (183 to 549 m), respectively (Shepherd 2009, 
pers. comm.). Bombus californicus (family Apidae) and Digger bees 
(family Apidae) fly further, generally more than over 2,640 ft (804 m) 
(Shepherd 2009, pers. comm.). These flight distances are important in 
determining what habitat associated with Brodiaea filifolia occurrences 
provides habitat for this species' pollinators. Conserving habitat 
where these pollinators nest and forage will sustain an active 
pollinator community and provide for the cross-pollination of B. 
filifolia.
    In our review of the data on pollinators of Brodiaea filifolia in 
the 2005 critical habitat rule, we determined that an 820-ft (250-m) 
area around each occurrence identified in the critical habitat would 
provide adequate space to support B. filifolia's pollinators. In the 
2005 critical habitat rule, we based the 820-ft (250-m) distance on a 
conservative estimate for the mean routine flight distance for bees. 
This distance represents an estimate of flight distance for pollinators 
that fly an average of less than 1,800 ft (549 m) (i.e., the maximum 
distance observed by known pollinators of B. filifolia except Bombus 
californicus). Research supports this distance, as studies looking at 
areas with a radius of 820 ft (250 m) have found that solitary bees 
forage at this scale and that if fragmentation occurs at this scale the 
presence of solitary bees will decrease (Steffan-Dewenter et al. 2002, 
pp. 1027-1029; Shepherd 2009, pers. comm.). Insects that travel greater 
distances than 1,800 ft (549 m) on average may also find habitat within 
820 ft (250 m) of Brodiaea filifolia occurrences. It is also possible 
that insects flying greater than 1,800 ft (549 m) are flying in from 
greater distances (Bombus californicus and Anthophora) and are living 
in habitats that are not directly connected with areas supporting 
Brodiaea filifolia.

[[Page 64937]]

Delineating a pollinator use area larger than 820 ft (250 m) around B. 
filifolia would capture habitat that may not directly contribute to the 
survival or recovery of B. filifolia. Including habitat out from the 
mapped occurrences of B. filifolia up to 820 ft (250m) in the PCEs is 
necessary to support pollinator activity in critical habitat, support 
the sexual reproduction of B. filifolia, and provide for gene flow, 
pollen dispersal, and seed dispersal.

Primary Constituent Elements for Brodiaea filifolia

    Pursuant to the Act and its implementing regulations, when 
considering the designation of critical habitat, we must focus on the 
primary constituent elements within the geographical area occupied by 
Brodiaea filifolia at the time of listing that are essential to the 
conservation of the species and may require special management 
considerations or protection. The essential physical and biological 
features are those PCEs laid out in an appropriate quantity and spatial 
arrangement determined to be essential to the conservation of the 
species. All areas proposed as revised critical habitat for B. 
filifolia are currently occupied, are within the geographical area 
occupied by the species at the time of listing, and contain sufficient 
PCEs to support at least one life- history function (see the ``Spatial 
Distribution and Historical Range'' section of this rule).
    Based on our current knowledge of the life history, biology, and 
ecology of Brodiaea filifolia, and the requirements of the habitat to 
sustain the life-history traits of the species, we determined that the 
PCEs specific to B. filifolia are:
    (1) PCE 1--Appropriate soil series at a range of elevations and in 
a variety of plant communities, specifically:
    (A) Clay soil series of various origins (such as Alo, Altamont, 
Auld, or Diablo), clay lenses found as unmapped inclusions in other 
soils series, or loamy soils series underlain by a clay subsoil (such 
as Fallbrook, Huerhuero, or Las Flores) occurring between the 
elevations of 100 and 2,500 ft (30 and 762 m).
    (B) Soils (such as Cieneba-rock outcrop complex and Ramona family-
Typic Xerothents soils) altered by hydrothermal activity occurring 
between the elevations of 1,000 and 2,500 ft (305 and 762 m).
    (C) Silty loam soil series underlain by a clay subsoil or caliche 
that are generally poorly drained, moderately to strongly alkaline, 
granitic in origin (such as Domino, Grangeville, Traver, Waukena, or 
Willows) occurring between the elevations of 600 and 1,800 ft (183 and 
549 m).
    (D) Clay loam soil series (such as Murrieta) underlain by heavy 
clay loams or clays derived from olivine basalt lava flows occurring 
between the elevations of 1,700 and 2,500 ft (518 and 762 m).
    (E) Sandy loam soils derived from basalt and granodiorite parent 
materials; deposits of gravel, cobble, and boulders; or hydrologically 
fractured, weathered granite in intermittent streams and seeps 
occurring between 1,800 and 2,500 ft (549 and 762 m).
     (2) PCE 2--Areas with a natural, generally intact surface and 
subsurface soil structure, not permanently altered by anthropogenic 
land use activities (such as deep, repetitive discing, or grading), 
extending out up to 820 ft (250 m) from mapped occurrences of Brodiaea 
filifolia.
    This proposed revision to the critical habitat designation is 
designed for the conservation of those areas containing PCEs necessary 
to support the species' life-history traits. All units/subunits of the 
proposed critical habitat contain one of the specific soil components 
identified in PCE 1 and have natural, generally intact surface and 
subsurface soil structure and support habitat for pollinators as 
identified in PCE 2. These two factors are sufficient to support life-
history traits of Brodiaea filifolia in the units/subunits we propose 
as critical habitat. In general, we propose units/subunits based on the 
presence of the PCEs in the appropriate quantity and spatial 
arrangement essential to the conservation of the species. In the case 
of this designation, all of the units/subunits contain both of the 
PCEs.

Special Management Considerations or Protection

    When designating critical habitat within the geographical area 
occupied by the species at the time of listing, we assess whether the 
physical and biological features essential to the conservation of the 
species may require special management considerations or protection. In 
all units/subunits, special management considerations or protection of 
the essential features may be required to provide for the growth, 
reproduction, and sustained function of the habitat on which Brodiaea 
filifolia depends.
    The lands proposed as critical habitat represent our best 
assessment of the habitat that meets the definition of critical habitat 
for Brodiaea filifolia at this time. The essential physical or 
biological features within the areas proposed as critical habitat may 
require some level of management to address current and future threats 
to B. filifolia, including the direct and indirect effects of habitat 
loss and degradation from urban development; the introduction of 
nonnative invasive plant species; recreational activities; discing and 
mowing for agricultural practices or fuel modification for fire 
management; and dumping of manure and sewage sludge.
    Loss and degradation of habitat from development was cited in the 
final listing rule as a primary cause for the decline of Brodiaea 
filifolia. Most of the populations of this species are located in San 
Diego, Orange, and Riverside Counties. These counties have had (and 
continue to have) increasing human populations and attendant housing 
pressure. Natural areas in these counties are frequently near or 
bounded by urbanized areas. Urban development removes the plant 
community components and associated clay soils identified in the PCEs, 
which eliminates or fragments the populations of B. filifolia. Grading, 
discing, and scraping areas in the preparation of areas for 
urbanization also directly alters the soil surface as well as 
subsurface soil layers to the degree that they will no longer support 
plant community types and pollinators associated with B. filifolia (PCE 
2).
    Nonnative invasive plant species may alter the vegetation 
composition or physical structure identified in the PCEs to an extent 
that the area does not support Brodiaea filifolia or the plant 
community that it inhabits. Additionally, invasive species may compete 
with B. filifolia for space and resources by depleting water that would 
otherwise be available to B. filifolia.
    Unauthorized recreational activities may impact the vegetation 
composition and soil structure that supports Brodiaea filifolia to an 
extent that the area will no longer have intact soil surfaces or the 
plant communities identified in the PCEs. Off-highway vehicle (OHV) 
activity is an example of this type of activity.
    Some methods of mowing or discing for agricultural purposes or fuel 
modification for fire management may preclude the full and natural 
development of Brodiaea filifolia by adversely affecting the PCEs. 
Mowing may preclude the successful reproduction of the plant, or alter 
the associated vegetation needed for pollinator activity (PCE 2). 
Dumping of sewage sludge can cover plants as well as the soils they 
need. Additionally, this practice can alter the chemistry of the 
substrate and lead to alterations in the vegetation supported at the 
site (PCE 1).
    In summary, we find that the areas we are proposing as revised 
critical habitat contain the features essential to the

[[Page 64938]]

conservation of Brodiaea filifolia, and that these features may require 
special management considerations or protection. Special management 
considerations or protection may be required to eliminate, or reduce to 
negligible level, the threats affecting each unit/subunit and to 
preserve and maintain the essential features that the proposed critical 
habitat units/subunits provide to B. filifolia. Additional discussions 
of threats facing individual sites are provided in the individual unit/
subunit descriptions.
    The designation of critical habitat does not imply that lands 
outside of critical habitat may not play an important role in the 
conservation of Brodiaea filifolia. In the future, and with changed 
circumstances, these lands may become essential to the conservation of 
B. filifolia. Activities with a Federal nexus that may affect areas 
outside of critical habitat, such as development, agricultural 
activities, and road construction, are still subject to review under 
section 7 of the Act if they may affect B. filifolia because Federal 
agencies must consider both effects to the plant and effects to 
critical habitat independently. The prohibitions of section 9 of the 
Act applicable to B. filifolia under 50 CFR 17.71 (e.g., the 
prohibition against reducing to possession or maliciously damaging or 
destroying listed plants on Federal lands) also continue to apply both 
inside and outside of designated critical habitat.

Criteria Used To Identify Critical Habitat

    We have determined that all areas we are proposing to designate as 
revised critical habitat are within the geographical area occupied by 
Brodiaea filifolia at the time of listing (see the ``Spatial 
Distribution and Historical Range'' section for more information), and 
are currently occupied. We considered the areas outside the 
geographical area occupied by the species at the time of listing, but 
are not proposing to designate any areas outside the geographical area 
occupied by B. filifolia at the time of listing because we determined 
that a subset of occupied lands within the species' historical range 
are adequate to ensure the conservation of B. filifolia. Occupied areas 
exist throughout this species' historical range, and through the 
conservation of a subset of occupied habitats (35 of 68 extant 
occurrences, see Table 1), we will be able to stabilize and conserve B. 
filifolia throughout its current and historical range. All units/
subunits proposed as critical habitat contain both PCEs in the 
appropriate quantity and spatial arrangement essential to the 
conservation of this species and support multiple life-history traits 
for B. filifolia.
    As required by section 4(b)(1)(A) of the Act, we use the best 
scientific and commercial data available in determining areas that 
contain the features that are essential to the conservation of Brodiaea 
filifolia. The ``Methods'' section summarizes the data used for this 
proposed revised critical habitat. This proposed rule reflects the best 
available scientific and commercial information and thus differs from 
our 2005 final critical habitat rule.
    This section provides details of the process we used to delineate 
critical habitat. This proposed rule reflects a progression of 
conservation efforts for Brodiaea filifolia. This progression is based 
largely on the past analysis of the areas identified as meeting the 
definition of critical habitat for B. filifolia as identified in the 
2004 proposed critical habitat rule and the 2005 final critical habitat 
designation, and new information we obtained on the species' 
distribution since listing. In some areas that were analyzed in 2005, 
we have new distribution information that resulted in adding areas to 
the 2005 critical habitat designation. There are also some areas 
identified as meeting the definition of critical habitat in the 2005 
critical habitat that we did not include in this revision of critical 
habitat because we determined based on a review of the best available 
information that they do not meet the definition of critical habitat. 
The specific differences from the 2005 designation of critical habitat 
are summarized in the Summary of Changes From Previously Designated 
Critical Habitat section of this rule.
    Species and plant communities that are protected across their 
ranges are expected to have lower likelihoods of extinction (Soule and 
Simberloff 1986, p. 35; Scott et al. 2001, pp. 1297-1300). Genetic 
variation generally results from the effects of population isolation 
and adaptation to locally distinct environments (Lesica and Allendorf 
1995, pp. 754-757; Fraser 2000, pp. 49-51; Hamrick and Godt 1996, pp. 
291-295). We sought to include the range of ecological conditions in 
which Brodiaea filifolia is found to preserve the genetic variation 
that may reflect adaptation to local environmental conditions, as 
documented in other plant species (such as in Hamrick and Godt 1996, 
pp. 299-301; or Millar and Libby 1991, pp. 150, 152-155). A suite of 
locations that possess unique ecological characteristics will represent 
more of the environmental variability under which B. filifolia has 
evolved. Protecting these areas will promote the adaptation of the 
species to different environmental conditions and contribute to species 
recovery.
    We also determined that habitat for pollinators is essential to the 
survival and recovery of this species because Brodiaea filifolia is 
self-incompatible (genetically similar individuals are not able to 
produce viable seeds). Sexual reproduction, facilitated through 
pollination, is necessary for the long-term conservation of this 
species.
    All critical habitat discussed in this proposed revision of 
critical habitat is occupied by the species at the subunit level 
meaning that each subunit contains at least one known occurrence of 
Brodiaea filifolia. The essential features in each subunit are 
necessary for the conservation of the occurrence within the subunit, 
and the subunit contributes to the overall conservation of the species. 
Occupied areas were determined from survey data and element occurrence 
data in the CNDDB (CNDDB 2009, pp. 1-76). Using GIS data in the areas 
identified as occupied by this species as a guide, we identified the 
areas that contain the physical and biological features essential to 
the conservation of B. filifolia.
    To map the areas that meet the definition of critical habitat, we 
identified areas that contain the PCEs in the quantity and spatial 
distribution essential to the conservation of this species using the 
following criteria: (1) Areas supporting occurrences on rare or unique 
habitat within the species' range; (2) areas supporting the largest 
known occurrences of B. filifolia; or (3) areas supporting stable 
occurrences of B. filifolia that are likely to be persistent. These 
criteria are explained in greater detail below and a summary of our 
analysis of all current and past areas supporting Brodiaea filifolia is 
presented in Table 1.
    We have determined that 35 of the 68 extant occurrences meet the 
definition of critical habitat; of these 35 occurrences, 7 occur on MCB 
Camp Pendleton and are exempt from critical habitat under section 
4(a)(3) of the Act, and 28 occurrences are proposed as critical 
habitat. Areas containing the PCEs and that meet at least one of the 
above criteria are considered to contain the physical and biological 
features essential to the conservation of the species and, therefore, 
meet the definition of critical habitat. Included in PCE 2 are areas up 
to 820 ft (250 m) from mapped occurrences of B. filifolia to provide 
adequate space to support the habitat and alternate food sources needed 
for pollinators of B. filifolia. The

[[Page 64939]]

820-ft (250-m) distance for determining the pollinator use area is 
based on a conservative estimate for the mean routine flight distance 
for ground-nesting solitary bees that pollinate B. filifolia. This 
distance is not meant to capture all habitat that is potentially used 
by pollinators, but it is meant to capture a sufficient area to allow 
for pollinators to nest, feed, and reproduce in habitat that is 
adjacent and connected to the areas were B. filifolia grows (see 
``Habitat for Pollinators of Brodiaea filifolia'' section for a more 
detailed explanation of pollinator requirements and our derivation of 
the 820-ft (250-m) distance for determining the pollinator use area).

                                 Table 1. Summary of criteria analysis of all recorded locations of Brodiaea filifolia.
 ``Occurrence number'' and ``Location Description'' are taken from the 5-year review completed in 2009 where more information about each occurrence can
                             be found. Extirpated occurrences were not given an ``Occurrence number'' in the 5-year review.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     Criterion 3:
 Occurrence  number in  5-year         Location        CNDDB\1\  Element     Criterion 1:        Criterion 2:         Stable and       Critical Habitat
             review                  Description      Occurrence  Number    Unique or rare          Largest           persistent        Unit/  Subunit
                                                             (EO)               habitat           occurrences         occurrence
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Los Angeles County, California
--------------------------------------------------------------------------------------------------------------------------------------------------------
1                                Glendora             20                  X                   --                  X                   1a
--------------------------------------------------------------------------------------------------------------------------------------------------------
2                                San Dimas/Gordon     40                  X                   X                   --                  1b
                                  Highlands
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            San Bernardino County, California
--------------------------------------------------------------------------------------------------------------------------------------------------------
3                                Arrowhead Hot        7                   X                   --                  X                   2
                                  Springs
--------------------------------------------------------------------------------------------------------------------------------------------------------
4                                Waterman Canyon      8                   --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Riverside County, California
--------------------------------------------------------------------------------------------------------------------------------------------------------
5                                San Jacinto          43                  X                   --                  X                   11a
                                  Wildlife Area       27................
--------------------------------------------------------------------------------------------------------------------------------------------------------
6\2\                             San Jacinto Ave/     65                  X                   --                  --                  11b
                                  Dawson Rd
--------------------------------------------------------------------------------------------------------------------------------------------------------
7                                Case Road            2                   X                   X                   --                  11c
--------------------------------------------------------------------------------------------------------------------------------------------------------
x                                Goetz Road           1                   --                  --                  --                  extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------
8                                Railroad Canyon      25                  --                  X                   --                  11d
--------------------------------------------------------------------------------------------------------------------------------------------------------
9                                Upper Salt Creek     26                  X                   --                  --                  11e
                                  (Stowe Pool)
--------------------------------------------------------------------------------------------------------------------------------------------------------
10                               Santa Rosa Plateau - 3                   --                  --                  --                  B. santarosae
                                   Tenaja Rd.
--------------------------------------------------------------------------------------------------------------------------------------------------------
11                               Santa Rosa Plateau - 31                  X                   --                  --                  11h
                                   North of Tenaja
                                  Rd.
--------------------------------------------------------------------------------------------------------------------------------------------------------
12                               Santa Rosa Plateau - 30                  X                   --                  --                  11g
                                   South of Tenaja
                                  Rd.
--------------------------------------------------------------------------------------------------------------------------------------------------------
13                               Santa Rosa Plateau - 5                   --                  --                  --                  N/A
                                   Mesa de Colorado
--------------------------------------------------------------------------------------------------------------------------------------------------------
14                               East of Tenaja       29                  --                  --                  --                  N/A
                                  Guard Station
--------------------------------------------------------------------------------------------------------------------------------------------------------
15                               Redonda Mesa         52                  --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
16\2\                            Corona Cala Camino   N/A                 --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Orange County, California
--------------------------------------------------------------------------------------------------------------------------------------------------------
17                               Edison Viejo         55                  --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
18                               Aliso and Woods      56                  X                   X                   --                  3
                                  Canyon
                                 Wilderness Park....
--------------------------------------------------------------------------------------------------------------------------------------------------------
19                               Ca[ntilde]ada        64                  --                  --                  X                   4c
                                  Gobernadora
                                 /Chiquadora Ridge..
--------------------------------------------------------------------------------------------------------------------------------------------------------
20\2\                            Trampas Canyon       N/A                 --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
21\2\                            Middle Gabino        N/A                 --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 64940]]

 
22                               Cristianitos Canyon  N/A                 X                   X                   --                  4g
                                 Cristianitos Canyon/ 62................
                                  .
                                 Lower Gabino Canyon
--------------------------------------------------------------------------------------------------------------------------------------------------------
23\2\                            East Talega/Blind    N/A                 --                  --                  --                  N/A
                                  Canyon
--------------------------------------------------------------------------------------------------------------------------------------------------------
24                               Casper's Wilderness  24                  --                  --                  X                   4b
                                  Park
--------------------------------------------------------------------------------------------------------------------------------------------------------
25                               Arroyo Trabuco Golf  N/A                 --                  --                  --                  N/A
                                  Course/Lower
                                  Arroyo Trabuco
--------------------------------------------------------------------------------------------------------------------------------------------------------
x\2\                             Prima Deshecha\4\    61                  --                  --                  --                  extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------
26                               Talega/Segunda       57                  --                  --                  --                  N/A
                                  Deshecha\3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
27                               Forster Ranch\3\     58                  --                  --                  --                  N/A
                                                      59................
                                                      60................
--------------------------------------------------------------------------------------------------------------------------------------------------------
28                               Cristianitos Canyon  63                  --                  --                  --                  N/A
                                  South
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              San Diego County, California
--------------------------------------------------------------------------------------------------------------------------------------------------------
29                               Miller Mountain      37                  --                  --                  --                  B. santarosae
                                ------------------------------------------------------------------------------------------------------------------------
                                 Devil Canyon         39                  X                   --                  X                   5b
--------------------------------------------------------------------------------------------------------------------------------------------------------
30                               Tributary off of     N/A                 --                  --                  --                  N/A
                                  Talega Canyon
--------------------------------------------------------------------------------------------------------------------------------------------------------
31\2\                            Cristianitos Canyon  N/A                 --                  --                  X                   exempt
                                  Pendleton
--------------------------------------------------------------------------------------------------------------------------------------------------------
32\2\                            San Mateo Creek      N/A                 --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
33                               Bravo One            45                  --                  --                  X                   exempt
--------------------------------------------------------------------------------------------------------------------------------------------------------
34\1\                            Bravo Two North      N/A                 --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
35                               Bravo Two South      N/A                 --                  --                  X                   exempt
--------------------------------------------------------------------------------------------------------------------------------------------------------
36                               Alpha One/Bravo      44                  --                  --                  --                  N/A
                                  Three
--------------------------------------------------------------------------------------------------------------------------------------------------------
37\2\                            Basilone/San Mateo   N/A                 --                  --                  X                   exempt
                                  Junction
--------------------------------------------------------------------------------------------------------------------------------------------------------
38                               Camp Horno           46                  --                  X                   --                  exempt
                                                      47................
                                                      48................
                                                      49................
--------------------------------------------------------------------------------------------------------------------------------------------------------
39                               Southeast of Horno   50                  --                  --                  --                  N/A
                                  Summit
--------------------------------------------------------------------------------------------------------------------------------------------------------
40\1\                            Top of Las Pulgas    N/A                 --                  --                  --                  N/A
                                  Canyon/Roblar Rd
--------------------------------------------------------------------------------------------------------------------------------------------------------
41\2\                            Top of Aliso Canyon/ N/A                 --                  --                  --                  N/A
                                  Roblar Rd
--------------------------------------------------------------------------------------------------------------------------------------------------------
42                               Basilone/Roblar      51                  --                  --                  --                  N/A
                                  Junction
--------------------------------------------------------------------------------------------------------------------------------------------------------
43                               East of I-5/South    67                  --                  --                  --                  N/A
                                  of Las Flores       68................
                                  Creek
--------------------------------------------------------------------------------------------------------------------------------------------------------
44\2\                            Pilgrim Creek        N/A                 --                  --                  X                   exempt
--------------------------------------------------------------------------------------------------------------------------------------------------------
45                               Pueblitos Canyon     N/A                 --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
46\2\                            West of Whelan Lake  N/A                 --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
47\2\                            South of French      N/A                 --                  --                  --                  N/A
                                  Creek
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 64941]]

 
48\2\                            South White Beach    N/A                 --                  --                  X                   exempt
--------------------------------------------------------------------------------------------------------------------------------------------------------
49                               Taylor\3\            41                  --                  X                   --                  6d
                                 Undeveloped parcel
                                  between Darwin
                                  properties.
                                 Darwin Knolls and
                                  Darwin Glen.
--------------------------------------------------------------------------------------------------------------------------------------------------------
50\2\                            Arbor Creek/Colucci  N/A                 X                   --                  X                   6e
--------------------------------------------------------------------------------------------------------------------------------------------------------
51                               Mission View/Sierra  53                  --                  --                  X                   6c
                                  Ridge
--------------------------------------------------------------------------------------------------------------------------------------------------------
52                               Mesa Drive, SDG&E                        --                  --                  X                   6b
                                 Substation.........
--------------------------------------------------------------------------------------------------------------------------------------------------------
53                               Eternal Hills/Alta   N/A                 --                  --                  X                   6a
                                  Creek Cornerstone
                                  Community Church
                                 /Oceanside Blvd &
                                  El Camino Real.
--------------------------------------------------------------------------------------------------------------------------------------------------------
54\2\                            Vista Pacific        N/A                 --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
55\2\                            Buena Vista Creek    N/A                 --                  --                  --                  N/A
                                  preserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
56                               Calavera Heights     N/A                 --                  --                  --                  N/A
                                  Mitigation Site
--------------------------------------------------------------------------------------------------------------------------------------------------------
57                               Calavera Hills       23                  --                  --                  X                   7c
                                  Village H
--------------------------------------------------------------------------------------------------------------------------------------------------------
58\2\                            Calavera Hills                           --                  --                  --                  N/A
                                  Village X
--------------------------------------------------------------------------------------------------------------------------------------------------------
59                               Letterbox Canyon -   N/A                                                                             ..................
                                  Taylor Made\3\
                                -----------------------------------------
                                 Letterbox Canyon -   N/A                 --                  X                   --                  7a
                                  Salk/Fox-Miller\3\
                                -----------------------------------------
                                 Letterbox Canyon -   16                                                                              ..................
                                  Newton Business
                                  Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
x                                North of Carlsbad    14                  --                  --                  --                  extirpated
                                  dragstrip
--------------------------------------------------------------------------------------------------------------------------------------------------------
60\2\                            Carlsbad Oaks        N/A                 --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
61                               Rancho Carrillo      22                  --                  X                   --                  7b
                                ---------------------                    -------------------------------------------------------------------------------
                                 Rancho Santa Fe Rd                       --                  --                  --                  N/A
                                  North
--------------------------------------------------------------------------------------------------------------------------------------------------------
62                               Rancho La Costa      33                  --                  X                   --                  7d
                                                      34................
--------------------------------------------------------------------------------------------------------------------------------------------------------
63                               La Costa Town        N/A                 --                  --                  --                  N/A
                                  Square
                                ------------------------------------------------------------------------------------------------------------------------
                                 Park View West/La    21                  --                  --                  --                  extirpated
                                  Costa Ave & Rancho
                                  Santa Fe Rd\4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
64                               Poinsettia           N/A                 --                  --                  --                  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
x                                Shelley Property/    32                  --                  --                  --                  extirpated
                                  Olivenhein &
                                  Rancho Santa Fe Rd
                                  junction
--------------------------------------------------------------------------------------------------------------------------------------------------------
x                                Calle Tres Vistas    54                  --                  --                  --                  extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------
x                                Vista                15                  --                  --                  --                  extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------
x                                Brengle Terrace      18                  --                  --                  --                  extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 64942]]

 
x                                Vista, east of       17                  --                  --                  --                  extirpated
                                  South Melrose
                                  Ave\4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
x                                North of Carlsbad    13                  --                  --                  --                  extirpated
                                  dragstrip
--------------------------------------------------------------------------------------------------------------------------------------------------------
x                                SSE of Buena, near   12                  --                  --                  --                  extirpated
                                  Mission Rd & RR
                                  tracks
--------------------------------------------------------------------------------------------------------------------------------------------------------
65                               Rancho Santalina\3\                                                                                  ..................
                                ---------------------
                                 Loma Alta            11                  --                  X                   --                  8b
                                ---------------------
                                 New Millennium                                                                                       ..................
                                ---------------------                    -------------------------------------------------------------------------------
                                 Las Posas Road                           --                  --                  --                  extirpated
                                  Extension
                                  Project\4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
66                               Grand Avenue/Las     36                  X                   X                   --                  8d
                                  Posas Rd pools\3\
                                -----------------------------------------
                                 Upham/Pacific St/    10                                                                              ..................
                                 Superior Ready Mix.
--------------------------------------------------------------------------------------------------------------------------------------------------------
67\2\                            Oleander/San Marcos  N/A                 --                  X                   --                  8f
                                  Elementary\3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
68\2\                            Artesian Trails      70                  --                  --                  X                   12
                                                     --------------------
                                                      66                                                                              ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
x                                4S Ranch\4\          N/A                 --                  --                  --                  extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ California Department of Fish and Game, Natural Diversity Database
\2\ New occurrence since listing, but determined to be occupied at the time of listing
\3\ Partially translocated (some plants currently exist at the original location)
\4\ Completely translocated (no plants currently exist at the original location)

    We identified habitat containing the features essential to the 
conservation of Brodiaea filifolia by using data from the following GIS 
databases: (1) Species occurrence information in Los Angeles, San 
Bernardino, Orange, Riverside, and San Diego Counties from the CNDDB 
and from survey reports; (2) vegetation data layers from Orange, 
Riverside, and San Diego Counties and vegetation data layers from the 
U.S. Forest Service's Cleveland National Forest for Los Angeles and San 
Bernardino Counties; and (3) Natural Resources Conservation Service's 
Soil Survey Geographic Database (SSURGO) soil data layers for Orange, 
Riverside, and San Diego Counties, and State Soil Geographic Database 
(STATSGO) soil data layers for Los Angeles and San Bernardino Counties.

Criteria Used

    If occurrences and habitat areas met one or more of the following 
criteria, they are proposed as critical habitat in this revised 
critical habitat designation.
    (1) The first criterion is any area that supports an occurrence in 
rare or unique habitat within the species' range. We evaluated all 
occurrences of Brodiaea filifolia under this criterion, regardless of 
occurrence size. We identified four main factors that constitute rare 
or unique habitat for B. filifolia:
    (a) Occurrences in habitat types that are uncommon such as 
grassland habitat that occurs intermixed with chaparral, grassland 
habitat that is associated with vernal pools, or large areas of native 
grassland;
    (b) occurrences on uncommon soil types such as clay soils that are 
altered by hydrothermal activity;
    (c) occurrences that grow along ephemeral drainages in seep-type 
habitats; and
     (d) occurrences that grow in gravel, cobbles, and small boulder 
substrate.
    These four unique situations differ from the majority of 
occurrences of this species, which are found on clay soils intermixed 
with coastal sage scrub habitat. The conservation of Brodiaea filifolia 
occurring in these rare or unique situations will preserve the 
diversity of habitats where this species is found.
    (2) The second criterion is any area that supports one of the 
largest known populations of Brodiaea filifolia. Occurrences of this 
species range from just a few plants to several thousand plants, while 
the majority of the known occurrences are under 3,000 plants (see the 
Background section for a discussion on how occurrences of B. filifolia 
are grouped and counted). However, there are 13 occurrences that stand 
out as the largest, each having greater than 3,000 plants. Occurrences 
supporting large numbers of plants (3,000 or more) are noted in Table 1 
and are found in the following areas:
     (a) Los Angeles County, Subunit 1b-San Dimas;
    (b) Riverside County, Subunit 11a-San Jacinto Wildlife Area, 
Subunit 11c-Case Road, Subunit 11d-Railroad Canyon, Subunit, and 11f-
Santa Rosa Plateau -- Mesa de Colorado;

[[Page 64943]]

    (c) Orange County, Unit 3-Aliso and Wood Canyon Wilderness Park, 
and Subunit 4g-Cristianitos Canyon; and
     (d) San Diego County, Subunit 6d-Taylor/Darwin, Subunit 7a-
Letterbox Canyon, Subunit 7b-Rancho Carrillo, Subunit 7d-Rancho La 
Costa, Subunit 8d-Upham, and Subunit 8f-Oleander/San Marcos Elementary 
(See Table 1).
    These large occurrences are present in habitat areas that contain 
the features essential to the conservation of this species. These areas 
generally represent large contiguous blocks of intact habitat. The 
conservation of these large populations will increase the resilience of 
the species across its range and contribute to the overall recovery of 
this species.
     (3) The third criterion is any area that supports an occurrence 
considered to be stable and persistent. We consider occurrences that 
have between 850 and 3,000 flowering stems that have been observed in 
multiple years to be stable and persistent because we expect these 
occurrences to have a sufficient amount of corms to sustain the 
occurrence for a number of years if the habitat remains unaltered. 
These areas contribute to the conservation of Brodiaea filifolia 
because they provide resilience for the species by minimizing the 
effects on the species from the loss of any single occurrence, and the 
conservation of these areas helps to maintain the diversity of habitat 
where this species occurs. The conservation of these areas allows B. 
filifolia to maintain its current geographic distribution. The 
conservation of stable and persistent occurrences throughout the 
species' range helps to maintain connectivity between occurrences that 
are in proximity to one another and maintain potential gene flow. This 
is particularly important for B. filifolia because this species relies 
on outcrossing for successful reproduction.
    To determine which areas met this criterion, we identified 
occurrences with counts of between 850 and 3,000 flowering stalks that 
had been observed in multiple years. Additionally, we looked at all 
occurrences with fewer than 850 flowering stalks to determine if any of 
these exhibited the same persistence and stability characteristics to 
provide similar conservation value as the other identified occurrences 
with greater than 850 flowering stalks (since the counts for an 
occurrence vary from year to year). We found that one occurrence with 
fewer than 850 flowering stalks (at the Arbor Creek/Colucci site) 
exhibited characteristics of a stable, persistent occurrence (i.e., 
consistent size not substantially different than 850 flowering stalks); 
therefore, this occurrence fulfills the ecological role of sites we are 
interested in identifying through this criterion, even though the high 
count at this site is 620 flowering stalks.
    Of the 68 occurrences of Brodiaea filifolia that we identified as 
being extant in our 5-year review for this species, 35 occurrences meet 
one or more of the three criteria outlined above. Seven of these 35 
occurrences are exempt from critical habitat under section 4(a)(3) of 
the Act (see ``Exemptions Under Section 4(a)(3) of the Act''), the 
remaining 28 occurrences are proposed as revised critical habitat. 
Thirteen occurrences, of the 28 proposed occurrences, fit into one of 
the four reasons that areas meet the ``rare or unique habitat'' 
criterion; 13 occurrences meet the ``largest occurrences'' criterion; 
and 11 occurrences meet the ``stable and persistent occurrences'' 
criterion. These occurrences represent the historical range of the 
species and are adequate to provide for this species' conservation. 
Occurrences not identified in this process may still be important to 
the conservation of this species, but without the conservation of the 
occurrences identified through this process, the recovery effort for 
this species may be impaired.

Other Factors Involved With Delineating Critical Habitat

    Following the identification of 35 occurrences of the 68 extant 
occurrences that met one of the 3 criteria listed above, we mapped the 
area that contained the PCEs at each occurrence including the areas out 
up to 820 ft (250 m) of mapped occurrences of Brodiaea filifolia to 
provide adequate space to support the habitat and alternate food 
sources needed for pollinators of B. filifolia (see ``Habitat for 
Pollinators of Brodiaea filifolia'' section).
    Areas that did not provide habitat for Brodiaea filifolia or 
potential pollinators were removed from the 820-ft (250-m) zone of 
mapped occurrences of B. filifolia, such as areas that were developed 
or severely altered by grading. Our mapping methodology captures the 
PCEs in the appropriate quantity and spatial arrangement essential to 
the conservation of the species, and encompasses the range of 
environmental variability for this species. Although a genetic analysis 
of B. filifolia has not been conducted, these criteria likely capture 
the full breadth of important habitat types and are expected to protect 
the genetic variability of this species. The resulting 35 areas 
constitute the areas we have determined contain the physical and 
biological features essential to the conservation of B. filifolia and 
meet the definition of critical habitat. Seven of the 35 areas are on 
MCB Camp Pendleton and are exempt from this proposed revised rule under 
section 4(a)(3) of the Act; the other 28 areas were mapped as the 
proposed revised critical habitat for B. filifolia, and are described 
in this document.
    When determining the proposed revised critical habitat boundaries, 
we made every effort to map precisely only the areas that contain the 
PCEs and provide for the conservation of Brodiaea filifolia. However, 
we cannot guarantee that every fraction of proposed revised critical 
habitat contains the PCEs due to the mapping scale that we use to draft 
critical habitat boundaries. Additionally, we made every attempt to 
avoid including developed areas such as lands underlying buildings, 
pavement, and other structures because such lands lack PCEs for B. 
filifolia. The scale of the maps we prepared under the parameters for 
publication within the Code of Federal Regulations may not reflect the 
exclusion of such developed lands. Any such lands inadvertently left 
inside critical habitat boundaries shown on the maps of this proposed 
revised critical habitat are excluded by text in this rule and are not 
proposed for critical habitat designation. Therefore, Federal actions 
involving these lands would not trigger section 7 consultation with 
respect to critical habitat and the requirement of no adverse 
modification, unless the specific actions may affect adjacent critical 
habitat.

Summary of Changes From Previously Designated Critical Habitat

    The areas identified in this rule constitute a proposed revision 
from the areas we designated as critical habitat for Brodiaea filifolia 
on December 13, 2005 (70 FR 73820). In cases where we have new 
information or information that was not available for the previous 
designation, we made changes to the critical habitat for B. filifolia 
to ensure that this rule reflects the best scientific data available. 
We made changes to the PCEs and our criteria used to identify critical 
habitat. We incorporated information related to the taxonomy of the 
species including the change in plant family for B. filifolia. We 
redefined the boundaries of each subunit proposed as critical habitat 
to more accurately reflect the areas that include the features that are 
essential to the conservation of B. filifolia, and we analyzed new 
distribution data that has become available to us following the 2005 
designation. The Secretary is also considering whether to exercise his

[[Page 64944]]

discretion to exclude specific areas from the final designation under 
section 4(b)(2) of the Act, including reconsidering areas excluded in 
the prior designation, and we are seeking public comment (see Public 
Comments section of this rule). Table 2 shows the progression of each 
subunit of critical habitat from the 2004 proposed critical habitat to 
this proposed revised critical habitat. Table 3 includes name changes 
that we made for some of the subunits where the old names were 
ambiguous or do not reflect the current name used to refer to these 
areas; although the names of these units changed, the locations have 
not changed. Following Tables 2 and 3, we provide a detailed 
description of each change made in this proposed revised rule and point 
to new information that precipitated the change.

   TABLE 2. Size and evaluation of Units and Subunits for Brodiaea filifolia in 2004 proposed critical habitat
                                                      (pCH)
  2005 final critical habitat (fCH), and 2009 proposed revised critical habitat (prCH), and a comparison of the
         area considered to meet the definition of critical habitat between the 2005 fCH and 2009 prCH.
----------------------------------------------------------------------------------------------------------------
                                                                                              Change from fCH to
  Unit/Subunit Number and Name         2004 pCH            2005 fCH            2009 prCH             prCH
----------------------------------------------------------------------------------------------------------------
                                           Unit 1: Los Angeles County
----------------------------------------------------------------------------------------------------------------
1a. Glendora                      96 ac (39 ha)       96 ac (39 ha)       67 ac (27 ha)       (-) 29 ac (12 ha)
----------------------------------------------------------------------------------------------------------------
1b. San Dimas                     198 ac (80 ha)      198 ac (80 ha)      138 ac (56 ha)      (-) 60 ac (24 ha)
----------------------------------------------------------------------------------------------------------------
                                          Unit 2: San Bernardino County
----------------------------------------------------------------------------------------------------------------
2. Arrowhead Hot Springs          89 ac (36 ha)       Not designated,     61 ac (25 ha)       (+) 61 ac (25 ha)
                                                       wrong location
----------------------------------------------------------------------------------------------------------------
                                          Unit 3: Central Orange County
----------------------------------------------------------------------------------------------------------------
3. Aliso Canyon                   151 ac (61ha)       Not designated,     113 ac (46 ha)      (+) 113 ac (46 ha)
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
                                         Unit 4: Southern Orange County
----------------------------------------------------------------------------------------------------------------
4a. Arroyo Trabuco                74 ac (30 ha)       Not designated,     N/A                 no change
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
4b. Caspers Wilderness Park       259 ac (105 ha)     259 ac (105 ha);    205 ac (83 ha)      (-) 54 ac (22 ha)
                                                       Excluded under
                                                       section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
4c. Ca[ntilde]ada Gobernadora/    311 ac (126 ha)     311 ac (126 ha);    133 ac (54 ha)      (-) 178 ac (72 ha)
 Chiquita Ridgeline                                    Excluded under
                                                       section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
4d. Prima Deschecha               119 ac (48 ha)      Not designated,     N/A                 no change
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
4e. Forster Ranch                 96 ac (39 ha)       Not designated,     N/A                 no change
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
4f. Talega/Segunda Deshecha       190 ac (77 ha)      Not designated,     N/A                 no change
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
4g. Cristianitos Canyon           588 ac (238 ha)     588 ac (238 ha);    587 ac (238 ha)     (-) 1ac (0.4 ha)
                                                       Excluded under
                                                       section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
4h. Cristianitos Canyon South     72 ac (29 ha)       Not designated,     N/A                 no change
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
4i. Blind Canyon                  151 ac (61 ha)      Not designated,     N/A                 no change
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
                                        Unit 5: Northern San Diego County
----------------------------------------------------------------------------------------------------------------
5a. Miller Mountain               1,263 ac (511 ha)   Not designated,     Not proposed, only  no change
                                                       mostly hybrid       Brodiaea
                                                       plants              santarosae
                                                                           present
----------------------------------------------------------------------------------------------------------------

[[Page 64945]]

 
5b. Devil Canyon                  264 ac (107ha)      249 ac (101 ha)     274 ac (111 ha)     (+) 25 ac (10 ha)
----------------------------------------------------------------------------------------------------------------
                                                Unit 6: Oceanside
----------------------------------------------------------------------------------------------------------------
6a. Alta Creek                    49 ac (20 ha)       Not designated,     72 ac (29 ha)       (+) 72 ac (29 ha)
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
6b. Mesa Drive                    5 ac (2 ha)         5 ac (2 ha);        17 ac (7 ha)        (+) 12 ac (5 ha)
                                                       Excluded under
                                                       section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
6c. Oceanside East/Mission        64 ac (26 ha)       Not designated,     12 ac (5 ha)        (+) 12 ac (5 ha)
 Avenue                                                did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
6d. Taylor/Darwin                 80 ac (32 ha)       36 ac (15 ha);      35 ac (14 ha)       (-) 45 ac (18 ha)
                                                       Excluded under
                                                       section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
6e. Arbor Creek                   N/A                 N/A                 94 ac (38 ha)       (+) 94 ac (38 ha)
----------------------------------------------------------------------------------------------------------------
                                                Unit 7: Carlsbad
----------------------------------------------------------------------------------------------------------------
7a. Fox-Miller (Letterbox         93 ac (38 ha)       93 ac (38 ha);      57 ac (23 ha)       (-) 36 ac (15 ha)
 Canyon)                                               Excluded under
                                                       section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
7b. Rancho Carrillo               32 ac (13 ha);      Not designated,     37 ac (15 ha)       (+) 37 ac (15 ha)
                                   Excluded under      did not meet the
                                   section 4(b)(2)     definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
7c. Calvera Hills                 84 ac (34 ha);      84 ac (34 ha);      71 ac (29 ha)       (-) 13 ac (5 ha)
                                   Excluded under      Excluded under
                                   section 4(b)(2)     section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
7d. Villages of La Costa (Rancho  208 ac (84 ha);     208 ac (84 ha);     98 ac (40 ha)       (-) 110 ac (45 ha)
 La Costa)                         Excluded under      Excluded under
                                   section 4(b)(2)     section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
Carlsbad Oaks                     113 ac (46 ha);     113 ac (46 ha);     Not proposed, does  (-) 113 ac (46 ha)
                                   Excluded under      Excluded under      not meet the
                                   section 4(b)(2)     section 4(b)(2)     definition of
                                                                           critical habitat
----------------------------------------------------------------------------------------------------------------
Carlsbad Highlands                70 ac (29 ha);      70 ac (29 ha);      Not proposed, does  (-) 70 ac (29 ha)
                                   Excluded under      Excluded under      not meet the
                                   section 4(b)(2)     section 4(b)(2)     definition of
                                                                           critical habitat
----------------------------------------------------------------------------------------------------------------
Poinsettia                        54 ac (22 ha);      54 ac (22 ha);      Not proposed, does  (-) 54 ac (22 ha)
                                   Excluded under      Excluded under      not meet the
                                   section 4(b)(2)     section 4(b)(2)     definition of
                                                                           critical habitat
----------------------------------------------------------------------------------------------------------------
                                          Unit 8: San Marcos and Vista
----------------------------------------------------------------------------------------------------------------
8a. Rancho Santa Fe Road North    86 ac (35 ha)       Not designated,     N/A                 no change
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
8b. Rancho Santalina/Loma Alta    82 ac (33 ha)       Not included under  47 ac (19 ha)       (+) 47 ac (19 ha)
                                                       section 3(5)(a)
----------------------------------------------------------------------------------------------------------------
8c. Grand Avenue                  10 ac (4 ha)        Not designated,     N/A                 no change
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
8d. Upham                         117 ac (47 ha)      54 ac (22 ha)       54 ac (22 ha)       no change
----------------------------------------------------------------------------------------------------------------
8e. Linda Vista                   20 ac (8 ha)        Not designated,     N/A                 no change
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
8f. Oleander/San Marcos           N/A                 N/A                 7 ac (3 ha)         (+) 7 ac (3 ha)
 Elementary
----------------------------------------------------------------------------------------------------------------

[[Page 64946]]

 
                                                     Unit 9
----------------------------------------------------------------------------------------------------------------
9. Double LL Ranch                57 ac (23 ha)       Not designated,     N/A                 no change
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
                                                     Unit 10
----------------------------------------------------------------------------------------------------------------
10. Highland Valley               74 ac (30 ha)       Not designated,     N/A                 no change
                                                       did not meet the
                                                       definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
                                        Unit 11: Western Riverside County
----------------------------------------------------------------------------------------------------------------
11a. San Jacinto Wildlife Area    512 ac (207 ha);    512 ac (207 ha);    401 ac (162 ha)     (-) 110 ac (45 ha)
                                   Excluded under      Excluded under
                                   section 4(b)(2)     section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11b. San Jacinto Avenue/ Dawson   168 ac (68 ha);     168 ac (68 ha);     117 ac (47 ha)      (-) 51 ac (21 ha)
 Road                              Excluded under      Excluded under
                                   section 4(b)(2)     section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11c. Case Road                    373 ac (151 ha);    373 ac (151 ha);    180 ac (73 ha)      (-) 193 ac (78 ha)
                                   Excluded under      Excluded under
                                   section 4(b)(2)     section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11d. Railroad Canyon              432 ac (175 ha);    432 ac (175 ha);    257 ac (104 ha)     (-) 175 ac (71 ha)
                                   Excluded under      Excluded under
                                   section 4(b)(2)     section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11e. Upper Salt Creek (Stowe      131 ac (53 ha);     131 ac (53 ha);     145 ac (59 ha)      (+) 14 ac (6 ha)
 Pool)                             Excluded under      Excluded under
                                   section 4(b)(2)     section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11f. Santa Rosa Plateau -- Mesa   519 ac (210 ha);    519 ac (210 ha);    234 ac (95 ha)      (-) 285 ac (115
 de Colorado                       Excluded under      Excluded under                          ha)
                                   section 4(b)(2)     section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
Santa Rosa Plateau -- Tenaja Rd.  304 ac (123 ha);    304 ac (123 ha);    Not proposed; only  (-) 304 ac (123
                                   Excluded under      Excluded under      Brodiaea            ha)
                                   section 4(b)(2)     section 4(b)(2)     santarosae
                                                                           present
----------------------------------------------------------------------------------------------------------------
11g. Santa Rosa Plateau -- South  218 ac (88 ha);     218 ac (88 ha);     117 ac (47 ha)      (-) 101 ac (41 ha)
 of Tenaja Rd.                     Excluded under      Excluded under
                                   section 4(b)(2)     section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11h. Santa Rosa Plateau -- North  111 ac (45 ha);     111 ac (45 ha);     44 ac (18 ha)       (-) 67 ac (27 ha)
 of Tenaja Rd.                     Excluded under      Excluded under
                                   section 4(b)(2)     section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
East of Tenaja Guard Station      218 ac (88 ha);     218 ac (88 ha);     Not proposed, does  (-) 218 ac (88 ha)
                                   Excluded under      Excluded under      not meet the
                                   section 4(b)(2)     section 4(b)(2)     definition of
                                                                           critical habitat
----------------------------------------------------------------------------------------------------------------
N. End Redondo Mesa               77 ac (31 ha);      77 ac (31 ha);      Not proposed, does  (-) 77 ac (31 ha)
                                   Excluded under      Excluded under      not meet the
                                   section 4(b)(2)     section 4(b)(2)     definition of
                                                                           critical habitat
----------------------------------------------------------------------------------------------------------------
Corona (north)                    74 ac (30 ha);      Not designated,     N/A                 no change
                                   Excluded under      did not meet the
                                   section 4(b)(2)     definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
Corona (south)                    67 ac (27 ha);      Not designated,     N/A                 no change
                                   Excluded under      did not meet the
                                   section 4(b)(2)     definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
Moreno Valley                     64 ac (26 ha);      Not designated,     N/A                 no change
                                   Excluded under      did not meet the
                                   section 4(b)(2)     definition of
                                                       critical habitat
----------------------------------------------------------------------------------------------------------------
                               Unit 12: Central San Diego County - Artesian Trails
----------------------------------------------------------------------------------------------------------------
12. Artesian Trails               N/A                 N/A                 109 ac (44 ha)      (+) 109 ac (44 ha)
----------------------------------------------------------------------------------------------------------------

[[Page 64947]]

 
    TOTAL FOR                     8,486 ac (3,434     5,480 ac (2,218     3,786 ac (1,532     (-) 1,695 ac (686
    NON-MILITARY LANDS..........   ha)                 ha)                 ha)                 ha)
----------------------------------------------------------------------------------------------------------------
                                               MCB Camp Pendleton
----------------------------------------------------------------------------------------------------------------
Cristianitos Canyon Pendleton     N/A                 N/A                 190 ac (77 ha);     (+) 190 ac (77 ha)
                                                                           4(a)(3) exemption
----------------------------------------------------------------------------------------------------------------
Bravo One                         121 ac (41 ha);     121 ac (41 ha);     143 ac (58 ha);     (+) 22 ac (9 ha)
                                   Excluded under      4(a)(3) exemption   4(a)(3) exemption
                                   section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
Bravo Two South                   N/A                 N/A                 269 ac (109 ha);    (+) 269 ac (109
                                                                           4(a)(3) exemption   ha)
----------------------------------------------------------------------------------------------------------------
Alpha One/Bravo Three             114 ac (46 ha);     114 ac (46 ha);     Does not meet the   (-) 114 ac (46 ha)
                                   Excluded under      4(a)(3) exemption   definition of
                                   section 4(b)(2)                         critical habitat
----------------------------------------------------------------------------------------------------------------
Basilone/San Mateo Junction       N/A                 N/A                 163 ac (66 ha);     (+) 163 ac (66 ha)
                                                                           4(a)(3) exemption
----------------------------------------------------------------------------------------------------------------
Camp Horno                        452 ac (183 ha);    452 ac (183 ha);    339 ac (137 ha);    (-) 113 ac (46 ha)
                                   Excluded under      4(a)(3) exemption   4(a)(3) exemption
                                   section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
SE Horno Summit                   116 ac (47 ha);     116 ac (47 ha);     Does not meet the   (-) 116 ac (47 ha)
                                   Excluded under      4(a)(3) exemption   definition of
                                   section 4(b)(2)                         critical habitat
----------------------------------------------------------------------------------------------------------------
Kilo One                          114 ac (46 ha);     114 ac (46 ha);     Does not meet the   (-) 114 ac (46 ha)
                                   Excluded under      4(a)(3) exemption   definition of
                                   section 4(b)(2)                         critical habitat
----------------------------------------------------------------------------------------------------------------
Pilgrim Creek                     N/A                 N/A                 368 ac (149 ha);    (+) 368 ac (149
                                                                           4(a)(3) exemption   ha)
----------------------------------------------------------------------------------------------------------------
South White Beach                 N/A                 N/A                 59 ac (24 ha);      (+) 59 ac (24 ha)
                                                                           4(a)(3) exemption
----------------------------------------------------------------------------------------------------------------
TOTAL FOR MILITARY LANDS\3\       917 ac (371 ha)     917 ac (371 ha);    1,531 ac (620 ha)   (+) 614 ac (249
                                                       4(a)(3) exemption                       ha)
----------------------------------------------------------------------------------------------------------------
    TOTAL AREA THAT MEETS (or     9,403 ac (3,805     6,397 ac (2,589     5,317 ac (2,152     (-) 1,080 ac (438
     MET) THE DEFINITION OF        ha)                 ha)                 ha)                 ha)
     CRITICAL HABITAT
----------------------------------------------------------------------------------------------------------------
\1\This table does not include all locations that are occupied by Brodiaea filifolia. It includes only those
  locations that have met the definition of critical habitat in this or one of the past proposed or final
  critical habitat rules for B. filifolia.
\2\Values in this table may not sum due to rounding.
\3\Military Lands are exempt from this rule under section 4(a)(3) of the Act.


         TABLE 3. Name changes from previous critical habitat to this proposed revised critical habitat.
----------------------------------------------------------------------------------------------------------------
            Subunit number                  Previous name             Current name          Reason for change
----------------------------------------------------------------------------------------------------------------
6c                                     Oceanside East/Mission   Mission View/Sierra      Not the eastern most
                                        Ave                      Ridge                    occurrence in
                                                                                          Oceanside
----------------------------------------------------------------------------------------------------------------
7a                                     Fox-Miller               Letterbox Canyon         Includes more
                                                                                          properties that just
                                                                                          Fox-Miller
----------------------------------------------------------------------------------------------------------------
7c                                     Calavera Heights         Calavera Hills Village   New name is more
                                                                 H                        specific
----------------------------------------------------------------------------------------------------------------
11b                                    San Jacinto Floodplain   San Jacinto Avenue/      New name is more
                                                                 Dawson Road              specific
----------------------------------------------------------------------------------------------------------------
11c                                    Case Road Area           Case Road                New name is more
                                                                                          specific
----------------------------------------------------------------------------------------------------------------


[[Page 64948]]

    (1) We refined the PCEs to more accurately define the physical and 
biological features that are essential to the conservation of Brodiaea 
filifolia. We added a new part under PCE 1 (PCE 1B) to more clearly 
define the soils where B. filifolia occurs in San Bernardino County. We 
added information to PCE 2 to indicate that land out up to 820 ft (250 
m) from mapped occurrences contains the physical and biological 
features essential to the conservation of B. filifolia because that 
area provides habitat for insect species that pollinate B. filifolia 
and allow this species to sexually reproduce. This information was 
discussed in the 2005 final critical habitat; however, it was not 
specifically included in the PCEs.
    (2) We revised the criteria used to identify critical habitat. We 
started by using the basic criteria used in the 2005 final critical 
habitat designation. However, in this proposed revised critical habitat 
we gathered new data available since the publication of the 2005 rule 
and reevaluated all of the Brodiaea filifolia data available to ensure 
that this proposed rule reflected the best available science. With the 
additional data and our reevaluation of the available data, some of our 
conclusions were different than those we made in the 2005 critical 
habitat designation. As a result, some areas identified as meeting the 
definition of critical habitat in the 2005 designation are not included 
in this proposed rule (such as areas on Santa Rosa Plateau that support 
B. santarosae instead of B. filifolia and areas in the City of Carlsbad 
that contain smaller occurrences of B. filifolia that did not meet any 
of our three criteria), and other areas were included in this proposed 
rule that were not identified as meeting the definition of critical 
habitat in the 2005 designation (such as areas in existence at the time 
of listing, but not evaluated or included due to lack of surveys for B. 
filifolia). We described the steps that we used to identify and 
delineate the areas that we are proposing as critical habitat in more 
detail compared to the 2005 critical habitat designation to ensure that 
the public better understands why the areas are being proposed as 
critical habitat.
     (3) We improved our mapping methodology to more accurately define 
those areas that possess the physical and biological features essential 
to the conservation of the species and to more precisely draw critical 
habitat boundaries. This proposed revised rule identifies 1,695 (686 
ha) considered to contain the features essential to the conservation of 
Brodiaea filifolia less than we identified in the 2005 rule (this 
calculation does not include the changes made on military lands exempt 
under section 4(a)(3) of the Act, see Table 2). This reduction is 
primarily due to our attempt to better represent the areas that contain 
the physical and biological features essential to the conservation of 
B. filifolia. In the 2005 final rule, we used a 100-meter grid 
resolution to delineate critical habitat. In this proposed revised 
rule, we did not use the 100-meter grid mapping methodology. Instead we 
directly mapped the areas containing the PCEs. We believe the result is 
a more precise mapping of the proposed critical habitat. However, we 
acknowledge that there still may be some areas mapped as critical 
habitat that do not contain the PCEs due to mapping, data, and resource 
constraints.
    (4) In the 2005 rule, we excluded subunits under section 4(b)(2) of 
the Act within the planning boundaries for: (a) The Orange County 
Southern Subregion HCP, (b) the draft City of Oceanside Subarea Plan 
and the City of Carlsbad's HMP under the MHCP, (c) the Villages of La 
Costa HCP, and (d) the Western Riverside County MSHCP (see Table 2 for 
the specific subunits excluded). In this proposed revised critical 
habitat rule, we identified several areas we are considering for 
exclusion under section 4(b)(2) of the Act, as follows: (a) The Orange 
County Southern Subregion HCP, (b) the City of Carlsbad's HMP under the 
MHCP (which includes the Villages of La Costa Habitat Conservation 
Plan), (c) the Western Riverside County MSHCP, and (d) the City and 
County of San Diego Subarea Plans under the MSCP (see the Areas 
Considered for Exclusion Under Section 4(b)(2) of the Act section). The 
Villages of La Costa HCP is included within (considered part of) the 
City of Carlsbad's HMP under the MHCP; therefore, all proposed critical 
habitat that overlaps with the Villages of La Costa HCP is being 
considered for exclusion under the City of Carlsbad's HMP. We are 
currently not considering the exclusion of critical habitat within the 
area covered by the draft City of Oceanside Subarea Plan (which was 
excluded previously). The exclusions in the final revised critical 
habitat designation could differ from the exclusions we made in the 
2005 final critical habitat designation.
     (5) New information resulted in additional areas being identified 
as meeting the definition of critical habitat for Brodiaea filifolia. 
First, we added two areas that are newly discovered to support 
occurrences of B. filifolia; however, we believe that these areas were 
occupied at the time of listing (Subunit 8f and Unit 12). Second, we 
have new information on four areas containing substantial occurrences 
that were proposed as critical habitat in 2004 but not designated in 
the 2005 final rule because at that time the data did not indicate 
these areas were substantial occurrences (Unit 3 and Subunits 6a, 6c, 
and 7b). We now have information, mostly in the form of updated 
surveys, indicating that these areas contain substantial occurrences of 
B. filifolia and meet the definition of critical habitat (see Criteria 
2 above under the ``Criteria Used To Identify Critical Habitat'' 
section). Third, we added two areas where the previously identified 
subunits were placed in the wrong locations and did not contain the 
actual occurrences of B. filifolia that they were intended to contain 
(Unit 2 and Subunit 11e); we have now identified and mapped the correct 
areas. Fourth, we added land to seven proposed subunits where new 
survey data indicated these lands contain the physical and biological 
features essential to the conservation of B. filifolia (Subunits 4g, 
5b, 6a, 6b, 7a, 11a, and 11f).
     (6) New information also resulted in the removal of areas 
previously identified as meeting the definition of critical habitat for 
Brodiaea filifolia. First, ten areas identified as meeting the 
definition of critical habitat in the 2004 proposed rule are not 
proposed in this revision of critical habitat. The best available 
scientific and commercial data indicates that these occurrences do not 
meet the criteria in this proposed rule to identify areas containing 
the essential physical and biological features (Carlsbad Oaks, Carlsbad 
Highlands, Poinsettia, East of Tenaja Guard Station, North end of 
Redondo Mesa, three areas on Marine Corps Base Camp Pendleton, Unit 9/
Double LL Ranch, and Unit 10/Highland Valley). Second, we are not 
proposing two areas where the new species of Brodiaea, B. santarosae, 
was found and no B. filifolia was found (Santa Rosa Plateau -- Tenaja 
Rd. and Subunit 5a/Miller Mountain). These areas were thought to 
contain both pure B. filifolia and hybrid B. filifolia in the past; 
however, current data indicates that these areas only contain B. 
santarosae. Third, in 14 proposed subunits we are not proposing 
specific areas that previously (in the 2005 rule) met the definition of 
critical habitat because these specific areas do not contain the 
physical and biological features essential to the conservation of B. 
filifolia (portions of Subunits 1a, 1b, 4b, 4c, 4g, 6c, 6d, 7c, 7d, 
11a, 11b, 11c, 11d, and 11f). More information about

[[Page 64949]]

the units and subunits that contain the physical and biological 
features essential to the conservation of B. filifolia and are proposed 
as revised critical habitat are described in greater detail in the 
Proposed Revised Critical Habitat Designation section.

Proposed Revised Critical Habitat Designation

    We are proposing 3,786 ac (1,532 ha) in 10 units, subdivided into 
28 subunits as revised critical habitat for Brodiaea filifolia. The 
unit numbers in this proposed rule correspond to those used in the 2004 
proposed rule and the 2005 final rule; however, Units 9 and 10 are not 
proposed and Units 11 and 12 are new to this proposed rule. Unit 11 
represents lands in Riverside County excluded from the 2005 designation 
of critical habitat and Unit 12 represents the Artesian Trails area in 
San Diego County that is now included based on new data on occurrences 
in this area. To minimize confusion with the previous proposal and 
designation we are not using Unit numbers 9 and 10 in this rule (see 
Table 2 and Summary of Changes From Previously Designated Critical 
Habitat section).
    The areas we describe below constitute our best assessment at this 
time of areas that meet the definition of critical habitat for Brodiaea 
filifolia. These areas constitute our best assessment of areas 
determined to be within the geographical area occupied at the time of 
listing that contain the physical and biological features essential to 
the conservation of B. filifolia that may require special management 
considerations or protection. We are not proposing any areas outside 
the geographical area occupied by the species at the time of listing 
because we determined that the lands we are proposing as critical 
habitat are adequate to ensure conservation of B. filifolia. The lands 
proposed as revised critical habitat represent a subset of the total 
lands occupied by B. filifolia. Table 4 identifies the approximate area 
of each proposed critical habitat subunit by land ownership. These 
subunits, which generally correspond to the geographic area of the 
subunits delineated in the 2005 designation (see Table 2 for a detailed 
comparison of this proposed rule and the 2005 designation), if 
finalized, will replace the current critical habitat designation for B. 
filifolia in 50 CFR 17.96(a).

          TABLE 4. Area estimates in acres (ac) and hectares (ha), and land ownership for Brodiaea filifolia proposed revised critical habitat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Ownership
              Location              ----------------------------------------------------------------------------------------------     Total Area\2\
                                             Federal            State Government        Local Government           Private
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Unit 1: Los Angeles County
--------------------------------------------------------------------------------------------------------------------------------------------------------
1a. Glendora                         0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            67 ac (27 ha)          67 ac (27 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1b. San Dimas                        13 ac (5 ha)            0 ac (0 ha)             0 ac (0 ha)            125 ac (51 ha)         138 ac (56 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Unit 2: San Bernardino County
--------------------------------------------------------------------------------------------------------------------------------------------------------
2. Arrowhead Hot Springs             0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            61 ac (25 ha)          61 ac (25 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Unit 3: Central Orange County
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Aliso Canyon                      0 ac (0 ha)             0 ac (0 ha)             113 ac (46 ha)         0 ac (0 ha)            113 ac (46 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Unit 4: Southern Orange County
--------------------------------------------------------------------------------------------------------------------------------------------------------
4b. Caspers Wilderness Park          0 ac (0 ha)             0 ac (0 ha)             185 ac (75 ha)         20 ac (8 ha)           205 ac (83 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
4c. Ca[ntilde]ada Gobernadora/       0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            133 ac (54 ha)         133 ac (54 ha)
 Chiquita Ridgeline
--------------------------------------------------------------------------------------------------------------------------------------------------------
4g. Cristianitos Canyon              0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            587 ac (238 ha)        587 ac (238 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Unit 5: Northern San Diego County
--------------------------------------------------------------------------------------------------------------------------------------------------------
5b. Devil Canyon                     266 ac (108 ha)         0 ac (0 ha)             0 ac (0 ha)            8 ac (3 ha)            274 ac (111ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Unit 6: Oceanside
--------------------------------------------------------------------------------------------------------------------------------------------------------
6a. Alta Creek                       0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            72 ac (29 ha)          72 ac (29 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6b. Mesa Drive                       0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            17 ac (7 ha)           17 ac (7 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6c. Mission View/Sierra Ridge        0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            12 ac (5 ha)           12 ac (5 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6d. Taylor/Darwin                    0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            35 ac (14 ha)          35 ac (14 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6e. Arbor Creek                      0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            94 ac (38 ha)          94 ac (38 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 64950]]

 
                                                                    Unit 7: Carlsbad
--------------------------------------------------------------------------------------------------------------------------------------------------------
7a. Letterbox Canyon                 0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            57 ac (23 ha)          57 ac (23 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
7b. Rancho Carrillo                  0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            37 ac (15 ha)          37 ac (15 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
7c. Calavera Hills Village H         0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            71 ac (29 ha)          71 ac (29 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
7d. Rancho La Costa                  0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            98 ac (40 ha)          98 ac (40 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Unit 8: San Marcos and Vista
--------------------------------------------------------------------------------------------------------------------------------------------------------
8b. Rancho Santalina/Loma Alta       0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            47 ac (19 ha)          47 ac (19 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
8d. Upham                            0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            54 ac (22 ha)          54 ac (22 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
8f. Oleander/San Marcos              0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            7 ac (3 ha)            7 ac (3 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Unit 9: Double LL Ranch - No longer proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Unit 10: Highland Valley - No longer proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Unit 11: Western Riverside County
--------------------------------------------------------------------------------------------------------------------------------------------------------
11a. San Jacinto Wildlife Area       0 ac (0 ha)             385 ac (156 ha)         0 ac (0 ha)            16 ac (6 ha)           401 ac (162 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
11b. San Jacinto Avenue/ Dawson      0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            117 ac (47 ha)         117 ac (47 ha)
 Road
--------------------------------------------------------------------------------------------------------------------------------------------------------
11c. Case Road                       0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            180 ac (73 ha)         180 ac (73 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
11d. Railroad Canyon                 53 ac (21 ha)           0 ac (0 ha)             0 ac (0 ha)            205 ac (83 ha)         257 ac (104 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
11e. Upper Salt Creek (Stowe Pool)   0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            145 ac (59 ha)         145 ac (59 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
11f. Santa Rosa Plateau - Mesa de    0 ac (0 ha)             221 ac (89 ha)          5 ac (2 ha)            8 ac (3 ha)            234 ac (95 ha)
 Colorado
--------------------------------------------------------------------------------------------------------------------------------------------------------
11g. Santa Rosa Plateau - South of   0 ac (0 ha)             117 ac (47 ha)          0 ac (0 ha)            0 ac (0 ha)            117 ac (47 ha)
 Tenaja Road
--------------------------------------------------------------------------------------------------------------------------------------------------------
11h. Santa Rosa Plateau - North of   0 ac (0 ha)             44 ac (18 ha)           0 ac (0 ha)            0 ac (0 ha)            44 ac (18 ha)
 Tenaja Road
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Unit 12: Central San Diego County - Artesian Trails
--------------------------------------------------------------------------------------------------------------------------------------------------------
12. Artesian Trails                  0 ac (0 ha)             0 ac (0 ha)             0 ac (0 ha)            109 ac (44 ha)         109 ac (44 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total \2\                            332 ac (134 ha)         766 ac (310 ha)         303 ac (123 ha)        2,385 ac (965 ha)      3,786 ac (1,532 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 1,531 ac (620 ha) of federally owned land on MCB Camp Pendleton is exempt from this critical habitat (see Exemptions Under Section 4(a)(3) of the
  Act section).
\2\ Values in this table may not sum due to rounding.

    Presented below are brief descriptions of all subunits and reasons 
why they meet the definition of critical habitat for Brodiaea 
filifolia. The subunits are listed in order geographically north to 
south and west to east.

Unit 1: Los Angeles County

    Unit 1 is located in Los Angeles County and consists of two 
subunits totaling 206 ac (83 ha). This unit contains 13 ac (5 ha) of 
federally owned land and 192 ac (78 ha) of private land.
Subunit 1a: Glendora
    Subunit 1a consists of 67 ac (27 ha) of private land in the City of 
Glendora,

[[Page 64951]]

in the foothills of the San Gabriel Mountains in Los Angeles County. 
Lands within this subunit contain Cieneba-Exchequer-Sobrante soils, a 
type of silty loam, and consist primarily of northern mixed chaparral 
and coastal sage scrub habitat. Subunit 1a contains the physical and 
biological features essential to the conservation of Brodiaea filifolia 
because it (1) contains the PCEs for B. filifolia, including sandy loam 
soils (PCE 1E) and areas with a natural, generally intact surface and 
subsurface soil structure that support B. filifolia and pollinator 
habitat (PCE 2); (2) supports a rare or unique occurrence, representing 
one of two occurrences located in the foothills of the San Gabriel 
Mountains part of the Transverse Ranges where the species was 
historically found; and (3) supports a stable, persistent occurrence. 
The site is owned and managed by the Glendora Community Conservancy 
(GCC). The GCC has expressed interest in creating a management plan for 
their land; however, the plan has not been completed at this time. The 
physical and biological features essential to the conservation of the 
species in this subunit may require special management considerations 
or protection to address threats from nonnative invasive plants. Please 
see the ``Special Management Considerations or Protection'' section of 
this proposed rule for a discussion of the threats to B. filifolia 
habitat and potential management considerations.
Subunit 1b: San Dimas
    Subunit 1b consists of 13 ac (5 ha) Federal land (Angeles National 
Forest) and 125 ac (51 ha) of private land near the City of San Dimas 
in the foothills of the San Gabriel Mountains in Los Angeles County. 
Lands within this subunit contain Cieneba-Exchequer-Sobrante soils, a 
type of silty loam, and consist primarily of northern mixed chaparral 
and coastal sage scrub habitat. Subunit 1b contains the physical and 
biological features essential to the conservation of Brodiaea filifolia 
because it (1) contains the PCEs for B. filifolia, including sandy loam 
soils (PCE 1E) and areas with a natural, generally intact surface and 
subsurface soil structure that support B. filifolia and pollinator 
habitat (PCE 2); (2) supports a rare or unique occurrence, representing 
one of two occurrences located in the foothills of the San Gabriel 
Mountains part of the Transverse Ranges where the species was 
historically found; and (3) supports an occurrence of at least 6,000 
individuals of B. filifolia, as documented in 1990 (CNDDB 2009, p. 37). 
The physical and biological features essential to the conservation of 
the species in this subunit may require special management 
considerations or protection to address threats from urban development 
on private lands, including minimizing disturbance to the surface and 
subsurface structure. Please see the ``Special Management 
Considerations or Protection'' section of this proposed rule for a 
discussion of the threats to B. filifolia habitat and potential 
management considerations.
Unit 2: San Bernardino County - Arrowhead Hot Springs
    Unit 2 is located in San Bernardino County and consists of 61 ac 
(25 ha) of private land at the southwestern base of the San Bernardino 
Mountains. This unit was not included in the 2005 final critical 
habitat designation but is included in this proposed rule based on new 
information related to the distribution of Brodiaea filifolia. Lands 
within this unit contain Cieneba-rock outcrop complex and Ramona 
family-Typic Xerothents soils altered by hydrothermal activity, some of 
which are considered alluvial, and consist primarily of coastal sage 
scrub habitat. Unit 2 contains the physical and biological features 
essential to the conservation of B. filifolia because it (1) contains 
the PCEs for B. filifolia, including soils altered by hydrothermal 
activity (PCE 1B) and areas with a natural, generally intact surface 
and subsurface soil structure that support B. filifolia and pollinator 
habitat (PCE 2); (2) supports a rare or unique occurrence, representing 
the only occurrence of this plant in the foothills of the San 
Bernardino Mountains part of the Transverse Ranges where the species 
was historically found, and representing the type locality for B. 
filifolia (Niehaus 1971, p. 57; CNDDB 2009, p. 7); and (3) supports a 
stable, persistent occurrence. The physical and biological features 
essential to the conservation of the species in this subunit may 
require special management considerations or protection to address 
threats from nonnative invasive plants. Please see the ``Special 
Management Considerations or Protection'' section of this proposed rule 
for a discussion of the threats to B. filifolia habitat and potential 
management considerations.
Unit 3: Central Orange County - Aliso Canyon
    Unit 3 is located in central Orange County and consists of 113 ac 
(46 ha) of local government land in Aliso and Wood Canyons Wilderness 
Park, in the City of Laguna Niguel, southwestern Orange County. This 
unit was not included in the 2005 final critical habitat designation 
but is included in this proposed rule based on new information related 
to the distribution of Brodiaea filifolia. Lands within this unit 
contain clay loam or other types of loam and consist of annual and 
needlegrass grassland. Unit 3 contains the physical and biological 
features essential to the conservation of B. filifolia because it (1) 
contains the PCEs for B. filifolia, including loamy soils underlain by 
a clay subsoil (PCE 1A) and areas with a natural, generally intact 
surface and subsurface soil structure that support B. filifolia and 
pollinator habitat (PCE 2); and (2) supports an occurrence of at least 
5,000 individuals of B. filifolia, as documented in 2001 (CNDDB 2009, 
p. 51). Although this occurrence is protected from urban development as 
part of Aliso and Wood Canyons Wilderness Park, these lands are managed 
for recreational use and not specifically for the conservation of B. 
filifolia. The physical and biological features essential to the 
conservation of the species in this subunit may require special 
management considerations or protection to address threats from fuel 
management activities (annual mowing) and pipeline work. Please see the 
``Special Management Considerations or Protection'' section of this 
proposed rule for a discussion of the threats to B. filifolia habitat 
and potential management considerations.

Unit 4: Southern Orange County

    Unit 4 is located in southern Orange County and consists of three 
subunits totaling 925 ac (374 ha). This unit contains 185 ac (75 ha) of 
local government land and 740 ac (299 ha) of private land.
Subunit 4b: Caspers Wilderness Park
    Subunit 4b consists of 185 ac (75 ha) of local government land in 
Caspers Wilderness Park and 20 ac (8 ha) of private land in the City of 
San Juan Capistrano, in the southwestern region of the Santa Ana 
Mountains, southern Orange County. Lands within this proposed subunit 
contain clay loam, sandy loam, or rocky outcrop, and consist primarily 
of grassland and sagebrush-buckwheat scrub habitat. Subunit 4b contains 
the physical and biological features essential to the conservation of 
Brodiaea filifolia because it (1) contains the PCEs for B. filifolia, 
including clay soils and loamy soils underlain by a clay subsoil (PCE 
1A), and areas with a natural, generally intact surface and subsurface 
soil structure that support B. filifolia and pollinator habitat (PCE 
2); and (2) supports a stable, persistent occurrence.

[[Page 64952]]

This subunit is located in the foothills of the Santa Ana Mountains and 
represents the highest elevation and northernmost occurrence in Orange 
County. Ninety percent of this occurrence is protected from urban 
development as part of Caspers Wilderness Park; these lands will be 
managed and monitored in accordance with the Orange County Southern 
Subregion HCP for conservation of B. filifolia. The physical and 
biological features essential to the conservation of the species in 
this subunit may require special management considerations or 
protection to address threats from nonnative invasive plants. Please 
see the ``Special Management Considerations or Protection'' section of 
this proposed rule for a discussion of the threats to B. filifolia 
habitat and potential management considerations. We are considering the 
portion of this subunit owned by Orange County at Caspers Wilderness 
Park (185 ac (75 ha)) for exclusion under section 4(b)(2) of the Act 
because this subunit is within the area addressed by the Orange County 
Southern Subregion HCP; please see the Areas Considered for Exclusion 
Under Section 4(b)(2) of the Act section of this proposed rule for a 
discussion about our consideration to exclude this area.
Subunit 4c: Ca[ntilde]ada Gobernadora/Chiquita Ridgeline
    Subunit 4c consists of 133 ac (54 ha) of private land in and around 
Ca[ntilde]ada Gobernadora on Rancho Mission Viejo in southern Orange 
County. Lands within this subunit contain clay, clay loam, or sandy 
loam and consist primarily of dry-land agriculture and sagebrush-
buckwheat scrub habitat. Subunit 4c contains the physical and 
biological features essential to the conservation of Brodiaea filifolia 
because it (1) contains the PCEs for B. filifolia, including clay soils 
and loamy soils underlain by a clay subsoil (PCE 1A), and areas with a 
natural, generally intact surface and subsurface soil structure that 
support B. filifolia and pollinator habitat (PCE 2); and (2) supports a 
stable, persistent occurrence. The physical and biological features 
essential to the conservation of the species in this subunit may 
require special management considerations or protection to address 
threats from the indirect effects associated with urban development. 
Please see the ``Special Management Considerations or Protection'' 
section of this proposed rule for a discussion of the threats to B. 
filifolia habitat and potential management considerations. We are 
considering this subunit for exclusion under section 4(b)(2) of the Act 
because this subunit is within the area addressed by the Orange County 
Southern Subregion HCP; please see the Areas Considered for Exclusion 
Under Section 4(b)(2) of the Act section of this proposed rule for a 
discussion about our consideration to exclude this area.
Subunit 4g: Cristianitos Canyon
    Subunit 4g consists of 587 ac (238 ha) of privately owned land in 
Cristianitos Canyon on Rancho Mission Viejo in southern Orange County. 
Lands within this subunit are underlain by clay and sandy loam soils 
and consist primarily of annual grassland and needlegrass grassland. 
Subunit 4g contains the physical and biological features essential to 
the conservation of Brodiaea filifolia because it (1) contains the PCEs 
for B. filifolia, including clay soils and loamy soils underlain by a 
clay subsoil (PCE 1A), and areas with a natural, generally intact 
surface and subsurface soil structure that support B. filifolia and 
pollinator habitat (PCE 2); (2) supports an occurrence in rare and 
unique habitat, representing one of the few places where this species 
occurs in needlegrass grassland in Orange County; and (3) supports an 
occurrence of at least 6,505 individuals of B. filifolia, as documented 
in 2003 (Dudek and Associates, Inc. 2006, Chapter 3 pp. 73-74, 83; 
Service 2007, pp. 149-150). The physical and biological features 
essential to the conservation of the species in this subunit may 
require special management considerations or protection to address 
threats from the indirect effects associated with urban development. 
Please see the ``Special Management Considerations or Protection'' 
section of this proposed rule for a discussion of the threats to B. 
filifolia habitat and potential management considerations. We are 
considering this subunit for exclusion under section 4(b)(2) of the Act 
because this subunit is within the area addressed by the Orange County 
Southern Subregion HCP; please see the Areas Considered for Exclusion 
Under Section 4(b)(2) of the Act section of this proposed rule for a 
discussion about our consideration to exclude this area.
Unit 5: Northern San Diego County - Devil Canyon
    Subunit 5b consists of 266 ac (108 ha) Federal land (Cleveland 
National Forest) and 8 ac (3 ha) of private land in northern San Diego 
County. Lands within this subunit contain Cieneba Very Rocky Coarse 
Sandy Loam, Fallbrook Sandy Loam, and Cieneba Coarse Sandy Loam soils 
and consist primarily of chaparral and oak woodland vegetation. Subunit 
5b contains the physical and biological features essential to the 
conservation of Brodiaea filifolia because it (1) contains the PCEs for 
B. filifolia, including sandy loam soils (PCE 1E) and areas with a 
natural, generally intact surface and subsurface soil structure that 
support B. filifolia and pollinator habitat (PCE 2); (2) supports an 
occurrence in rare and unique habitat, representing one of the few 
places where this species occurs in a drainage in oak woodland habitat 
and occurring in unusual seeps and drainages on low granitic outcrops; 
and (3) supports a stable, persistent occurrence. The Cleveland 
National Forest does not currently have a management plan specific to 
B. filifolia; however, timing of cattle grazing has been adjusted to 
avoid the flowering period for the species (Winter 2004, pers. comm.). 
The physical and biological features essential to the conservation of 
the species in this subunit may require special management 
considerations or protection to address threats from nonnative invasive 
plants. Please see the ``Special Management Considerations or 
Protection'' section of this proposed rule for a discussion of the 
threats to B. filifolia habitat and potential management 
considerations.

Unit 6: Oceanside, San Diego County

    Unit 6 is located in Oceanside, San Diego County and consists of 
five subunits totaling 231 ac (93 ha) of private land.
Subunit 6a: Alta Creek
    Subunit 6a consists of 72 ac (29 ha) of private land in the City of 
Oceanside, in northern coastal San Diego County. This subunit was not 
included in the 2005 final critical habitat designation but is included 
in this proposed rule based on new information related to the 
distribution of Brodiaea filifolia. Lands within this subunit contain 
fine sandy loam, loam, or loamy fine sand and consist primarily of 
coastal sage scrub habitat. Subunit 6a contains the physical and 
biological features essential to the conservation of B. filifolia 
because it (1) contains the PCEs for B. filifolia, including loamy 
soils underlain by a clay subsoil (PCE 1A) and areas with a natural, 
generally intact surface and subsurface soil structure that support B. 
filifolia and pollinator habitat (PCE 2); and (2) supports a stable, 
persistent occurrence. The physical and biological features essential 
to the conservation of the species in this subunit may require special 
management considerations or protection to address threats from the

[[Page 64953]]

indirect effects associated with urban development. Please see the 
``Special Management Considerations or Protection'' section of this 
proposed rule for a discussion of the threats to B. filifolia habitat 
and potential management considerations.
Subunit 6b: Mesa Drive
    Subunit 6b consists of 17 ac (7 ha) of private land in the City of 
Oceanside, in northern coastal San Diego County. Lands within this 
subunit contain loamy fine sands and consist primarily of grassland 
habitat. Subunit 6b contains the physical and biological features 
essential to the conservation of Brodiaea filifolia because it (1) 
contains the PCEs for B. filifolia, including loamy soils underlain by 
a clay subsoil (PCE 1A) and areas with a natural, generally intact 
surface and subsurface soil structure that support B. filifolia and 
pollinator habitat (PCE 2); and (2) supports a stable, persistent 
occurrence. The physical and biological features essential to the 
conservation of the species in this subunit may require special 
management considerations or protection to address threats from the 
indirect effects associated with urban development and habitat 
disturbance on local government lands (Roberts 2005, pp. 1-3). Please 
see the ``Special Management Considerations or Protection'' section of 
this proposed rule for a discussion of the threats to B. filifolia 
habitat and potential management considerations.
Subunit 6c: Mission View/ Sierra Ridge
    Subunit 6c consists of 12 ac (5 ha) of private land in the City of 
Oceanside, in northern coastal San Diego County. This subunit was not 
included in the 2005 final critical habitat designation but is included 
in this proposed rule based on new information related to the 
distribution of Brodiaea filifolia. Lands within this subunit contain 
fine loamy sands and consist primarily of coastal sage scrub habitat. 
Subunit 6c contains the physical and biological features essential to 
the conservation of B. filifolia because it (1) contains the PCEs for 
B. filifolia, including loamy soils underlain by a clay subsoil (PCE 
1A) and areas with a natural, generally intact surface and subsurface 
soil structure that support B. filifolia and pollinator habitat (PCE 
2); and (2) supports a stable, persistent occurrence. The physical and 
biological features essential to the conservation of the species in 
this subunit may require special management considerations or 
protection to address threats from the indirect effects associated with 
urban development. Please see the ``Special Management Considerations 
or Protection'' section of this proposed rule for a discussion of the 
threats to B. filifolia habitat and potential management 
considerations.
Subunit 6d: Taylor/Darwin
    Subunit 6d consists of 35 ac (14 ha) of private land in the City of 
Oceanside, in northern coastal San Diego County. Lands within this 
subunit contain clay soil and fine loamy sands and consist primarily of 
annual and needlegrass grassland. Subunit 6d contains the physical and 
biological features essential to the conservation of Brodiaea filifolia 
because it (1) contains the PCEs for B. filifolia, including loamy 
soils underlain by a clay subsoil (PCE 1A) and areas with a natural, 
generally intact surface and subsurface soil structure that support B. 
filifolia and pollinator habitat (PCE 2); and (2) supports an 
occurrence of at least 6,200 individuals of B. filifolia, as documented 
in 2005 (CNDDB 2009, p. 38). The site is conserved and will not be 
developed (Helix Environmental Planning, Inc. 2004, p. 5-13). The 
physical and biological features essential to the conservation of the 
species in this subunit may require special management considerations 
or protection to address threats from nonnative invasive plants. Please 
see the ``Special Management Considerations or Protection'' section of 
this proposed rule for a discussion of the threats to B. filifolia 
habitat and potential management considerations.
Subunit 6e: Arbor Creek/Colucci
    Subunit 6e consists of 94 ac (38 ha) of private land in the City of 
Oceanside, in northern coastal San Diego County. This subunit was not 
included in the 2005 final critical habitat designation but is included 
in this proposed rule based on new information related to the 
distribution of Brodiaea filifolia. Lands within this subunit contain 
clay soil and fine loamy sands and consist primarily of annual and 
needlegrass grassland. Subunit 6e contains the physical and biological 
features essential to the conservation of B. filifolia because it (1) 
contains the PCEs for B. filifolia, including loamy soils underlain by 
a clay subsoil (PCE 1A) and areas with a natural, generally intact 
surface and subsurface soil structure that support B. filifolia and 
pollinator habitat (PCE 2); and (2) supports a stable, persistent 
occurrence, which occurs in the largest continuous block of grassland 
habitat remaining in City of Oceanside. The physical and biological 
features essential to the conservation of the species in this subunit 
may require special management considerations or protection to address 
threats from nonnative invasive plants and urban development. Please 
see the ``Special Management Considerations or Protection'' section of 
this proposed rule for a discussion of the threats to B. filifolia 
habitat and potential management considerations.

Unit 7: Carlsbad, San Diego County

    Unit 7 is located in Carlsbad, San Diego County and consists of 
four subunits totaling 263 ac (106 ha) of private land.
Subunit 7a: Letterbox Canyon
    Subunit 7a consists of 57 ac (23 ha) of private land in the City of 
Carlsbad, in northern coastal San Diego County. Lands within this 
subunit contain heavy clay soils and consist primarily of annual 
grassland. Subunit 7a contains the physical and biological features 
essential to the conservation of Brodiaea filifolia because it (1) 
contains the PCEs for B. filifolia, including loamy soils underlain by 
a clay subsoil (PCE 1A) and areas with a natural, generally intact 
surface and subsurface soil structure that support B. filifolia and 
pollinator habitat (PCE 2); and (2) supports an occurrence of at least 
39,500 individuals of B. filifolia, as documented in 2005 (CNDDB 2009, 
p. 15). The site is conserved and will be managed and monitored in 
perpetuity (Service and CDFG 2005, p. 1). The physical and biological 
features essential to the conservation of the species in this subunit 
may require special management considerations or protection to address 
threats from the indirect effects associated with urban development. 
Please see the ``Special Management Considerations or Protection'' 
section of this proposed rule for a discussion of the threats to B. 
filifolia habitat and potential management considerations. We are 
considering this subunit for exclusion under section 4(b)(2) of the Act 
because this subunit is within the area addressed by the Carlsbad HMP 
under the MHCP; please see the Areas Considered for Exclusion Under 
Section 4(b)(2) of the Act section of this proposed rule for a 
discussion about our consideration to exclude this area.
Subunit 7b: Rancho Carrillo
    Subunit 7b consists of 37 ac (15 ha) of private land in the City of 
Carlsbad, in northern coastal San Diego County. This subunit was not 
included in the 2005 final critical habitat designation but is included 
in this proposed rule based on new information related to the 
distribution of Brodiaea filifolia. Lands

[[Page 64954]]

within this subunit contain clay or sandy loam soils and consist 
primarily of annual grasslands and coastal sage scrub habitat. Subunit 
7b contains the physical and biological features essential to the 
conservation of B. filifolia because it (1) contains the PCEs for B. 
filifolia, including loamy soils underlain by a clay subsoil (PCE 1A) 
and areas with a natural, generally intact surface and subsurface soil 
structure that support B. filifolia and pollinator habitat (PCE 2); and 
(2) supports an occurrence of at least 797,000 individuals of B. 
filifolia, as documented in 2005 (this estimate was of vegetative 
plants and not flowering plants) (Scheidt and Allen 2005, p. 1). The 
physical and biological features essential to the conservation of the 
species in this subunit may require special management considerations 
or protection to address threats from the indirect effects associated 
with urban development and nonnative invasive plants. Please see the 
``Special Management Considerations or Protection'' section of this 
proposed rule for a discussion of the threats to B. filifolia habitat 
and potential management considerations. We are considering this 
subunit for exclusion under section 4(b)(2) of the Act because this 
subunit is within the area addressed by the Carlsbad HMP under the 
MHCP; please see the Areas Considered for Exclusion Under Section 
4(b)(2) of the Act section of this proposed rule for a discussion about 
our consideration to exclude this area.
Subunit 7c: Calavera Hills Village H
    Subunit 7c consists of 71 ac (29 ha) of private land in the City of 
Carlsbad, in northern coastal San Diego County. Lands within this 
subunit contain clay soil and consist primarily of annual and 
needlegrass grassland. Subunit 7c contains the physical and biological 
features essential to the conservation of Brodiaea filifolia because it 
(1) contains the PCEs for B. filifolia, including loamy soils underlain 
by a clay subsoil (PCE 1A) and areas with a natural, generally intact 
surface and subsurface soil structure that support B. filifolia and 
pollinator habitat (PCE 2); and (2) supports a stable, persistent 
occurrence of at least 2,243 plants, as documented in 2008 (McConnell 
2008, p. 9). The site is conserved and will not be developed (Planning 
Systems 2002, pp. 8-9). The physical and biological features essential 
to the conservation of the species in this subunit may require special 
management considerations or protection to address threats from 
nonnative invasive plants. Please see the ``Special Management 
Considerations or Protection'' section of this proposed rule for a 
discussion of the threats to B. filifolia habitat and potential 
management considerations. We are considering this subunit for 
exclusion under section 4(b)(2) of the Act because this subunit is 
within the area addressed by the Carlsbad HMP under the MHCP; please 
see the Areas Considered for Exclusion Under Section 4(b)(2) of the Act 
section of this proposed rule for a discussion about our consideration 
to exclude this area.
Subunit 7d: Rancho La Costa
    Subunit 7d consists of 98 ac (40 ha) of private land in the City of 
Carlsbad, in northern coastal San Diego County. Lands within this 
subunit contain clay soil and consist primarily of annual and 
needlegrass grassland. Subunit 7d contains the physical and biological 
features essential to the conservation of Brodiaea filifolia because it 
(1) contains the PCEs for B. filifolia, including loamy soils underlain 
by a clay subsoil (PCE 1A) and areas with a natural, generally intact 
surface and subsurface soil structure that support B. filifolia and 
pollinator habitat (PCE 2); and (2) supports an occurrence of at least 
13,445 individuals of B. filifolia, as documented in 2008 (CNDDB 2009, 
p. 30). The site is conserved and will not be developed (Center for 
Natural Lands Management 2005, pp. 1-5). The physical and biological 
features essential to the conservation of the species in this subunit 
may require special management considerations or protection to address 
threats from nonnative invasive plants. Please see the ``Special 
Management Considerations or Protection'' section of this proposed rule 
for a discussion of the threats to B. filifolia habitat and potential 
management considerations. We are considering this subunit for 
exclusion under section 4(b)(2) of the Act because this subunit is 
within the area addressed by the Carlsbad HMP under the MHCP; please 
see the Areas Considered for Exclusion Under Section 4(b)(2) of the Act 
section of this proposed rule for a discussion about our consideration 
to exclude this area.

Unit 8: San Marcos, San Diego County

    Unit 8 is located in San Marcos, northern San Diego County and 
consists of three subunits totaling 108 ac (44 ha) of private land.
Subunit 8b: Rancho Santalina/Loma Alta
    Subunit 8b consists of 47 ac (19 ha) of private land in the City of 
San Marcos, northern San Diego County. This subunit was not included in 
the 2005 final critical habitat designation but is included in this 
proposed rule based on new information related to the distribution of 
Brodiaea filifolia. Lands within this subunit contain clay, loam, or 
loamy fine sand soils and consist primarily of annual and needlegrass 
grassland. Subunit 8b contains the physical and biological features 
essential to the conservation of B. filifolia because it (1) contains 
the PCEs for B. filifolia, including loamy soils underlain by a clay 
subsoil (PCE 1A) and areas with a natural, generally intact surface and 
subsurface soil structure that support B. filifolia and pollinator 
habitat (PCE 2); and (2) supports an occurrence of at least 5,552 
individuals of B. filifolia, as documented in 2000, and approximately 
12,000 B. filifolia corms were transplanted to the area in 2004 (CNDDB 
2009, p. 10). The physical and biological features essential to the 
conservation of the species in this subunit may require special 
management considerations or protection to address threats from the 
indirect effects associated with urban development, unauthorized 
recreational activities, and nonnative invasive plants. Please see the 
``Special Management Considerations or Protection'' section of this 
proposed rule for a discussion of the threats to B. filifolia habitat 
and potential management considerations.
Subunit 8d: Upham
    Subunit 8d consists of 54 ac (22 ha) of private land in the City of 
San Marcos, northern San Diego County. Lands within this subunit 
contain clay soils and consist primarily of annual and needlegrass 
grassland and vernal pool habitat. Subunit 8d contains the physical and 
biological features essential to the conservation of Brodiaea filifolia 
because it (1) contains the PCEs for B. filifolia, including loamy 
soils underlain by a clay subsoil (PCE 1A) and areas with a natural, 
generally intact surface and subsurface soil structure that support B. 
filifolia and pollinator habitat (PCE 2); (2) supports a rare or unique 
occurrence, representing one of three occurrences that are associated 
with vernal pool habitat; and (3) supports an occurrence of at least 
342,000 individuals of B. filifolia, as documented in 1993 (CNDDB 2009, 
p. 9). The physical and biological features essential to the 
conservation of the species in this subunit may require special 
management considerations or protection to address threats from the 
indirect effects associated with urban development, unauthorized 
recreational

[[Page 64955]]

activities, and nonnative invasive plants. Please see the ``Special 
Management Considerations or Protection'' section of this proposed rule 
for a discussion of the threats to B. filifolia habitat and potential 
management considerations.
Subunit 8f: Oleander/San Marcos
    Subunit 8f consists of 7 ac (3 ha) of land owned by the San Marcos 
Unified School District near the City of San Marcos, in northern San 
Diego County. This subunit was not included in the 2005 final critical 
habitat designation but is included in this proposed rule based on new 
information related to the distribution of Brodiaea filifolia. Lands 
within this subunit contain clay, loam, or loamy fine sand soils and 
consist primarily of annual grassland. Unit 8f contains the physical 
and biological features essential to the conservation of B. filifolia 
because it (1) contains the PCEs for B. filifolia, including loamy 
soils underlain by a clay subsoil (PCE 1A) and areas with a natural, 
generally intact surface and subsurface soil structure that support B. 
filifolia and pollinator habitat (PCE 2); and (2) supports an 
occurrence of at least 3,802 individuals of B. filifolia, as documented 
in 2005 (Dudek and Associates, Inc. 2005, p. 19). The physical and 
biological features essential to the conservation of the species in 
this subunit may require special management considerations or 
protection to address threats from nonnative invasive plants. Please 
see the ``Special Management Considerations or Protection'' section of 
this proposed rule for a discussion of the threats to B. filifolia 
habitat and potential management considerations.

Unit 11: Western Riverside County

    Unit 11 is located in western Riverside County and consists of 
eight subunits totaling 1,494 ac (605 ha). This unit contains 53 ac (21 
ha) of Federal land, 766 ac (310 ha) of State land, 5 ac (2 ha) of 
local government land and 670 ac (271 ha) of private land.
Subunit 11a: San Jacinto Wildlife Area
    Subunit 11a consists of 385 ac (156 ha) of State land (CDFG) and 16 
ac (6 ha) of private land at the San Jacinto Wildlife Area, in western 
Riverside County. Lands within this subunit contain Willows silty clay, 
Waukena loam and Waukena fine sandy loam, Traver fine sandy loam and 
Traver loamy fine sand, and Hanford coarse sandy loam soils and consist 
primarily of annual grassland, alkali scrub habitat, and alkali playa 
habitat. Subunit 11a contains the physical and biological features 
essential to the conservation of Brodiaea filifolia because it (1) 
contains the PCEs for B. filifolia, including silty loam soils 
underlain by a clay subsoil or caliche that are generally poorly 
drained and moderately to strongly alkaline (PCE 1C) and areas with a 
natural, generally intact surface and subsurface soil structure that 
support B. filifolia and pollinator habitat (PCE 2); (2) supports a 
rare or unique occurrence, representing one of four occurrences 
associated with alkali playa habitat; and (3) supports a stable, 
persistent occurrence. The physical and biological features essential 
to the conservation of the species in this subunit may require special 
management considerations or protection to address threats from 
nonnative invasive plants and construction of new roads or improvements 
to existing roadways (Service 2005b, pp. 137, 189). Please see the 
``Special Management Considerations or Protection'' section of this 
proposed rule for a discussion of the threats to B. filifolia habitat 
and potential management considerations. We are considering this 
subunit for exclusion under section 4(b)(2) of the Act because this 
subunit is within the area addressed by the Western Riverside County 
MSHCP; please see the Areas Considered for Exclusion Under Section 
4(b)(2) of the Act section of this proposed rule for a discussion about 
our consideration to exclude this area.
Subunit 11b: San Jacinto Avenue and Dawson Road
    Subunit 11b consists of 117 ac (47 ha) of private land near San 
Jacinto Avenue and Dawson Road, in western Riverside County. Lands 
within this subunit contain Willows silty clay and Domino silt loam 
soils and consist primarily of annual grassland, alkali scrub habitat, 
and alkali playa habitat. Subunit 11b contains the physical and 
biological features essential to the conservation of Brodiaea filifolia 
because it (1) contains the PCEs for B. filifolia, including silty loam 
soils underlain by a clay subsoil or caliche that are generally poorly 
drained and moderately to strongly alkaline (PCE 1C) and areas with a 
natural, generally intact surface and subsurface soil structure that 
support B. filifolia and pollinator habitat (PCE 2); and (2) supports a 
rare or unique occurrence, representing one of four occurrences that 
are associated with alkali playa habitat. The physical and biological 
features essential to the conservation of the species in this subunit 
may require special management considerations or protection to address 
threats from discing, grazing, manure dumping, and nonnative invasive 
plants (CNDDB 2009, p. 60). Please see the ``Special Management 
Considerations or Protection'' section of this proposed rule for a 
discussion of the threats to B. filifolia habitat and potential 
management considerations. We are considering this subunit for 
exclusion under section 4(b)(2) of the Act because this subunit is 
within the area addressed by the Western Riverside County MSHCP; please 
see the Areas Considered for Exclusion Under Section 4(b)(2) of the Act 
section of this proposed rule for a discussion about our consideration 
to exclude this area.
Subunit 11c: Case Road
    Subunit 11c consists of 180 ac (73 ha) of private land west of I-
215, near the City of Perris, in western Riverside County. Lands within 
this subunit contain Willows silty clay and Domino silt loam soils and 
consist primarily of agricultural land, floodplain habitat, alkali 
scrub habitat, and alkali playa habitat. Subunit 11c contains the 
physical and biological features essential to the conservation of 
Brodiaea filifolia because it (1) contains the PCEs for B. filifolia, 
including silty loam soils underlain by a clay subsoil or caliche that 
are generally poorly drained and moderately to strongly alkaline (PCE 
1C) and areas with a natural, generally intact surface and subsurface 
soil structure that support B. filifolia and pollinator habitat (PCE 
2); (2) supports a rare or unique occurrence, representing one of four 
occurrences that are associated with alkali playa habitat; and (3) 
supports an occurrence of at least 4,555 individuals of B. filifolia, 
as documented in 2000 (Glenn Lukos Associates, Inc. 2000a, Map of San 
Jacinto River Stage 3 Project Impacts Version 2 Alignment; Glenn Lukos 
Associates, Inc. 2000b, pp. 17-18; CNDDB 2009, p. 2). The physical and 
biological features essential to the conservation of the species in 
this subunit may require special management considerations or 
protection to address threats from OHV activity, encroaching urban 
development, manure dumping, and nonnative invasive plants. Please see 
the ``Special Management Considerations or Protection'' section of this 
proposed rule for a discussion of the threats to B. filifolia habitat 
and potential management considerations. We are considering this 
subunit for exclusion under section 4(b)(2) of the Act because this 
subunit is within the area addressed by the Western Riverside County 
MSHCP; please see the Areas Considered for Exclusion Under Section 
4(b)(2) of the Act section of this

[[Page 64956]]

proposed rule for a discussion about our consideration to exclude this 
area.
Subunit 11d: Railroad Canyon
    Subunit 11d consists of 53 ac (21 ha) of Federal land owned by the 
Bureau of Land Management and 205 ac (83 ha) of private land north of 
Kabian County Park and southwest of the City of Perris, in western 
Riverside County. Lands within this subunit contain Lodo rocky loam, 
Garretson gravelly very fine sandy loam and Garretson very fine sandy 
loam, Escondido fine sandy loam, and Grangeville fine sandy loam soils 
and consist primarily of annual grassland. Subunit 11d contains the 
physical and biological features essential to the conservation of 
Brodiaea filifolia because it (1) contains the PCEs for B. filifolia, 
including silty loam soils underlain by a clay subsoil or caliche that 
are generally poorly drained and moderately to strongly alkaline (PCE 
1C) and areas with a natural, generally intact surface and subsurface 
soil structure that support B. filifolia and pollinator habitat (PCE 
2); and (2) supports an occurrence of at least 3,205 individuals of B. 
filifolia, as documented in 2000 (Glenn Lukos Associates 2000a, pp. 13, 
24; CNDDB 2009, p. 23). The occurrence in Railroad Canyon is at risk 
from the proposed San Jacinto River Flood Control Project. That project 
includes channelization of the river, which may result in changes in 
floodplain process essential to the species persistence in this subunit 
(Service 2004b, p. 382). The physical and biological features essential 
to the conservation of the species in this subunit may require special 
management considerations or protection to address threats from the 
indirect effects associated with urban development, river 
channelization for flood control, and nonnative invasive plants. Please 
see the ``Special Management Considerations or Protection'' section of 
this proposed rule for a discussion of the threats to B. filifolia 
habitat and potential management considerations. We are considering 
this subunit for exclusion under section 4(b)(2) of the Act because 
this subunit is within the area addressed by the Western Riverside 
County MSHCP; please see the Areas Considered for Exclusion Under 
Section 4(b)(2) of the Act section of this proposed rule for a 
discussion about our consideration to exclude this area.
Subunit 11e: Upper Salt Creek (Stowe Pool)
    Subunit 11e consists 145 ac (59 ha) of private land in the Upper 
Salt Creek drainage west of Hemet, in western Riverside County. Lands 
within this subunit contain Willows silty clay, Chino silt loam, Honcut 
loam, and Wyman loam and consist primarily of annual grassland, alkali 
scrub habitat, and alkali playa habitat. Subunit 11e contains the 
physical and biological features essential to the conservation of 
Brodiaea filifolia because it (1) contains the PCEs for B. filifolia, 
including silty loam soils underlain by a clay subsoil or caliche that 
are generally poorly drained and moderately to strongly alkaline (PCE 
1C), and areas with a natural, generally intact surface and subsurface 
soil structure that support B. filifolia and pollinator habitat (PCE 
2); and (2) supports a rare or unique occurrence, representing one of 
three occurrences that are associated with vernal pool habitat. This 
subunit is crossed by roadways that, if altered (widened or realigned), 
could change the topography and thereby negatively affect the 
hydrologic integrity of the pool complexes and favor the growth of 
nonnative invasive plant species (CNDDB 2009, p. 24; Service 2004b, p. 
382). The physical and biological features essential to the 
conservation of the species in this subunit may require special 
management considerations or protection to address threats from 
nonnative invasive plants and transportation projects. Please see the 
``Special Management Considerations or Protection'' section of this 
proposed rule for a discussion of the threats to B. filifolia habitat 
and potential management considerations. We are considering this 
subunit for exclusion under section 4(b)(2) of the Act because this 
subunit is within the area addressed by the Western Riverside County 
MSHCP; please see the Areas Considered for Exclusion Under Section 
4(b)(2) of the Act section of this proposed rule for a discussion about 
our consideration to exclude this area.
Subunit 11f: Santa Rosa Plateau - Mesa de Colorado
    Subunit 11f consists of 221 ac (89 ha) of State-owned land, 5 ac (2 
ac) of local government land and 8 ac (3 ha) of private land on the 
Santa Rosa Plateau, in southwestern Riverside County. Lands within this 
subunit contain Murrieta stony clay loam, and Las Posas rocky loam and 
Las Posas loam soils and consist primarily of annual and needlegrass 
grassland and vernal pool habitat. Subunit 11f contains the physical 
and biological features essential to the conservation of Brodiaea 
filifolia because it (1) contains the PCEs for B. filifolia, including 
clay loam soil series underlain by heavy clay loams or clays derived 
from olivine basalt lava flows that generally occur on mesas and gentle 
to moderate slopes (PCE 1D) and areas with a natural, generally intact 
surface and subsurface soil structure that support B. filifolia and 
pollinator habitat (PCE 2); (2) supports a rare or unique occurrence, 
representing one of three occurrences that are associated with vernal 
pool habitat; and (3) supports an occurrence of at least 31,725 
individuals of B. filifolia, as documented in 1990 (CNDDB 2009, p. 5). 
The physical and biological features essential to the conservation of 
the species in this subunit may require special management 
considerations or protection to address threats from the indirect 
effects associated with urban development and nonnative invasive 
plants. Please see the ``Special Management Considerations or 
Protection'' section of this proposed rule for a discussion of the 
threats to B. filifolia habitat and potential management 
considerations. We are considering this subunit for exclusion under 
section 4(b)(2) of the Act because this subunit is within the area 
addressed by the Western Riverside County MSHCP; please see the Areas 
Considered for Exclusion Under Section 4(b)(2) of the Act section of 
this proposed rule for a discussion about our consideration to exclude 
this area.
Subunit 11g: Santa Rosa Plateau - South of Tenaja Road
    Subunit 11g consists of 117 ac (47 ha) of State-owned land on the 
Santa Rosa Plateau, in southwestern Riverside County. Lands within this 
subunit contain Murrieta stony clay loam, and Las Posas rocky loam and 
Las Posas loam soils and consist primarily of annual and needlegrass 
grassland and vernal pool habitat. Subunit 11g contains the physical 
and biological features essential to the conservation of Brodiaea 
filifolia because it (1) contains the PCEs for B. filifolia, including 
clay loam soil series underlain by heavy clay loams or clays derived 
from olivine basalt lava flows that generally occur on mesas and gentle 
to moderate slopes (PCE 1D) and areas with a natural, generally intact 
surface and subsurface soil structure that support B. filifolia and 
pollinator habitat (PCE 2); and (2) supports a rare or unique 
occurrence, occurring along an ephemeral drainage in seep type 
habitats. The physical and biological features essential to the 
conservation of the species in this subunit may require special 
management considerations or protection to address threats from 
nonnative invasive plants. Please see the ``Special Management 
Considerations or Protection'' section of

[[Page 64957]]

this proposed rule for a discussion of the threats to B. filifolia 
habitat and potential management considerations. We are considering 
this subunit for exclusion under section 4(b)(2) of the Act because 
this subunit is within the area addressed by the Western Riverside 
County MSHCP; please see the Areas Considered for Exclusion Under 
Section 4(b)(2) of the Act section of this proposed rule for a 
discussion about our consideration to exclude this area.
Subunit 11h: Santa Rosa Plateau - North of Tenaja Road
    Subunit 11h consists of 44 ac (18 ha) of State-owned land on the 
Santa Rosa Plateau, in southwestern Riverside County. Lands within this 
subunit contain Murrieta stony clay loam, and Las Posas rocky loam and 
Las Posas loam soils and consist primarily of annual and needlegrass 
grassland and vernal pool habitat. Subunit 11h contains the physical 
and biological features essential to the conservation of Brodiaea 
filifolia because it (1) contains the PCEs for B. filifolia, including 
clay loam soil series underlain by heavy clay loams or clays derived 
from olivine basalt lava flows that generally occur on mesas and gentle 
to moderate slopes (PCE 1D), and areas with a natural, generally intact 
surface and subsurface soil structure that support B. filifolia and 
pollinator habitat (PCE 2); and (2) supports a rare or unique 
occurrence, occurring along an ephemeral drainage in seep type 
habitats. The physical and biological features essential to the 
conservation of the species in this subunit may require special 
management considerations or protection to address threats from 
nonnative invasive plants. Please see the ``Special Management 
Considerations or Protection'' section of this proposed rule for a 
discussion of the threats to B. filifolia habitat and potential 
management considerations. We are considering this subunit for 
exclusion under section 4(b)(2) of the Act because this subunit is 
within the area addressed by the Western Riverside County MSHCP; please 
see the Areas Considered for Exclusion Under Section 4(b)(2) of the Act 
section of this proposed rule for a discussion about our consideration 
to exclude this area.
Unit 12: Central San Diego County - Artesian Trails
    Unit 12 is located in central San Diego County and consists of 109 
ac (44 ha) of private land. This unit was not included in the 2005 
final critical habitat designation but is included in this proposed 
rule based on new information related to the distribution of Brodiaea 
filifolia. Lands within this subunit contain fine loamy sands and 
consist primarily of coastal sage scrub habitat and annual grassland. 
Unit 12 contains physical and biological features that are essential to 
the conservation of B. filifolia because it (1) contains the PCEs for 
B. filifolia, including loamy soils underlain by a clay subsoil (PCE 
1A) and areas with a natural, generally intact surface and subsurface 
soil structure that support B. filifolia and pollinator habitat (PCE 
2); and (2) supports a stable, persistent occurrence. The physical and 
biological features essential to the conservation of the species in 
this subunit may require special management considerations or 
protection to address threats from the indirect effects associated with 
urban development and nonnative invasive plants. Please see the 
``Special Management Considerations or Protection'' section of this 
proposed rule for a discussion of the threats to B. filifolia habitat 
and potential management considerations. We are considering this 
subunit for exclusion under section 4(b)(2) of the Act because this 
subunit is within the area addressed by the Western Riverside County 
MSHCP; please see the Areas Considered for Exclusion Under Section 
4(b)(2) of the Act section of this proposed rule for a discussion about 
our consideration to exclude this area.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) 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. Decisions 
by the Fifth and Ninth Circuit Courts of Appeals have invalidated our 
definition of ``destruction or adverse modification'' (50 CFR 402.02) 
(see Gifford Pinchot Task Force v. U.S. Fish and Wildlife Service, 378 
F. 3d 1059 (9th Cir 2004) and Sierra Club v. U.S. Fish and Wildlife 
Service et al., 245 F.3d 434, 442F (5th Cir 2001)), and we do not rely 
on this regulatory definition when analyzing whether an action is 
likely to destroy or adversely modify critical habitat. Under the 
statutory provisions of the Act, we determine destruction or adverse 
modification on the basis of whether, with implementation of the 
proposed Federal action, the affected critical habitat would remain 
functional (or retain the current ability for the PCEs to be 
functionally established) to serve its intended conservation role for 
the species (Service 2004c, p. 3). Section 7(a)(2) of the Act requires 
Federal agencies, including the Service, to evaluate their actions with 
respect to any species that is 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 species proposed for listing 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 or opinion are advisory.
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. As a result of this consultation, 
we document compliance with the requirements of section 7(a)(2) through 
our issuance of:
    (1) A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or designated 
critical habitat; or
     (2) A biological opinion for Federal actions that are likely to 
adversely affect listed species or designated critical habitat.
    An exception to the concurrence process referred to in (1) above 
occurs in consultations involving National Fire Plan projects. In 2004, 
the U.S. Forest Service and the BLM reached agreements with the Service 
to streamline a portion of the section 7 consultation process (BLM-ACA 
2004, pp. 1-8; FS-ACA 2004, pp. 1-8). The agreements allow the U.S. 
Forest Service and the BLM the opportunity to

[[Page 64958]]

make ``not likely to adversely affect'' (NLAA) determinations for 
projects implementing the National Fire Plan. Such projects include 
prescribed fire, mechanical fuels treatments (thinning and removal of 
fuels to prescribed objectives), emergency stabilization, burned area 
rehabilitation, road maintenance and operation activities, ecosystem 
restoration, and culvert replacement actions. The U.S. Forest Service 
and the BLM must insure staff are properly trained, and both agencies 
must submit monitoring reports to the Service to determine if the 
procedures are being implemented properly and that effects on 
endangered species and their habitats are being properly evaluated. As 
a result, we do not believe the alternative consultation processes 
being implemented as a result of the National Fire Plan will differ 
significantly from those consultations being conducted by the Service.
    If we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species or 
destroy or adversely modify critical habitat, we also provide 
reasonable and prudent alternatives to the project, if any are 
identifiable. We define ``reasonable and prudent alternatives'' 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,
     Can be implemented consistent with the scope of the 
Federal agency's legal authority and jurisdiction,
     Are economically and technologically feasible, and
     Would, in the Director's opinion, avoid jeopardizing the 
continued existence of the listed species or destroying or adversely 
modifying its 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 we have 
listed a new species or subsequently designated critical habitat that 
may be affected and the Federal agency has retained discretionary 
involvement or control over the action (or the agency's discretionary 
involvement or control is authorized by law). Consequently, Federal 
agencies may sometimes need to request reinitiation of consultation 
with us on actions for which formal consultation has been completed, if 
those actions with discretionary involvement or control may affect 
subsequently listed species or designated critical habitat.
    Federal activities that may affect Brodiaea filifolia or its 
designated critical habitat will require section 7(a)(2) consultation 
under the Act. Activities on State, tribal, local, or private lands 
requiring a Federal permit (such as a permit from the U.S. Army Corps 
of Engineers under section 404 of the Clean Water Act (33 U.S.C. 1251 
et seq.) or a permit under section 10(a)(1)(B) of the Act from the 
Service) or involving some other Federal action (such as funding from 
the Federal Highway Administration, Federal Aviation Administration, or 
the Federal Emergency Management Agency) will also be subject to the 
section 7(a)(2) consultation process. Federal actions not affecting 
listed species or critical habitat, and actions on State, tribal, 
local, or private lands that are not federally funded, authorized, or 
permitted, do not require section 7(a)(2) consultations.

Application of the ``Adverse Modification'' Standard

    The key factor related to the adverse modification determination is 
whether, with implementation of the proposed Federal action, the 
affected critical habitat would continue to serve its intended 
conservation role for the species, or would retain its current ability 
for the primary constituent elements to be functionally established. 
Activities that may destroy or adversely modify critical habitat are 
those that alter the physical and biological features to an extent that 
appreciably reduces the conservation value of critical habitat for 
Brodiaea filifolia. Generally, the conservation role of the B. 
filifolia proposed revised critical habitat units is to support viable 
populations throughout this species' range.
    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, when carried out, funded, or authorized by a 
Federal agency, may affect critical habitat and therefore should result 
in consultation for Brodiaea filifolia include, but are not limited to, 
the following:
     (1) Actions that result in ground disturbance. Such activities 
could include (but are not limited to) residential or commercial 
development, OHV activity, pipeline construction, new road construction 
or widening, existing road maintenance, manure dumping, and grazing. 
These activities potentially impact the habitat and PCEs of Brodiaea 
filifolia by damaging, disturbing, and altering soil composition 
through direct impacts, increased erosion, and increased nutrient 
content. Additionally, changes in soil composition may lead to changes 
in the vegetation composition, thereby changing the overall habitat 
type.
     (2) Actions that result in alteration of the hydrological regimes 
typically associated with Brodiaea filifolia habitat. Such activities 
could include residential or commercial development, OHV activity, 
pipeline construction, new road construction or widening, existing road 
maintenance, and channelization of drainages. These activities could 
alter surface layers and the hydrological regime in a manner that 
promotes loss of soil matrix components and moisture necessary to 
support the growth and reproduction of B. filifolia.
    (3) Actions that would disturb the existing vegetation communities 
adjacent to Brodiaea filifolia habitat prior to annual pollination and 
seed set (reproduction). Such activities could include (but are not 
limited to) grazing, mowing, grading, or discing habitat in the spring 
and early summer months. These activities could alter the habitat for 
pollinators leading to potential decreased pollination and 
reproduction.
    (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 could result in excavation, or mechanized land 
clearing of Brodiaea filifolia habitat. These activities could alter 
the habitat in such a way that soil, seeds, and corms of B. filifolia 
are removed and which permanently alter the habitat.
    (5) Licensing or construction of communication sites by the Federal 
Communications Commission or funding of construction or development 
activities by the U.S. Department of Housing and Urban Development that 
could result in excavation, or mechanized land clearing of Brodiaea 
filifolia habitat.

Exemptions Under Section 4(a)(3) of the Act

    The National Defense Authorization Act for Fiscal Year 2004 (Pub. 
L. 108-136) amended the Act to limit areas eligible for designation as 
critical habitat. Specifically, section 4(a)(3)(B)(i)

[[Page 64959]]

of the Act (16 U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary 
shall not designate as critical habitat any lands or other geographical 
areas owned or controlled by the Department of Defense, or designated 
for its use, that are subject to an integrated natural resources 
management plan prepared under section 101 of the Sikes Act 
[Improvement Act of 1997 (Sikes Act)] (16 U.S.C. 670a), if the 
Secretary determines in writing that such plan provides a benefit to 
the species for which critical habitat is proposed for designation.''
    The Sikes Act required each military installation that includes 
land and water suitable for the conservation and management of natural 
resources to complete an integrated natural resources management plan 
(INRMP) by November 17, 2001. An INRMP integrates implementation of the 
military mission of the installation with stewardship of the natural 
resources found on the base. Each INRMP includes:
    (1) An assessment of the ecological needs on the installation, 
including the need to provide for the conservation of listed species;
    (2) A statement of goals and priorities;
    (3) A detailed description of management actions to be implemented 
to provide for these ecological needs; and
    (4) A monitoring and adaptive management plan.
    Among other things, each INRMP must, to the extent appropriate and 
applicable, provide for fish and wildlife management; fish and wildlife 
habitat enhancement or modification; wetland protection, enhancement, 
and restoration where necessary to support fish and wildlife; and 
enforcement of applicable natural resource laws.
    We consult with the military on the development and implementation 
of INRMPs for installations with federally listed species. Only one 
military installation with an approved INRMP, Marine Corps Base Camp 
Pendleton (MCB Camp Pendleton), is located within the range of Brodiaea 
filifolia and supports features essential to the species' conservation. 
We analyzed MCB Camp Pendleton's INRMP to determine if the lands 
subject to the INRMP should be exempted under the authority of section 
4(a)(3)(B) of the Act.
    Marine Corps Base Camp Pendleton has committed to work closely with 
us, CDFG, and California Department of Parks and Recreation (CDPR) to 
continually refine the existing INRMP as part of the Sikes Act's INRMP 
review process. Based on the considerations discussed below and in 
accordance with section 4(a)(3)(B)(i) of the Act, we have determined 
that conservation efforts identified in the INRMP provide a benefit to 
Brodiaea filifolia occurring in habitats within or adjacent to MCB Camp 
Pendleton. Therefore, approximately 1,531 ac (620 ha) of habitat on MCB 
Camp Pendleton subject to the INRMP is exempt from critical habitat 
designation under section 4(a)(3) of the Act, and is not included in 
this proposed revised critical habitat designation.
    In the previous final critical habitat designation for Brodiaea 
filifolia, we exempted lands determined to contain features essential 
to the conservation of species on MCB Camp Pendleton from the 
designation of critical habitat (70 FR 73820; December 13, 2005). We 
based this decision on the conservation benefits to B. filifolia 
identified in the INRMP developed by MCB Camp Pendleton in November 
2001. A revised and updated INRMP was prepared by MCB Camp Pendleton in 
March 2007 (MCB Camp Pendleton 2007). We determined that conservation 
efforts identified in the INRMP provide a benefit to the populations of 
B. filifolia and this species' habitat occurring on MCB Camp Pendleton 
(MCB Camp Pendleton 2007, Section 4, pp. 51-76). The INRMP provides 
measures that promote the conservation of B. filifolia within the 1,531 
ac (620 ha) of habitat that we believe contain the features essential 
to the conservation of B. filifolia on MCB Camp Pendleton, which are 
subject to the INRMP, within the following areas: Cristianitos Canyon, 
Bravo One, Bravo Two South, Basilone/San Mateo Junction, Camp Horno, 
Pilgrim Creek, and South White Beach.
    Measures included for Brodiaea filifolia in the MCB Camp Pendleton 
INRMP require ongoing efforts to survey and monitor the species, and 
provide this information to all necessary personnel through MCB Camp 
Pendleton's GIS database on sensitive resources and in their published 
resource atlas. The updated INRMP includes the following conservation 
measures for B. filifolia: (1) Surveys and monitoring, studies, impact 
avoidance and minimization, and habitat restoration and enhancement; 
(2) species survey information stored in MCB Camp Pendleton's GIS 
database and recorded in a resource atlas that is published and updated 
on a semi-annual basis; (3) use of the resource atlas to plan 
operations and projects to avoid impacts to B. filifolia and to trigger 
section 7 consultations if an action may affect the species; and (4) 
transplantation when avoidance is not possible. These measures are 
established and represent ongoing aspects of existing programs that 
provide a benefit to B. filifolia. MCB Camp Pendleton also has Base 
directives and Range and Training Regulations that are integral to 
their INRMP and provide benefits to B. filifolia. MCB Camp Pendleton 
implements Base directives to avoid and minimize adverse effects to B. 
filifolia, such as: (1) Limit bivouac, command post, and field support 
activities such that they are no closer than 164 ft (50 m) to occupied 
habitat year round; (2) limit vehicle and equipment operations to 
existing road and trail networks year round; and (3) require 
environmental clearance prior to any soil excavation, filling, or 
grading. Finally, MCB Camp Pendleton has contracted and funded surveys 
for B. filifolia in summer 2005 and development of a GIS-based 
monitoring system that will provide improved management of natural 
resources on the installation, including for B. filifolia.
    Additionally, MCB Camp Pendleton's environmental security staff 
review projects and enforce existing regulations and orders that, 
through their implementation, avoid and minimize impacts to natural 
resources, including Brodiaea filifolia and its habitat. As a result, 
activities occurring on MCB Camp Pendleton are currently being 
conducted in a manner that minimizes impacts to B. filifolia habitat. 
Finally, MCB Camp Pendleton provides training to personnel on 
environmental awareness for sensitive resources on the Base including 
B. filifolia and its habitat.
    Based on MCB Camp Pendleton's Sikes Act program (including the 
management of Brodiaea filifolia), there is a high degree of certainty 
that MCB Camp Pendleton will continue to implement their INRMP in 
coordination with the Service and the CDFG in a manner that provides a 
benefit to B. filifolia, coupled with a high degree of certainty that 
the conservation efforts of their INRMP will be effective. Service 
biologists work closely with MCB Camp Pendleton on a variety of issues 
relating to endangered and threatened species, including B. filifolia. 
The management programs, Base directives, and Range and Training 
Regulations that avoid and minimize impacts to B. filifolia are 
consistent with section 7 consultations with MCB Camp Pendleton. 
Therefore, the Secretary has determined that the INRMP for MCB Camp 
Pendleton provides a benefit for B. filifolia, and lands subject to the 
INRMP for MCB Camp Pendleton containing features essential to the 
conservation of the species are exempt from critical habitat

[[Page 64960]]

designation pursuant to section 4(a)(3) of the Act. As a result, we are 
not including approximately 1,531 ac (620 ha) of habitat for B. 
filifolia on MCP Camp Pendleton in this proposed revised critical 
habitat designation.

Areas Considered for Exclusion Under Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act states that the Secretary must designate 
or revise critical habitat on the basis of the best available 
scientific data after taking into consideration the economic impact, 
national security impact, and any other relevant impact of specifying 
any particular area as critical habitat. The Secretary may exclude an 
area from critical habitat if he determines that the benefits of such 
exclusion outweigh the benefits of specifying such area as part of the 
critical habitat, unless he determines, based on the best scientific 
data available, that the failure to designate such area as critical 
habitat will result in the extinction of the species. In making that 
determination, the legislative history is clear that the Secretary has 
broad discretion regarding which factor(s) to use and how much weight 
to give to any factor.
    Under section 4(b)2) of the Act, in considering whether to exclude 
a particular area from the designation, we must identify the benefits 
of including the area in the designation, identify the benefits of 
excluding the area from the designation, and determine whether the 
benefits of exclusion outweigh the benefits of inclusion. If, based on 
this analysis, we determine that the benefits of exclusion outweigh the 
benefits of inclusion, we can exclude the area only if such exclusion 
would not result in the extinction of the species.
    An analysis of the economic impacts for our previous proposed 
critical habitat designation was conducted and made available to the 
public on October 6, 2005 (70 FR 58361). This economic analysis was 
finalized for the final rule to designate critical habitat for Brodiaea 
filifolia as published in the Federal Register on December 13, 2005 (70 
FR 58361). In compliance with section 4(b)(2) of the Act we are 
preparing a new draft economic analysis of the impacts of this proposed 
revision to critical habitat for B. filifolia, to evaluate the 
potential impacts of this proposed revised designation and related 
factors. See the ``Regulatory Flexibility Act'' section for more 
information. We will announce the availability of the draft economic 
analysis as soon as it is completed, at which time we will seek public 
review and comment. At that time, copies of the draft economic analysis 
will be available for downloading from the Internet at http://www.regulations.gov, or by contacting the Carlsbad Fish and Wildlife 
Office directly (see FOR FURTHER INFORMATION CONTACT). Based on public 
comment on that document and the proposed designation itself, as well 
as the information in the final economic analysis, the Secretary may 
exclude from critical habitat areas different from those identified for 
possible exclusion in this proposed rule under the provisions of 
section 4(b)(2) of the Act, up to and including all areas proposed for 
designation. This is also addressed in our implementing regulations at 
50 CFR 424.19.
    In addition to economic impacts, we consider a number of factors in 
a section 4(b)(2) analysis. For example, we consider whether there are 
lands owned by the Department of Defense where a national security 
impact might exist. We also consider whether landowners have developed 
any habitat conservation plans (HCPs) or other management plans for the 
area, or whether there are conservation partnerships that would be 
encouraged or discouraged by designation of, or exclusion from, 
critical habitat in an area. In addition, we look at the presence of 
Tribal lands or Tribal Trust resources that might be affected, and 
consider the government-to-government relationship of the United States 
with the Tribal entities. We also consider any social impacts that 
might occur because of the designation.
    As discussed in further detail in the Habitat Conservation Plan 
Lands--Exclusions under Section 4(b)(2) of the Act section below, we 
have preliminarily identified certain areas that we are considering 
excluding from the final revised critical habitat designation for 
Brodiaea filifolia under section 4(b)(2) of the Act. However, we 
specifically solicit comments on the inclusion or exclusion of such 
areas (see Public Comments section).
    Most federally listed species in the United States will not recover 
without the cooperation of non-Federal landowners. More than 60 percent 
of the United States is privately owned (National Wilderness Institute 
1995, p. 2), and at least 80 percent of endangered or threatened 
species occur either partially or solely on private lands (Crouse et 
al. 2002, p. 720). Stein et al. (1995, p. 400) found that only about 12 
percent of listed species were found almost exclusively on Federal 
lands (90 to 100 percent of their known occurrences restricted to 
Federal lands) and that 50 percent of federally listed species are not 
known to occur on Federal lands at all.
    Given the distribution of listed species with respect to land 
ownership, conservation of listed species in many parts of the United 
States is dependent upon working partnerships with a wide variety of 
entities and the voluntary cooperation of many non-Federal landowners 
(Wilcove and Chen 1998, p. 1407; Crouse et al. 2002, p. 720; James 
2002, p. 271). Building partnerships and promoting voluntary 
cooperation of landowners are essential to our understanding the status 
of species on non-Federal lands, and necessary for us to implement 
recovery actions such as reintroducing listed species and restoring and 
protecting habitat.
    Many private landowners, however, are wary of the possible 
consequences of attracting endangered species to their property. 
Mounting evidence suggests that some regulatory actions by the Federal 
government, while well-intentioned and required by law, can (under 
certain circumstances) have unintended negative consequences for the 
conservation of species on private lands (Wilcove et al. 1996, pp. 5-6; 
Bean 2002, pp. 2-3; Conner and Mathews 2002, pp. 1-2; James 2002, pp. 
270-271; Koch 2002, pp. 2-3; Brook et al. 2003, pp. 1639-1643). Many 
landowners fear a decline in their property value due to real or 
perceived restrictions on land use options where threatened or 
endangered species are found. Consequently, harboring endangered 
species is viewed by many landowners as a liability. This perception 
results in anti-conservation incentives, because maintaining habitats 
that harbor endangered species represents a risk to future economic 
opportunities (Main et al. 1999, pp. 1264-1265; Brook et al. 2003, pp. 
1644-1648).
    The purpose of designating critical habitat is to contribute to the 
conservation of threatened and endangered species and the ecosystems 
upon which they depend. The outcome of the designation, triggering 
regulatory requirements for actions funded, authorized, or carried out 
by Federal agencies under section 7(a)(2) of the Act, can sometimes be 
counterproductive to its intended purpose on non-Federal lands. Thus, 
the benefits of excluding areas that are covered by effective 
partnerships or other voluntary conservation commitments can often be 
high, particularly for listed plant species.

Habitat Conservation Plan Lands--Exclusions under Section 4(b)(2) of 
the Act

    The benefits of excluding lands with approved HCPs that cover 
listed plant

[[Page 64961]]

species from critical habitat designation include relieving landowners, 
communities, and counties of any additional regulatory burden that 
might be imposed by critical habitat. Many HCPs take years to develop, 
and upon completion, are consistent with recovery objectives for listed 
species that are covered within the plan area. Many HCPs also provide 
conservation benefits to unlisted sensitive species.
    A related benefit of excluding lands covered by approved HCPs from 
critical habitat designation is the unhindered, continued ability it 
gives us to seek new partnerships with future plan participants, 
including States, counties, local jurisdictions, conservation 
organizations, and private landowners, which together can implement 
conservation actions that we would be unable to accomplish otherwise. 
Habitat conservation plans often cover a wide range of species, 
including listed plant species and species that are not State and 
federally listed and would otherwise receive little protection from 
development. By excluding these lands, we preserve our current 
partnerships and encourage additional conservation actions in the 
future.
    Brodiaea filifolia is covered under the Orange County Southern 
Subregion HCP, the Carlsbad HMP under the MHCP, the Western Riverside 
County MSHCP, and the City and County of San Diego Subarea Plans under 
the MSCP. The Secretary is considering exercising his discretion to 
exclude lands covered by these plans (see Table 5 for a list of the 
subunits that are being considered for exclusion). In this revised 
proposed rule, we are seeking input from the stakeholders in these HCPs 
and from the public on lands that the Secretary should consider for 
exclusion from the final designation of critical habitat for B. 
filifolia.

    TABLE 5. Lands that meet the definition of critical habitat, are
  included in approved habitat conservation plans (HCPs), and are being
    considered for exclusion under section 4(b)(2) of the Act in this
             proposed revised critical habitat designation.
------------------------------------------------------------------------
                                                 Area considered for
        HCP and Associated Subunit           exclusion  (acres/hectares)
                                                         \1\
------------------------------------------------------------------------
                  Orange County Southern Subregion HCP
------------------------------------------------------------------------
4b. Caspers Wilderness Park                 205 ac (83 ha)
------------------------------------------------------------------------
4c. Ca[ntilde]ada Gobernadora/Chiquita      133 ac (54 ha)
 Ridgeline
------------------------------------------------------------------------
4g. Cristianitos Canyon                     587 ac (238 ha)
------------------------------------------------------------------------
    Subtotal Orange County Southern         925 ac (374 ha)
     Subregion HCP
------------------------------------------------------------------------
                  Carlsbad HMP under the San Diego MHCP
------------------------------------------------------------------------
7a. Letterbox Canyon                        57 ac (23 ha)
------------------------------------------------------------------------
7b. Rancho Carrillo                         37 ac (15 ha)
------------------------------------------------------------------------
7c. Calavera Hills Village H                71 ac (29 ha)
------------------------------------------------------------------------
7d. Rancho La Costa (Villages of La Costa   98 ac (40 ha)
 HCP)
------------------------------------------------------------------------
    Subtotal Carlsbad HMP under the San     263 ac (106 ha)
     Diego MHCP
------------------------------------------------------------------------
                     Western Riverside County MSHCP
------------------------------------------------------------------------
11a. San Jacinto Wildlife Area              401 ac (162 ha)
------------------------------------------------------------------------
11b. San Jacinto Avenue/Dawson Road         117 ac (47 ha)
------------------------------------------------------------------------
11c. Case Road                              180 ac (73 ha)
------------------------------------------------------------------------
11d. Railroad Canyon                        257 ac (104 ha)
------------------------------------------------------------------------
11e. Upper Salt Creek (Stowe Pool)          145 ac (59 ha)
------------------------------------------------------------------------
11f. Santa Rosa Plateau - Mesa de Colorado  234 ac (95 ha)
------------------------------------------------------------------------
11g. Santa Rosa Plateau - South of Tenaja   117 ac (47 ha)
 Road
------------------------------------------------------------------------
11h. Santa Rosa Plateau - North of Tenaja   44 ac (18 ha)
 Road
------------------------------------------------------------------------
    Subtotal for Western Riverside County   1,494 ac (605 ha)
     MSHCP
------------------------------------------------------------------------
   City and County of San Diego Subarea Plans under the San Diego MSCP
------------------------------------------------------------------------
12. Central San Diego County - Artesian     109 ac (44 ha)
 Trails
------------------------------------------------------------------------
    Subtotal for City and County of San     109 ac (44 ha)
     Diego Subarea Plans under the San
     Diego MSCP
------------------------------------------------------------------------
              Total                         2,791 ac (1,129 ha)
------------------------------------------------------------------------
\1\ Values in this table may not sum due to rounding.


[[Page 64962]]

    Below is a brief description of the lands proposed as critical 
habitat covered by each HCP that the Secretary is considering to 
exercise his discretion to exclude.
Orange County Southern Subregion HCP
    The Orange County Southern Subregion HCP is a large-scale multi-
jurisdictional HCP encompassing approximately 86,021 ac (34,811 ha) in 
southern Orange County. The Orange County Southern Subregion HCP was 
developed by the County of Orange (County), Rancho Mission Viejo, and 
the Santa Margarita Water District (Water District) to address impacts 
to 32 species, including Brodiaea filifolia, resulting from residential 
and associated infrastructure development. The Service issued 
incidental take permits on January 10, 2007 (Service 2007, p. 431), 
under section 10(a)(1)(B) of the Act to the three permittees for a 
period of 75 years. Specifically, the Secretary is considering to 
exercise his discretion to exclude 925 ac (374 ha) in Subunits 4b, 4c, 
and 4g that are included in the area covered by the Orange County 
Southern Subregion HCP (see Table 5 for the amount of land being 
considered for exclusion in each subunit).
    The Orange County Southern Subregion HCP will establish 
approximately 30,426 ac (12,313 ha) of habitat reserve (Service 2007, 
p. 19). The HCP provides for a large, biologically diverse and 
permanent habitat reserve that will protect: (1) Large blocks of 
natural vegetation communities that provide habitat for the covered 
species; (2) ``important'' and ``major'' populations of the covered 
species in key locations; (3) wildlife corridors and habitat linkages 
that connect the large habitat blocks and covered species populations 
to each other, the Cleveland National Forest, and the adjacent Orange 
County Central-Coastal NCCP/HCP; and (4) the underlying hydrogeomorphic 
processes that support the major vegetation communities providing 
habitat for the covered species (Service 2007, p. 10).
    Specific land use purposes are identified in the Orange County 
Southern Subregion HCP. In each of the areas that we proposed as 
critical habitat, lands were mapped as Reserves and Open Space Areas. 
These two categories of land use make up areas within the Orange County 
Southern Subregion HCP that are conserved or will be conserved as the 
plan is implemented. In Subunit 4b, Caspers Wilderness Park, all 205 ac 
(83 ha) of the proposed critical habitat that are within the plan area 
are conserved or will be conserved under the HCP. In Subunit 4c, 
Ca[ntilde]ada Gobernadora/Chiquita Ridgeline, 90 ac (36 ha) of the 133 
ac (54 ha) of proposed critical habitat within the plan area are 
conserved or will be conserved under the HCP. In Subunit 4g, 
Cristianitos Canyon, 339 ac (137 ha) of the 587 ac (238 ha) of proposed 
critical habitat within the plan area are conserved or will be 
conserved under the HCP. The remaining 249 ac (101 ha) of land in 
Subunit 4G are identified as potential orchards. Overall, 652 ac (264 
ha) of the 925 ac (374 ha) that we are considering for exclusion under 
section 4(b)(2) of the Act are conserved or will be conserved under the 
HCP.
    In addition to the creation of a habitat reserve, the following 
conservation measures specified in the Orange County Southern Subregion 
HCP will contribute to the protection and management of Brodiaea 
filifolia habitat: (1) Habitat conservation and restoration activities 
will occur in the areas identified as ``important'' and ``major'' 
populations under the Orange County Southern Subregion HCP (such 
actions for B. filifolia within the Habitat Reserve would include the 
control of nonnative invasive species); (2) monitoring of B. filifolia 
will focus on the Ca[ntilde]ada Gobernadora/Chiquita Ridgeline and 
Cristianitos Canyon occurrences (which are the two largest 
occurrences); (3) monitoring and management associated with the Orange 
County Southern Subregion HCP should help address the threat of 
competition with nonnative invasive species; (4) plans will be 
developed for construction projects near occurrences of B. filifolia to 
minimize any indirect effect of the projects; and (5) the Orange County 
Southern Subregion HCP includes a Translocation, Propagation, and 
Management Plan for Special-Status Plants (Appendix I of the Orange 
County Southern Subregion HCP) that describes the various methods for 
restoration of B. filifolia, including seed collection, receptor site 
selection and preparation, greenhouse propagation, translocation, 
introduction, direct seeding, and long-term maintenance (Service 2007, 
pp. 152-156).
    In summary, the Secretary is considering to exercise his discretion 
to exclude 925 ac (374 ha) that meet the definition of critical habitat 
for Brodiaea filifolia within the Orange County Southern Subregion HCP 
under section 4(b)(2) of the Act. The 1998 final listing rule for B. 
filifolia identified the following primary threats for this species: 
urbanization, alteration of hydrological conditions and channelization 
of drainages, discing for dry-land farming and fire suppression 
practices, OHV activity, grazing, drought, and competition from 
nonnative invasive plants (63 FR 54938; October 13, 1998, pp. 54983-
54989). The Orange County Southern Subregion HCP enacts conservation 
measures that minimize the impact of these threats on B. filifolia. We 
will analyze the benefits of inclusion and the benefits of exclusion of 
the areas covered by this plan in the final revised critical habitat 
rule for B. filifolia. We encourage any public comment in relation to 
our consideration of the areas in Subunits 4b, 4c, and 4g for exclusion 
(see Public Comments section above).
San Diego Multiple Habitat Conservation Program (MHCP)
    The San Diego MHCP is a comprehensive, multi-jurisdictional, 
planning program designed to create, manage, and monitor an ecosystem 
preserve in northwestern San Diego County. The San Diego MHCP is also a 
regional subarea plan under the State of California's Natural 
Communities Conservation Plan (NCCP) program and was developed in 
cooperation with CDFG. The MHCP preserve system is intended to protect 
viable populations of native plant and animal species and their 
habitats in perpetuity, while accommodating continued economic 
development and quality of life for residents of northern San Diego 
County. The MHCP includes an approximately 112,000 ac (45,324 ha) study 
area within the cities of Carlsbad, Encinitas, Escondido, San Marcos, 
Oceanside, Vista, and Solana Beach. The Secretary is considering to 
exercise his discretion to exclude lands covered by the Carlsbad HMP; 
the only completed subarea plan under the MHCP. The 10(a)(1)(B) permit 
for the Carlsbad HMP was issued on November 9, 2004 (Service 2004a). 
Specifically, the Secretary is considering to exercise his discretion 
to exclude 263 ac (106 ha) in Subunits 7a, 7b, 7c, and 7d that are 
within the Carlsbad HMP (which as stated earlier, includes the area 
covered by the Villages of La Costa HCP) under the MHCP (see Table 5 
for the amount of land being considered for exclusion in each subunit).
Carlsbad Habitat Management Plan (Carlsbad HMP)
    Brodiaea filifolia is a covered species under the Carlsbad HMP. 
Nine occurrences of B. filifolia exist within the City of Carlsbad. We 
have proposed four of these nine occurrences as critical habitat in 
Subunits 7a, 7b, 7c, and 7d. Under the HMP, all known occurrences of B. 
filifolia within existing preserve areas (7 of 9 known occurrences) 
will be

[[Page 64963]]

conserved at 100 percent. All covered activities impacting B. filifolia 
outside of already preserved areas are required to be consistent with 
the MHCP's narrow endemic policy, which requires mitigation for 
unavoidable impacts and management practices designed to achieve no net 
loss of narrow endemic populations, occupied acreage, or population 
viability within Focused Planning Areas. Additionally, cities cannot 
permit more than five percent gross cumulative loss of narrow endemic 
populations or occupied acreage within the Focused Planning Areas, and 
no more than 20 percent cumulative loss of narrow endemic locations, 
population numbers, or occupied acreage outside of Focused Planning 
Areas (AMEC 2003, pp. 2-14, D-1). All conserved populations of B. 
filifolia will be incorporated into the preserve areas of the HMP. The 
HMP includes provisions to manage the populations within the preserve 
areas in order to provide for the long-term conservation of the 
species.
    Specific land use purposes are identified in the Carlsbad HMP. In 
each of the areas that we proposed as critical habitat, lands were 
mapped as Hardline Conservation Areas and Proposed Hardline 
Conservation Areas. These two categories of land use make up the areas 
within the Carlsbad HMP that are conserved or will be conserved as the 
plan is implemented. In Subunit 7a, Letterbox Canyon, 17 ac (7 ha) of 
the 57 ac (23 ha) of proposed critical habitat within the plan area are 
conserved or will be conserved under the HMP. In Subunit 7b, Rancho 
Carrillo, all 37 ac (15 ha) of the proposed critical habitat that are 
within the plan area are conserved or will be conserved under the HMP. 
In Subunit 7c, Calavera Hills Village H, 60 ac (24 ha) of the 71 ac (29 
ha) of proposed critical habitat within the plan area are conserved or 
will be conserved under the HMP. In Subunit 7d, Rancho La Costa, 32 ac 
(13 ha) of the 98 ac (40 ha) of proposed critical habitat within the 
plan area are conserved or will be conserved under the HMP. Overall, of 
the 263 ac (106 ha) that we are considering for exclusion under section 
4(b)(2) of the Act, 145 ac (59 ha) are conserved or will be conserved 
under the HMP.
    At the time the Carlsbad HMP permit was issued (November 9, 2004), 
Brodiaea filifolia was a conditionally covered species under the HMP, 
as the proposed hard-lined reserve on the Fox-Miller property within 
Subunit 7a did not meet the conditions for coverage of the species 
under the HMP. The project was subsequently redesigned to meet the 
narrow endemic standards by impacting less than five percent of the 
known population, and a long-term management plan was submitted. On 
December 2, 2005, the Service and CDFG concluded that the City of 
Carlsbad would receive full coverage for B. filifolia under the HMP 
(CDFG and Service 2005, p. 1).
    In summary, the Secretary is considering to exercise his discretion 
to exclude under section 4(b)(2) of the Act a total of 263 ac (106 ha) 
that meet the definition of critical habitat for Brodiaea filifolia 
within the Carlsbad HMP under the MHCP. The 1998 final listing rule for 
B. filifolia identified the following primary threats for this species: 
urbanization, alteration of hydrological conditions and channelization 
of drainages, discing for dry-land farming and fire suppression 
practices, OHV activity, grazing, drought, and competition from 
nonnative invasive plants (63 FR 54938; October 13, 1998, pp. 54983-
54989). The Carlsbad HMP under the MHCP enacts conservation measures 
that minimize the impact of these threats on B. filifolia. We will 
analyze the benefits of inclusion and the benefits of exclusion of the 
areas covered by this subarea plan in the final revised critical 
habitat rule for B. filifolia. We encourage any public comment in 
relation to our consideration of the areas in Subunits 7a, 7b, 7c, and 
7d for exclusion (see Public Comments section above).
Western Riverside County Multiple Species Habitat Conservation Plan 
(Western Riverside County MSHCP)
    The Western Riverside County MSHCP is a large-scale, multi-
jurisdictional HCP encompassing about 1.26 million ac (510,000 ha) in 
western Riverside County (Unit 11). The Western Riverside County MSHCP 
addresses 146 listed and unlisted ``covered species,'' including 
Brodiaea filifolia. Participants in the Western Riverside County MSHCP 
include 14 cities; the County of Riverside, including the Riverside 
County Flood Control and Water Conservation Agency (County Flood 
Control), Riverside County Transportation Commission, Riverside County 
Parks and Open Space District, and Riverside County Waste Department; 
CDPR; and the California Department of Transportation. The Western 
Riverside County MSHCP was designed to establish a multi-species 
conservation program that minimizes and mitigates the expected loss of 
habitat and the incidental take of covered species. The Service issued 
a single incidental take permit on June 22, 2004 (Service 2004b), under 
section 10(a)(1)(B) of the Act to 22 permittees under the Western 
Riverside County MSHCP for a period of 75 years. Specifically, the 
Secretary is considering to exercise his discretion to exclude 1,494 ac 
(605 ha) in Unit 11 (Subunits 11a-11f), of which we anticipate the 
majority will be conserved for B. filifolia, within the Western 
Riverside County MSHCP Plan Area (see Table 5 for the amount of land 
being considered for exclusion in each subunit).
    The Western Riverside County MSHCP will establish approximately 
153,000 ac (61,917 ha) of new conservation lands (Additional Reserve 
Lands) to complement the approximate 347,000 ac (140,426 ha) of pre-
existing natural and open space areas (Public/Quasi-Public (PQP) 
lands). These PQP lands include those under Federal ownership, 
primarily managed by the USFS and BLM, and also permittee-owned or 
controlled open-space areas, primarily managed by the State and 
Riverside County. Collectively, the Additional Reserve Lands and PQP 
lands form the overall Western Riverside County MSHCP Conservation 
Area. The configuration of the 153,000 ac (61,916 ha) of Additional 
Reserve Lands is based on textual descriptions of habitat conservation 
necessary to meet the conservation goals for all covered species within 
the bounds of the approximately 310,000-ac (125,453-ha) Criteria Area. 
The Criteria Area is broken into criteria cells, and each cell has a 
description of conservation targets that will be achieved within that 
cell. This differs from some HCPs where the actual conservation area is 
mapped or ``hardlined'' during the planning stages. The interpretation 
of the textual descriptions, and therefore the creation of the actual 
conservation area, occurs over time as the implementation of the 
Western Riverside County MSHCP takes place. Each subunit has land in 
different mapping categories (some of which overlap) as they relate to 
different policies and review processes under the Western Riverside 
County MSHCP. The break-down for each subunit in terms of how much land 
is considered ``Public/Quasi Public,'' within the ``Criteria Area'', or 
in one of the ``Criteria Area Species Survey Areas'' (CASSA) is 
presented in Table 8.

[[Page 64964]]



    TABLE 8. Areas proposed for critical habitat within the Western Riverside County MSHCP and the different
      conservation categories represented in the Western Riverside County MSHCP (acres (ac) hectares (ha)).
----------------------------------------------------------------------------------------------------------------
                                     Public/Quasi      Lands within the    Lands within the     Area considered
            Location                 Public Lands        Criteria Area           CASSA          for  exclusion
----------------------------------------------------------------------------------------------------------------
11a. San Jacinto Wildlife Area    387 ac (157 ha)     86 ac (35 ha)       86 ac (35 ha)       401 ac (162 ha)
                                                                           CASSA 3
----------------------------------------------------------------------------------------------------------------
11b. San Jacinto Avenue/ Dawson   0 ac (0 ha)         117 ac (47 ha)      117 ac (47 ha)      117 ac (47 ha)
 Road                                                                      CASSA 3
----------------------------------------------------------------------------------------------------------------
11c. Case Road                    0 ac (0 ha)         179 ac (73 ha)      180 ac (73 ha)      180 ac (73 ha)
                                                                           CASSA 3
----------------------------------------------------------------------------------------------------------------
11d. Railroad Canyon              78 ac (32 ha)       202 ac (82 ha)      135 ac (55 ha)      257 ac (104 ha)
                                                                           CASSA 3
----------------------------------------------------------------------------------------------------------------
11e. Upper Salt Creek (Stowe      0 ac (0 ha)         145 ac (59 ha)      145 ac (59 ha)      145 ac (59 ha)
 Pool)                                                                     CASSA 3
----------------------------------------------------------------------------------------------------------------
11f. Santa Rosa Plateau - Mesa    221 ac (89 ha)      53 ac (21 ha)       53 ac (21 ha)       234 ac (95 ha)
 de Colorado                                                               CASSA 7
----------------------------------------------------------------------------------------------------------------
11g. Santa Rosa Plateau - South   117 ac (47 ha)      0 ac (0 ha)         0 ac (0 ha)         117 ac (47 ha)
 of Tenaja Road
----------------------------------------------------------------------------------------------------------------
11h. Santa Rosa Plateau - North   44 ac (18 ha)       0 ac (0 ha)         0 ac (0 ha)         44 ac (18 ha)
 of Tenaja Road
----------------------------------------------------------------------------------------------------------------
    Total\1\                      846 ac (342 ha)     782 ac (316 ha)     715 ac (289 ha)     1,494 ac (605 ha)
----------------------------------------------------------------------------------------------------------------
\1\ Values in this table may not sum due to rounding.

    The Western Riverside County MSHCP identifies five conservation 
objectives that will be implemented to provide long-term conservation 
of Brodiaea filifolia: (1) Include within the MSHCP Conservation Area 
at least 6,900 ac (2,792 ha) of grassland and playa/vernal pool habitat 
within the San Jacinto River, Mystic Lake, and Salt Creek areas; (2) 
include within the Western Riverside County MSHCP Conservation Area at 
least 11 major locations supporting B. filifolia in two core areas 
along the San Jacinto River and on the Santa Rosa Plateau; (3) conduct 
surveys for the species in certain areas of suitable habitat until the 
conservation goals are met (in accordance with the ``Additional Survey 
Needs and Procedures'' policy within the CASSA, which includes 
avoidance of 90 percent of portions of property with long-term 
conservation value until the species conservation objectives are met); 
(4) include within the Western Riverside County MSHCP Conservation Area 
the floodplain along the San Jacinto River to maintain floodplain 
processes along the San Jacinto River; and (5) include within the MSHCP 
Conservation Area the floodplain along Salt Creek from Warren Road to 
Newport Road, and the vernal pools in Upper Salt Creek west of Hemet 
(Dudek and Associates, Inc. 2003, pp. P-435-P-446; Service 2004b, pp. 
383-384). Additionally, the Western Riverside County MSHCP requires 
surveys to be conducted for B. filifolia within the MSHCP Conservation 
Area at least every 8 years to verify occupancy at a minimum 75 percent 
of the known locations. Management measures will be triggered, as 
appropriate, if a decline in species distribution is documented below 
this threshold. Other management actions will help maintain habitat and 
populations of B. filifolia by preventing alteration of hydrology and 
floodplain dynamics, OHV use, grazing, and competition from nonnative 
invasive plants.
    The goal of conserving 6,900 ac (2,792 ha) of occupied or suitable 
habitat for Brodiaea filifolia in the MSHCP Conservation Area can be 
attained through acquisition or other dedications of land assembled 
from within the Criteria Area (i.e., the Additional Reserve Lands) or 
Narrow Endemic Plan Species Survey Area, and through coordinated 
management of existing PQP lands. We internally mapped a ``Conceptual 
Reserve Design,'' that illustrates existing PQP lands and predicts the 
geographic distribution of the Additional Reserve Lands based on our 
interpretation of the textual descriptions of habitat conservation 
necessary to meet conservation goals. Our Conceptual Reserve Design was 
intended to predict one possible future configuration of the eventual 
approximately 153,000 ac (61,916 ha) of Additional Reserve Lands in 
conjunction with the existing PQP lands, including approximately 6,900 
ac (2,792 ha) of ``suitable'' B. filifolia habitat, that will be 
conserved to meet the goals and objectives of the plan (Service 2004b, 
p. 73).
    Preservation and management of approximately 6,900 ac (2,792 ha) of 
Brodiaea filifolia habitat under the Western Riverside County MSHCP 
will contribute to conservation and ultimate recovery of this species. 
Brodiaea filifolia is threatened primarily by agricultural activities, 
development, and fuel modification actions to prevent wildfire within 
the area the plan covers (Service 2004b, pp. 378-386). The Western 
Riverside County MSHCP will remove and reduce threats to this species 
and the physical and biological features essential to its conservation 
as the plan is implemented by placing large blocks of occupied and 
unoccupied habitat into preservation throughout the Conservation Area. 
Areas identified for preservation and conservation include known 
locations of the species along the San Jacinto River, Mystic Lake, and 
Salt Creek portions of the MSHCP Conservation Area. Specific areas 
targeted for conservation include occurrences along Goetz Road, Perris 
Valley airport, Tenaja Road, Mesa de Colorado, Hemet vernal pools, 
South SJWA, Squaw Mountain, Santa Rosa ranch, Slaughterhouse, North 
SJWA, and Redondo Mesa.
    The Western Riverside County MSHCP Conservation Area will

[[Page 64965]]

maintain floodplain processes along the San Jacinto River and along 
Salt Creek to provide for the distribution of Brodiaea filifolia to 
shift over time as hydrologic conditions and seed bank sources change. 
As described above, surveys for B. filifolia will be conducted in 
certain areas of suitable habitat until the conservation goals are met 
(in accordance with the ``Additional Survey Needs and Procedures'' 
policy within CASSA. The CASSA area includes potential habitat for B. 
filifolia; thus, focused surveys are required for this species. 
Conservation within this area includes avoidance of 90 percent of 
portions of property with long-term conservation value until the 
species conservation objectives of the Western Riverside County MSHCP 
are met. Additionally, policies such as the Riparian/Riverine and 
Vernal Pool Policy (Dudek and Associates, Inc. 2003, pp. 6-20-6-27) 
provide additional conservation requirements.
    The Western Riverside County MSHCP incorporates several processes 
that allow for Service oversight and participation in program 
implementation. These processes include: (1) Consultation with the 
Service on a long-term management and monitoring plan; (2) submission 
of annual monitoring reports; (3) annual status meetings with the 
Service; and (4) submission of annual implementation reports to the 
Service (Service 2004b, p. 9-10). Below we provide a brief analysis of 
the lands in Unit 11 that the Secretary is considering to exercise his 
discretion to exclude and how this area is covered by the Western 
Riverside County MSHCP or other conservation measures.
    The Western Riverside County MSHCP has several measures in place to 
ensure the plan is implemented in a way that conserves Brodiaea 
filifolia in accordance with the species-specific criteria and 
objectives for this species. In the areas we propose as critical 
habitat, we expect the Western Riverside County MSHCP will adequately 
conserve this species or provide for biologically equivalent 
conservation in an equally suitable area. We are proposing six subunits 
within Unit 11, all of which are within the boundaries of the Western 
Riverside County MSHCP.
    Lands already in permanent conservation include a portion of lands 
in Subunits 11a, 11d, 11f, 11g, 11h. For example, subunit 11f is within 
the Santa Rosa Plateau Ecological Reserve. This Reserve has four 
landowners: CDFG, the County of Riverside, the Metropolitan Water 
District of Southern California, and The Nature Conservancy. The 
landowners and the Service (which owns no land on the Plateau) signed a 
cooperative management agreement on April 16, 1991 (Dangermond and 
Associates, Inc. 1991), and meet regularly to work on the management of 
the Reserve (Riverside County Parks 2009, p. 2). The vernal pools 
within Subunit 11f are managed and monitored to preserve the unique 
vernal pool plants and animals that occur on the Santa Rosa Plateau, 
including Mesa de Colorado.
    Approximately 96 percent of Subunit 11a (385 ac (156 ha)) is within 
the San Jacinto Wildlife Area, a wildlife area owned and operated by 
the CDFG. This area consists of restored wetlands that provide habitat 
for waterfowl and wading birds, as well as seasonally flooded vernal 
plain habitat along the San Jacinto River north of the Ramona 
Expressway that supports Brodiaea filifolia. The Service regularly 
works with CDFG to ensure that the seasonally flooded alkali vernal 
plain habitat at the San Jacinto Wildlife Area continues to function 
and provide a benefit to B. filifolia and other sensitive species that 
use this habitat. In addition to the portion of Subunit 11a owned by 
CDFG, 84 ac (34 ha) of the remaining land is within the Criteria Area.
    Subunits 11b, 11c, 11e, and the remainder of the other subunits not 
discussed above are not conserved at this time. These subunits have 
protections in place from past conservation efforts, through various 
HCP requirements (such as the ``Additional Survey Needs and 
Procedures'' policy within the CASSA), or because they are within the 
Criteria Area. Projects in the Criteria Area will be implemented 
through the Joint Project Review Process to ensure that the 
requirements of the MSHCP permit and the Implementing Agreement are 
properly met (Western Riverside County MSHCP, Volume 1, section 6.6.2 
in Dudek and Associates, Inc. 2003, p. 6-82).
    In summary, the Secretary is considering to exercise his discretion 
to exclude 1,494 ac (605 ha) of proposed critical habitat for Brodiaea 
filifolia on permittee-owned or controlled lands in Subunits 11a, 11b, 
11c, 11d, 11e, 11f, 11g, and 11h that meet the definition of critical 
habitat for B. filifolia within the Western Riverside County MSHCP 
under section 4(b)(2) of the Act. The 1998 final listing rule for B. 
filifolia identified the following primary threats to B. filifolia: 
habitat destruction and fragmentation from urban and agricultural 
development, pipeline construction, road construction, alteration of 
hydrology and floodplain dynamics, excessive flooding, channelization, 
OHV activity, trampling by cattle and sheep, weed abatement, fire 
suppression practices (including discing and plowing), and competition 
from nonnative invasive plant species (63 FR 54938; October 13, 1998). 
The implementation of the Western Riverside County MSHCP helps to 
address these threats through a regional planning effort rather than 
through a project-by-project approach and outlines species-specific 
objectives and criteria for the conservation of B. filifolia. In the 
final revised critical habitat rule for B. filifolia, we will analyze 
the benefits of inclusion and exclusion of this area from critical 
habitat under section 4(b)(2) of the Act. We encourage any public 
comment in relation to our consideration of the areas in Subunits 11a, 
11b, 11c, 11d, 11e, 11f, 11f, 11g, and 11h for exclusion (see Public 
Comments section above).
San Diego Multiple Species Conservation Program (MSCP) - City and 
County of San Diego Subarea Plans
    The MSCP is a subregional HCP made up of several subarea plans that 
has been in place for more than a decade. The subregional plan area 
encompasses approximately 582,243 ac (235,626 ha) (County of San Diego 
1997, p. 1-1; MSCP 1998, pp. 2-1, and 4-2 to 4-4) and provides for 
conservation of 85 federally listed and sensitive species (``covered 
species'') through the establishment and management of approximately 
171,920 ac (69,574 ha) of preserve lands within the Multi-Habitat 
Planning Area (MHPA) (City of San Diego) and Pre-Approved Mitigation 
Areas (PAMA) (County of San Diego). The MSCP was developed in support 
of applications for incidental take permits for several federally 
listed species by 12 participating jurisdictions and many other 
stakeholders in southwestern San Diego County. Under the umbrella of 
the MSCP, each of the 12 participating jurisdictions is required to 
prepare a subarea plan that implements the goals of the MSCP within 
that particular jurisdiction. Brodiaea filifolia was evaluated in the 
City and County of San Diego Subarea Plans under the MSCP. The Service 
issued an incidental take permit to the City of San Diego on July 18, 
1997 (Service 1997), and to the County of San Diego on March 17, 1998 
(Service 1998), under section 10(a)(1)(B) of the Act; each permit is 
for a period of 50 years. Specifically, the Secretary is considering to 
exercise his discretion to exclude 109 ac (44 ha) in Unit 12 that are 
within the City and County of San Diego Subarea Plans.
    Upon completion of preserve assembly, approximately 171,920 ac

[[Page 64966]]

(69,574 ha) of the 582,243-ac (235,626-ha) MSCP plan area will be 
preserved (MSCP 1998, pp. 2-1 and 4-2 to 4-4). City and County of San 
Diego Subarea Plans identify areas where mitigation activities should 
be focused to assemble preserve areas in the MHPA and the PAMA. When 
the preserve is completed, the public sector (i.e., Federal, State, and 
local government, and general public) will have contributed 108,750 ac 
(44,010 ha) (63.3 percent) to the preserve, of which 81,750 ac (33,083 
ha) (48 percent) was existing public land when the MSCP was established 
and 27,000 ac (10,927 ha) (16 percent) will have been acquired. At 
completion, the private sector will have contributed 63,170 ac (25,564 
ha) (37 percent) to the preserve as part of the development process, 
either through avoidance of impacts or as compensatory mitigation for 
impacts to biological resources outside the preserve. Currently and in 
the future, Federal and State governments, local jurisdictions and 
special districts, and managers of privately owned lands will manage 
and monitor their lands in the preserve for species and habitat 
protection (MSCP 1998, pp. 2-1 and 4-2 to 4-4).
    Private lands within the PAMA and MHPA are subject to special 
restrictions on development, and lands that are dedicated to the 
preserve must be legally protected and permanently managed to conserve 
the covered species. Public lands owned by the County, State of 
California, and the Federal government that are identified for 
conservation under the MSCP must also be protected and permanently 
managed to protect the covered species. Specifically, Brodiaea 
filifolia is only known to occur in the areas proposed as Unit 12 
within the City and County of San Diego Subarea Plans and those areas 
are being conserved under the plans.
    Numerous processes are incorporated into the MSCP that allow our 
oversight of the MSCP implementation. For example, the MSCP imposes 
annual reporting requirements and provides for our review and approval 
of proposed subarea plan amendments and preserve boundary adjustments 
and for Service review and comment on projects during the California 
Environmental Quality Act review process. We also chair the MSCP 
Habitat Management Technical Committee and the Monitoring Subcommittee 
(MSCP 1998, pp. 5-11 to 5-23). Each MSCP subarea plan must account 
annually for the progress it is making in assembling conservation 
areas. We must receive annual reports that include, both cumulatively 
and by project, the habitat acreage destroyed and conserved within the 
subareas. This accounting process ensures that habitat conservation 
proceeds in rough proportion to habitat loss and in compliance with the 
MSCP subarea plans and the plans' associated implementing agreements.
    In summary, the Secretary is considering to exercise his discretion 
to exclude 109 ac (44 ha) that meet the definition of critical habitat 
for Brodiaea filifolia within the City and County of San Diego Subarea 
Plans under the San Diego MSCP under section 4(b)(2) of the Act. The 
1998 final listing rule for B. filifolia identified the following 
primary threats to B. filifolia: habitat destruction and fragmentation 
from urban and agricultural development, pipeline construction, road 
construction, alteration of hydrology and flood plain dynamics, 
excessive flooding, channelization, OHV activity, trampling by cattle 
and sheep, weed abatement, fire suppression practices (including 
discing and plowing), and competition from nonnative invasive plant 
species (63 FR 54938; October 13, 1998). The implementation of the City 
and County of San Diego Subarea Plans under the San Diego MSCP helps to 
address these threats through a regional planning effort rather than 
through a project-by-project approach, and outlines species-specific 
objectives and criteria for the conservation of B. filifolia. We will 
analyze the benefits of inclusion and exclusion of this area from 
critical habitat under section 4(b)(2) of the Act. We encourage any 
public comment in relation to our consideration of the areas in Unit 12 
for exclusion (see Public Comments section above).

Peer Review

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

Public Hearings

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if we receive any requests for hearings. We must 
receive your request for a public hearing within 45 days after the date 
of this Federal Register publication. Send your request to Jim Bartel, 
Field Supervisor of the Carlsbad Fish and Wildlife Office (see FOR 
FURTHER INFORMATION CONTACT section). We will schedule public hearings 
on this proposal, if any are requested, and announce the dates, times, 
and places of those hearings, as well as how to obtain reasonable 
accommodations, in the Federal Register and local newspapers at least 
15 days before the first hearing.

Required Determinations

Regulatory Planning and Review - Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant and has not reviewed this proposed rule under 
Executive Order 12866 (E.O. 12866). OMB bases its determination upon 
the following four criteria:
    (1) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (2) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (3) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (4) Whether the rule raises novel legal or policy issues.

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

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency must 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. 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

[[Page 64967]]

economic impact on a substantial number of small entities.
    An analysis of the economic impacts of the 2004 proposed critical 
habitat designation was made available to the public on October 6, 2005 
(70 FR 58361), and finalized for the final rule to designate critical 
habitat for Brodiaea filifolia as published in the Federal Register on 
December 13, 2005 (70 FR 58361). The costs associated with critical 
habitat for B. filifolia, across the entire area considered for 
designation (across designated and excluded areas), were primarily due 
to mitigation and other conservation costs that may be required for 
real estate development projects. After excluding land in Riverside and 
San Diego Counties from the proposed critical habitat, the economic 
impact was estimated to be between $12.2 and $14.7 million (on a 
present/2005 value basis) or $12.2 to $16.9 million in undiscounted 
dollars (an annualized cost of $0.6 to $0.8 million annually) over the 
next 20 years. Based on the 2005 economic analysis, we concluded that 
the designation of critical habitat for B. filifolia, as proposed in 
2004, would not result in significant small business impacts. This 
analysis is presented in the notice of availability for the economic 
analysis as published in the Federal Register on October 6, 2005 (70 FR 
58361).
    We are preparing a new analysis of the economic impacts of this 
proposed revision to critical habitat for Brodiaea filifolia. At this 
time, we lack current economic information necessary to provide an 
updated factual basis for the required RFA finding with regard to this 
proposed revision to critical habitat. Therefore, we defer the RFA 
finding until completion of the draft economic analysis prepared under 
section 4(b)(2) of the Act and E.O. 12866. The draft economic analysis 
will provide the required factual basis for the RFA finding. Upon 
completion of the draft economic analysis, we will announce its 
availability in the Federal Register and reopen the public comment 
period for the proposed designation. We will include with this 
announcement, as appropriate, an initial regulatory flexibility 
analysis or a certification that the rule will not have a significant 
economic impact on a substantial number of small entities accompanied 
by the factual basis for that determination. We concluded that 
deferring the RFA finding until completion of the draft economic 
analysis is necessary to meet the purposes and requirements of the RFA. 
Deferring the RFA finding in this manner will ensure that we make a 
sufficiently informed determination based on adequate economic 
information and provide the necessary opportunity for public comment.

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

In accordance with the Unfunded Mandates Reform Act, we make the 
following findings:
     (1) 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 [T]ribal 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 [T]ribal 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 that receive 
Federal funding, assistance, permits, or 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.
    (2) Based in part on an analysis conducted for the previous 
designation of critical habitat and extrapolated to this designation, 
we do not expect this rule to significantly or uniquely affect small 
governments. Small governments will be affected only to the extent that 
if any of their programs or activities involve Federal funds, permits, 
or other authorizations, the Federal action agencies must ensure that 
their actions are not likely to destroy or adversely modify the 
critical habitat. Therefore, a Small Government Agency Plan is not 
required. However, as we conduct our economic analysis for the revised 
rule, we will further evaluate this issue and revise this assessment if 
appropriate.

Takings - Executive Order 12630

    In accordance with E.O. 12630 (Government Actions and Interference 
with Constitutionally Protected Private Property Rights), we have 
analyzed the potential takings implications of designating critical 
habitat for Brodiaea filifolia in a takings implications assessment. 
The takings implications assessment concludes that this designation of 
critical habitat for B. filifolia does not pose significant takings 
implications for lands within or affected by the designation.

Federalism - Executive Order 13132

    In accordance with E.O. 13132 (Federalism), this proposed rule does 
not have significant Federalism effects. A Federalism assessment is not 
required. In keeping with Department of the Interior and Department of 
Commerce policy, we requested information from, and coordinated 
development of, this proposed critical habitat designation with 
appropriate State resource agencies in California. The designation may 
have some benefit to these governments because the areas that contain 
the features essential to the conservation of the species are more 
clearly defined, and the primary constituent elements of the habitat 
necessary to the conservation of the species are specifically 
identified. This information does not alter where and

[[Page 64968]]

what federally sponsored activities may occur. However, it may assist 
these local governments in long-range planning (because these local 
governments no longer have to wait for case-by-case section 7 
consultations to occur).
    Where State and local governments require approval or authorization 
from a Federal agency for actions that may affect critical habitat, 
consultation under section 7(a)(2) would be required. While non-Federal 
entities that 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.

Civil Justice Reform - Executive Order 12988

    In accordance with Executive Order 12988 (Civil Justice Reform), it 
has been determined that the rule does not unduly burden the judicial 
system and meets the requirements of sections 3(a) and 3(b)(2) of the 
Order. We have proposed to revise critical habitat in accordance with 
the provisions of the Act. This proposed 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 Brodiaea filifolia.

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 of 1995 (44 
U.S.C. 3501 et seq.). 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 (NEPA) (42 U.S.C. 4321 et seq.)

    It is our position that, outside the jurisdiction of the U.S. Court 
of Appeals for the Tenth Circuit, we do not need to prepare 
environmental analyses as defined by NEPA (42 U.S.C. 4321 et seq.) in 
connection with designating critical habitat under the Act. We 
published a notice outlining our reasons for this determination in the 
Federal Register on October 25, 1983 (48 FR 49244). This position was 
upheld by the U.S. Court of Appeals for the Ninth Circuit (Douglas 
County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied 516 U.S. 
1042 (1996)).

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
     (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

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), E.O. 13175, and the Department of the 
Interior's manual at 512 DM 2, we have a responsibility to communicate 
meaningfully with recognized Federal Tribes on a government-to-
government basis. In accordance with Secretarial Order 3206 of June 5, 
1997 (American Indian Tribal Rights, Federal-Tribal Trust 
Responsibilities, and the Endangered Species Act), we readily 
acknowledge our responsibilities to work directly with Tribes in 
developing programs for healthy ecosystems, to acknowledge that tribal 
lands are not subject to the same controls as Federal public lands, to 
remain sensitive to Indian culture, and to make information available 
to Tribes.
    We determined that there are no tribal lands meeting the definition 
of critical habitat for Brodiaea filifolia. Therefore, critical habitat 
for B. filifolia is not being proposed on tribal lands. We will 
continue to coordinate with tribal governments as applicable during the 
designation process.

Energy Supply, Distribution, or Use - Executive Order 13211

    On May 18, 2001, the President issued an Executive Order (E.O. 
13211; Actions Significantly Affect Energy Supply, Distribution, or 
Use) on regulations that significantly affect energy supply, 
distribution, and use. E.O. 13211 requires agencies to prepare 
Statements of Energy Effects when undertaking certain actions. Based on 
an analysis conducted for the previous designation of critical habitat 
and extrapolated to this designation, along with a further analysis of 
the additional areas included in this revision, we determined that this 
proposed rule to designate critical habitat for Brodiaea filifolia 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. However, we will further 
evaluate this issue as we conduct our economic analysis, and review and 
revise this assessment as warranted.

References Cited

    A complete list of all references cited in this rulemaking is 
available on http://www.regulations.gov and upon request from the Field 
Supervisor, Carlsbad Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT section).

Author(s)

    The primary author of this proposed rule is the staff from the 
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT 
section).

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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

PART 17--[AMENDED]

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

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

    2. In Sec.  17.12(h), revise the entry for ``Brodiaea filifolia'' 
under ``Flowering Plants'' to read as follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

[[Page 64969]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                    SPECIES
------------------------------------------------  Historic Range        Family            Status         When Listed        Critical      Special Rules
       Scientific Name            Common Name                                                                               Habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Brodiaea filifolia            thread-leaved     U.S.A. (CA)       Themidaceae -     T                 650              17.96(a)         NA
                                brodiaea                            Cluster Lily
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. Amend Sec.  17.96(a) by:
    a. Removing the entry for ``Brodiaea filifolia (thread-leaved 
brodiaea)'' under Family Liliaceae; and
    b. Adding a new entry for ``Brodiaea filifolia (thread-leaved 
brodiaea)'' under Family Themidaceae in alphabetic order by family name 
to read as follows:


Sec.  17.96  Critical habitat--plants.

     (a) Flowering plants.
* * * * *
Family Themidaceae: Brodiaea filifolia (thread-leaved brodiaea)
    (1) Critical habitat units are depicted for Los Angeles, San 
Bernardino, Riverside, Orange, and San Diego Counties, California, on 
the maps below.
    (2) Within these areas, the primary constituent elements for 
Brodiaea filifolia consist of two components:
    (i) Appropriate soil series at a range of elevations and in a 
variety of plant communities, specifically:
     (A) Clay soil series of various origins (such as Alo, Altamont, 
Auld, or Diablo), clay lenses found as unmapped inclusions in other 
soils series, or loamy soils series underlain by a clay subsoil (such 
as Fallbrook, Huerhuero, or Las Flores) occurring between the 
elevations of 100 and 2,500 ft (30 and 762 m).
     (B) Soils (such as Cieneba-rock outcrop complex and Ramona family-
Typic Xerothents soils) altered by hydrothermal activity occurring 
between the elevations of 1,000 and 2,500 ft (305 and 762 m).
     (C) Silty loam soil series underlain by a clay subsoil or caliche 
that are generally poorly drained, moderately to strongly alkaline, 
granitic in origin (such as Domino, Grangeville, Traver, Waukena, or 
Willows) occurring between the elevations of 600 and 1,800 ft (183 and 
549 m).
     (D) Clay loam soil series (such as Murrieta) underlain by heavy 
clay loams or clays derived from olivine basalt lava flows occurring 
between the elevations of 1,700 and 2,500 ft (518 and 762 m).
     (E) Sandy loam soils derived from basalt and granodiorite parent 
materials; deposits of gravel, cobble, and boulders; or hydrologically 
fractured, weathered granite in intermittent streams and seeps 
occurring between 1,800 and 2,500 ft (549 and 762 m).
     (ii) Areas with a natural, generally intact surface and subsurface 
soil structure, not permanently altered by anthropogenic land use 
activities (such as deep, repetitive discing, or grading) extending out 
up to 820 ft (250 m) from mapped occurrences of Brodiaea filifolia.
    (3) Critical habitat does not include manmade structures existing 
on the effective date of this rule and not containing one or more of 
the primary constituent elements, such as buildings, aqueducts, 
airports, and roads, and the land on which such structures are located.
     (4) Critical habitat map units. Data layers defining map units 
were created using a base of U.S. Geological Survey 7.5' quadrangle 
maps. Critical habitat units were then mapped using Universal 
Transverse Mercator (UTM) zone 11, North American Datum (NAD) 1983 
coordinates.
    (5) Note: Index Map of critical habitat units for Brodiaea 
filifolia (thread-leaved brodiaea) follows:
BILLING CODE 4310-55-S

[[Page 64970]]

[GRAPHIC] [TIFF OMITTED] TP08DE09.008


[[Page 64971]]


    (6) Unit 1: Los Angeles County.
    (i) Subunit 1a, Glendora [Description of unit location to be 
inserted here.]
    (ii) Subunit 1b, San Dimas. [Description of unit location to be 
inserted here.]
    (iii) Note: Map of Unit 1, Subunits 1a and 1b, follows:
    [GRAPHIC] [TIFF OMITTED] TP08DE09.009
    

[[Page 64972]]


    (7) Unit 2: San Bernardino County.
    (i) [Description of unit location to be inserted here.]
    (ii) Note: Map of Unit 2 follows:
    [GRAPHIC] [TIFF OMITTED] TP08DE09.010
    

[[Page 64973]]


    (8) Unit 3: Central Orange County.
    (i) [Description of unit location to be inserted here.]
    (ii) Note: Map of Unit 3 follows:
    [GRAPHIC] [TIFF OMITTED] TP08DE09.011
    

[[Page 64974]]


    (9) Unit 4: Southern Orange County.
    (i) Subunit 4b, Caspers Wilderness Park. [Description of unit 
location to be inserted here.]
    (ii) Subunit 4c, Ca[ntilde]ada Governadora/Chiquita Ridgeline. 
[Description of unit location to be inserted here.]
    (iii) Subunit 4g, Christianitos Canyon. [Description of unit 
location to be inserted here.]
    (iv) Note: Map of Unit 4 follows:
    [GRAPHIC] [TIFF OMITTED] TP08DE09.012
    

[[Page 64975]]


    (10) Unit 5: Northern San Diego County.
    (i) Subunit 5b, Devil Canyon. [Description of unit location to be 
inserted here.]
    (ii) Note: Map of Unit 5 follows:
    [GRAPHIC] [TIFF OMITTED] TP08DE09.013
    

[[Page 64976]]


    (11) Unit 6: Oceanside.
    (i) Subunit 6a, Alta Creek. [Description of unit location to be 
inserted here.]
    (ii) Subunit 6b, Mesa Drive. [Description of unit location to be 
inserted here.]
    (iii) Subunit 6c, Mission View/Sierra Ridge. [Description of unit 
location to be inserted here.]
    (iv) Subunit 6d, Taylor/Darwin. [Description of unit location to be 
inserted here.]
    (v) Subunit 6e, Arbor Creek. [Description of unit location to be 
inserted here.]
    (vi) Note: Map of Unit 6 follows:
    [GRAPHIC] [TIFF OMITTED] TP08DE09.014
    

[[Page 64977]]


    (12) Unit 7: Carlsbad.
    (i) Subunit 7a, Letterbox Canyon. [Description of unit location to 
be inserted here.]
    (ii) Subunit 7b, Rancho Carrillo. [Description of unit location to 
be inserted here.]
    (iii) Subunit 7c, Calavera Hills Village. [Description of unit 
location to be inserted here.]
    (iv) Subunit 7d, Rancho La Costa. [Description of unit location to 
be inserted here.]
    (v) Note: Map of Unit 7 follows:
    [GRAPHIC] [TIFF OMITTED] TP08DE09.015
    

[[Page 64978]]


    (13) Unit 8: San Marcos and Vista.
    (i) Subunit 8b, Rancho Santalina/Loma Alta. [Description of unit 
location to be inserted here.]
    (ii) Subunit 8d, Upham. [Description of unit location to be 
inserted here.]
    (iii) Subunit 8f, Oleander/San Marcos. [Description of unit 
location to be inserted here.]
    (iv) Note: Map of Unit 8 follows:
    [GRAPHIC] [TIFF OMITTED] TP08DE09.016
    

[[Page 64979]]


    (14) Unit 11: Riverside County.
    (i) Subunit 11a, San Jacinto Wildlife Area. [Description of unit 
location to be inserted here.]
    (ii) Subunit 11b, San Jacinto Avenue/Dawson Road. [Description of 
unit location to be inserted here.]
    (iii) Subunit 11c, Case Road. [Description of unit location to be 
inserted here.]
    (iv) Subunit 11d, Railroad Canyon. [Description of unit location to 
be inserted here.]
    (v) Subunit 11e, Upper Salt Creek (Stowe Pool). [Description of 
unit location to be inserted here.]
    (vi) Subunit 11f, Santa Rosa Plateau--Mesa de Colorado. 
[Description of unit location to be inserted here.]
    (vii) Subunit 11g, Santa Rosa Plateau--South of Tenaja Road. 
[Description of unit location to be inserted here.]
    (viii) Subunit 11h, Santa Rosa Plateau--North of Tenaja Road. 
[Description of unit location to be inserted here.]
    (ix) Note: Map of Unit 11 follows:

[[Page 64980]]

[GRAPHIC] [TIFF OMITTED] TP08DE09.017


[[Page 64981]]


[GRAPHIC] [TIFF OMITTED] TP08DE09.018


[[Page 64982]]


    (15) Unit 12: San Diego County.
    (i) [Description of unit location to be inserted here.]
    (ii) Note: Map of Unit 12 follows:
    [GRAPHIC] [TIFF OMITTED] TP08DE09.019
    
* * * * *

    Dated: November 21, 2009.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-28869 Filed 12-7-09; 8:45 am]
BILLING CODE 4310-55-C