Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 64881

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 98 

[RIN 0970–AC18] 

Child Care and Development Fund 

State Match Provisions

AGENCY: Administration for Children 

and Families (ACF), HHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule revises the 

Child Care and Development Fund 

(CCDF) regulations to permit States to 

designate multiple public and/or private 

entities as eligible to receive private 

donations that may be certified as child 

care expenditures for purposes of 

receiving Federal CCDF matching funds. 

This proposed rule also allows States to 

use public pre-kindergarten 

expenditures for up to 30 percent of the 

State match expenditures required to 

claim their full allotment of Federal 

CCDF matching funds.

DATES: Comment Period: You may 

submit comments through January 10, 

2005. We will not consider comments 

received after this date.

ADDRESSES: You may mail comments to 

the Administration for Children and 

Families, Child Care Bureau, 330 C 

Street, SW., Room 2046, Washington, 

DC 20447. Attention: Shannon 

Christian, Associate Commissioner. 

Commenters may also provide 

comments on the ACF website. To 

transmit comments electronically, or to 

download an electronic version of the 

proposed rule, please go to http://

regulations.acf.hhs.gov. We will have 

comments available for public 

inspection Monday through Friday, 8:30 

a.m. to 5 p.m. at the above address.

FOR FURTHER INFORMATION CONTACT:

Karen Tvedt, Policy Director, Child Care 

Bureau, at (202) 401–5130.

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Background 

A. Child Care and Development Fund 

B. Summary of the Statutory Provisions 

Related to the State Match Requirement 

C. State Match Requirement Regulations 

D. Statutory Authority 

II. Provisions of Proposed Rule 

A. Certifying Private Donations as State 

Expenditures 

1. Summary of the Regulations Regarding 

Certifying Private Donations as State 

Expenditures in the Current Regulations 

2. Consultation with States and Other 

Organizations 

3. Changes Made in this Proposed Rule 

B. Public Pre-Kindergarten Expenditures 

1. Summary of the Regulations Regarding 

Public Pre-Kindergarten Expenditures in 

the Current Regulations 

2. Consultation with States and Other 

Organizations 

3. Changes Made in this Proposed Rule 

III. Regulatory Impact Analyses 

A. Executive Order 12866 

B. Regulatory Flexibility Analysis 

C. Assessment of the Impact on Family 

Well-Being 

D. Paperwork Reduction Act 

E. Unfunded Mandates Reform Act of 1995 

F. Congressional Review 

G. Executive Order 13132

I. Background 

A. Child Care and Development Fund 

Administered by the Child Care 

Bureau, CCDF assists low-income 

families, including families receiving or 

transitioning from Temporary 

Assistance for Needy Families (TANF), 

in the purchase of child care services, 

thereby allowing parents to work or 

attend training or education. States must 

spend a portion of their CCDF allotment 

on expenditures to improve the quality 

and availability of child care. 

B. Summary of the Statutory Provisions 

Related to the State Match Requirement 

CCDF is comprised of three funding 

streams, discretionary funds subject to 

annual appropriation by Congress as 

authorized under Section 658B of the 

CCDBG Act, 42 U.S.C. 9858, and 

mandatory and matching funds 

appropriated under Section 418 of the 

Social Security Act (‘‘SSA’’), 42 U.S.C. 

618. Pursuant to Section 418(a)(2) of the 

SSA, the Federal CCDF matching funds 

are the funds remaining after the 

mandatory funds have been distributed 

to the States. Matching funds are 

allocated to the States on the basis of the 

number of children under age 13 in the 

State compared with the number of 

children under age 13 in the Nation. 

These funds must be matched by States 

at the State’s Federal medical assistance 

percentage (FMAP) rate. 

C. State Match Requirement Regulations 

The current CCDF regulations (the 

‘‘current regulations’’) are codified at 45 

CFR part 98. The relevant matching 

fund requirements of the current 

regulations provide that donated funds 

from private sources may be qualified as 

State expenditures for purposes of 

receiving Federal CCDF matching funds, 

provided that such funds are transferred 

to or under the control of the State 

CCDF Lead Agency or given to the 

single entity designated by the State to 

receive donated funds. 45 CFR 98.53(e) 

and (f). The relevant matching fund 

requirements also provide that States 

may use public pre-kindergarten 

expenditures for up to 20 percent of the 

expenditures serving as maintenance-ofeffort and up to 20 percent of the 

expenditures meeting CCDF matching 

requirements. 45 CFR 98.53(h). States 

seeking to use pre-kindergarten 

expenditures for between 10 and 20 

percent of the expenditures serving as 

maintenance-of-effort or meeting CCDF 

matching requirements must provide a 

description of the efforts they will 

undertake to ensure that prekindergarten programs meet the needs 

of working families. They must also 

demonstrate how they will coordinate 

their pre-kindergarten and child care 

services to expand the availability of 

child care. 45 CFR 98.53(h)(4). 

We propose to revise current 

regulations to implement a provision of 

the President’s Good Start, Grow Smart 

Initiative and give States more 

flexibility in making the necessary State 

expenditures on child care to earn their 

full allotment of Federal CCDF matching 

funds. Specifically, the President’s Good 

Start, Grow Smart Initiative provides 

that the amount of State prekindergarten expenditures that may be 

used for Federal match will be increased 

to give States more flexibility in funding 

quality activities in support of early 

learning. Further, in FY 2001 and FY 

2002, five States failed to earn their full 

allotment of Federal CCDF matching 

funds. In recent months, ACF Regions 

and the Child Care Bureau have 

received requests from additional states 

for increased flexibility in the use of 

donated funds and public prekindergarten expenditures to meet 

CCDF matching requirements.

D. Statutory Authority 

This proposed regulation is being 

issued under the authority granted to 

the Secretary of Health and Human 

Services (HHS) by Section 658E of the 

CCDBG Act, 42 U.S.C. 9858c. 

II. Provisions of Proposed Rule 

A. Certifying Private Donations as State 

Expenditures 

1. Summary of the Regulations 

Regarding Certifying Private Donations 

as State Expenditures in the Current 

Regulations 

In order to certify funds donated from 

private sources that are not transferred 

to or under State control as 

expenditures for the purpose of 

receiving Federal CCDF matching funds, 

the current regulations provide that 

States must designate a single entity to 

receive such privately donated funds 

and all such privately donated funds 

must be transferred to this single 

64882 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 

designated entity. The specific 

provisions setting forth this requirement 

appear at § 98.53(f) of the current 

regulations and provide that funds 

donated from private sources ‘‘may be 

given to the entity designated by the 

State to receive donated funds’’ in the 

State Plan. 

2. Consultation with States and Other 

Organizations 

Requests have been made by State 

officials at the Child Care Bureau’s 

annual meeting of State Administrators 

and through numerous written, e-mail, 

and telephonic correspondence for 

increased flexibility in meeting the 

States’ CCDF matching requirements. 

The Child Care Bureau has also heard 

that States find the current regulations 

too restrictive when States seek to 

encourage coordination among early 

childhood education programs or to 

implement the President’s Good Start, 

Grow Smart Initiative. 

3. Changes Made in This Proposed Rule 

In order to grant States greater 

flexibility in meeting the matching 

requirements for Federal CCDF 

matching funds, this proposed rule 

provides that States shall be allowed to 

designate multiple public and/or private 

entities to receive privately donated 

funds that may be certified as State 

expenditures for purposes of receiving 

Federal CCDF matching funds. We 

propose to revise Section 98.53(f) to 

provide that privately donated funds 

‘‘may be given to the public or private 

entities designated by the State to 

implement the child care program in 

accordance with Sec. 98.11 provided 

that such entities are identified and 

designated in the State Plan to receive 

donated funds pursuant to Sec. 

98.16(c)(2).’’ Additionally, conforming 

changes are proposed to Sections 

98.16(c)(2) and 98.53(e)(2)(iv) to reflect 

the fact that privately donated funds 

may be given to ‘‘public or private 

entities.’’

B. Public Pre-Kindergarten Expenditures 

1. Summary of the Regulations 

Regarding Public Pre-Kindergarten 

Expenditures in the Current Regulations 

The current regulations provide that, 

once States have met their maintenanceof-effort requirement, they may use 

public pre-kindergarten expenditures 

for up to 20 percent of their child care 

expenditures designated toward meeting 

CCDF matching requirements. States 

seeking to use the full 20 percent of prekindergarten expenditures to meet the 

matching requirements must provide a 

description of the efforts they will 

undertake to ensure that prekindergarten programs meet the needs 

of working families. They must also 

demonstrate how they will coordinate 

their pre-kindergarten and child care 

services to expand the availability of 

child care. The specific provisions 

setting forth this requirement appear at 

Section 98.53(h)(3) of the current 

regulations and provide that ‘‘[i]n any 

fiscal year, a State may use other public 

pre-K funds for up to 20% of the 

expenditures serving as the State’s 

matching funds under this subsection.’’

2. Consultation With States and Other 

Organizations 

Requests have been made by State 

officials at the Child Care Bureau’s 

annual meeting of State Administrators 

and through numerous written, e-mail, 

and telephonic correspondence for 

increased flexibility in meeting the 

States’ CCDF matching requirements. 

The Child Care Bureau has also been 

informed that States are finding the 

current regulations to be too restrictive 

when States seek to encourage 

coordination among early childhood 

education programs or to implement the 

President’s Good Start, Grow Smart 

Initiative. 

3. Changes Made in This Proposed Rule 

In order to grant States greater 

flexibility in meeting the matching 

requirements for Federal CCDF 

matching funds, this proposed rule 

provides that once States have met their 

maintenance-of-effort requirement, they 

may designate a portion of their public 

pre-kindergarten expenditures as their 

expenditures toward Federal CCDF 

matching funds; provided that the 

portion of public pre-kindergarten 

expenditures designated as State 

matching funds may not exceed 30 

percent of the amount of expenditures 

required by States to earn their full 

allotment of Federal CCDF matching 

funds. We propose to revise Section 

98.53(h)(3) to provide that, ‘‘[i]n any 

fiscal year, a State may use other public 

pre-K funds as expenditures serving as 

State matching funds under this 

subsection; such public pre-K funds 

used as State expenditures may not 

exceed 30% of the amount of a State’s 

expenditures required to earn the State’s 

full allotment of Federal matching funds 

available under this subsection.’’

Additionally, conforming changes 

would be made to Sections 98.53(h)(4) 

to provide that the CCDF Plan ‘‘shall 

reflect the State’s intent to use public 

pre-K funds in excess of 10%, but not 

for more than 20% of its maintenanceof-effort or 30% of its State matching 

funds in a fiscal year.’’

III. Regulatory Impact Analyses 

A. Executive Order 12866 

Executive Order 12866 requires that 

regulations be drafted to ensure that 

they are consistent with the priorities 

and principles set forth in Executive 

Order 12866. The Department has 

determined that this proposed rule is 

consistent with these priorities and 

principles. 

Executive Order 12866 encourages 

agencies, as appropriate, to provide the 

public with meaningful participation in 

the regulatory process. As described 

earlier, the Child Care Bureau and ACF 

regional offices have been contacted by 

numerous States expressing their desire 

for greater flexibility in meeting their 

matching requirement for Federal CCDF 

matching funds. This rule addresses 

these concerns. In addition, we are 

providing a 60-day public comment 

period. 

This rule is considered a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 and therefore has been 

reviewed by the Office of Management 

and Budget. 

B. Regulatory Flexibility Analysis 

The Regulatory Flexibility Act (5 

U.S.C. Ch. 6) (RFA) requires the Federal 

government to anticipate and reduce the 

impact of rules and paperwork 

requirements on small businesses and 

other small entities. Small entities are 

defined in the RFA to include small 

businesses, small non-profit 

organizations, and small governmental 

entities. This rule will affect only the 50 

States and the District of Columbia. 

Therefore, the Secretary certifies that 

this rule will not have a significant 

impact on small entities. 

C. Assessment of the Impact on Family 

Well-Being 

We certify that we have made an 

assessment of this proposed rule’s 

impact on the well-being of families, as 

required under Section 654 of the 

Treasury and General Appropriations 

Act of 1999. This proposed rule will 

make it easier for States to receive their 

full allotment of Federal matching funds 

through CCDF. These funds are to be 

used by States to assist low-income 

families in purchasing child care 

services, to provide comprehensive 

consumer education to parents and the 

public, and to improve the quality and 

availability of child care. 

D. Paperwork Reduction Act 

In order for States to use the increased 

flexibility provided by the proposed 

rule, Lead Agencies must amend their 

Lead Agency Plans, the information 

Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 64883

requirements of which are set forth in 

Section 98.16 of the current regulations. 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507 

(d)), the Administration for Children 

and Families has submitted a copy of 

this section, together with a copy of this 

notice of proposed rulemaking to the 

Office of Management and Budget 

(OMB) for its review. 

Title: Amendment to State/Territorial 

Plan Pre-Print (ACF–118) for the Child 

Care and Development Fund (Child Care 

and Development Block Grant). 

Description: The legislativelymandated plans serve as the agreement 

between the Lead Agency and the 

Federal Government as to how CCDF 

programs will be administered in 

conformance with legislative 

requirements, pertinent Federal 

regulations, and other applicable 

instructions and guidelines issued by 

ACF. This information is used for 

Federal oversight of the Child Care and 

Development Fund. Because the State 

Plans must accurately reflect the 

manner in which a State meets the 

matching requirements for Federal 

CCDF matching funds, in order for a 

State to use the increased flexibility 

provided by this proposed rule, it must 

submit an amendment to its plan 

reflecting the change in the manner in 

which it meets the matching 

requirement for Federal CCDF matching 

funds. Because the information required 

to take advantage of the provisions of 

this proposed regulation are already 

collected in the ACF–118, a new 

information collection document will 

not be necessary. ACF expects to 

publish proposed revisions to the ACF–

118 in the Federal Register in October. 

These proposed changes should reach 

OMB in January 2005. 

Respondents: State and territorial 

governments. 

Burden Estimates:

Estimated Number of Likely 

Respondents: 22*. 

Number of Responses Per 

Respondent: 1. 

Average Burden Hours Per Response:

2. 

Estimated Total Burden Hours: 44. 

*Estimate based upon the total 

number of States using private 

donations and/or their public prekindergarten expenditures as their 

expenditures toward Federal CCDF 

matching funds in FY2002, plus an 

additional number of States that are 

expected to take advantage of the 

increased flexibility in using private 

donations and/or public prekindergarten expenditures to meet their 

State CCDF matching requirement. 

The Administration for Children and 

Families will consider comments by the 

public on this proposed collection of 

information in the following areas: 

(1) Evaluating whether the proposed 

collection is necessary for the proper 

performance of the functions of ACF, 

including whether the information will 

have practical utility; 

(2) Evaluating the accuracy of the 

ACF’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used;

(3) Enhancing the quality, usefulness, 

and clarity of the information to be 

collected; and 

(4) Minimizing the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technology, e.g., permitting electronic 

submission of responses. 

OMB is required to make a decision 

concerning the collection of information 

contained in these proposed regulations 

between 30 and 60 days after 

publication of this document in the 

Federal Register. Therefore, a comment 

is best assured of having its full effect 

if OMB receives it within 30 days of 

publication. This does not affect the 

deadline for the public to comment to 

the Department on the proposed 

regulations. Written comments to OMB 

for the proposed information collection 

should be sent directly to the following: 

Office of Management and Budget, 

Paperwork Reduction Project, 

Washington DC, 

katherine_t._astrich@omb.eop.gov.

E. Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

requires that a covered agency prepare 

a budgetary impact statement before 

promulgating a rule that includes any 

Federal mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year. 

This proposed rule will not result in 

the expenditure by State, local, and 

Tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more in any one year. Expenditures 

made to meet the requirements for 

Federal CCDF matching funds are made 

entirely at the option of the State or 

Tribal government seeking the Federal 

CCDF matching funds. 

F. Congressional Review 

This proposed rule is not a major rule 

as defined in 5 U.S.C. 804. 

G. Executive Order 13132 

Executive Order 13132 guarantees 

‘‘the division of governmental 

responsibilities between the national 

government and the States that was 

intended by the Framers of the 

Constitution, to ensure that the 

principles of federalism established by 

the Framers guide the executive 

departments and agencies in the 

formulation and implementation of 

policies, and to further the policies of 

the Unfunded Mandates Reform Act.’’

The Secretary certifies that this 

proposed rule does not have a 

substantial direct effect on States, on the 

relationship between the Federal 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This proposed 

rule does not preempt State law and 

does not impose unfunded mandates. 

This proposed rule does not contain 

regulatory policies with federalism 

implications that would require specific 

consultations with State or local elected 

officials.

List of Subjects in 45 CFR Part 98 

Child Care, Grant programs—social 

programs.

(Catalogue of Federal Domestic Assistance 

Programs: 93.575, Child Care and 

Development Block Grant; 93.596, Child Care 

Mandatory and Matching Funds)

Dated: March 16, 2004. 

Wade F. Horn, 

Assistant Secretary for Children and Families.

Approved: July 21, 2004. 

Tommy G. Thompson, 

Secretary, Department of Health and Human 

Services.

For the reasons set forth in the 

preamble, the Administration for 

Children and Families proposes to 

amend part 98 of title 45 of the Code of 

Federal Regulations as follows:

PART 98—CHILD CARE AND 

DEVELOPMENT FUND 

1. The authority for part 98 continues 

to read:

Authority: 42 U.S.C. 618, 9858.

2. Amend § 98.16 by revising 

paragraph (c)(2) as follows:

§ 98.16 Plan provisions.

* * * * *

(c) * * * 

(2) Identification of the public or 

private entities designated to receive 

private donated funds and the purposes 

for which such funds will be expended, 

pursuant to §98.53(f);

* * * * *

64884 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 

3. Amend §98.53 by revising 

paragraphs (f), (h)(3), and (h)(4) to read 

as follows:

§ 98.53 Matching fund requirements.

* * * * *

(f) Donated funds need not be 

transferred to or under the 

administrative control of the Lead 

Agency in order to qualify as an 

expenditure eligible to receive Federal 

match under this subsection. They may 

be given to the public or private entities 

designated by the State to implement 

the child care program in accordance 

with § 98.11 provided that such entities 

are identified and designated in the 

State Plan to receive donated funds 

pursuant to § 98.16(c)(2).

* * * * *

(h) * * * 

(3) In any fiscal year, a State may use 

public pre-K funds for up to 20% of the 

funds serving as maintenance-of-effort 

under this subsection. In addition, in 

any fiscal year, a State may use other 

public pre-K funds as expenditures 

serving as State matching funds under 

this subsection; such public pre-K funds 

used as State expenditures may not 

exceed 30% of the amount of a State’s 

expenditures required to earn the State’s 

full allotment of Federal matching funds 

available under this subsection. 

(4) If applicable, the CCDF Plan shall 

reflect the State’s intent to use public 

pre-K funds in excess of 10%, but not 

for more than 20% of its maintenanceof-effort or 30% of its State matching 

funds in a fiscal year. Also, the Plan 

shall describe how the State will 

coordinate its pre-K and child care 

services to expand the availability of 

child care.

* * * * *

[FR Doc. 04–24944 Filed 11–8–04; 8:45 am] 

BILLING CODE 4184–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding for a 

Petition to List Cymopterus deserticola

(desert cymopterus) as Endangered

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of 12-month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

12-month finding for a petition to list 

Cymopterus deserticola (desert 

cymopterus) as endangered under the 

Endangered Species Act of 1973, as 

amended (Act). After reviewing the 

available scientific and commercial 

information, we find that listing the 

species as threatened or endangered 

throughout all or a significant portion of 

its range is not warranted at this time. 

We ask the public to submit to us any 

new information that becomes available 

concerning the status of, or threats to 

the species. This information will help 

us monitor the status of this species.

DATES: The finding announced in this 

document was made on November 9, 

2004. Although no further action will 

result from this finding, we request that 

you submit new information concerning 

the status of, or threats to, this species, 

whenever it becomes available.

ADDRESSES: The complete file for this 

finding is available for inspection, by 

appointment, during normal business 

hours, at the Ventura Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

2493 Portola Road, Suite B, Ventura, CA 

93003. Please submit any new 

information, materials, comments, or 

questions concerning this species to the 

above address.

FOR FURTHER INFORMATION CONTACT:

Diane Noda, Field Supervisor, Ventura 

Fish and Wildlife Office (see ADDRESSES

section above) (telephone at 805/644–

1766; facsimile 805/644–3958).

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(B) of the Endangered 

Species Act of 1973, as amended (Act) 

(16 U.S.C. 1531 et seq.), requires that, 

for any petition to revise the List of 

Threatened and Endangered Species 

that contains substantial scientific and 

commercial information indicating that 

listing may be warranted, we make a 

finding within 12 months of the date of 

the receipt of the petition. We may find 

that the petitioned action is: (a) Not 

warranted, or (b) warranted, or (c) 

warranted but precluded by other 

pending proposals. Such 12-month 

findings are to be published promptly in 

the Federal Register. 

On April 15, 2002, we received a 

petition, dated March 29, 2002, from the 

California Native Plant Society and the 

Center for Biological Diversity, 

requesting us to list Cymopterus 

deserticola (desert cymopterus) as an 

endangered species and designate 

critical habitat. On June 12, 2002, we 

sent a letter to the petitioners explaining 

that we would not be able to address 

their petition in the current fiscal year 

because court orders and settlement 

agreements required nearly all of our 

listing funding. On April 25, 2003, the 

California Native Plant Society and the 

Center for Biological Diversity filed a 

complaint against the Service for failure 

to make the mandatory 90-day and 12-

month petition findings (California 

Native Plant Society and the Center for 

Biological Diversity v. U.S. Fish and 

Wildlife Service, C–03–1881–JCS). 

Settlement due dates were agreed to of 

February 1, 2004, for the 90-day finding, 

and, if the 90-day finding was found to 

be substantial, November 1, 2004, for 

the 12-month finding. The Director 

signed the 90-day finding on January 29, 

2004. On February 10, 2004, we 

published a notice in the Federal 

Register announcing our initial petition 

finding that the petitioned action may 

be warranted (69 FR 6240) and initiated 

a status review at that time. We have 

now completed our status review of the 

best available scientific and commercial 

information on Cymopterus deserticola,

and have reached a determination 

regarding the petitioned action. 

Species Information 

Cymopterus deserticola, an 

herbaceous perennial plant, is a member 

of the carrot family (Apiaceae). 

Individual plants generally reach 6 

inches (in) (15 centimeters (cm)) in 

height when in flower. Cymopterus 

deserticola is unusual in having 

herbaceous above-ground leaves and 

inflorescences (flowering parts of plant) 

that die back at the end of the growing 

season, leaving only the perennial 

taproot to overwinter. The plant may 

only produce the leaves and 

inflorescences in years when favorable 

climatic conditions, including sufficient 

rainfall, are present. In some years, 

individuals may produce leaves but not 

inflorescences. In years when flowering 

does occur, the inflorescences emerge in 

early spring. During unfavorable 

climatic conditions, such as severe 

drought, the plant may persist solely as 

a dormant taproot; the length of time the 

perennial taproot of C. deserticola can 

survive is unknown. 

Cymopterus deserticola grows on 

loose, sandy soils in Joshua tree 

woodland, saltbush scrub, and 

Mojavean desert scrub communities in 

the western Mojave Desert, at elevations 

between 2,000 and 3,000 feet (610 and 

915 meters) (Bagley 1998). The sandy 

soils that C. deserticola requires can be 

found on alluvial fans and basins, 

stabilized sand fields, and occasionally 

sandy slopes of desert dry lake basins. 

This species typically grows in the cool, 

moist conditions of winter and early 

spring, and goes dormant as the warmer 

weather progresses in April and May 

(Bagley 1998). Very little is known