[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Proposed Rules]
[Pages 20374-20378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07375]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2022-0024; FF09E21000 FXES1111090FEDR 223]
RIN 1018-BG21


Endangered and Threatened Wildlife and Plants; Endangered Species 
Status for the Dixie Valley Toad

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 
list the Dixie Valley toad (Anaxyrus williamsi), a toad species from 
Nevada, as an endangered species under the Endangered Species Act of 
1973, as amended (Act). This determination also serves as our 12-month 
finding on a petition to list the Dixie Valley toad. After a review of 
the best available scientific and commercial information, we find that 
listing the species is warranted. An temporary rule (emergency action) 
listing this species as endangered for 240 days is published 
concurrently in this issue of the Federal Register. We find that the 
designation of critical habitat for the Dixie Valley toad is not 
determinable at this time. We solicit additional data, information, and 
comments that may assist us in making a final decision on this action. 
We also are notifying the public that we have scheduled an 
informational meeting followed by a public hearing on the proposed 
rule.

DATES: We will accept comments received or postmarked on or before June 
6, 2022. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. Eastern Time on the closing date. Public informational meeting and 
public hearing: On May 9, we will hold a public informational meeting 5 
p.m. to 5:35 p.m., Pacific Time, followed by a public hearing 5:35 to 7 
p.m., Pacific Time.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2022-0024, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the panel on the left side of 
the screen, under the Document Type heading, check the Proposed Rule 
box to locate this document. You may submit a comment by clicking on 
``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R8-ES-2022-0024, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Information Requested, below, for more information).

FOR FURTHER INFORMATION CONTACT: Marc Jackson, Field Supervisor, U.S. 
Fish and Wildlife Service, Reno Fish and Wildlife Office, 1340 
Financial Blvd., Suite 234, Reno, Nevada 89502; telephone 775-861-6300. 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: 

Information Requested

    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 other governmental agencies, Native 
American Tribes, the scientific community, industry, or any other 
interested parties concerning this proposed rule.
    We particularly seek comments concerning:
    (1) The species' biology, range, and population trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current population levels, and current and 
projected trends; and
    (d) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) Factors that may affect the continued existence of the species, 
which may include habitat modification or destruction, overutilization, 
disease, predation, the inadequacy of existing regulatory mechanisms, 
additional information on the potential effects of geothermal plants on 
amphibians or wetland ecosystems, or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to this species and existing regulations 
that may be addressing those threats.
    (4) Additional information concerning the historical and current 
status of this species.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for, or 
opposition to, the action under consideration without providing 
supporting information,

[[Page 20375]]

although noted, do not provide substantial information necessary to 
support a determination.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
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. We 
will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov.
    Because we will consider all comments and information we receive 
during the comment period, our final determinations may differ from 
this proposal. Based on the new information we receive (and any 
comments on that new information), we may conclude that the species is 
threatened instead of endangered, or we may conclude that the species 
does not warrant listing as either an endangered species or a 
threatened species.

Public Hearing

    Section 4(b)(5) of the Act provides for a public hearing on this 
proposal, if requested. At this time, we have preemptively scheduled a 
public informational meeting and public hearing on this proposed rule. 
We will hold the public informational meeting and public hearing on the 
date and at the times listed above under Public informational meeting 
and public hearing in DATES. We are holding the public informational 
meeting and public hearing via the Zoom online video platform and via 
teleconference so that participants can attend remotely. For security 
purposes, registration is required. To listen and view the meeting and 
hearing via Zoom, listen to the meeting and hearing by telephone, or 
provide oral public comments at the public hearing by Zoom or 
telephone, you must register. For information on how to register, or if 
you encounter problems joining Zoom the day of the meeting, visit 
https://www.fws.gov/office/reno-fish-and-wildlife. Registrants will 
receive the Zoom link and the telephone number for the public 
informational meeting and public hearing. If applicable, interested 
members of the public not familiar with the Zoom platform should view 
the Zoom video tutorials (https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials) prior to the public informational 
meeting and public hearing.
    The public hearing will provide interested parties an opportunity 
to present verbal testimony (formal, oral comments) regarding this 
proposed rule to list the Dixie Valley toad as an endangered species. 
The public hearing is a forum for accepting formal verbal testimony and 
is not an opportunity for open dialogue. In the event there is a large 
attendance, the time allotted for oral statements may be limited. 
Therefore, anyone wishing to make an oral statement at the public 
hearing for the record is encouraged to provide a prepared written copy 
of their statement to us through the Federal eRulemaking Portal, or 
U.S. mail (see ADDRESSES, above). There are no limits on the length of 
written comments submitted to us. Anyone wishing to make an oral 
statement at the public hearing must register before the hearing 
https://www.fws.gov/office/reno-fish-and-wildlife. The use of a virtual 
public hearing is consistent with our regulations at 50 CFR 
424.16(c)(3).
Reasonable Accommodation
    The Service is committed to providing access to the public 
informational meeting and public hearing for all participants. Closed 
captioning will be available during the public informational meeting 
and public hearing. Further, a full audio and video recording and 
transcript of the public hearing will be posted online at https://www.fws.gov/office/reno-fish-and-wildlife after the hearing. 
Participants will also have access to live audio during the public 
informational meeting and public hearing via their telephone or 
computer speakers. Persons with disabilities requiring reasonable 
accommodations to participate in the meeting and/or hearing should 
contact the person listed under FOR FURTHER INFORMATION CONTACT at 
least 5 business days prior to the date of the meeting and hearing to 
help ensure availability. An accessible version of the Service's public 
informational meeting presentation will also be posted online at 
https://www.fws.gov/office/reno-fish-and-wildlife prior to the meeting 
and hearing (see DATES, above). See https://www.fws.gov/office/reno-fish-and-wildlife for more information about reasonable accommodation.

Supporting Documents

    A species status assessment (SSA) team prepared an SSA report for 
the Dixie Valley toad. The SSA team was composed of Service biologists, 
in consultation with other scientific experts. The SSA report 
represents a compilation of the best scientific and commercial data 
available concerning the status of the species, including the impacts 
of past, present, and future factors (both negative and beneficial) 
affecting the species and its habitat. In accordance with our joint 
policy on peer review published in the Federal Register on July 1, 1994 
(59 FR 34270), and our August 22, 2016, memorandum updating and 
clarifying the role of peer review of listing actions under the Act, we 
will seek expert opinions of at least three appropriate specialists 
regarding the SSA. The SSA report and other materials related to this 
proposed rule can be found at https://www.regulations.gov under Docket 
No. FWS-R8-ES-2022-0024.

I. Proposed Listing Determination

Background

    A thorough review of the taxonomy, life history, and ecology of the 
Dixie Valley toad (Anaxyrus williamsi) is presented in the SSA report 
(Service 2022, entire).
    The Dixie Valley toad was described as a distinct species in the 
western toads (Anaxyrus boreas) species complex in 2017 due to 
morphological differences, genetic information, and its isolated 
distribution (Gordon et al. 2017, entire). Forrest et al. (2017, 
entire) also published a paper describing Dixie Valley toad and came up 
with similar results but stopped short of concluding that it is a 
unique species. We evaluated both papers and concluded the Gordon et 
al. (2017, entire) paper provided a better sampling design to answer 
species-level genetic questions and conducted a more thorough 
morphological analysis. Additionally, the Dixie Valley toad has been 
accepted as a valid species by the two leading authoritative amphibian 
internet sites: (1) Amphibiaweb.org (AmphibiaWeb 2022, website) and (2) 
Amphibian Species of the World (Frost 2021, website). Because both the 
larger scientific community and our own analysis of the best available 
scientific information indicate that the findings of Gordon et al. 
(2017 entire) are well supported, we are accepting their conclusions 
that the Dixie Valley toad is a unique species (Anaxyrus williamsi). 
Therefore, we have determined that the Dixie Valley toad is a listable 
entity under the Act.

[[Page 20376]]

    Fourteen different morphological characteristics of Dixie Valley 
toads were measured and compared to several other species within the 
western toads species complex (Gordon et al. 2017, pp. 125-131). While 
all 14 morphological characteristics measured for Dixie Valley toad 
were significantly different from the other species within the western 
toads species complex, the most striking differences were the average 
size of adults (mean snout-to-vent length (SVL) of 54.6 millimeters 
(mm) (2.2 inches (in)), which makes it the smallest species within the 
A. boreas species complex), the close-set eyes and perceptively large 
tympanum (eardrum), and its unique coloration (Gordon et al. 2017, pp. 
125-131).
    Limited information is available specific to the life history of 
the Dixie Valley toad; therefore, closely associated species are used 
as surrogates where appropriate. Breeding (denoted by observing a male 
and female in amplexus, egg masses, or tadpoles) occurs annually 
between March and May (Forrest 2013, p. 76). Breeding appears 
protracted due to the thermal nature of the habitat and can last up to 
3 months (March-May) with toads breeding early in the year in habitats 
closer to the thermal spring sources and then moving downstream into 
habitats as they warm throughout spring and early summer. Other toad 
species typically have a much more contracted breeding season of 3-4 
weeks (e.g., Sherman 1980, pp. 18-19, 72-73). Dixie Valley toad 
tadpoles hatch shortly after being deposited; time to hatching is not 
known but is likely dependent on water temperature (e.g., black toad 
(Anaxyrus exsul) tadpoles hatch in 7 to 9 days; Sherman 1980, p. 97). 
Fully metamorphosed Dixie Valley toadlets were observed 70 days after 
egg laying (Forrest 2013, pp. 76-77).
    The Dixie Valley toad is a narrow-ranging endemic (highly local and 
known to exist only in their place of origin) known from one population 
in the Dixie Meadows area of Churchill County, Nevada. The species 
occurs primarily on Department of Defense (Fallon Naval Air Station) 
lands (90 percent) and Bureau of Land Management (BLM) lands (10 
percent). The wetlands located in Dixie Meadows cover 307.6 hectares 
(ha) (760 acres (ac)) and are fed by geothermal springs. The potential 
area of occupancy is estimated to be 146 ha (360 ac) based on the 
extent of wetland-associated vegetation. The species is heavily reliant 
on these wetlands, as it is rarely encountered more than 14 meters (m) 
(46 feet (ft)) from aquatic habitat (Halstead et al. 2021, p. 7).
    The Nevada Department of Wildlife received approval by the 
Legislative Council Bureau to add Dixie Valley toads as a protected 
amphibian by the State of Nevada under Nevada Administrative Code (NAC) 
503.075(2)(b). The revised list of protected amphibians is expected to 
be finalized in 2022. Per NAC 503.090(1), there is no open season on 
those species of amphibian classified as protected. Per NAC 503.094, 
the State issues permits for the take and possession of any species of 
wildlife for strictly scientific or educational purposes. The Nevada 
Department of Conservation and Natural Resources includes the Nevada 
Division of Natural Heritage (NDNH), which tracks the species status of 
plants and animals in Nevada. The NDNH recognizes Dixie Valley toads as 
critically imperiled, rank S1. Ranks of S1 are defined as species with 
very high risks of extirpation in the jurisdiction due to very 
restricted range, very few populations or occurrences, very steep 
declines, severe threats, or other factors.
    For an extensive discussion of biological background information, 
previous Federal actions, biological status, the threats analysis, 
conservation efforts and regulatory mechanisms, our determination of 
status under the Act, and conservation measures available to listed and 
proposed species, consult the temporary rule, emergency action, for the 
Dixie Valley toad published concurrently in this issue of the Federal 
Register. The temporary rule further contains the rationale for this 
proposal to list the Dixie Valley toad as an endangered species under 
the Act.

II. Critical Habitat

Background

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical area occupied by the 
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 the 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Our regulations at 50 CFR 424.02 define the geographical area 
occupied by the species as an area that may generally be delineated 
around species' occurrences, as determined by the Secretary (i.e., 
range). Such areas may include those areas used throughout all or part 
of the species' life cycle, even if not used on a regular basis (e.g., 
migratory corridors, seasonal habitats, and habitats used periodically, 
but not solely by vagrant individuals). Additionally, our regulations 
at 50 CFR 424.02 define the word ``habitat,'' for the purposes of 
designating critical habitat only, as the abiotic and biotic setting 
that currently or periodically contains the resources and conditions 
necessary to support one or more life processes of a species.
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to 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, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that Federal agencies ensure, in consultation 
with the Service, that any action they authorize, fund, or carry out is 
not likely to result in the destruction or adverse modification of 
critical habitat. The designation of critical habitat does not affect 
land ownership or establish a refuge, wilderness, reserve, preserve, or 
other conservation area. Such designation also 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 requests Federal 
agency funding or authorization for an action that may affect a listed 
species or critical habitat, the Federal agency would be required to 
consult with the Service under section 7(a)(2) of the Act. However, 
even if the Service were to conclude that the proposed activity would 
result in destruction or adverse modification of the critical habitat, 
the Federal action agency and the landowner are not required to abandon 
the proposed activity, or to restore or recover the species; instead, 
they must implement ``reasonable and prudent alternatives''

[[Page 20377]]

to avoid destruction or adverse modification of critical habitat.
    Under the first prong of the Act's definition of critical habitat, 
areas within the geographical area occupied by the species at the time 
it was listed are included in a critical habitat designation if they 
contain physical or biological features (1) which are essential to the 
conservation of the species and (2) which may require special 
management considerations or protection. For these areas, critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, those physical or biological 
features that are essential to the conservation of the species (such as 
space, food, cover, and protected habitat).
    Under the second prong of the Act's definition of critical habitat, 
we can designate critical habitat in areas outside the geographical 
area occupied by the species at the time it is listed, upon a 
determination that such areas are essential for the conservation of the 
species. The implementing regulations at 50 CFR 424.12(b)(2) further 
delineate unoccupied critical habitat by setting out three specific 
parameters: (1) When designating critical habitat, the Secretary will 
first evaluate areas occupied by the species; (2) the Secretary will 
only consider unoccupied areas to be essential where a critical habitat 
designation limited to geographical areas occupied by the species would 
be inadequate to ensure the conservation of the species; and (3) for an 
unoccupied area to be considered essential, the Secretary must 
determine that there is a reasonable certainty both that the area will 
contribute to the conservation of the species and that the area 
contains one or more of those physical or biological features essential 
to the conservation of the species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific 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 from the SSA report and information developed during the 
listing process for the species. Additional information sources may 
include any generalized conservation strategy, criteria, or outline 
that may have been developed for the species; 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; other unpublished materials; or 
experts' opinions or personal knowledge.
    As the regulatory definition of ``habitat'' reflects (50 CFR 
424.02), habitat is dynamic, and species may move from one area to 
another over time. 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 be needed 
for recovery of the species. Areas that are important to the 
conservation of the species, both inside and outside the critical 
habitat designation, will continue to be subject to: (1) Conservation 
actions implemented under section 7(a)(1) of the Act; (2) regulatory 
protections afforded by the requirement in section 7(a)(2) of the Act 
for Federal agencies to ensure their actions are not likely to 
jeopardize the continued existence of any endangered or threatened 
species; and (3) the prohibitions found in section 9 of the Act. 
Federally funded or permitted projects affecting listed species outside 
their designated critical habitat areas may still result in jeopardy 
findings in some cases. These protections and conservation tools will 
continue to contribute to recovery of the species. Similarly, critical 
habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans, or 
other species conservation planning efforts if new information 
available at the time of those planning efforts calls for a different 
outcome.

Prudency Determination

    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary shall designate critical habitat at the 
time the species is determined to be an endangered or threatened 
species. Our regulations (50 CFR 424.12(a)(1)) state that the Secretary 
may, but is not required to, determine that a designation would not be 
prudent in the following circumstances:
    (i) The species is threatened by taking or other human activity and 
identification of critical habitat can be expected to increase the 
degree of such threat to the species;
    (ii) The present or threatened destruction, modification, or 
curtailment of a species' habitat or range is not a threat to the 
species, or threats to the species' habitat stem solely from causes 
that cannot be addressed through management actions resulting from 
consultations under section 7(a)(2) of the Act;
    (iii) Areas within the jurisdiction of the United States provide no 
more than negligible conservation value, if any, for a species 
occurring primarily outside the jurisdiction of the United States;
    (iv) No areas meet the definition of critical habitat; or
    (v) The Secretary otherwise determines that designation of critical 
habitat would not be prudent based on the best scientific data 
available.
    As discussed in the SSA report, there is currently no imminent 
threat of collection or vandalism (identified under Factor B) for this 
species, and identification and mapping of critical habitat is not 
expected to initiate any such threat. In our SSA report and emergency 
listing rule for the Dixie Valley toad, we determined that the present 
or threatened destruction, modification, or curtailment of habitat or 
range is a threat to Dixie Valley toad and that those threats in some 
way can be addressed by section 7(a)(2) consultation measures. The 
species occurs wholly in the jurisdiction of the United States, and we 
are able to identify areas that meet the definition of critical 
habitat. Therefore, because none of the circumstances enumerated in our 
regulations at 50 CFR 424.12(a)(1) have been met and because the 
Secretary has not identified other circumstances for which this 
designation of critical habitat would be not prudent, we have 
determined that the designation of critical habitat is prudent for the 
Dixie Valley toad.

Critical Habitat Determinability

    Having determined that designation is prudent, under section 
4(a)(3) of the Act we must find whether critical habitat for the Dixie 
Valley toad is determinable.

[[Page 20378]]

Our regulations at 50 CFR 424.12(a)(2) state that critical habitat is 
not determinable when one or both of the following situations exist:
    (i) Data sufficient to perform required analyses are lacking, or
    (ii) The biological needs of the species are not sufficiently well 
known to identify any area that meets the definition of ``critical 
habitat.''
    We reviewed the available information pertaining to the biological 
needs of the species and habitat characteristics where this species is 
located. Careful assessments of the economic impacts that may occur due 
to a critical habitat designation are not yet complete. Therefore, data 
sufficient to perform required analyses are lacking, and we conclude 
that the designation of critical habitat for the Dixie Valley toad is 
not determinable at this time. The Act allows the Service an additional 
year to publish a critical habitat designation that is not determinable 
at the time of listing (16 U.S.C. 1533(b)(6)(C)(ii)).

Required Determinations

Clarity of the Rule

    We are required by E.O.s 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 ADDRESSES. 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.

National Environmental Policy Act (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 pursuant to the National Environmental Policy 
Act (42 U.S.C. 4321 et seq.) in connection with regulations adopted 
pursuant to section 4(a) of 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)).

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, May 4, 1994), E.O. 13175 (Consultation and 
Coordination with Indian Tribal Governments), and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. 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 requested information from the 
Paiute-Shoshone Tribe of the Fallon Reservation and Colony and have 
continued to coordinate during the SSA process. We are requesting the 
Tribe's partner review of the draft SSA report concurrent with the 
comment period identified in this proposed rule, which is published 
concurrently with the temporary rule found in the Rules and Regulations 
section of this issue of the Federal Register (see Docket No. FWS-R8-
ES-2022-0024 at https://www.regulations.gov). We will continue to work 
with Tribal entities during the development of a final listing rule for 
the Dixie Valley toad, and for a designation of critical habitat if 
found to be prudent and determinable.

References Cited

    A complete list of references cited in this rulemaking is available 
on the internet at https://www.regulations.gov and upon request from 
the Reno Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Fish and Wildlife Service's Species Assessment Team and the Reno 
Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

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

    Published concurrently in the Rules and Regulations section of this 
issue of the Federal Register, we are exercising our authority pursuant 
to section 4(b)(7) of the Endangered Species Act of 1973, as amended, 
to emergency list for 240 days the Dixie Valley toad (Anaxyrus 
williamsi) as an endangered species due to the imminent development of 
a geothermal project in Dixie Meadows, Nevada, and the potential 
resulting effects to the geothermal springs relied upon by the Dixie 
Valley toad. For the reasons discussed in the preamble of that 
temporary rule, we propose to make the emergency listing permanent.

    Authority:  16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, 
unless otherwise noted.

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-07375 Filed 4-6-22; 8:45 am]
BILLING CODE 4333-15-P