77178 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AH07

Endangered and Threatened Wildlife

and Plants; Proposed Designation of

Critical Habitat for the San Bernardino

Kangaroo Rat

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service), propose

designation of critical habitat for the

San Bernardino kangaroo rat

(Dipodomys merriami parvus) pursuant

to the Endangered Species Act of 1973,

as amended (Act). A total of

approximately 22,423 hectares (55,408

acres) in San Bernardino and Riverside

Counties, California, are proposed as

critical habitat for the San Bernardino

kangaroo rat.

Critical habitat identifies specific

areas, both occupied and unoccupied,

that are essential to the conservation of

a listed species and that may require

special management considerations or

protection. The primary constituent

elements for the San Bernardino

kangaroo rat are those habitat

components that are essential for the

primary biological needs of foraging,

reproducing, rearing of young, intraspecific communication, dispersal,

genetic exchange, or sheltering. All

areas proposed for designation as

critical habitat for the San Bernardino

kangaroo rat contain one or more of the

primary constituent elements essential

to the conservation of the species.

If this proposed rule is made final,

section 7 of the Act would prohibit

destruction or adverse modification of

critical habitat by any activity funded,

authorized, or carried out by any

Federal agency; and, Federal agencies

proposing actions that may affect the

area designated as critical habitat must

consult with us on the effects of their

proposed actions, pursuant to section

7(a)(2) of the Act. Section 4 of the Act

requires us to consider economic and

other relevant impacts of specifying any

particular area as critical habitat.

We solicit data and comments from

the public on all aspects of this

proposal, including data on the

economic and other impacts of the

designation. We may revise this

proposal to incorporate or address new

information received during the

comment period.

DATES: We will consider all comments

on the proposed rule received from

interested parties by February 6, 2001.

Public hearing requests must be

received by January 22, 2001.

ADDRESSES: If you wish to comment,

you may submit your comments and

materials concerning this proposal by

any one of several methods.

1. You may submit written comments

and information to the Field Supervisor,

Carlsbad Fish and Wildlife Office, U.S.

Fish and Wildlife Service, 2730 Loker

Avenue West, Carlsbad, California

92008.

2. You may hand-deliver written

comments to our Carlsbad Fish and

Wildlife Office, U.S. Fish and Wildlife

Service, 2730 Loker Avenue West,

Carlsbad, California.

3. You may send comments by

electronic mail (e-mail) to

FW1CFWOlsbkr@fws.gov. See the

Public Comments Solicited section

below for file format and other

information about electronic filing.

Comments and materials received,

and supporting documentation used in

the preparation of this proposed rule,

will be available for public inspection,

by appointment, during normal business

hours at the Carlsbad Fish and Wildlife

Office.

FOR FURTHER INFORMATION CONTACT: Ken

S. Berg, Field Supervisor, Carlsbad Fish

and Wildlife Office, at the above address

(telephone: 760/431–9440; facsimile

760/431–9624).

SUPPLEMENTARY INFORMATION:

Background

The San Bernardino kangaroo rat

(Dipodomys merriami parvus) is one of

19 recognized subspecies of Merriam’s

kangaroo rat (D. merriami), a

widespread species distributed

throughout arid regions of the western

United States and northwestern Mexico

(Hall and Kelson 1959, Williams et al.

1993). In coastal southern California,

Merriam’s kangaroo rat is the only

species of kangaroo rat with four toes on

each of its hind feet. The San

Bernardino kangaroo rat has a body

length of about 95 millimeters (mm) (3.7

inches (in)) and a total length of 230 to

235 mm (9 to 9.3 in). The hind foot

measures less than 36 mm (1.4 in) in

length. The body color is pale yellow

with a heavy overwash of dusky brown.

The tail stripes are medium to dark

brown and the foot pads and tail hairs

are dark brown. The flanks and cheeks

of the subspecies are dusky (Lidicker

1960). The San Bernardino kangaroo rat

is considerably darker and smaller than

either of the other two subspecies of

Merriam’s kangaroo rat that occur in

southern California, D. merriami

merriami and D. merriami collinus. The

San Bernardino kangaroo rat, endemic

to southern California, is one of the

most highly differentiated subspecies of

Merriam’s kangaroo rat and, according

to Lidicker (1960), ‘‘it seems likely that

it has achieved nearly species rank.’’

The San Bernardino kangaroo rat, a

member of the family Heteromyidae,

was first described by Rhoades (1894)

under the name Dipodomys parvus from

specimens collected by R.B. Herron in

Reche Canyon, San Bernardino County,

California. Elliot reduced D. parvus to a

subspecies of D. merriami (D. merriami

parvus) in 1901, a taxonomic treatment

of the species which was confirmed by

Hall and Kelson (1959) and Williams et

al. (1993). The San Bernardino kangaroo

rat appears to be separated from

Merriam’s kangaroo rat (D. merriami

merriami) at the northernmost extent of

its range near Cajon Pass by an 8 to 13

kilometer (km) (5 to 8 mile (mi)) gap of

unsuitable habitat.

The historical range of this species

extends from the San Bernardino Valley

in San Bernardino County to the

Menifee Valley in Riverside County

(Hall and Kelson 1959, Lidicker 1960).

Within this range, the San Bernardino

kangaroo rat was known from more than

25 localities (McKernan 1993). From the

early 1880s to the early 1930s, the San

Bernardino kangaroo rat was a common

resident of the San Bernardino and San

Jacinto Valleys of southern California

(Lidicker 1960). At the time of listing,

based on the distribution of suitable

soils and museum collections of this

species, we estimated that the historical

range encompassed approximately

130,587 hectares (ha) (326,467 acres

(ac)) (U.S. Fish and Wildlife Service

unpubl. GIS maps, 1998; in 63 FR

51005). Recent studies indicate that the

species occupies a wider range of soil

and vegetation types than previously

thought (Braden and McKernan 2000),

which suggests that the species’

historical range may have been larger

than we estimated at the time of listing.

Although the entire area of the

historical range would not have been

occupied at any given time due to

hydrological processes and resultant

variability in habitat suitability, the San

Bernardino kangaroo rat was widely

distributed across the San Bernardino

and San Jacinto valleys. By the 1930s,

suitable habitat had been estimated to

have been reduced to approximately

11,200 ha (28,000 ac) (McKernan 1997).

Habitat destruction continued such that

in 1997 the San Bernardino kangaroo rat

was thought to occupy only 1,299 ha

(3,247 ac) of suitable habitat divided

unequally among seven locations

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77179

(McKernan 1997). At the time of listing,

we also estimated that an additional

5,277 ha (13,193 ac) of additional

habitat that was likely occupied by the

San Bernardino kangaroo rat was

distributed within the Santa Ana River,

Lytle and Cajon creeks, and San Jacinto

River. Unlike the three largest habitat

blocks, we did not provide an estimate

for additional habitat that was likely

occupied for the smaller remnant

populations at City Creek, Etiwanda

alluvial fan and wash, Reiche Canyon,

and South Bloomington (including

Jurupa Hills). At the time of listing, we

discounted approximately 1,358 ha

(3,396 ac) of the 5,277 ha (13,193 ac) of

additional habitat as being too mature or

degraded to support San Bernardino

kangaroo rats. Additional research has

indicated that San Bernardino kangaroo

rats occupy mature alluvial scrub,

coastal sage scrub, and even chaparral

vegetation types (McKernan 2000).

Thus, a minimum of approximately

6,576 ha (16,440 ac) of habitat was

likely occupied at the time of listing.

Additional research has expanded our

knowledge on the distribution and

habitat needs of the San Bernardino

kangaroo rat. We are proposing critical

habitat for the Santa Ana River

(including City, Plunge, and San

Timoteo Creeks), Lytle and Cajon

Creeks, San Jacinto River and Bautista

Creek, Etiwanda alluvial fan (including

the Etiwanda Wash), Reche Canyon, and

Jurupa Hills-South Bloomington

(McKernan 1997; California Natural

Diversity Data Base (CNDDB) 2000;

University of California, Riverside

species database 2000; database for the

San Bernardino Valley-Wide Multiple

Species Habitat Conservation Plan

(MSHCP) 2000; and section 10(a)(1)(A)

survey reports 1998–2000). The areas

proposed as critical habitat are an

expansion of the known locations of the

San Bernardino kangaroo rat identified

in the final listing rule and are within

the known geographical area for this

species. Other known populations of the

San Bernardino kangaroo rat have not

been proposed as critical habitat. We

did not propose critical habitat for small

scattered populations or habitats which

were in areas that were highly

fragmented by urban and agricultural

development and/or were no longer

subject to hydrological and

geomorphological processes that would

naturally maintain alluvial scrub

vegetation.

Habitat for the San Bernardino

kangaroo rat has been severely reduced

and fragmented by development and

related activities in the San Bernardino

and San Jacinto valleys, resulting in

reduced habitat patch size and

increased distances between patches of

suitable habitat. As noted by Andren

(1994) in a discussion of highly

fragmented landscapes, reduced habitat

patch size and isolation exacerbate the

effects of habitat loss on a species’

persistence (i.e., the loss of species, or

decline in population size, will be

greater than expected from habitat loss

alone) and may preclude recolonization

of suitable habitat following local

extinction.

The loss of native vertebrates,

including rodents, due to habitat

fragmentation is well documented

(Soule ́ et al. 1992, Andren 1994, Bolger

et al. 1997). Results of habitat

fragmentation on rodents may include

increased extinction rates due to

increased vulnerability to random

demographic (population characteristics

such as age and sex structure) and

environmental events (Hanski 1994,

Bolger et al. 1997). For example,

isolated populations are more

susceptible to local extinction by

manmade or natural events, such as

disease or floods, than are larger, more

connected populations. Furthermore,

small populations are more likely to

experience detrimental effects

associated with reproduction, including

genetic drift, inbreeding depression, and

a loss of genetic variability; factors that

increase the risk of extinction (Caughley

1994, Lacy 1997). Past and ongoing

causes of fragmentation of San

Bernardino kangaroo rat habitat include

conversion of lands to urban, industrial,

agricultural, and recreational uses;

construction of roads and freeways; and

development of flood control structures

such as dams, levees, and channels. The

effect of these human-caused

disturbances is two-fold—(1) they

reduce the amount of suitable habitat for

the San Bernardino kangaroo rat,

breaking large areas into smaller

patches, and (2) they act as barriers to

movement between the remaining

suitable habitat patches.

San Bernardino kangaroo rats are

typically found on alluvial fans

(relatively flat or gently sloping masses

of loose rock, gravel, and sand deposited

by a stream as it flows into a valley or

upon a plain), flood plains, along

washes, in adjacent upland areas

containing appropriate physical and

vegetative characteristics (McKernan

1997), and in areas with historic braided

channels (McKernan in litt. 1999). These

areas consist of sand, loam, sandy loam,

or gravelly soils (McKernan 1993,

Braden and McKernan 2000) that are

associated with alluvial processes (i.e.,

the deposition of clay, silt, sand, gravel,

or similar material by running water

such as rivers and streams; debris

flows). San Bernardino kangaroo rats

also occupy areas where sandy soils are

at least partially deposited by winds

(e.g., northwest of the Jurupa Hills)

(McKernan 1997). These soils allow

kangaroo rats to dig simple, shallow

burrow systems (McKernan 1997) and

typically support alluvial sage scrub and

chaparral vegetation.

Alluvial sage scrub has been

described as a variant of coastal sage

scrub (Smith 1980) and is also referred

to as Riversidean alluvial fan scrub,

alluvial fan sage scrub, cismontane

alluvial scrub, alluvial fan scrub, or by

Holland (1986) as Riversidian Alluvial

Fan Sage Scrub. Alluvial scrub is

considered a distinct and rare plant

community found primarily on alluvial

fans and flood plains along the southern

bases of the Transverse Ranges and

portions of the Peninsular Ranges in

southern California (CNDDB 1993). This

relatively open vegetation type is

adapted to periodic flooding and

erosion (Hanes et al. 1989) and is

comprised of an assortment of droughtdeciduous shrubs and larger evergreen

woody shrubs characteristic of both

coastal sage scrub and chaparral

communities (Smith 1980).

Three phases of alluvial sage scrub

have been described: pioneer,

intermediate, and mature. The phases

are thought to correspond to factors

such as flood scour, distance from flood

channel, time since last catastrophic

flood, and substrate features (Smith

1980, Hanes et al. 1989). Under natural

conditions, flood waters periodically

break out of the main river channel in

a complex pattern, resulting in a braided

appearance to the flood plain and a

mosaic of vegetation stages. Pioneer sage

scrub, the earliest phase, is subject to

frequent hydrological disturbance, the

sparse vegetation usually renewed by

frequent floods (Smith 1980, Hanes et

al. 1989). The intermediate phase,

which typically is found on benches

between the active channel and mature

flood plain terraces, is subject to

periodic flooding at longer intervals.

The vegetation of early and intermediate

stages is relatively open, and supports

the highest densities of the San

Bernardino kangaroo rat (McKernan

1997).

The latest, or mature, phase of alluvial

sage scrub is rarely affected by flooding

and supports the highest plant density

(Smith 1980). The mature terraces and

upland areas adjacent to them

supporting the oldest phase of sage

scrub provide an important refugia for

San Bernardino kangaroo rats during

flood events. Although mature areas are

generally used less frequently or

occupied at lower densities than those

77180 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

supporting earlier phases, these areas

are critical to the long-term survival of

the species (i.e., prevent extinction) by

providing a source population for recolonization following catastrophic

flooding events in which kangaroo rats

inhabiting lower areas of the flood plain

drown (McKernan, pers. comm. 2000).

Alluvial scrub vegetation includes

plant species that are often associated

with coastal sage scrub, chaparral, or

desert transition communities. Common

plant species include: Scalebroom

(Lepidospartum squamatum), California

buckwheat (Eriogonum fasciculatum),

wooly yerba santa (Eriodictyon

crassifolium), hairy yerba santa

(Eriodictyon trichocalyx), our Lord’s

candle (Yucca whipplei), sugar bush

(Rhus ovata), lemonadeberry (Rhus

integrifolia), laurel sumac (Malosma

laurina), California juniper (Juniperus

californicus), mulefat (Baccharis

salicifolia), showy penstemon

(Penstemon spectabilis), golden aster

(Heterotheca villosa), tall buckwheat

(Eriogonum elongatum), brittle bush

(Encelia farinosa), prickly pear and

cholla (Opuntia spp.), chamise

(Adenostoma fasciculatum), holly-leaf

cherry (Prunus ilicifolia), oaks (Quercus

spp.), white sage (Salvia apiana), and

annual forbs (e.g., phacelia (Phacelia

spp.), lupine (Lupinus spp.), and

popcorn flower (Plagiobothrys spp.)),

and native and nonnative grasses.

Similar to other subspecies of

Merriam’s kangaroo rat, the San

Bernardino kangaroo rat prefers

moderately open habitats characterized

by low shrub canopy cover (McKernan

1997). However, the species uses areas

of denser vegetation (Braden and

McKernan 2000), and McKernan (pers.

comm. 2000) stated that such areas are

essential to San Bernardino kangaroo rat

conservation. Research conducted by

Braden and McKernan (2000) during

1998 and 1999 demonstrated that areas

with late phases of the flood plain

vegetation, such as mature alluvial fan

sage scrub and associated coastal sage

scrub and chaparral, including some

areas of moderate to dense vegetation

such as nonnative grasslands, are at

least periodically occupied by the

species.

A study of San Bernardino kangaroo

rats conducted by Braden and

McKernan (2000) provided additional

new, specific data about the species’

habitat characteristics. Braden and

McKernan determined: (1) Perennial

cover varies from 0 to 100 percent, (2)

annual cover (primarily nonnative

grasses) varies from 0 to 70 percent, (3)

the proportion of surface fine sands

varies from 0 to 100 percent, (4) surface

cover of small rock fragments varies

from 0 to 90 percent, and (5) surface

cover of large rock fragments varies from

0 to 51 percent. The San Bernardino

kangaroo rat has also been documented

in areas of human disturbance not

typically associated with the species,

including nonnative grasslands

separating tracts of suitable habitat,

margins of orchards and out-of-use

vineyards (as far as 50 m (150 feet) from

adjacent, suitable sage scrub), and areas

of wildland/urban interface within flood

plains or terraces and adjacent to

occupied habitat (McKernan, in litt.

2000).

Areas that contain low densities of

San Bernardino kangaroo rats are

important for dispersal, genetic

exchange, colonization of newly

suitable habitat, and re-colonization of

areas after severe storm events. The

dynamic nature of the fluvial (river)

habitat leads to a situation where not all

the habitat associated with alluvial

processes is suitable for the species at

any point in time. However, areas

generally considered unsuitable habitat,

such as out-of-production vineyards and

margins of orchards, can and do develop

into suitable habitat for the species by

natural processes (McKernan, pers.

comm. 2000).

Little is known about home range

size, dispersal distances, or other spatial

requirements of the San Bernardino

kangaroo rat. However, home ranges for

the Merriam’s kangaroo rat in the Palm

Springs, California, area average 0.33 ha

(0.8 ac) for males and 0.31 ha (0.8 ac)

for females (Behrends et al. 1986).

Furthermore, Blair (1943) reported

much larger home ranges for Merriam’s

kangaroo rats in New Mexico, where

home ranges averaged 1.7 ha (4.1 ac) for

males and 1.6 ha (3.8 ac) for females.

Space requirements for the San

Bernardino kangaroo rat likely vary

according to season, age and sex of

animal, food availability, and other

factors. Although outlying areas of their

home ranges may overlap, Dipodomys

adults actively defend small core areas

near their burrows (Jones 1993). Home

range overlap between males and

between males and females is extensive,

but female-female overlap is slight

(Jones 1993). The degree of competition

between San Bernardino kangaroo rats

and sympatric (living in the same

geographical area) species of kangaroo

rats for food and other resources is not

presently known.

Similar to other kangaroo rats, the

Merriam’s kangaroo rat is generally

granivorous (feeds on seeds and grains)

and often stores large quantities of seeds

in surface caches (Reichman and Price

1993). Green vegetation and insects are

also important seasonal food sources.

Insects, when available, have been

documented to constitute as much as 50

percent of a kangaroo rat’s diet

(Reichman and Price 1993).

Wilson et al. (1985) reported that

compared to other rodents, Merriam’s

kangaroo rat, and heteromyids in

general, have relatively low

reproductive output. Rainfall and the

availability of food have been cited as

factors affecting kangaroo rat

populations. Droughts lasting more than

a year can cause rapid declines in

population numbers after seed caches

are depleted (Goldingay et al. 1997).

Little information exists on the

specific types and local abundances of

predators that feed on the San

Bernardino kangaroo rat. Potential

native predators include the common

barn owl (Tyto alba), great horned owl

(Bubo virginianus), long-eared owl (Asio

otus), gray fox, (Urocyon

cinereoargenteus), coyote (Canis

latrans), long-tailed weasel (Mustela

frenata), bobcat (Felis rufus), badger

(Taxidea taxus), San Diego gopher

snake (Pituophis melanoleucus

annectens), California king snake

(Lampropeltis getulus californiae), red

diamond rattlesnake (Crotalus ruber),

and southern Pacific rattlesnake

(Crotalus viridus). Domestic cats (Felis

cattus) are known to be predators of

native rodents (Hubbs 1951, George

1974) and have the ability to reduce

population sizes of rodents (Crooks and

Soule` 1999). Predation of San

Bernardino kangaroo rats by domestic

cats has been documented (McKernan,

pers. comm., 1994). Continued

fragmentation of habitat is likely to

promote higher levels of predation by

native animals (Bolger et al. 1997) and

urban-associated animals (e.g., domestic

cats, opossums (Didelphis virginianus),

and striped skunks (Mephitis mephitis))

as the interface between natural habitat

and urban areas is increased (Churcher

and Lawton 1987).

A limited amount of data exists

pertaining to population dynamics of

the San Bernardino kangaroo rat.

Information is not currently available on

several aspects of the species’ life

history such as fecundity (the capacity

of an organism to produce offspring),

survival, population age and sex

structure, intra- and interspecific

competition, and causes and rates of

mortality. With respect to population

density, Braden and McKernan (2000)

documented substantial annual

variation on a trapping grid in San

Bernardino County, where densities

ranged from 2 to 26 animals per hectare

(2.47 acre). The reasons for these greatly

disparate values, which represent the

lowest and the second highest

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77181

population densities recorded during

the 15-month study, are unknown.

These fluctuations bring to light several

important aspects of the species’

distribution and life history which

should be considered when identifying

areas essential for the conservation of

the species—(1) A low population

density observed in an area at one point

in time does not mean the area is

occupied at the same low density any

other month, season, or year; (2) a low

population density is not an indicator of

low habitat quality or low overall value

of the land for the conservation of the

species; (3) an abundance of San

Bernardino kangaroo rats can decrease

rapidly; and (4) one or more factors (e.g.,

food availability, fecundity, disease,

predation, genetics, environment) are

strongly influencing the species’

population dynamics in one or more

areas. High-amplitude, high-frequency

fluctuations in small, isolated

populations make them extremely

susceptible to local extinction.

Previous Federal Action

The San Bernardino kangaroo rat was

designated by the Service as a category

2 candidate species for Federal listing as

endangered or threatened in 1991 (56

FR 58804). Category 2 comprised taxa

for which information in the possession

of the Service indicated that proposing

to list as endangered or threatened was

possibly appropriate, but for which data

on biological vulnerability and threat(s)

were not available to support a

proposed rule. Based on a review of

status and distribution of the San

Bernardino kangaroo rat, the subspecies

was upgraded to a category 1 candidate

for listing in 1994 (59 FR 58982).

Category 1 candidate species were those

species for which the Service had

sufficient information on biological

vulnerability and threat(s) to support

proposals to list them as endangered or

threatened species. Upon publication of

the February 28, 1996, Notice of Review

(61 FR 7596), the Service ceased using

category designations and included the

San Bernardino kangaroo rat as a

candidate species. The San Bernardino

kangaroo rat was retained as a candidate

species in the September 19, 1997,

Notice of Review (62 FR 49401).

The San Bernardino kangaroo rat was

emergency listed as endangered on

January 27, 1998; concurrently, a

proposal to make provisions of the

emergency listing permanent also was

published (63 FR 3835 and 63 FR 3877).

On September 24, 1998, we published a

final rule determining the San

Bernardino kangaroo rat to be an

endangered species (63 FR 51005).

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 designate

critical habitat at the time a species is

designated to be endangered or

threatened. According to regulations (50

CFR 424.12(a)(1)), designation of critical

habitat is not prudent when one or both

of the following situations exist: (1) The

species is threatened by taking or other

human activity, and identification of

critical habitat can be expected to

increase the degree of threat to the

species, or (2) such designation of

critical habitat would not be beneficial

to the species.

Critical habitat designation for the

San Bernardino kangaroo rat was

determined not to be prudent at the time

of listing because an increase in the

degree of threat could result (63 FR

51005). As detailed in the emergency

rule listing the San Bernardino kangaroo

rat (63 FR 3840), threats of intentional

habitat vandalism or destruction (such

as disking or blading) directed

specifically at habitat for the San

Bernardino kangaroo rat were

documented. As indicated in the final

listing rule (63 FR 51005), intentional

destruction of areas occupied by the San

Bernardino kangaroo rat and other listed

species occurred frequently within

range of the species. We determined that

designation of critical habitat, including

the publication of maps providing

precise locations, would bring

unnecessary attention to those areas of

the range that are occupied by this

species and would encourage acts of

vandalism or intentional destruction of

habitat. Moreover, the Service

determined that the designation of

critical habitat for the San Bernardino

kangaroo rat was not prudent due to the

lack of benefit to the species.

On March 4, 1999, the Southwest

Center for Biological Diversity and

Christians Caring for Creation filed a

lawsuit in Northern District of

California Federal Court against the

Service and Secretary of the Department

of the Interior for failure to designate

critical habitat for the San Bernardino

kangaroo rat and six other federally

listed species. A settlement agreement

was entered into on November 3, 1999,

in which we would publish a proposal

to withdraw the existing ‘‘not prudent’’

critical habitat determination and make

a new prudency determination. If

designation of critical habitat for the

San Bernardino kangaroo rat was

determined to be prudent, we would

publish a proposed rule critical habitat

designation by December 1, 2000.

In the last few years, a series of court

decisions have overturned Service

determinations regarding a variety of

species that designation of critical

habitat would not be prudent (e.g.,

Natural Resources Defense Council v.

U.S. Department of the Interior 113 F.

3d 1121 (9th Cir. 1997); Conservation

Council for Hawaii v. Babbitt, 2 F. Supp.

2d 1280 (D. Hawaii 1998)). Based on the

standards applied in those judicial

opinions, we believe that designation of

critical habitat would be prudent for the

San Bernardino kangaroo rat.

Due to the small number of

populations, the San Bernardino

kangaroo rat is vulnerable to vandalism,

or other disturbance. As we indicated in

the final rule (63 FR 51005), we are

concerned that these threats might be

exacerbated by the publication of

critical habitat maps and further

dissemination of locational information.

However, at this time, we do not have

site-specific evidence throughout its

range documenting the taking,

vandalism, collection, or trade of the

species. Consequently, consistent with

applicable regulations (50 CFR

424.12(a)(1)(i)) and recent case law, we

do not expect that the identification of

critical habitat will substantially

increase the degree of threat to this

species of taking or other human

activity.

In the absence of a finding that critical

habitat would increase threats to a

species, if there are any benefits to

critical habitat designation, then a

prudent finding is warranted. In the

case of this species, some benefits may

exist to the designation of critical

habitat. The primary regulatory effect of

critical habitat is the section 7

requirement that Federal agencies

refrain from taking any action that

destroys or adversely modifies critical

habitat. While a critical habitat

designation for occupied habitat by this

species likely would not change the

section 7 consultation outcome because

an action that destroys or adversely

modifies such critical habitat likely

would also result in jeopardy to the

species, section 7 consultation may be

triggered in a few instances where

critical habitat has been designated.

Examples could include currently

unoccupied habitat that may become

occupied in the future or areas that have

not been thoroughly surveyed.

Moreover, we acknowledged in the final

rule (63 FR 51005) that critical habitat

designation, in some situations, may

provide limited value to a species by

identifying areas important for the

conservation of the species and calling

attention to those areas in special need

of protection. Designating critical

77182 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

habitat may also convey some

educational or informational benefits to

the species. Therefore, we propose that

critical habitat is prudent for the San

Bernardino kangaroo rat.

Critical Habitat

Critical habitat is defined in section 3

of the Act as—(i) the specific areas

within the geographic area occupied by

a species, at the time it is listed in

accordance with the Act, on which are

found those physical or biological

features (I) essential to the conservation

of the species and (II) that may require

special management considerations or

protection; and (ii) specific areas

outside the geographic area occupied by

a species at the time it is listed, upon

a determination that such areas are

essential for the conservation of the

species. ‘‘Conservation’’ means the use

of all methods and procedures that are

necessary to bring an endangered or a

threatened species to the point at which

listing under the Act is no longer

necessary.

Critical habitat receives protection

under section 7 of the Act through the

prohibition against destruction or

adverse modification of critical habitat

with regard to actions carried out,

funded, or authorized by a Federal

agency. Section 7 also requires

conferences on Federal actions that are

likely to result in the destruction or

adverse modification of proposed

critical habitat. In regulations at 50 CFR

402.02, we define destruction or adverse

modification as ‘‘* * * the direct or

indirect alteration that appreciably

diminishes the value of critical habitat

for both the survival and recovery of a

listed species. Such alterations include,

but are not limited to, alterations

adversely modifying any of those

physical or biological features that were

the basis for determining the habitat to

be critical.’’ Aside from the added

protection that may be provided under

section 7, the Act does not provide other

forms of protection to lands designated

as critical habitat. Because consultation

under section 7 of the Act does not

apply to activities on private or other

non-Federal lands that do not involve a

Federal nexus, critical habitat

designation would not result in any

regulatory requirements for these

actions.

The designation of critical habitat

does not, in itself, lead to the recovery

of a listed species. The designation of

critical habitat does not create a

management plan, establish a preserve,

reserve, or wilderness area where no

actions are allowed, it does not establish

numerical population goals, prescribe

specific management actions (inside or

outside of critical habitat), or directly

affect areas not designated as critical

habitat.

In accordance with section 3(5)(C) of

the Act, not all areas that can be

occupied by a species will be designated

critical habitat. Not all areas containing

one or more of the primary constituent

elements are necessarily essential to the

conservation of a threatened or

endangered species. Areas that may

contain one or more of the primary

constituent elements to support the life

cycle requirements of the San

Bernardino kangaroo rat, but which are

not included in proposed critical

habitat, would be considered under

other parts of the Act and/or other

conservation laws and regulations.

In order to be included in a critical

habitat designation, the habitat must

first be ‘‘essential to the conservation of

the species.’’ Critical habitat

designations identify, to the extent

known, and using the best scientific and

commercial data available, habitat areas

that provide essential life cycle needs of

the species (i.e., areas on which are

found the primary constituent elements,

as defined at 50 CFR 424.12(b)).

Section 4 of the Act requires that we

designate critical habitat at the time of

listing and based on what we know at

the time of the designation. When we

designate critical habitat at the time of

listing or under court-ordered deadlines,

we often may not have sufficient

information to identify all areas of

critical habitat. We are required,

nevertheless, to make a decision and

thus must base our designations on

what, at the time of designation, we

know to be critical habitat.

Within the geographic area occupied

by the species, we are proposing for

designation only areas currently known

to be essential. Essential areas already

contain the features and habitat

characteristics that are necessary to

sustain the species. Within the

geographic area occupied by the species,

we are not proposing to designate areas

that do not now have the primary

constituent elements that provide

essential life-cycle requisites of the

species, as defined at 50 CFR 424.12(b).

Moreover, certain known populations of

the San Bernardino kangaroo rat have

not been proposed as critical habitat.

We did not propose critical habitat for

small scattered populations or habitats

which were in areas that were highly

fragmented by urban and agricultural

development and/or were no longer

subject to hydrological and

geomorphological processes that would

naturally maintain alluvial scrub

vegetation. The areas proposed as

critical habitat are an expansion of the

known locations of the San Bernardino

kangaroo rat identified in the final

listing rule and are within the known

geographical area for this species.

Our regulations state that, ‘‘The

Secretary shall designate as critical

habitat areas outside the geographic area

presently occupied by the species only

when a designation limited to its

present range would be inadequate to

ensure the conservation of the species.’’

(50 CFR 424.12(e)). Based on the best

available scientific and commercial

data, there is no foundation upon which

to make a determination that the

conservation needs of the species

require designation of critical habitat

outside of occupied areas, so we have

not proposed to designate critical

habitat in areas outside the geographic

area occupied by the species.

The Service’s Policy on Information

Standards Under the Endangered

Species Act, published in the Federal

Register on July 1, 1994 (59 FR 34271),

provides criteria, establishes

procedures, and provides guidance to

ensure that decisions made by the

Service represent the best scientific and

commercial data available. This policy

requires Service biologists, to the extent

consistent with the Act and with the use

of the best scientific and commercial

data available, to use primary and

original sources of information as the

basis for recommendations to designate

critical habitat. When determining

which areas are critical habitat, a

primary source of information should be

the listing package for the species.

Additional information may be obtained

from a recovery plan, articles in peerreviewed journals, conservation plans

developed by states and counties,

scientific status surveys and studies,

and biological assessments or other

unpublished materials (i.e., gray

literature).

Habitat is often dynamic, and species

may move from one area to another over

time. Furthermore, we recognize that

any designation of critical habitat may

not include all of the habitat areas that

may eventually be determined to be

necessary for the recovery of the

species. For these reasons, it is

important to understand that critical

habitat designations do not signal that

habitat outside the designation is

unimportant or may not be required for

recovery. Areas outside the critical

habitat designation will continue to be

subject to conservation actions that may

be implemented under section 7(a)(1)

and to the regulatory protections

afforded by the section 7(a)(2) jeopardy

standard and the section 9 take

prohibition, as determined on the basis

of the best available information at the

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77183

time of the action. We specifically

anticipate that federally funded or

assisted projects affecting listed species

outside their designated critical habitat

units may still result in jeopardy

findings in some cases. Similarly,

critical habitat designations made on the

basis of the best available information at

the time of designation will not control

the direction and substance of future

recovery plans, habitat conservation

plans, or other species conservation

planning efforts if new information

available to these planning efforts calls

for a different outcome.

Methods

In determining areas that are essential

to conserve the San Bernardino

kangaroo rat, we used the best scientific

and commercial data available. These

data included research and survey

observations published in peer reviewed

articles; regional Geographic

Information System (GIS) coverages; San

Bernardino County Multiple Species

Habitat Conservation Program (MSHCP)

database; the University of California,

Riverside, species database; and data

from reports submitted by biologists

holding section 10(a)(1)(A) recovery

permits.

Habitat loss and fragmentation

resulted in blocks of habitat occupied by

the San Bernardino kangaroo rat that

functioned independently. Lands that

support the remaining, including

remnant, populations are essential to

the conservation of the species. The

protection of land supporting the three

largest remaining populations of the San

Bernardino kangaroo rat is not, by itself,

sufficient to ensure the survival and

recovery of the species because the

status of these populations continues to

be reduced by habitat loss, degradation,

and fragmentation due to sand and

gravel mining operations, flood control

projects, water conservation activities,

urban development, and vandalism.

Furthermore, the majority of animals in

these populations is constrained to the

flood plains where they are susceptible

to extirpation during large-scale flood

events.

Primary Constituent Elements

In accordance with section 3(5)(A)(i)

of the Act and regulations at 50 CFR

424.12 in determining which areas to

propose as critical habitat, we are

required to base critical habitat

determinations on the best scientific

and commercial data available and to

consider those physical and biological

features that are essential to the

conservation of the species and that may

require special management

considerations and protection. These

physical and biological features, as

outlined in 50 CFR 424.12, include but

are not limited to the following:

—Space for individual and population

growth, and for normal behavior;

—Food, water, or other nutritional or

physiological requirements;

—Cover or shelter;

—Sites for breeding, reproduction, or

rearing of offspring;

—Habitats that are protected from

disturbance or are representative of

the historical geographical and

ecological distributions of a species.

The primary constituent elements for

the San Bernardino kangaroo rat are

those habitat components that are

essential for the primary biological

needs of foraging, reproducing, rearing

of young, intra-specific communication,

dispersal, genetic exchange, or

sheltering. The primary constituent

elements are found in areas influenced

by historic and/or current

geomorphological and hydrological

processes and areas of wind-blown sand

that support alluvial sage scrub

vegetation or a mosaic of alluvial sage

scrub and associated vegetation types

(e.g., coastal sage scrub, chaparral)

within San Bernardino and Riverside

counties. Primary constituent elements

associated with the biological needs of

dispersal are also found in areas that

provide connectivity or linkage between

or within larger core areas, including

open space and disturbed areas

containing introduced plant species.

Primary constituent elements include:

(1) Dynamic geomorphological and

hydrological processes typical of fluvial

systems within the historical range of

the animal, i.e., areas that are within

active and historical flood regimes

including river, creek, stream, and wash

channels; alluvial fans; flood plains;

flood-control berms and lands adjacent

to them; flood plain benches and

terraces; and historic braided channels;

(2) Historical and current alluvial

processes within the historical range of

the animal;

(3) Alluvial sage scrub and associated

vegetation, such as coastal sage scrub

and chamise chaparral. Common plant

species include: Scalebroom

(Lepidospartum squamatum), California

buckwheat (Eriogonum fasciculatum),

yerba santa (Eriodictyon spp., our Lord’s

candle (Yucca whipplei), sugar bush

(Rhus ovata), lemonadeberry (Rhus

integrifolia), laurel sumac (Malosma

laurina), California juniper (Juniperus

californicus), mulefat (Baccharis

salicifolia), showy penstemon

(Penstemon spectabilis), golden aster

(Heterotheca villosa), tall buckwheat

(Eriogonum elongatum), prickly pear

and cholla (Opuntia spp.), chamise

(Adenostoma fasciculatum), popcorn

flower (Plagiobothrys spp.), and native

and nonnative grasses.

(4) Sand, loam, or sandy loam soils

within the historical range of the

animal;

(5) Upland areas that may provide

refugia from environmental or

demographic stochastic and

catastrophic events; and,

(6) Moderate to low degree of human

disturbance to habitat within the

species’ historical range, i.e., lands

within or immediately adjacent to flood

plain terraces that have suitable habitat

for the species and areas within 50 m

(150 ft) of currently suitable San

Bernardino kangaroo rat habitat, such as

agricultural lands that are not disked

annually, out-of-production vineyards,

margins of orchards, areas of active or

inactive industrial or resource

extraction activities, and urban/

wildland interfaces.

Criteria Used To Identify Critical

Habitat

In identifying areas essential to the

conservation of the species, we used

data regarding the habitat elements

essential to the species, including

vegetation types, hydrology, elevation,

topography, and soil type and texture.

We identified suitable and necessary

habitat components within the species’

current and historic range, and

examined the degree of existing

urbanization and other forms of

anthropogenic habitat disturbance,

excluding those areas in which

development has permanently

precluded occupation by the species.

To identify critical habitat units, we

first evaluated those lands containing

essential habitat to determine if these

lands were covered by any HCPs or

other special management plans that

provided protection and management

for the San Bernardino kangaroo rat. We

determined that none of these lands are

covered by an approved HCP or other

special management plan covering the

San Bernardino kangaroo rat. We then

evaluated those areas where ongoing

habitat conservation planning efforts

have resulted in the preparation of

biological analyses that identify habitat

important for the conservation of the

San Bernardino kangaroo rat. These

include the proposed Western Riverside

County MSHCP and the proposed San

Bernardino Valley-Wide MSHCP. We

used those biological analyses in

concert with data regarding (1) known

San Bernardino kangaroo rat

occurrences, (2) alluvial fan sage scrub

and associated vegetation, (3)

geomorphology, and (4) connectivity

77184 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

corridors between San Bernardino

kangaroo rat populations to identify

those lands that are essential for the

conservation of the species within the

respective planning area boundaries.

Finally, we evaluated other lands for

their conservation value for the San

Bernardino kangaroo rat. Using similar

methodology and data, we delimited a

study area by selecting geographic

boundaries based on the four factors

described above. We determined

conservation value based on the

presence of, or proximity to, extant San

Bernardino kangaroo rat populations

and/or alluvial fan sage scrub and

associated vegetation, surrounding landuses, and the potential to allow

dispersal of the species between

occupied areas.

Proposed critical habitat for the San

Bernardino kangaroo rat was delineated

based on interpretation of the multiple

sources available during the preparation

of this proposed rule, including aerial

photography at a scale of 1:24,000

(comparable to the scale of a 7.5 minute

U.S. Geological Survey Quadrangle

topographic map), current (2000) aerial

photography prints, and projects

authorized for take through section 7

consultations. These lands were divided

into specific map units, i.e., critical

habitat units. For the purpose of this

proposal, these units have been

described using primarily UTM North

American Datum of 1927 (NAD 27)

derived from a 1–ha (2.47-ac) grid that

approximated the boundaries delineated

from the digital aerial photography.

In defining critical habitat boundaries,

we made an effort to avoid

development, such as urbanized areas

(e.g., cities) and similar lands that are

not critical habitat. However, the

minimum mapping unit that we used to

approximate our delineation of critical

habitat for the San Bernardino kangaroo

rat did not allow us to exclude all

developed areas not likely to contain the

primary constituent elements essential

for conservation of the San Bernardino

kangaroo rat. Existing features and

structures within the boundaries of the

mapped units, such as buildings, roads,

railroads, airports, other paved areas,

lawns, and other urban landscaped

areas will not contain one or more of the

primary constituent elements.

Therefore, Federal actions limited to

those areas would not trigger a section

7 consultation unless they affect the

species and/or primary constituent

elements in adjacent critical habitat. In

summary, the critical habitat areas

described below constitute our best

assessment of areas needed for the longterm survival and conservation of the

species.

We considered several qualitative

criteria in the selection and proposal of

specific areas, or units, for San

Bernardino kangaroo rat critical habitat,

including:

(1) Occupation by the San Bernardino

kangaroo rat. We identified six areas

that support populations of the San

Bernardino kangaroo rat that we

consider essential to the conservation of

this species. Not all known populations

of the San Bernardino kangaroo rat or

suitable habitats have been proposed as

critical habitat. The probability that all

or most of the remaining occurrences of

an endangered species will be lost to

environmental or demographic

stochasticity increases as the number of

populations within the range of the

species decreases. Only six relatively

small and isolated populations remain;

three (i.e., Etiwanda, Reche Canyon, and

Jurupa Hills) of which are so limited in

abundance and distribution that

extirpation is reasonably certain without

immediate protection and conservation.

Small, isolated populations have a high

probability of extinction because they

are susceptible to stochastic (i.e.,

random, naturally occurring) events

such as inbreeding, the loss of genetic

variation, high variability in age and sex

ratios, and catastrophes such as floods,

droughts, or disease epidemics (Lande

1988, Saccheri et al. 1998), and isolation

precludes immigration and/or recolonization. These populations

continue to be reduced by habitat loss,

degradation, and fragmentation owing to

sand and gravel mining operations,

flood control projects, water

conservation activities, urban

development, and vandalism.

Furthermore, the majority of animals in

these populations occur in the flood

plains that are highly susceptible to

extirpation during large-scale flood

events. As a result, areas proposed as

critical habitat for the San Bernardino

kangaroo rat must be protected and

managed to increase the probability that

environmental or demographic

stochasticity will not result in the

extinction of the species.

(2) The state of natural processes that

rejuvenate and maintain suitable

habitat. Normal periodic flooding scours

the terrain, removes vegetation, and

deposits debris and soil (e.g., sand) to

regenerate favorable conditions. Because

the species appears to be adapted to

more open habitat types (e.g., higher

population densities in open- versus

closed-canopy shrub communities), the

more open state promoted by periodic

flooding is essential for the conservation

of this animal.

(3) The presence of lands that

function as upland refugia. The majority

of the remaining populations of San

Bernardino kangaroo rats are

constrained to flood plains, where they

are susceptible to extirpation during

large-scale flood events. Occupied

upland refugia areas may act as

population sources for natural recolonization, thereby decreasing the

probability of extinction of the species.

(4) The proximity of the area to large

tracts of undeveloped land that are

important for population expansion,

upland refugia, connectivity, providing

buffers from development, perpetuation

of ecosystem processes, and

maintenance of a dynamic mosaic of

vegetation. In addition, large tracts of

land that allow for the existence of

naturally functioning ecosystems with

an array of native predators decrease the

probability of predation by urbanassociated animals such as domestic

cats, which are known predators of the

San Bernardino kangaroo rat.

Proposed Critical Habitat Designation

The approximate area encompassing

proposed critical habitat by county and

land ownership is shown in Table 1.

Proposed critical habitat encompasses

habitat throughout the species’

remaining range in Riverside and San

Bernardino counties, California. Lands

proposed are under Tribal, private,

State, and Federal ownership, with

Federal lands including lands managed

by the U.S. Forest Service, Bureau of

Land Management, and Department of

Defense. Six critical habitat units have

been delineated. At the time of listing,

we identified the Santa Ana River, Lytle

and Cajon washes, and San Jacinto River

as containing the largest extant

concentrations of San Bernardino

kangaroo rats and blocks of suitable

habitat. These three areas continue to

support important concentrations San

Bernardino kangaroo rat and are the

major strongholds of this species within

its geographical range. A brief

description of each unit, and reasons for

proposing it as critical habitat, are

presented below.

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77185

TABLE 1.—APPROXIMATE PROPOSED CRITICAL HABITAT AREA (HA (AC)) BY COUNTY AND LAND OWNERSHIP—ESTIMATES

REFLECT THE TOTAL AREA WITHIN CRITICAL HABITAT UNIT BOUNDARIES

County Federal * Local/state Private Tribal Total

San Bernardino ............. 1,501 ha ...................... 0 ha ............................. 16,690 ha .................... 0 ha ............................. 18,191 ha.

(3,710 ac) ................... (0 ac) .......................... (41,241 ac) ................. (0 ac) .......................... (44,951 ac).

Riverside ....................... 223 ha ......................... 0.8 ha .......................... 3,543 ha ...................... 465 ha ......................... 4,232 ha.

(550 ac) ...................... (2 ac) .......................... (8,756 ac) ................... (1,149 ac) ................... (10,457 ac).

Total ....................... 1,724 ha ...................... 0.8 ha .......................... 20,233 ha .................... 465 ha ......................... 22,423 ha.

(4,260 ac) ................... (2 ac) .......................... (49,997 ac) ................. (1,149 ac) ................... (55,408 ac).

* Federal lands include Bureau of Land Management, Department of Defense, and National Forest.

Critical Habitat Unit 1: Santa Ana River

The area proposed for critical habitat

within the Santa Ana River watershed is

4,886 ha (12,074 ac). At the time of the

final rule, we identified approximately

2,813 ha (6,949 ac) of suitable and

occupied San Bernardino kangaroo rat

habitat within the Santa Ana River flood

plain. Braden and McKernan (2000)

provided new information about the

range and habitat affinities, including

alluvial soils and vegetative cover, of

the San Bernardino kangaroo rat, which

indicate that the habitat used within the

flood plain is larger than previously

thought. Therefore, we have identified

new areas of occupation and lands that

are essential for maintaining habitat

connectivity that were not described in

the final rule. Unit 1 includes a section

of Mill Creek (not discussed in the final

rule) because of its contribution to the

fluvial dynamics of the Santa Ana River

flood plain, which is particularly

important since the construction of the

Seven Oaks Dam. In the final rule, only

8 ha (20 ac) along City Creek were

identified as occupied. In the proposed

critical habitat, Unit 1 encompasses

occupied habitat along City Creek.

Unit 1, located in San Bernardino

County, includes the Santa Ana River

and portions of City, Plunge, Mill, and

San Timoteo creeks. Bounded by Seven

Oaks Dam to the northeast, the area

includes San Bernardino National

Forest lands and portions of the cities of

San Bernardino, Redlands, Highland,

and Colton. Although Seven Oaks Dam

impedes sediment transport and reduces

the magnitude, frequency, and extent of

flood events, the system still retains

partial fluvial dynamics because

contributions from Mill Creek are not

impeded by a dam or debris basin.

A large tract of undeveloped land in

San Bernardino National Forest is

partially within and adjacent to the

northern and eastern portions of this

critical habitat unit. In addition, Unit 1

contains upland refugia and tributaries

(i.e., City, Plunge, and San Timoteo

creeks) that are occupied by the species,

active hydrological channels, flood

plain terraces, and areas of habitat

immediately adjacent to flood plain

terraces.

Unit 1 contains the Woolly-Star

Preservation Area (WSPA), a section of

the flood plain downstream of Seven

Oaks Dam that was preserved by the

flood control districts of Orange,

Riverside, and San Bernardino counties.

The WSPA was established in 1988 by

the U.S. Army Corps of Engineers

(Corps) in an attempt to minimize the

effects of Seven Oaks Dam on the

federally endangered Santa Ana River

woolly-star (Eriastrum densifolium ssp.

sanctorum) along the Santa Ana River.

Approximately 309 hectares (764 acres)

of alluvial fan scrub in the wash near

the low-flow channel of the river were

designated for preservation as

mitigation because these sections of the

wash were thought to have the highest

potential to maintain the hydrology

necessary for the periodic regeneration

of early phases of alluvial fan sage

scrub. Approximately 80 ha (200 ac) of

the WSPA appear to be habitat for the

San Bernardino kangaroo rat (Service

unpub. GIS maps, 1997).

We are now coordinating with the

Bureau of Land Management, Corps,

San Bernardino Valley Conservation

District, Sun West Materials,

Robertson’s Ready Mix, and other local

interests in an attempt to establish the

Santa Ana River Wash Conservation

Area. The objective of these discussions

is to consolidate a large block of alluvial

fan scrub occupied by three federally

endangered species, the San Bernardino

kangaroo rat, Santa Ana River woollystar, and slender-horned spineflower

(Dodecahema leptoceras); and one

federally threatened species, the coastal

California gnatcatcher (Polioptila

californica californica). The area is

envisioned to include an Area of Critical

Environmental Concern or ACEC (see

below) and the Corps’ mitigation lands

for the Santa Ana River woolly-star (i.e.,

WSPA). This cooperative agreement

would reconfigure and consolidate sand

and gravel mining operations in this

unit to reduce adverse effects to these

listed species and remaining alluvial fan

scrub communities.

In 1994, the Bureau of Land

Management designated three parcels in

the Santa Ana River, a total of 304 ha

(760 ac), as an ACEC. The primary goal

in designation was to protect and

enhance the habitat of federally listed

plant species occurring in the area while

providing for the administration of

existing valid rights. Although the

establishment of this ACEC was

important in regard to conservation of

sensitive species and communities in

this area, the administration of valid

existing rights conflicts with the Bureau

of Land Management’s conservation

abilities. Existing rights include a

withdrawal of Federal lands for water

conservation through an act of Congress

on February 20, 1909 (Public, No. 248).

The entire ACEC is included in this

withdrawn land and may be used for

water conservation measures such as the

construction of percolation basins.

These lands are not managed

specifically for the San Bernardino

kangaroo rat.

Critical Habitat Unit 2: Lytle and Cajon

Creeks

Unit 2, which encompasses

approximately 3,845 ha (20,621 ac) in

San Bernardino County and includes

the northern extent of this species’

remaining distribution, contains habitat

along and between Lytle and Cajon

Creeks from the point that the creeks

emanate from canyons within San

Bernardino National Forest to flood

control channels downstream. Unit 2

includes alluvial fans, flood plain

terraces, and historic braided river

channels. Alluvial sage scrub and other

vegetation types that provide habitat for

San Bernardino kangaroo rat occur on

terraces and adjacent areas with sandy

soils. Unit 2 includes Glen Helen

Regional Park and portions of Muscoy.

McKernan (in litt. 1999) provided new

information about the historic

distribution, range, habitat affinities,

and evidence of historic and current

occupation by the San Bernardino

77186 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

kangaroo rat in the western portion of

this unit. At the time of listing, the

Lytle-Cajon area was thought to contain

approximately 3,280 ha (8,107 ac) of

occupied habitat. Since the time of

listing, a large historical fluvial breakout

zone extending southwest from Lytle

Creek and including the Etiwanda Fan

(see Unit 4) has been recognized and

data have been collected indicating that

the species occupies a wider range of

alluvial soils and vegetative cover than

previously known (McKernan in litt.

1999). These areas are essential because

of the presence of major populations of

the species and habitat connectivity.

The hydro-geomorphological

processes that apparently rejuvenate

and maintain the dynamic mosaic of

alluvial fan sage scrub are still largely

intact in Lytle and Cajon Creeks (i.e.,

stream flows are not impeded by dams

or debris basins), and the remaining

habitat allows dispersal between these

two drainages, which is important for

genetic exchange. Unit 2 is adjacent to

large tracts of undeveloped land and

contains upland areas occupied by the

species.

The CalMat conservation bank was

established in 1996 and 1997 to help

conserve populations of 24 species

associated with alluvial fan scrub,

including the Santa Ana River woollystar, San Bernardino kangaroo rat, and

coastal California gnatcatcher in the

Cajon Creek area. This conservation

bank comprises approximately 244 ha

(610 ac). We are working to ensure that

lands within this conservation bank are

purchased by the year 2006, when

interim protection under a 10-year

conservation easement ends. Such a

purchase would contribute to the

protection of more than 560 ha (1400 ac)

in this area when combined with the

CalMat preservation area and mitigation

lands for the development of the County

of San Bernardino Sheriff’s training

facility. These lands could form the

nucleus for a larger reserve to protect

the San Bernardino kangaroo rat and

other listed species in this area.

Critical Habitat Unit 3: San Jacinto

River-Bautista Creek

Unit 3 encompasses approximately

4,089 ha (10,104 ac) in Riverside County

and includes portions of San Bernardino

National Forest, Soboba Reservation,

Bautista Creek, and areas along the San

Jacinto River in the vicinity of San

Jacinto, Hemet, and Valle Vista. This

unit, which represents the southern

extent of the known distribution of the

species, is adjacent to San Bernardino

National Forest and contains occupied

upland refugia.

The species is primarily restricted to

a channelized flood plain, but occupies

areas outside flood control berms and

westward along the river into the San

Jacinto Valley and foothills of the

Badlands. All lands within Riverside

County proposed for designation as San

Bernardino kangaroo rat critical habitat

are within the planning area of the

Western Riverside MSHCP.

At the time of listing, we identified

approximately 547 ha (1,352 ac) of

suitable and occupied San Bernardino

kangaroo rat habitat within the Santa

Jacinto River flood plain. Additional

areas along the San Jacinto River have

been identified as essential for the

conservation of the San Bernardino

kangaroo rat based on additional

information on occupied areas, better

understanding of the habitat needs and

vegetation types, need for habitat

connectivity, and maintenance of

hydrological conditions. New

information indicates that the habitat

occupied within the flood plain by the

San Bernardino kangaroo rat is larger

than previously thought (McKernan, in

litt. 1999, Braden and McKernan 2000),

and includes areas of higher vegetation

density. We have also received

additional information on the

distribution of the subspecies within the

watershed (e.g., Bautista Creek), and are

including areas essential for

maintaining habitat connectivity along

the flood plain. This additional

information further supports the

identification of this area as a major

concentration of San Bernardino

kangaroo rat in the final listing rule and

the importance of this area for the longterm conservation for this species.

Critical Habitat Unit 4: Etiwanda

Alluvial Fan and Wash

Unit 4, which encompasses

approximately 3,845 ha (9,502 ac), is

located in western San Bernardino

County and represents the approximate

westernmost extent of the known range

of the San Bernardino kangaroo rat.

Within the northern boundary of the

unit are portions of San Bernardino

National Forest. Unit 4 includes lands

within and between the active

hydrological channels of Deer, Day,

Etiwanda, and San Sevaine creeks. A

large alluvial fan, flood plains, and

terraces occur throughout the unit. Soils

are primarily sandy or sandy loam and

support alluvial fan sage scrub. Unit 4

includes portions of the cities of Rancho

Cucamonga, Fontana, Rialto, and

Ontario; and the 314-ha (760-ac) North

Etiwanda Preserve.

McKernan (in litt. 1999) provided new

information about the historic

distribution, range, habitat affinities,

and evidence of historic and current

occupation by the San Bernardino

kangaroo rat along the western half of

the Lytle Creek Fan, including the

Etiwanda Fan and Wash. The Etiwanda

area was thought to contain

approximately 2 ha (5 ac) of occupied

habitat for the species at the time of

listing. Since then, a large historical

fluvial breakout zone in southwestern

San Bernardino County, extending

southwest from Lytle Creek and

including the Etiwanda Fan, has been

recognized, research has verified

occupation, museum specimens that

were collected in the area have been

conclusively identified as the San

Bernardino kangaroo rat, and data have

been collected indicating that the

species occupies a wider range of

alluvial soils and vegetative cover

(McKernan in litt. 1999).

Proposed lands contain a remnant

population of the species and upland

refugia from catastrophic flooding.

Neither dams nor debris basins exist at

the mouths of East Etiwanda and San

Sevaine creeks, enabling natural fluvial

processes to maintain favorable habitat

conditions on the upper alluvial fan and

in other portions of the critical habitat

unit. McKernan (in litt. 1999) states that

areas within historic flood regimes

(such as western Lytle Creek fan

including the Etiwanda wash) should be

given equal priority as the major

population areas of the Santa Ana River

and Cajon Wash. Additional areas along

the Etiwanda Alluvial Fan and Wash

have been identified as essential for the

conservation of the San Bernardino

kangaroo rat based on additional

information on occupied areas, better

understanding of the habitat needs and

vegetation types, need for habitat

connectivity, and maintenance of

hydrological conditions.

Critical Habitat Unit 5: Reche Canyon

Unit 5 encompasses approximately

129 ha (319 ac) in and around Reche

Canyon in San Bernardino County and

is directly south of and nearly adjacent

to Unit 1. Reche Canyon, the type

locality for the San Bernardino kangaroo

rat (the geographic location from which

a type specimen was collected), still

contains occupied habitat for the

species, including active waterways,

flood plain terraces, and sage scrub. In

the final rule, we estimated that 2 ha (5

ac) of habitat were occupied by the San

Bernardino kangaroo rat in this area.

The proposed critical habitat includes

an additional 127 ha (314 ac) of habitat,

encompassing known occupied areas

and additional areas within Reche

Canyon based on a better understanding

of the habitat needs and vegetation

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77187

types and maintenance of hydrological

conditions needed to sustain alluvial

scrub vegetation.

Unit 5 supports a remnant population

of the San Bernardino kangaroo rat, and

contains lands that function as refugia

for the species. Potential exists for

species expansion into the Badlands,

which could reconnect this population

with that of Unit 3 (San Jacinto).

Critical Habitat Unit 6: Jurupa HillsSouth Bloomington

Unit 6 encompasses approximately

1,128 ha (2788 ac), and includes the

Jurupa Hills and area eastward to and

including the south portion of the city

of Bloomington. The majority of Unit 6

is located in San Bernardino County

(985 ha (2,435 ac)), with a small portion

(143 ha (353 ac)) occurring in northern

Riverside County.

In the final rule, we estimated that

less than 1 ha (2 ac) of habitat in this

area was occupied by the San

Bernardino kangaroo. Unit 6 includes an

additional 1,127 ha (2,786 ac) of habitat

and encompasses areas essential for

connectivity, which are necessary for

dispersal.

Unit 6 is unique among the critical

habitat units for this species, containing

the last known example of remaining

occupied habitat where sandy soils

appear to be at least partially deposited

by winds. In addition, the unit is

completely outside of a flood plain,

making it the only critical habitat unit

for this species not at risk of

catastrophic flooding.

Effects of Critical Habitat Designation

Section 7 Consultation

Section 7(a) of the Act requires

Federal agencies, including the Service,

to ensure that actions they fund,

authorize, or carry out do not destroy or

adversely modify critical habitat to the

extent that the action appreciably

diminishes the value of the critical

habitat for the survival and recovery of

the species. Individuals, organizations,

States, local governments, and other

non-Federal entities are affected by the

designation of critical habitat only if

their actions occur on Federal lands,

require a Federal permit, license, or

other authorization, or involve Federal

funding.

Section 7(a) of the Act requires

Federal agencies, including the Service,

to evaluate their actions with respect to

any species that is proposed or listed as

endangered or threatened and with

respect to its critical habitat, if any is

designated or proposed. Regulations

implementing this interagency

cooperation provision of the Act are

codified at 50 CFR part 402. Section

7(a)(4) requires Federal agencies to

confer with us on any action that is

likely to jeopardize the continued

existence of a proposed species or result

in destruction or adverse modification

of proposed critical habitat. If a species

is listed or critical habitat is designated,

section 7(a)(2) requires Federal agencies

to ensure that activities they authorize,

fund, or carry out are not likely to

jeopardize the continued existence of

such a species or to destroy or adversely

modify its critical habitat. If a Federal

action may affect a listed species or its

critical habitat, the responsible Federal

agency must enter into consultation

with us. Through this consultation, we

would ensure that the permitted actions

do not adversely modify critical habitat.

When we issue a biological opinion

concluding that a project is likely to

result in the destruction or adverse

modification of critical habitat, we also

provide reasonable and prudent

alternatives to the project, if any are

identifiable. Reasonable and prudent

alternatives are defined at 50 CFR

402.02 as alternative actions identified

during consultation that can be

implemented in a manner consistent

with the intended purpose of the action,

that are consistent with the scope of the

Federal agency’s legal authority and

jurisdiction, that are economically and

technologically feasible, and that the

Director believes would avoid resulting

in the destruction or adverse

modification of critical habitat.

Reasonable and prudent alternatives can

vary from slight project modifications to

extensive redesign or relocation of the

project. Costs associated with

implementing a reasonable and prudent

alternative are similarly variable.

Regulations at 50 CFR 402.16 require

Federal agencies to reinitiate

consultation on previously reviewed

actions in instances where critical

habitat is subsequently designated, and

the Federal agency has retained

discretionary involvement or control

over the action or such discretionary

involvement or control is authorized by

law. Consequently, some Federal

agencies may request reinitiation of

consultation or conferencing with us on

actions for which formal consultation

has been completed, if those actions

may affect designated critical habitat or

adversely modify or destroy proposed

critical habitat. Conference reports

provide conservation recommendations

to assist the agency in eliminating

conflicts that may be caused by the

proposed action. The conservation

recommendations in a conference report

are advisory.

We may issue a formal conference

report if requested by a Federal agency.

Formal conference reports on proposed

critical habitat contain a biological

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 significant new

information or changes in the action

alter the content of the opinion (see 50

CFR 402.10(d)).

Activities on Federal lands that may

affect the San Bernardino kangaroo rat

or its critical habitat will require section

7 consultation. Activities on private or

State lands requiring a permit from a

Federal agency, such as a permit from

the U.S. Army Corps of Engineers

(Corps) under section 404 of the Clean

Water Act, or some other Federal action,

including funding (e.g., Federal

Highway Administration, Federal

Aviation Administration, or Federal

Emergency Management Agency) will

also continue to be subject to the section

7 consultation process. Federal actions

not affecting listed species or critical

habitat and actions on non-Federal

lands that are not federally funded or

permitted do not require section 7

consultation.

Section 4(b)(8) of the Act requires us

to briefly evaluate and describe in any

proposed or final regulation that

designates critical habitat those

activities involving a Federal action that

may adversely modify such habitat, or

that may be affected by such

designation. Activities that may destroy

or adversely modify critical habitat

include those that alter the primary

constituent elements to an extent that

the value of critical habitat for both the

survival and recovery of the San

Bernardino kangaroo rat is appreciably

reduced. We note that such activities

may also jeopardize the continued

existence of the species. Activities that,

when carried out, funded, or authorized

by a Federal agency, may destroy or

adversely modify critical habitat

include, but are not limited to:

(1) Any activity that results in

changes in the hydrology of the unit,

including activities associated with

flood control structures and operations;

construction of levees, berms, and

concrete channels; flooding; sediment,

sand, or gravel removal, transfer, or

deposition; grading; excavation; and

construction or modification of bridges;

(2) Any activity that results in

development or alteration of the

landscape within or immediately

adjacent to fluvial systems, including

water diversion, reclamation, and

recharge activities; agricultural

77188 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

activities; urban and industrial

development; water conservation

activities; off-road activity; and

mechanized land clearing or disking;

(3) Any activity that results in

changes to the water quality or quantity

to an extent that habitat becomes

unsuitable to support the San

Bernardino kangaroo rat;

(4) Any activity that could lead to the

introduction, expansion, or increased

density of exotic plant or animal

species, urban-associated domestic

animals (e.g., cats), or livestock into San

Bernardino kangaroo rat habitat;

(5) Any activity that results in

appreciable detrimental changes to the

density or diversity of plant or animal

populations in San Bernardino kangaroo

rat habitat, such as grubbing, grading,

overgrazing, mining, disking, off-road

vehicle use, or the application of

herbicides, rodenticides, or other

pesticides; and,

(6) Any activity that could result in an

appreciably decreased habitat value or

quality through indirect effects, such as

noise, edge effects, night-time lighting,

or fragmentation.

To properly portray the effects of

critical habitat designation, we must

first compare the section 7 requirements

for actions that may affect critical

habitat with the requirements for

actions that may affect a listed species.

Section 7 prohibits actions funded,

authorized, or carried out by Federal

agencies from jeopardizing the

continued existence of a listed species

or destroying or adversely modifying the

listed species’ critical habitat. Actions

likely to ‘‘jeopardize the continued

existence’’ of a species are those that

would appreciably reduce the

likelihood of the species’ survival and

recovery. Actions likely to ‘‘destroy or

adversely modify’’ critical habitat are

those that would appreciably reduce the

value of critical habitat for the survival

and recovery of the listed species.

Common to both definitions is an

appreciable detrimental effect on both

survival and recovery of a listed species.

Given the similarity of these definitions,

actions likely to destroy or adversely

modify critical habitat would almost

always result in jeopardy to the species

concerned, particularly when the area of

the proposed action is occupied by the

species concerned. In those cases,

critical habitat provides little additional

protection to a species, and the

ramifications of its designation are few

or none. Designation of critical habitat

in areas occupied by the San Bernardino

kangaroo rat is not likely to result in a

regulatory burden above that already in

place due to the presence of the listed

species. In addition, the Corps requires

review of most or all projects requiring

permits in all fluvial systems, whether

San Bernardino kangaroo rats are known

to be present. If occupied habitat

becomes unoccupied in the future,

critical habitat may provide a limited

benefit in such cases.

Designation of critical habitat could

affect Federal agency activities. Federal

agencies already consult with the

Service on activities in areas known to

be occupied by the species to ensure

that their actions do not jeopardize the

continued existence of the species.

These actions include, but are not

limited to:

(1) Regulation of activities affecting

waters of the United States by the Corps

under section 404 of the Clean Water

Act;

(2) Road construction and

maintenance, right-of-way designation,

and regulation of agricultural activities;

(3) Regulation of airport construction

and/or improvement activities by the

Federal Aviation Administration;

(4) Military activities on applicable

DOD lands;

(5) Licensing of construction of

communication sites by the Federal

Communications Commission;

(6) Funding of activities by the U.S.

Environmental Protection Agency,

Department of Energy, or any other

Federal agency.

If you have questions regarding

whether specific activities will likely

constitute destruction or adverse

modification of critical habitat, contact

the Field Supervisor, Carlsbad Fish and

Wildlife Office (see ADDRESSES section).

Requests for copies of the regulations on

listed wildlife, and inquiries about

prohibitions and permits may be

addressed to the Division of Endangered

Species, U. S. Fish and Wildlife Service,

911 NE 11th Avenue, Portland, Oregon

97232–4181 (telephone 503–231–6158;

facsimile 503–231–6243).

Relationship to Habitat Conservation

Plans and Other Planning Efforts

Section 10(a)(1)(B) of the ESA

authorizes the Service to issue to nonFederal entities a permit for the

incidental take of endangered and

threatened species. This permit allows a

non-Federal landowner to proceed with

an activity that is legal in all other

respects, but that results in the

incidental taking of a listed species. The

ESA defines incidental take as take that

is ‘‘incidental to, and the purpose of, the

carrying out of an otherwise lawful

activity.’’ A habitat conservation plan,

or HCP, must accompany an application

for an incidental take permit. The

purpose of the HCP is to describe and

ensure that the effects of the permitted

action on covered species are

adequately minimized and mitigated

and that the action does not appreciably

reduce the survival and recovery of the

species.

The State of California instituted a

conservation planning program parallel

to the Federal HCP program. Under the

Natural Community Conservation

Planning Act of 1991, a NCCP is a plan

for the conservation of natural

communities that takes an ecosystem

approach and encourages cooperation

between private and government

interests. The Service and the California

Department of Fish and Game work

with applicants to develop plans that

serve both as an HCP under the Federal

Endangered Species Act as well as an

NCCP under the State’s NCCP Act.

Much like a regional HCP, an NCCP

identifies and provides for the regional

or area-wide protection and

perpetuation of plants, animals, and

their habitats, while allowing

compatible land use and economic

activity. The initial focus of this

program is coastal sage scrub. Within

this program, the California Department

of Fish and Game included the longterm conservation of alluvial scrub,

which is in part occupied by the San

Bernardino kangaroo rat. However,

participation in NCCP is voluntary. San

Bernardino and Riverside counties have

signed planning agreements

(memoranda of understanding (MOUs))

to develop multi-species plans that meet

NCCP criteria, but have not enrolled in

the NCCP program in the interim.

We are coordinating with the Bureau

of Land Management, Corps, San

Bernardino Valley Conservation District,

Sun West Materials, Robertson’s Ready

Mix, and other local interests in an

attempt to establish the Santa Ana River

Wash Conservation Area. The objective

of these discussions is to consolidate a

large block of alluvial fan scrub

communities occupied by four federally

listed species, but as yet, we have not

completed this process.

Since there are no approved HCPs/

NCCPs with coverage for the San

Bernardino kangaroo rat or other

conservation plans that are currently

completed, we did not propose to

exclude any lands from this critical

habitat designation on this basis.

In the event that future HCPs covering

the San Bernardino kangaroo rat are

developed within the boundaries of

designated critical habitat, we will work

with applicants to ensure that the HCPs

provide for protection and management

of habitat areas essential for the

conservation of the San Bernardino

kangaroo rat by either directing

development and habitat modification

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77189

to nonessential areas or appropriately

modifying activities within essential

habitat areas so that such activities will

not adversely modify the primary

constituent elements. The HCP

development process provides an

opportunity for more intensive data

collection and analysis regarding the

use of particular habitat areas by the San

Bernardino kangaroo rat. The process

also enables us to conduct detailed

evaluations of the importance of such

lands to the long term survival of the

species in the context of constructing a

biologically configured system of

interlinked habitat blocks.

We will provide technical assistance

and work closely with applicants

throughout the development of future

HCPs to identify lands essential for the

long-term conservation of the San

Bernardino kangaroo rat and

appropriate management for those

lands. The take minimization and

mitigation measures provided under

these HCPs are expected to protect the

essential habitat lands designated as

critical habitat in this rule. If an HCP

that addresses the San Bernardino

kangaroo rat as a covered species is

ultimately approved, the Service will

reassess the critical habitat boundaries

in light of the HCP. The Service will

seek to undertake this review when the

HCP is approved, but funding

constraints may influence the timing of

such a review.

Economic Analysis

Section 4(b)(2) of the Act requires us

to designate critical habitat on the basis

of the best scientific and commercial

information available, and to consider

the economic and other relevant

impacts of designating a particular area

as critical habitat. We may exclude areas

from critical habitat upon a

determination that the benefits of such

exclusions outweigh the benefits of

specifying such areas as critical habitat.

We cannot exclude such areas from

critical habitat when such exclusion

will result in the extinction of the

species. We will conduct an analysis of

the economic impacts of designating

these areas as critical habitat prior to a

final determination. When completed,

we will announce the availability of the

draft economic analysis with a notice in

the Federal Register, and we will open

a comment period at that time.

Public Comments Solicited

We intend for any final action

resulting from this proposal to be as

accurate and as effective as possible.

Therefore, we solicit comments or

suggestions from the public, other

concerned governmental agencies, the

scientific community, industry, or any

other interested party concerning this

proposed rule. We particularly seek

comments concerning:

(1) The reasons why any habitat

should or should not be determined to

be critical habitat as provided by section

4 of the Act, including whether the

benefits of designation will outweigh

any threats to the species due to

designation;

(2) Specific information on the

amount and distribution of the San

Bernardino kangaroo rat habitat, and

what habitat is essential to the

conservation of the species and why;

(3) Land use practices and current or

planned activities in the subject areas

and their possible impacts on proposed

critical habitat;

(4) Any foreseeable economic or other

impacts resulting from the proposed

designation of critical habitat, in

particular, any impacts on small entities

or families; and,

(5) Economic and other values

associated with designating critical

habitat for the San Bernardino kangaroo

rat, such as those derived from nonconsumptive uses (e.g., hiking, camping,

bird-watching, enhanced watershed

protection, improved air quality,

increased soil retention, ‘‘existence

values,’’ and reductions in

administrative costs).

If you wish to comment, you may

submit your comments and materials

concerning this proposal by any one of

several methods.

1. You may submit written comments

and information to the Field Supervisor,

Carlsbad Fish and Wildlife Office, U.S.

Fish and Wildlife Service, 2730 Loker

Avenue West, Carlsbad, California

92008.

2. You may hand-deliver written

comments to our Carlsbad Fish and

Wildlife Office, U.S. Fish and Wildlife

Service, 2730 Loker Avenue West,

Carlsbad, California.

3. If you would like to submit

comments by e-mail, please submit email comments as an ASCII file format

and avoid the use of special characters

and encryption. You may send

comments by electronic mail (e-mail) to

FW1CFWOlcommat;fws.gov. Please

include ‘‘Attn: RIN 1018–AE59’’ and

your name and return address in your

e-mail message. Please note that the email address will be closed out at the

termination of the public comment

period. If you do not receive a

confirmation from the system that we

have received your e-mail message,

contact us by calling our Carlsbad Fish

and Wildlife Office at phone number

760–431–9440.

Our practice is to make comments,

including names and home addresses of

respondents, available for public review

during regular business hours.

Respondents may request that we

withhold their home address, which we

will honor to the extent allowable by

law. There also may be circumstances in

which we would withhold a

respondent’s identity, as allowable by

law. If you wish us to withhold your

name and/or address, you must state

this request prominently at the

beginning of your comment. However,

we will not consider anonymous

comments. To the extent consistent with

applicable law, we will make all

submissions from organizations or

businesses, and from individuals

identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

Peer Review

In accordance with our policy

published in the Federal Register on

July 1, 1994 (59 FR 34270), we will seek

the expert opinions of at least three

appropriate and independent specialists

regarding this proposed rule. The

purpose of such review is to ensure

listing decisions are based on

scientifically sound data, assumptions,

and analyses. We will send these peer

reviewers copies of this proposed rule

immediately following publication in

the Federal Register. We will invite

these peer reviewers to comment during

the public comment period on the

specific assumptions and conclusions

regarding the proposed designation of

critical habitat. We will consider all

comments and information received

during the 60-day comment period on

this proposed rule during preparation of

a final rulemaking. Accordingly, the

final decision may differ from this

proposal.

Public Hearings

The Act provides for one or more

public hearings on this proposal, if

requested. Requests for public hearings

must be made at least 15 days prior to

the close of the public comment period.

We will schedule public hearings on

this proposal, if any are requested, and

announce the dates, times, and places of

those hearings in the Federal Register

and local newspapers at least 15 days

prior to the first hearing.

77190 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

Clarity of the Rule

Executive Order 12866 requires each

agency to write regulations/notices that

are easy to understand. We invite your

comments on how to make proposed

rules easier to understand including

answers to questions such as the

following:

(1) Are the requirements in the

document clearly stated?

(2) Does the proposed rule contain

technical language or jargon that

interferes with the clarity?

(3) Does the format of the proposed

rule (grouping and order of sections, use

of headings, paragraphing, etc.) aid or

reduce its clarity?

(4) Is the description of the proposed

rule in the SUPPLEMENTARY INFORMATION

section of the preamble helpful in

understanding the proposed rule? What

else could we do to make the proposed

rule easier to understand?

Send a copy of any comments that

concern how we could make this notice

easier to understand to the Field

Supervisor, Carlsbad Fish and Wildlife

Office (see ADDRESSES).

Required Determinations

Regulatory Planning and Review

This document is a significant rule

and has been reviewed by the Office of

Management and Budget (OMB) in

accordance with Executive Order 12866.

(a) This rule, as proposed, will not

have an annual economic effect of $100

million or more or adversely affect an

economic sector, productivity, jobs, the

environment, or other units of

government. The San Bernardino

kangaroo rat was listed as an

endangered species in 1998. Since that

time, we have conducted ten formal

section 7 consultations with other

Federal agencies to ensure that their

actions would not jeopardize the

continued existence of the species.

The areas proposed as critical habitat

are within the geographic range

occupied by the San Bernardino

kangaroo rat. Under the Act, critical

habitat may not be adversely modified

by a Federal agency action; it does not

impose any restrictions on non-Federal

persons unless they are conducting

activities funded or otherwise

sponsored or permitted by a Federal

agency (see Table 2 below). Section 7

requires Federal agencies to ensure that

they do not jeopardize the continued

existence of the species. Based upon our

experience with the species and its

needs, we conclude that any Federal

action or authorized action that could

potentially cause adverse modification

of designated critical habitat would

currently be considered as ‘‘jeopardy’’

under the Act. Accordingly, the

designation of areas within the

geographic range occupied by the San

Bernardino kangaroo rat has little, if

any, incremental impacts on what

actions may or may not be conducted by

Federal agencies or non-Federal persons

that receive Federal authorization or

funding. Non-Federal persons who do

not have a Federal ‘‘sponsorship’’ of

their actions are not restricted by the

designation of critical habitat although

they continue to be bound by the

provisions of the Act concerning ‘‘take’’

of the species.

(b) This rule, as proposed, will not

create inconsistencies with other

agencies’ actions. As discussed above,

Federal agencies have been required to

ensure that their actions do not

jeopardize the continued existence of

the San Bernardino kangaroo rat since

the listing in 1998. The prohibition

against adverse modification of critical

habitat is not expected to impose any

restrictions in addition to those that

now exist because all designated critical

habitat is within the geographic range

occupied by the San Bernardino

kangaroo rat. Because of the potential

for impacts on other Federal agency

activities, we will continue to review

this action for any inconsistencies with

other Federal agency actions.

(c) This rule, as proposed, will not

materially affect entitlements, grants,

user fees, loan programs, or the rights

and obligations of their recipients.

Federal agencies are required to ensure

that their activities do not jeopardize the

continued existence of the species, and,

as discussed above, we do not anticipate

that the adverse modification

prohibition (resulting from critical

habitat designation) will have any

incremental effects in areas of occupied

habitat. We will review the effects of

this proposed action on Federal

agencies or non-Federal persons that

receive Federal authorization or funding

in the area of critical habitat.

(d) This rule will not raise novel legal

or policy issues. The proposed rule

follows the requirements for

determining critical habitat contained in

the Endangered Species Act.

TABLE 2.—IMPACTS OF SAN BERNARDINO KANGAROO RAT LISTING AND CRITICAL HABITAT DESIGNATION

Categories of Activities Activities Potentially Affected by Species Listing Only 1

Additional Activities Potentially Affected by Critical

Habitat Designation 2

Federal Activities Potentially

Affected.3.

Activities the Federal Government carries out such as removing, degrading, or destroying San Bernardo kangaroo rat habitat (as defined in primary constituent elements discussion), whether by burning or mechanical, chemical, or other means

(e.g., grubbing, grading flooding, discing, flood control, off-road vehicle use, overgrazing, construction, road building, mining, herbicide and pesticide application,

etc.) and appreciably decreasing habitat value or quality through indirect effects

(e.g., noise, edge effects, night-time lighting, invasion of exotic plants or animals,

or fragmentation).

May result in a limited increase in the number of

section 7 consultations.

Private Activities Potentially

Affected.4.

Activities such as removing, degrading, or destroying San Bernardino kangaroo rat

habitat (as defined in the primary constituent elements discussion), whether by

burning or mechanical, chemical, or other means e.g., grubbing, grading, flooding,

discing, flood control, off-road vehicle use, overgrazing, construction, road building, mining, herbicide and pesticide application, etc.) an appreciably decreasing

habitat value or quality through indirect effects (e.g., noise, edge effects, nighttime lighting, invasion of exotic plants or animals, or fragmentation that require a

Federal action (permit, authorization, or funding).

May result in a limited increase in the number of

section 7 consultations.

1This column represents the activities potentially affected by listing the San Bernardino kangaroo rat as an endangered species (Jan. 27,

1998; 63 FR 3835) under the Endangered Species Act. 2This column represents the activities potentially affected by the critical habitat designation in addition to those activities potentially affected by

listing the species. 3Activities initiated by a Federal agency.

4Activities initiated by a private entity that may need Federal authorization or funding.

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77191

Regulatory Flexibility Act (5 U.S.C. 601

et seq.)

In the economic analysis (under

section 4 of the Act), we will determine

whether designation of critical habitat

will have a significant effect on a

substantial number of small entities. As

discussed under Regulatory Planning

and Review above, this rule, as

proposed, is not expected to result in

any restrictions in addition to those

currently in existence for areas of

occupied habitat. As indicated on Table

1 (see Proposed Critical Habitat

Designation section), we designated

property owned by Federal, State, and

local governments, and private property.

Within these areas, the types of Federal

actions or authorized activities that we

have identified as potential concerns

are:

(1) Regulation of activities affecting

waters of the United States by the Corps

under section 404 of the Clean Water

Act;

(2) Regulation of water flows,

damming, diversion, and channelization

by Federal agencies;

(3) Regulation of grazing, mining, and

recreation by the Bureau of Land

Management or U.S. Forest Service;

(4) Road construction and

maintenance, right-of-way designation,

and regulation of agricultural activities;

(5) Regulation of airport construction

or improvement activities by the Federal

Aviation Administration;

(6) Hazard mitigation and postdisaster repairs funded by the Federal

Emergency Management Agency;

(7) Construction of communication

sites licensed by the Federal

Communications Commission; and

(8) Activities funded by the U.S.

Environmental Protection Agency, U.S.

Department of Energy, or any other

Federal agency.

Many of these activities sponsored by

Federal agencies within the proposed

critical habitat units are carried out by

small entities (as defined by the

Regulatory Flexibility Act) through

contract, grant, permit, or other Federal

authorization. As discussed above, these

actions are currently required to comply

with the listing protections of the Act,

and the designation of critical habitat is

not anticipated to have any additional

effects on these activities in areas of

habitat occupied by the species. For

actions on non-Federal property that do

not have a Federal connection (such as

funding or authorization), the current

restrictions concerning take of the

species remain in effect, and this rule

will have no additional restrictions.

Small Business Regulatory Enforcement

Fairness Act (5 U.S.C. 804(2))

In the economic analysis, we will

determine whether designation of

critical habitat will cause (a) any effect

on the economy of $100 million or

more, (b) any increases in costs or prices

for consumers, individual industries,

Federal, State, or local government

agencies, or geographic regions in the

economic analysis, or (c) any significant

adverse effects on competition,

employment, investment, productivity,

innovation, or the ability of U.S.-based

enterprises to compete with foreignbased enterprises. As discussed above,

we anticipate that the designation of

critical habitat will have little, if any,

additional effects on these activities in

areas of critical habitat occupied by the

species. We expect little additional

effect for the area of proposed critical

habitat.

Unfunded Mandates Reform Act (2

U.S.C. 1501 et seq.)

In accordance with the Unfunded

Mandates Reform Act (2 U.S.C. 1501 et

seq.):

(a) This rule, as proposed, will not

‘‘significantly or uniquely’’ affect small

governments. A Small Government

Agency Plan is not required. Small

governments will be affected only to the

extent that any programs having Federal

funds, permits, or other authorized

activities must ensure that their actions

will not adversely affect the critical

habitat. However, as discussed above,

these actions are currently subject to

equivalent restrictions through the

listing protections of the species, and no

further restrictions are anticipated in

areas of occupied proposed critical

habitat.

(b) This rule, will not produce a

Federal mandate of $100 million or

greater in any year, that is, it is not a

‘‘significant regulatory action’’ under

the Unfunded Mandates Reform Act.

The designation of critical habitat

imposes no obligations on State or local

governments.

Takings

In accordance with Executive Order

12630, the rule does not have significant

takings implications. A takings

implication assessment is not required.

As discussed above, the designation of

critical habitat affects only Federal

agency actions. The rule will not

increase or decrease the current

restrictions on private property

concerning take of the San Bernardino

kangaroo rat. Due to current public

knowledge of the species protection, the

prohibition against take of the species

both within and outside of the

designated areas, and the fact that

critical habitat provides no incremental

restrictions in areas of occupied critical

habitat, we do not anticipate that

property values will be affected by the

critical habitat designation. Critical

habitat designation does not preclude

development of habitat conservation

plans and issuance of incidental take

permits. Landowners in areas that are

included in the designated critical

habitat will continue to have

opportunity to utilize their property in

ways consistent with the survival of the

San Bernardino kangaroo rat.

Federalism

In accordance with Executive Order

13132, the rule does not have significant

Federalism effects. A Federalism

assessment is not required. We will

coordinate any future designation of

critical habitat for the San Bernardino

kangaroo rat with the appropriate State

agencies. The designation of critical

habitat in areas currently occupied by

the San Bernardino kangaroo rat

imposes no additional restrictions to

those currently in place and, therefore,

has little incremental impact on State

and local governments and their

activities. The designation may have

some benefit to these governments in

that the areas essential to the

conservation of the species are more

clearly defined, and the primary

constituent elements of the habitat

necessary to the survival of the species

are specifically identified. While

making this definition and

identification does not alter where and

what federally sponsored activities may

occur, it may assist these local

governments in long-range planning

(rather than waiting for case-by-case

section 7 consultations to occur).

Civil Justice Reform

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that the rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the Order. We propose

critical habitat in accordance with the

provisions of the Act, and plan public

hearings on the proposed designation

during the comment period if requested.

The rule uses standard property

descriptions and identifies the primary

constituent elements within the

proposed units to assist the public in

understanding the habitat needs of the

San Bernardino kangaroo rat.

77192 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.)

This rule references permits for HCPs

which contain information collection

activity. The Fish and Wildlife Service

has OMB approval for the collection

under OMB Control Number 1018–0094.

The Service may not conduct or

sponsor, and a person is not required to

respond to a collection of information

unless it displays a currently valid OMB

control number.

National Environmental Policy Act

We have determined that we do not

need to prepare an Environmental

Assessment and/or an Environmental

Impact Statement as defined by the

National Environmental Policy Act of

1969 in connection with regulations

adopted pursuant to section 4(a) of the

Act. We published a notice outlining

our reasons for this determination on

October 25, 1983 (48 FR 49244). This

proposed rule does not constitute a

major Federal action significantly

affecting the quality of the human

environment.

Government-to-Government

Relationship With Tribes

In accordance with the President’s

memorandum of April 29, 1994,

‘‘Government-to-Government Relations

with Native American Tribal

Governments’’ (59 FR 22951) and 512

DM 2, we understand that federally

recognized Tribes must be related to on

a Government-to-Government basis. We

determined that there are approximately

465 ha (1,149 ac) of Tribal lands

essential for the conservation of the San

Bernardino kangaroo rat along the

western boundary of the Soboba Indian

Reservation in Riverside County.

Therefore, we are proposing to designate

critical habitat for the San Bernardino

kangaroo rat on only this portion of

Tribal lands.

In complying with our tribal trust

responsibilities, we must communicate

with all tribes potentially affected by the

designation. Therefore, we are soliciting

information during the comment period

on potential effects to tribes or tribal

resources that may result from critical

habitat designation.

References Cited

You may request a complete list of all

references cited in this proposed rule

from the Carlsbad Fish and Wildlife

Office (see ADDRESSES section).

Author

The primary author of this proposed

rule is Nancy Kehoe, Carlsbad Fish and

Wildlife Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Proposed Regulation Promulgation

Accordingly, we propose to amend

part 17, subchapter B of chapter I, title

50 of the Code of Federal Regulations as

set forth below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted.

2. In § 17.11(h) revise the entry for

‘‘Kangaroo rat, San Bernardino’’’ under

‘‘MAMMALS’’ to read as follows:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *

Species

Historic

range

Vertebrate population where

endangered or

threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

MAMMALS

*******

Kangaroo rat, San Bernardino

Merriam’s.

Dipodomys merriami

parvus.

U.S.A. (CA) Entire ................ E 632E, 645 17.95(a) NA

*******

3. Amend § 17.95(a) by adding critical

habitat for the San Bernardino kangaroo

rat (Dipodomys merriami parvus) in the

same alphabetical order as this species

occurs in § 17.11 (h).

§ 17.95 Critical habitat—fish and wildlife.

(a) Mammals.

* * * * *

San Bernardino Kangaroo Rat

(Dipodomys merriami parvus).

1. Critical Habitat Units are depicted

for San Bernardino and Riverside

counties, California, on the maps below.

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77193

2. Within these areas, the primary

constituent elements for the San

Bernardino kangaroo rat are those

habitat components that are essential for

the primary biological needs of foraging,

reproducing, rearing of young, intraspecific communication, dispersal,

genetic exchange, or sheltering. The

primary constituent elements are found

in areas influenced by historic and/or

current geomorphological and

hydrological processes and areas of

wind-blown sand that support alluvial

sage scrub vegetation or a mosaic of

alluvial sage scrub and associated

vegetation types (e.g., coastal sage scrub,

chaparral) within San Bernardino and

Riverside counties. Primary constituent

elements associated with the biological

needs of dispersal are also found in

areas that provide connectivity or

linkage between or within larger core

areas, including open space and

disturbed areas containing introduced

plant species.

Primary constituent elements include:

(1) Dynamic geomorphological and

hydrological processes typical of fluvial

systems within the historical range of

the animal, i.e., areas that are within

active and historical flood regimes

including river, creek, stream, and wash

channels; alluvial fans; flood plains;

flood-control berms and lands adjacent

to them; flood plain benches and

terraces; and historic braided channels;

(2) Historical and current alluvial

processes within the historical range of

the animal;

(3) Alluvial sage scrub and associated

vegetation, such as coastal sage scrub

and chamise chaparral. Common plant

species include: Scalebroom

(Lepidospartum squamatum), California

buckwheat (Eriogonum fasciculatum),

yerba santa (Eriodictyon spp.), our

Lord’s candle (Yucca whipplei), sugar

bush (Rhus ovata), lemonadeberry (Rhus

integrifolia), laurel sumac (Malosma

laurina), California juniper (Juniperus

77194 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

californicus), mulefat (Baccharis

salicifolia), showy penstemon

(Penstemon spectabilis), golden aster

(Heterotheca villosa), tall buckwheat

(Eriogonum elongatum), prickly pear

and cholla (Opuntia spp.), chamise

(Adenostoma fasciculatum), popcorn

flower (Plagiobothrys spp.), and native

and nonnative grasses.

(4) Sand, loam, or sandy loam soils

within the historical range of the

animal;

(5) Upland areas that may provide

refugia from environmental or

demographic stochastic and

catastrophic events; and

(6) Moderate to low degree of human

disturbance to habitat within the

species’ historical range, i.e., lands

within or immediately adjacent to flood

plain terraces that have suitable habitat

for the species and areas within 50 m

(150 ft) of currently suitable San

Bernardino kangaroo rat habitat, such as

agricultural lands that are not disked

annually, out-of-production vineyards,

margins of orchards, areas of active or

inactive industrial or resource

extraction activities, and urban/

wildland interfaces.

3. Existing features and structures

within the boundaries of the mapped

units, such as buildings, roads,

railroads, airports, other paved areas,

lawns, other urban landscaped areas,

and other features not containing

primary constituent elements are not

considered critical habitat.

Map Unit 1: Santa Ana River and San

Timoteo Canyon, San Bernardino

County, California. From USGS 1:24,000

quadrangle maps Harrison Mountain

(1980), Yucaipa (1988), Redlands (1980),

and San Bernardino South (1980),

California, lands in the Santa Ana Wash

bounded by the following Universal

Transverse Mercator (UTM) North

American Datum 1927 (NAD27)

coordinates (X, Y): 482500, 3778300;

482700, 3778300; 482700, 3778200;

482800, 3778200; 482800, 3778100;

482700, 3778100; 482700, 3777500;

482800, 3777500; 482800, 3777400;

483200, 3777400; 483200, 3777300;

483300, 3777300; 483300, 3776700;

483000, 3776700; 483000, 3776800;

482900, 3776800; 482900, 3776900;

482800, 3776900; 482800, 3777000;

482600, 3777000; 482600, 3776600;

482700, 3776600; 482700, 3776300;

482800, 3776300; 482800, 3775400;

482600, 3775400; 482600, 3775200;

482500, 3775200; 482500, 3774800;

482700, 3774800; 482700, 3774600;

483300, 3774600; 483300, 3774000;

484100, 3774000; 484100, 3773800;

484700, 3773800; 484700, 3774200;

485400, 3774200; 485400, 3774400;

485600, 3774400; 485600, 3774500;

485800, 3774500; 485800, 3774400;

486000, 3774400; 486000, 3774500;

486400, 3774500; 486400, 3774600;

486700, 3774600; 486700, 3774800;

486800, 3774800; 486800, 3775000;

487200, 3775000; 487200, 3774900;

487300, 3774900; 487300, 3774500;

487200, 3774500; 487200, 3774300;

487100, 3774300; 487100, 3774200;

488100, 3774200; 488100, 3774100;

488300, 3774100; 488300, 3774000;

488400, 3774000; 488400, 3773800;

488500, 3773800; 488500, 3773700;

488800, 3773700; 488800, 3773600;

488900, 3773600; 488900, 3773700;

489000, 3773700; 489000, 3773800;

489300, 3773800; 489300, 3773700;

489900, 3773700; 489900, 3773600;

490300, 3773600; 490300, 3773700;

490500, 3773700; 490500, 3773800;

490700, 3773800; 490700, 3774000;

490800, 3774000; 490800, 3774100;

490700, 3774100; 490700, 3774400;

491000, 3774400; 491000, 3773600;

490900, 3773600; 490900, 3773300;

490800, 3773300; 490800, 3773200;

490700, 3773200; 490700, 3772900;

490600, 3772900; 490600, 3772800;

490700, 3772800; 490700, 3772300;

490600, 3772300; 490600, 3772200;

490500, 3772200; 490500, 3772100;

490300, 3772100; 490300, 3772200;

490100, 3772200; 490100, 3772100;

489900, 3772100; 489900, 3772000;

489700, 3772000; 489700, 3771500;

489900, 3771500; 489900, 3771400;

490000, 3771400; 490000, 3771300;

490200, 3771300; 490200, 3771200;

490300, 3771200; 490300, 3771100;

490500, 3771100; 490500, 3771000;

491000, 3771000; 491000, 3770700;

491100, 3770700; 491100, 3770600;

491300, 3770600; 491300, 3771000;

495000, 3771000; 495000, 3770000;

491100, 3770000; 491100, 3769900;

491000, 3769900; 491000, 3769800;

490800, 3769800; 490800, 3769600;

490300, 3769600; 490300, 3769700;

489900, 3769700; 489900, 3769800;

489400, 3769800; 489400, 3769900;

489300, 3769900; 489300, 3770300;

489200, 3770300; 489200, 3770400;

488800, 3770400; 488800, 3771300;

488100, 3771300; 488100, 3770900;

488000, 3770900; 488000, 3771000;

487800, 3771000; 487800, 3771300;

486600, 3771300; 486600, 3770900;

485600, 3770900; 485600, 3771300;

485500, 3771300; 485500, 3771200;

484700, 3771200; 484700, 3771300;

484500, 3771300; 484500, 3770900;

484200, 3770900; 484200, 3771200;

483600, 3771200; 483600, 3771300;

482900, 3771300; 482900, 3771600;

482700, 3771600; 482700, 3771700;

482500, 3771700; 482500, 3771800;

482300, 3771800; 482300, 3771900;

482200, 3771900; 482200, 3772000;

482000, 3772000; 482000, 3772100;

481700, 3772100; 481700, 3772000;

481400, 3772000; 481400, 3771900;

481100, 3771900; 481100, 3771800;

480600, 3771800; 480600, 3771900;

479900, 3771900; 479900, 3771800;

479400, 3771800; 479400, 3771700;

478800, 3771700; 478800, 3771600;

478500, 3771600; 478500, 3771500;

478400, 3771500; 478400, 3771400;

478300, 3771400; 478300, 3771300;

478100, 3771300; 478100, 3771200;

477700, 3771200; 477700, 3771100;

477400, 3771100; 477400, 3771000;

477200, 3771000; 477200, 3770900;

477000, 3770900; 477000, 3770800;

476300, 3770800; 476300, 3770700;

476200, 3770700; 476200, 3770600;

476000, 3770600; 476000, 3770500;

475800, 3770500; 475800, 3770400;

475300, 3770400; 475300, 3770300;

475200, 3770300; 475200, 3770200;

475100, 3770200; 475100, 3770100;

475000, 3770100; 475000, 3769700;

474900, 3769700; 474900, 3769600;

474300, 3769600; 474300, 3769700;

474000, 3769700; 474000, 3769600;

473500, 3769600; 473500, 3769400;

473400, 3769400; 473400, 3769300;

472700, 3769300; 472700, 3769800;

473300, 3769800; 473300, 3769900;

473700, 3769900; 473700, 3770000;

474300, 3770000; 474300, 3770100;

474500, 3770100; 474500, 3770200;

474700, 3770200; 474700, 3770300;

474800, 3770300; 474800, 3770400;

474900, 3770400; 474900, 3770500;

475000, 3770500; 475000, 3770600;

475100, 3770600; 475100, 3770700;

475200, 3770700; 475200, 3770800;

475300, 3770800; 475300, 3770900;

475500, 3770900; 475500, 3771000;

475600, 3771000; 475600, 3771100;

475700, 3771100; 475700, 3771200;

476000, 3771200; 476000, 3771500;

476100, 3771500; 476100, 3772300;

476900, 3772300; 476900, 3772400;

477300, 3772400; 477300, 3772500;

477600, 3772500; 477600, 3772600;

477700, 3772600; 477700, 3772700;

477800, 3772700; 477800, 3773000;

478000, 3773000; 478000, 3773700;

478200, 3773700; 478200, 3773800;

479000, 3773800; 479000, 3773300;

478800, 3773300; 478800, 3773200;

478900, 3773200; 478900, 3773100;

479200, 3773100; 479200, 3773200;

479400, 3773200; 479400, 3773300;

479500, 3773300; 479500, 3773400;

480000, 3773400; 480000, 3773800;

480900, 3773800; 480900, 3773900;

481200, 3773900; 481200, 3774300;

481600, 3774300; 481600, 3774500;

481700, 3774500; 481700, 3774600;

481800, 3774600; 481800, 3774800;

481900, 3774800; 481900, 3775000;

482000, 3775000; 482000, 3775500;

482200, 3775500; 482200, 3775800;

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77195

482300, 3775800; 482300, 3776000;

482400, 3776000; 482400, 3776600;

482300, 3776600; 482300, 3776700;

482000, 3776700; 482000, 3777100;

482100, 3777100; 482100, 3777200;

482200, 3777200; 482200, 3777300;

482300, 3777300; 482300, 3777900;

482400, 3777900; 482400, 3778000;

482500, 3778000; 482500, 3778300.

Land in San Timoteo Canyon

bounded by the following UTM NAD27

coordinates (X, Y): 479200, 3767400;

479700, 3767400; 479700, 3767000;

479600, 3767000; 479600, 3766900;

479700, 3766900; 479700, 3766600;

479800, 3766600; 479800, 3766500;

479900, 3766500; 479900, 3766300;

480000, 3766300; 480000, 3766400;

480100, 3766400; 480100, 3766200;

480200, 3766200; 480200, 3766100;

480400, 3766100; 480400, 3766000;

480600, 3766000; 480600, 3765900;

480700, 3765900; 480700, 3765800;

481000, 3765800; 481000, 3765700;

481100, 3765700; 481100, 3765600;

481200, 3765600; 481200, 3765400;

481300, 3765400; 481300, 3765300;

481400, 3765300; 481400, 3765200;

481500, 3765200; 481500, 3765100;

481600, 3765100; 481600, 3765000;

481700, 3765000; 481700, 3764900;

481900, 3764900; 481900, 3765000;

482000, 3765000; 482000, 3764900;

482200, 3764900; 482200, 3764800;

482400, 3764800; 482400, 3764700;

482700, 3764700; 482700, 3764600;

482900, 3764600; 482900, 3764500;

483000, 3764500; 483000, 3764400;

483100, 3764400; 483100, 3764200;

483200, 3764200; 483200, 3764000;

483400, 3764000; 483400, 3763900;

483600, 3763900; 483600, 3763500;

483500, 3763500; 483500, 3763400;

483300, 3763400; 483300, 3763600;

483200, 3763600; 483200, 3763700;

483100, 3763700; 483100, 3763800;

483000, 3763800; 483000, 3763900;

482900, 3763900; 482900, 3764000;

482800, 3764000; 482800, 3764100;

482700, 3764100; 482700, 3764200;

482600, 3764200; 482600, 3764300;

482400, 3764300; 482400, 3764400;

482200, 3764400; 482200, 3764500;

481800, 3764500; 481800, 3764600;

481600, 3764600; 481600, 3764700;

481400, 3764700; 481400, 3764800;

481300, 3764800; 481300, 3764900;

481200, 3764900; 481200, 3765000;

481100, 3765000; 481100, 3765100;

481000, 3765100; 481000, 3765200;

480900, 3765200; 480900, 3765300;

480800, 3765300; 480800, 3765400;

480700, 3765400; 480700, 3765500;

480600, 3765500; 480600, 3765600;

480500, 3765600; 480500, 3765700;

480300, 3765700; 480300, 3765800;

480000, 3765800; 480000, 3765900;

479900, 3765900; 479900, 3766000;

479800, 3766000; 479800, 3766100;

479700, 3766100; 479700, 3766200;

479600, 3766200; 479600, 3766400;

479500, 3766400; 479500, 3766500;

479400, 3766500; 479400, 3766700;

479300, 3766700; 479300, 3766800;

479200, 3766800; 479200, 3767400.

77196 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

Map Unit 2: Lytle and Cajon Creeks,

San Bernardino County, California.

From USGS 1:24,000 quadrangle maps

San Bernardino South (1980), San

Bernardino North (1988), Devore (1988),

and Cajon (1988), lands bounded by the

following UTM NAD27 coordinates (X,

Y): 456700, 3791400; 457200, 3791400;

457200, 3790900; 457300, 3790900;

457300, 3790700; 457400, 3790700;

457400, 3790600; 457600, 3790600;

457600, 3790500; 457700, 3790500;

457700, 3790400; 457800, 3790400;

457800, 3790300; 457900, 3790300;

457900, 3790200; 458200, 3790200;

458200, 3790100; 458600, 3790100;

458600, 3790000; 458800, 3790000;

458800, 3789900; 459000, 3789900;

459000, 3789800; 459200, 3789800;

459200, 3789700; 459300, 3789700;

459300, 3789600; 459500, 3789600;

459500, 3789500; 459600, 3789500;

459600, 3789400; 459800, 3789400;

459800, 3789300; 459900, 3789300;

459900, 3789200; 460000, 3789200;

460000, 3789000; 460100, 3789000;

460100, 3788900; 460200, 3788900;

460200, 3788800; 460300, 3788800;

460300, 3788700; 460400, 3788700;

460400, 3788600; 460600, 3788600;

460600, 3788500; 460700, 3788500;

460700, 3788400; 460800, 3788400;

460800, 3788300; 461000, 3788300;

461000, 3788200; 461100, 3788200;

461100, 3788100; 461200, 3788100;

461200, 3788000; 461400, 3788000;

461400, 3787900; 461500, 3787900;

461500, 3787800; 461600, 3787800;

461600, 3787700; 461700, 3787700;

461700, 3787600; 461800, 3787600;

461800, 3787500; 461900, 3787500;

461900, 3787400; 462000, 3787400;

462000, 3787300; 462100, 3787300;

462100, 3787200; 462300, 3787200;

462300, 3787100; 462600, 3787100;

462600, 3787000; 462800, 3787000;

462800, 3786900; 463000, 3786900;

463000, 3786800; 463300, 3786800;

463300, 3787300; 463400, 3787300;

463400, 3787400; 463900, 3787400;

463900, 3787300; 464200, 3787300;

464200, 3787200; 464300, 3787200;

464300, 3787100; 464400, 3787100;

464400, 3787000; 464700, 3787000;

464700, 3786900; 465100, 3786900;

465100, 3786800; 465300, 3786800;

465300, 3786700; 465500, 3786700;

465500, 3786600; 465600, 3786600;

465600, 3786500; 465700, 3786500;

465700, 3786400; 465800, 3786400;

465800, 3786200; 465900, 3786200;

465900, 3785900; 466000, 3785900;

466000, 3785600; 465900, 3785600;

465900, 3785400; 465800, 3785400;

465800, 3785000; 465900, 3785000;

465900, 3784900; 466100, 3784900;

466100, 3784800; 466200, 3784800;

466200, 3784600; 466100, 3784600;

466100, 3784400; 466000, 3784400;

466000, 3784300; 466200, 3784300;

466200, 3784200; 466400, 3784200;

466400, 3784100; 466500, 3784100;

466500, 3784000; 466600, 3784000;

466600, 3783800; 466700, 3783800;

466700, 3783600; 466800, 3783600;

466800, 3783500; 466900, 3783500;

466900, 3783400; 467000, 3783400;

467000, 3783300; 467200, 3783300;

467200, 3783200; 467400, 3783200;

467400, 3783100; 467600, 3783100;

467600, 3783000; 467800, 3783000;

467800, 3782900; 468100, 3782900;

468100, 3782800; 468200, 3782800;

468200, 3782700; 468300, 3782700;

468300, 3782600; 468500, 3782600;

468500, 3783200; 468600, 3783200;

468600, 3783500; 468700, 3783500;

468700, 3783600; 468800, 3783600;

468800, 3783700; 468900, 3783700;

468900, 3783900; 469000, 3783900;

469000, 3784100; 469100, 3784100;

469100, 3784200; 469200, 3784200;

469200, 3784300; 469700, 3784300;

469700, 3784200; 469800, 3784200;

469800, 3784100; 470000, 3784100;

470000, 3784000; 470100, 3784000;

470100, 3783800; 470200, 3783800;

470200, 3783700; 470300, 3783700;

470300, 3783600; 470600, 3783600;

470600, 3783500; 470800, 3783500;

470800, 3783400; 471000, 3783400;

471000, 3783300; 471200, 3783300;

471200, 3783200; 471400, 3783200;

471400, 3783100; 471500, 3783100;

471500, 3783000; 471700, 3783000;

471700, 3782900; 471900, 3782900;

471900, 3782800; 472100, 3782800;

472100, 3782700; 472300, 3782700;

472300, 3782600; 472400, 3782600;

472400, 3782500; 472300, 3782500;

472300, 3782400; 471800, 3782400;

471800, 3782200; 471500, 3782200;

471500, 3782100; 471100, 3782100;

471100, 3782200; 470800, 3782200;

470800, 3782300; 470500, 3782300;

470500, 3782400; 470300, 3782400;

470300, 3782500; 470200, 3782500;

470200, 3782600; 469900, 3782600;

469900, 3782700; 469800, 3782700;

469800, 3782800; 469700, 3782800;

469700, 3782300; 469800, 3782300;

469800, 3782100; 469700, 3782100;

469700, 3782000; 469000, 3782000;

469000, 3781900; 468900, 3781900;

468900, 3782100; 468800, 3782100;

468800, 3782200; 468600, 3782200;

468600, 3782300; 468500, 3782300;

468500, 3782200; 468400, 3782200;

468400, 3782100; 468300, 3782100;

468300, 3782000; 468000, 3782000;

468000, 3782100; 467900, 3782100;

467900, 3782200; 467200, 3782200;

467200, 3782100; 467300, 3782100;

467300, 3781900; 467400, 3781900;

467400, 3781800; 467500, 3781800;

467500, 3781700; 467600, 3781700;

467600, 3781500; 467700, 3781500;

467700, 3781200; 467600, 3781200;

467600, 3781100; 467500, 3781100;

467500, 3781000; 467400, 3781000;

467400, 3780900; 467300, 3780900;

467300, 3780800; 467200, 3780800;

467200, 3780700; 467100, 3780700;

467100, 3780600; 467000, 3780600;

467000, 3780500; 466900, 3780500;

466900, 3780400; 466800, 3780400;

466800, 3780200; 466700, 3780200;

466700, 3780100; 466600, 3780100;

466600, 3779700; 466700, 3779700;

466700, 3779400; 466800, 3779400;

466800, 3779300; 466900, 3779300;

466900, 3779200; 467000, 3779200;

467000, 3779000; 467200, 3779000;

467200, 3778800; 467500, 3778800;

467500, 3778700; 467600, 3778700;

467600, 3778600; 467700, 3778600;

467700, 3778500; 467800, 3778500;

467800, 3778400; 467900, 3778400;

467900, 3778300; 468000, 3778300;

468000, 3778200; 468100, 3778200;

468100, 3778100; 468200, 3778100;

468200, 3777500; 468300, 3777500;

468300, 3777300; 468400, 3777300;

468400, 3777000; 468500, 3777000;

468500, 3776800; 468600, 3776800;

468600, 3776700; 468700, 3776700;

468700, 3776500; 468800, 3776500;

468800, 3776400; 468900, 3776400;

468900, 3776200; 469000, 3776200;

469000, 3776100; 469100, 3776100;

469100, 3775900; 469200, 3775900;

469200, 3775800; 469400, 3775800;

469400, 3775700; 469500, 3775700;

469500, 3775600; 469600, 3775600;

469600, 3775500; 469800, 3775500;

469800, 3774300; 469900, 3774300;

469900, 3774000; 469800, 3774000;

469800, 3773900; 469700, 3773900;

469700, 3773800; 468600, 3773800;

468600, 3774000; 468700, 3774000;

468700, 3774100; 468800, 3774100;

468800, 3774500; 468700, 3774500;

468700, 3774700; 468600, 3774700;

468600, 3774900; 468500, 3774900;

468500, 3775100; 468300, 3775100;

468300, 3775200; 468200, 3775200;

468200, 3775300; 468100, 3775300;

468100, 3775400; 467900, 3775400;

467900, 3775500; 467800, 3775500;

467800, 3775700; 467700, 3775700;

467700, 3775800; 467600, 3775800;

467600, 3775900; 467500, 3775900;

467500, 3776100; 467400, 3776100;

467400, 3776200; 467200, 3776200;

467200, 3776400; 467100, 3776400;

467100, 3776500; 467000, 3776500;

467000, 3776600; 466900, 3776600;

466900, 3776700; 466800, 3776700;

466800, 3776800; 466700, 3776800;

466700, 3776900; 466600, 3776900;

466600, 3777000; 466500, 3777000;

466500, 3777100; 466400, 3777100;

466400, 3777300; 466300, 3777300;

466300, 3777400; 466200, 3777400;

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77197

466200, 3777500; 466100, 3777500;

466100, 3777600; 466000, 3777600;

466000, 3777700; 465900, 3777700;

465900, 3777800; 465800, 3777800;

465800, 3777900; 465700, 3777900;

465700, 3778000; 465600, 3778000;

465600, 3778200; 465500, 3778200;

465500, 3778300; 465300, 3778300;

465300, 3778400; 465100, 3778400;

465100, 3778500; 465000, 3778500;

465000, 3778600; 464800, 3778600;

464800, 3778700; 464600, 3778700;

464600, 3778800; 464500, 3778800;

464500, 3778900; 464300, 3778900;

464300, 3779000; 464000, 3779000;

464000, 3779100; 463800, 3779100;

463800, 3779000; 463600, 3779000;

463600, 3779100; 463400, 3779100;

463400, 3779200; 463300, 3779200;

463300, 3779300; 463100, 3779300;

463100, 3779400; 463000, 3779400;

463000, 3779500; 462900, 3779500;

462900, 3779600; 462700, 3779600;

462700, 3779700; 462600, 3779700;

462600, 3779800; 462500, 3779800;

462500, 3779900; 462300, 3779900;

462300, 3780000; 462200, 3780000;

462200, 3780100; 462100, 3780100;

462100, 3780200; 461900, 3780200;

461900, 3780300; 461800, 3780300;

461800, 3780400; 461700, 3780400;

461700, 3780500; 461600, 3780500;

461600, 3780600; 461400, 3780600;

461400, 3780700; 461300, 3780700;

461300, 3780800; 461200, 3780800;

461200, 3780900; 461000, 3780900;

461000, 3781000; 460900, 3781000;

460900, 3781100; 460800, 3781100;

460800, 3781200; 460600, 3781200;

460600, 3781300; 460500, 3781300;

460500, 3781400; 460400, 3781400;

460400, 3781500; 460300, 3781500;

460300, 3779600; 461600, 3779600;

461600, 3778700; 458300, 3778700;

458300, 3777900; 457100, 3777900;

457100, 3777100; 455900, 3777100;

455900, 3777800; 456000, 3777800;

456000, 3777900; 456100, 3777900;

456100, 3778000; 456200, 3778000;

456200, 3778100; 456300, 3778100;

456300, 3778200; 456400, 3778200;

456400, 3778400; 456500, 3778400;

456500, 3778500; 456600, 3778500;

456600, 3778600; 456700, 3778600;

456700, 3778700; 456000, 3778700;

456000, 3778600; 455900, 3778600;

455900, 3778800; 455800, 3778800;

455800, 3779000; 455900, 3779000;

455900, 3779300; 456000, 3779300;

456000, 3780100; 455900, 3780100;

455900, 3780300; 455800, 3780300;

455800, 3780600; 455700, 3780600;

455700, 3780700; 455600, 3780700;

455600, 3780800; 455800, 3780800;

455800, 3780900; 456100, 3780900;

456100, 3781000; 456700, 3781000;

456700, 3781100; 457300, 3781100;

457300, 3781200; 457500, 3781200;

457500, 3781300; 457800, 3781300;

457800, 3781400; 458000, 3781400;

458000, 3781500; 458200, 3781500;

458200, 3781600; 458300, 3781600;

458300, 3781700; 458400, 3781700;

458400, 3781800; 458500, 3781800;

458500, 3781900; 458600, 3781900;

458600, 3782100; 458800, 3782100;

458800, 3782200; 458900, 3782200;

458900, 3782300; 459000, 3782300;

459000, 3782400; 459200, 3782400;

459200, 3783100; 459100, 3783100;

459100, 3783400; 459000, 3783400;

459000, 3783600; 458900, 3783600;

458900, 3783700; 458800, 3783700;

458800, 3783900; 458700, 3783900;

458700, 3784000; 458600, 3784000;

458600, 3784200; 458500, 3784200;

458500, 3784300; 458400, 3784300;

458400, 3784400; 458300, 3784400;

458300, 3784500; 458100, 3784500;

458100, 3784700; 458000, 3784700;

458000, 3784800; 457900, 3784800;

457900, 3784900; 457800, 3784900;

457800, 3785100; 457700, 3785100;

457700, 3785600; 457600, 3785600;

457600, 3785700; 457400, 3785700;

457400, 3786000; 457300, 3786000;

457300, 3786200; 457200, 3786200;

457200, 3786300; 457100, 3786300;

457100, 3786400; 457000, 3786400;

457000, 3786500; 456900, 3786500;

456900, 3786700; 456800, 3786700;

456800, 3786900; 456700, 3786900;

456700, 3787000; 456600, 3787000;

456600, 3787100; 456500, 3787100;

456500, 3787200; 456400, 3787200;

456400, 3787300; 456000, 3787300;

456000, 3787400; 455800, 3787400;

455800, 3787500; 455600, 3787500;

455600, 3787600; 455500, 3787600;

455500, 3787900; 456500, 3787900;

456500, 3787800; 456700, 3787800;

456700, 3787700; 456900, 3787700;

456900, 3787600; 457000, 3787600;

457000, 3787500; 457100, 3787500;

457100, 3787400; 457200, 3787400;

457200, 3787100; 457300, 3787100;

457300, 3786800; 457400, 3786800;

457400, 3786700; 457600, 3786700;

457600, 3786600; 457700, 3786600;

457700, 3786500; 457800, 3786500;

457800, 3786400; 457900, 3786400;

457900, 3786300; 458000, 3786300;

458000, 3786200; 458200, 3786200;

458200, 3786100; 458300, 3786100;

458300, 3786000; 458400, 3786000;

458400, 3785900; 458500, 3785900;

458500, 3785700; 458600, 3785700;

458600, 3785100; 458700, 3785100;

458700, 3785000; 458900, 3785000;

458900, 3784900; 459100, 3784900;

459100, 3784800; 459300, 3784800;

459300, 3784700; 459500, 3784700;

459500, 3784600; 459600, 3784600;

459600, 3784500; 459700, 3784500;

459700, 3784300; 459800, 3784300;

459800, 3784200; 459900, 3784200;

459900, 3784000; 460000, 3784000;

460000, 3783900; 460100, 3783900;

460100, 3783700; 460200, 3783700;

460200, 3783600; 460300, 3783600;

460300, 3783500; 461100, 3783500;

461100, 3783600; 461200, 3783600;

461200, 3783700; 461400, 3783700;

461400, 3784100; 461300, 3784100;

461300, 3784300; 461200, 3784300;

461200, 3784400; 461100, 3784400;

461100, 3784500; 460900, 3784500;

460900, 3784600; 460800, 3784600;

460800, 3784700; 460600, 3784700;

460600, 3784800; 460400, 3784800;

460400, 3784900; 460300, 3784900;

460300, 3785000; 460200, 3785000;

460200, 3785200; 460300, 3785200;

460300, 3785300; 460500, 3785300;

460500, 3785200; 460700, 3785200;

460700, 3785100; 460900, 3785100;

460900, 3785000; 461000, 3785000;

461000, 3784900; 461200, 3784900;

461200, 3784800; 461800, 3784800;

461800, 3784700; 461900, 3784700;

461900, 3784600; 462000, 3784600;

462000, 3784500; 462100, 3784500;

462100, 3784400; 462200, 3784400;

462200, 3784200; 462300, 3784200;

462300, 3784000; 462400, 3784000;

462400, 3783700; 462500, 3783700;

462500, 3783400; 462600, 3783400;

462600, 3783200; 462900, 3783200;

462900, 3783100; 463200, 3783100;

463200, 3783000; 463400, 3783000;

463400, 3782900; 463500, 3782900;

463500, 3782700; 463600, 3782700;

463600, 3782400; 463700, 3782400;

463700, 3782300; 463800, 3782300;

463800, 3782200; 463900, 3782200;

463900, 3782100; 464100, 3782100;

464100, 3782400; 464000, 3782400;

464000, 3783300; 463900, 3783300;

463900, 3783400; 463800, 3783400;

463800, 3783700; 463900, 3783700;

463900, 3784100; 463800, 3784100;

463800, 3784200; 463600, 3784200;

463600, 3784300; 463500, 3784300;

463500, 3784400; 463400, 3784400;

463400, 3784500; 463300, 3784500;

463300, 3784700; 463200, 3784700;

463200, 3784800; 463100, 3784800;

463100, 3784900; 463000, 3784900;

463000, 3785000; 462900, 3785000;

462900, 3785100; 462800, 3785100;

462800, 3785200; 462700, 3785200;

462700, 3785300; 462500, 3785300;

462500, 3785200; 462300, 3785200;

462300, 3785300; 462200, 3785300;

462200, 3785500; 462000, 3785500;

462000, 3785600; 461900, 3785600;

461900, 3785800; 461800, 3785800;

461800, 3786000; 461700, 3786000;

461700, 3786200; 461500, 3786200;

461500, 3786300; 461400, 3786300;

461400, 3786400; 461300, 3786400;

461300, 3786500; 461200, 3786500;

461200, 3786600; 461100, 3786600;

461100, 3786700; 461000, 3786700;

77198 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

461000, 3786800; 460800, 3786800;

460800, 3786900; 460700, 3786900;

460700, 3787100; 460600, 3787100;

460600, 3787200; 460500, 3787200;

460500, 3787400; 460400, 3787400;

460400, 3787500; 460200, 3787500;

460200, 3787600; 460100, 3787600;

460100, 3787700; 460000, 3787700;

460000, 3787800; 459900, 3787800;

459900, 3787900; 459700, 3787900;

459700, 3788000; 459600, 3788000;

459600, 3788100; 459500, 3788100;

459500, 3788200; 459400, 3788200;

459400, 3788300; 459200, 3788300;

459200, 3788500; 459100, 3788500;

459100, 3788700; 459000, 3788700;

459000, 3788800; 458900, 3788800;

458900, 3788900; 458700, 3788900;

458700, 3789000; 458600, 3789000;

458600, 3789100; 458400, 3789100;

458400, 3789200; 458300, 3789200;

458300, 3789300; 458100, 3789300;

458100, 3789400; 458000, 3789400;

458000, 3789500; 457900, 3789500;

457900, 3789600; 457700, 3789600;

457700, 3789700; 457600, 3789700;

457600, 3789800; 457300, 3789800;

457300, 3789900; 457200, 3789900;

457200, 3790000; 457100, 3790000;

457100, 3790100; 457000, 3790100;

457000, 3790200; 456900, 3790200;

456900, 3790300; 456800, 3790300;

456800, 3790600; 456700, 3790600;

456700, 3791400; excluding land

bounded by 463100, 3786500; 463100,

3786600; 463000, 3786600; 463000,

3786500; 463100, 3786500; land

bounded by 463400, 3786300; 463400,

3786400; 463300, 3786400; 463300,

3786300; 463400, 3786300; land

bounded by 464900, 3784800; 464900,

3784700; 465000, 3784700; 465000,

3784800; 464900, 3784800; land

bounded by 465400, 3784300; 465400,

3784200; 465500, 3784200; 465500,

3784300; 465400, 3784300; land

bounded by 465400, 3784300; 465400,

3784400; 465300, 3784400; 465300,

3784300; 465400, 3784300; land

bounded by 463500, 3786200; 463500,

3786300; 463400, 3786300; 463400,

3786200; 463500, 3786200; land

bounded by 463600, 3786100; 463600,

3786200; 463500, 3786200; 463500,

3786100; 463600, 3786100; land

bounded by 464800, 3784900; 464800,

3784800; 464900, 3784800; 464900,

3784900; 464800, 3784900; land

bounded by 463700, 3786000; 463700,

3786100; 463600, 3786100; 463600,

3786000; 463700, 3786000; land

bounded by 463800, 3785900; 463800,

3786000; 463700, 3786000; 463700,

3785900; 463800, 3785900; land

bounded by 464700, 3785000; 464700,

3784900; 464800, 3784900; 464800,

3785000; 464700, 3785000; land

bounded by 463900, 3785800; 463900,

3785900; 463800, 3785900; 463800,

3785800; 463900, 3785800; land

bounded by 464000, 3785700; 464000,

3785800; 463900, 3785800; 463900,

3785700; 464000, 3785700; land

bounded by 464600, 3785100; 464600,

3785000; 464700, 3785000; 464700,

3785100; 464600, 3785100; land

bounded by 464100, 3785600; 464100,

3785700; 464000, 3785700; 464000,

3785600; 464100, 3785600; land

bounded by 464200, 3785500; 464200,

3785600; 464100, 3785600; 464100,

3785500; 464200, 3785500; land

bounded by 464500, 3785200; 464500,

3785100; 464600, 3785100; 464600,

3785200; 464500, 3785200; land

bounded by 464300, 3785400; 464300,

3785500; 464200, 3785500; 464200,

3785400; 464300, 3785400; land

bounded by 464400, 3785300; 464400,

3785200; 464500, 3785200; 464500,

3785300; 464400, 3785300; land

bounded by 464400, 3785300; 464400,

3785400; 464300, 3785400; 464300,

3785300; 464400, 3785300; and land

bounded by 463100, 3786500; 463100,

3786400; 463200, 3786400; 463200,

3786500; 463100, 3786500.

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77199

77200 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

Map Unit 3: San Jacinto River and

Bautista Creek, Riverside County,

California. From USGS quadrangle maps

Blackburn Canyon (1988), Hemet (1979),

Lake Fulmor (1988), San Jacinto (1979),

Lakeview (1979), and El Casco (1979),

California, land bounded by the

following UTM NAD27 coordinates (X,

Y): 506300, 3739000; 506300, 3739200;

506800, 3739200; 506800, 3738900;

506900, 3738900; 506900, 3738700;

507000, 3738700; 507000, 3738600;

507100, 3738600; 507100, 3738500;

507200, 3738500; 507200, 3738400;

507300, 3738400; 507300, 3738200;

507400, 3738200; 507400, 3738100;

507500, 3738100; 507500, 3738000;

507600, 3738000; 507600, 3737800;

507500, 3737800; 507500, 3737700;

507300, 3737700; 507300, 3737600;

507200, 3737600; 507200, 3737400;

507100, 3737400; 507100, 3737300;

507200, 3737300; 507200, 3737200;

507300, 3737200; 507300, 3737100;

507400, 3737100; 507400, 3737000;

507500, 3737000; 507500, 3736900;

507600, 3736900; 507600, 3736800;

507700, 3736800; 507700, 3736700;

507800, 3736700; 507800, 3736600;

507900, 3736600; 507900, 3736500;

508000, 3736500; 508000, 3736400;

508100, 3736400; 508100, 3736300;

508500, 3736300; 508500, 3736500;

508600, 3736500; 508600, 3736700;

508700, 3736700; 508700, 3736900;

508800, 3736900; 508800, 3737100;

508900, 3737100; 508900, 3737200;

509000, 3737200; 509000, 3737400;

509100, 3737400; 509100, 3737500;

509200, 3737500; 509200, 3737600;

509300, 3737600; 509300, 3737700;

509400, 3737700; 509400, 3737800;

509500, 3737800; 509500, 3737900;

509700, 3737900; 509700, 3738000;

509800, 3738000; 509800, 3738100;

509900, 3738100; 509900, 3738200;

510100, 3738200; 510100, 3738300;

510300, 3738300; 510300, 3738400;

510400, 3738400; 510400, 3738700;

510500, 3738700; 510500, 3738900;

510600, 3738900; 510600, 3739000;

510700, 3739000; 510700, 3739300;

510900, 3739300; 510900, 3739200;

511000, 3739200; 511000, 3739000;

511200, 3739000; 511200, 3738700;

510900, 3738700; 510900, 3738800;

510800, 3738800; 510800, 3738300;

510700, 3738300; 510700, 3738200;

510600, 3738200; 510600, 3738100;

510500, 3738100; 510500, 3738000;

510400, 3738000; 510400, 3737900;

510300, 3737900; 510300, 3737600;

510100, 3737600; 510100, 3737500;

509800, 3737500; 509800, 3737400;

509700, 3737400; 509700, 3737300;

509500, 3737300; 509500, 3737200;

509400, 3737200; 509400, 3737100;

509300, 3737100; 509300, 3736900;

509200, 3736900; 509200, 3736800;

509100, 3736800; 509100, 3736700;

509000, 3736700; 509000, 3736600;

508900, 3736600; 508900, 3736500;

508800, 3736500; 508800, 3736300;

509100, 3736300; 509100, 3736200;

509300, 3736200; 509300, 3736100;

509600, 3736100; 509600, 3736000;

510000, 3736000; 510000, 3736100;

510600, 3736100; 510600, 3736000;

510700, 3736000; 510700, 3735900;

511000, 3735900; 511000, 3735800;

511200, 3735800; 511200, 3735700;

511300, 3735700; 511300, 3735600;

511400, 3735600; 511400, 3735500;

511800, 3735500; 511800, 3735600;

512900, 3735600; 512900, 3735700;

513300, 3735700; 513300, 3735800;

513400, 3735800; 513400, 3735900;

513500, 3735900; 513500, 3736000;

513600, 3736000; 513600, 3736400;

513700, 3736400; 513700, 3736500;

513800, 3736500; 513800, 3736700;

514000, 3736700; 514000, 3736600;

514200, 3736600; 514200, 3736400;

514300, 3736400; 514300, 3736300;

514200, 3736300; 514200, 3735900;

514100, 3735900; 514100, 3736000;

513800, 3736000; 513800, 3735900;

513700, 3735900; 513700, 3735700;

513600, 3735700; 513600, 3735500;

513500, 3735500; 513500, 3735400;

513300, 3735400; 513300, 3735300;

513200, 3735300; 513200, 3735200;

512400, 3735200; 512400, 3735300;

512200, 3735300; 512200, 3735200;

511800, 3735200; 511800, 3735100;

511900, 3735100; 511900, 3735000;

512000, 3735000; 512000, 3734800;

512100, 3734800; 512100, 3734700;

512200, 3734700; 512200, 3734600;

512300, 3734600; 512300, 3734500;

512400, 3734500; 512400, 3734400;

512700, 3734400; 512700, 3734300;

513100, 3734300; 513100, 3734200;

513300, 3734200; 513300, 3734100;

513700, 3734100; 513700, 3734000;

513900, 3734000; 513900, 3733900;

514200, 3733900; 514200, 3733800;

514300, 3733800; 514300, 3733700;

514400, 3733700; 514400, 3733600;

514500, 3733600; 514500, 3733500;

515200, 3733500; 515200, 3733400;

515500, 3733400; 515500, 3733300;

515600, 3733300; 515600, 3733400;

515800, 3733400; 515800, 3733300;

516000, 3733300; 516000, 3733200;

516100, 3733200; 516100, 3733100;

516300, 3733100; 516300, 3733000;

516700, 3733000; 516700, 3732900;

517100, 3732900; 517100, 3732800;

517200, 3732800; 517200, 3732700;

517300, 3732700; 517300, 3732600;

517400, 3732600; 517400, 3732500;

517500, 3732500; 517500, 3732400;

517700, 3732400; 517700, 3732300;

518100, 3732300; 518100, 3732200;

518200, 3732200; 518200, 3732100;

518100, 3732100; 518100, 3732000;

518000, 3732000; 518000, 3731900;

518100, 3731900; 518100, 3731800;

518500, 3731800; 518500, 3731700;

518600, 3731700; 518600, 3731500;

518700, 3731500; 518700, 3731400;

518900, 3731400; 518900, 3731100;

519100, 3731100; 519100, 3731000;

519200, 3731000; 519200, 3730900;

519300, 3730900; 519300, 3730800;

519500, 3730800; 519500, 3730700;

519800, 3730700; 519800, 3730500;

520000, 3730500; 520000, 3730400;

520100, 3730400; 520100, 3730000;

520200, 3730000; 520200, 3729900;

519900, 3729900; 519900, 3730000;

519800, 3730000; 519800, 3730100;

519600, 3730100; 519600, 3730200;

519500, 3730200; 519500, 3730300;

519400, 3730300; 519400, 3730400;

519000, 3730400; 519000, 3730500;

518900, 3730500; 518900, 3730600;

518800, 3730600; 518800, 3730700;

518500, 3730700; 518500, 3730800;

518300, 3730800; 518300, 3730900;

518200, 3730900; 518200, 3731000;

518100, 3731000; 518100, 3731100;

518000, 3731100; 518000, 3731200;

517900, 3731200; 517900, 3731400;

517800, 3731400; 517800, 3731500;

517700, 3731500; 517700, 3731700;

517600, 3731700; 517600, 3731900;

517500, 3731900; 517500, 3732000;

517400, 3732000; 517400, 3732100;

517300, 3732100; 517300, 3732200;

517200, 3732200; 517200, 3732300;

517100, 3732300; 517100, 3732400;

516700, 3732400; 516700, 3732500;

516600, 3732500; 516600, 3732400;

516400, 3732400; 516400, 3732500;

516200, 3732500; 516200, 3732600;

516100, 3732600; 516100, 3732700;

516000, 3732700; 516000, 3732800;

515900, 3732800; 515900, 3732700;

515600, 3732700; 515600, 3732800;

515200, 3732800; 515200, 3732900;

515000, 3732900; 515000, 3733000;

514600, 3733000; 514600, 3733100;

514300, 3733100; 514300, 3733200;

513900, 3733200; 513900, 3733300;

513500, 3733300; 513500, 3733400;

513100, 3733400; 513100, 3733500;

512800, 3733500; 512800, 3733600;

512600, 3733600; 512600, 3733700;

512400, 3733700; 512400, 3733800;

512200, 3733800; 512200, 3733900;

511900, 3733900; 511900, 3734100;

511600, 3734100; 511600, 3734200;

511500, 3734200; 511500, 3734300;

511400, 3734300; 511400, 3734400;

511200, 3734400; 511200, 3734500;

511100, 3734500; 511100, 3734600;

511000, 3734600; 511000, 3734700;

510900, 3734700; 510900, 3734800;

510800, 3734800; 510800, 3735000;

510700, 3735000; 510700, 3735400;

510600, 3735400; 510600, 3735500;

510200, 3735500; 510200, 3735600;

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77201

510000, 3735600; 510000, 3735500;

509300, 3735500; 509300, 3735600;

508700, 3735600; 508700, 3735200;

508800, 3735200; 508800, 3735000;

508900, 3735000; 508900, 3734700;

509000, 3734700; 509000, 3734600;

509100, 3734600; 509100, 3734500;

509200, 3734500; 509200, 3734400;

509300, 3734400; 509300, 3734300;

509400, 3734300; 509400, 3734200;

509500, 3734200; 509500, 3734100;

509600, 3734100; 509600, 3734000;

509700, 3734000; 509700, 3733900;

509800, 3733900; 509800, 3733700;

510100, 3733700; 510100, 3733500;

510200, 3733500; 510200, 3733100;

510500, 3733100; 510500, 3733000;

510600, 3733000; 510600, 3732500;

510500, 3732500; 510500, 3732400;

510600, 3732400; 510600, 3732300;

511100, 3732300; 511100, 3731900;

511200, 3731900; 511200, 3731700;

511300, 3731700; 511300, 3731500;

511400, 3731500; 511400, 3731400;

511500, 3731400; 511500, 3731300;

511700, 3731300; 511700, 3731200;

512200, 3731200; 512200, 3731100;

512400, 3731100; 512400, 3731000;

512700, 3731000; 512700, 3730900;

512900, 3730900; 512900, 3730500;

512300, 3730500; 512300, 3730600;

512000, 3730600; 512000, 3730500;

512100, 3730500; 512100, 3730400;

512300, 3730400; 512300, 3730300;

512500, 3730300; 512500, 3730200;

512600, 3730200; 512600, 3730000;

512800, 3730000; 512800, 3729900;

513000, 3729900; 513000, 3729800;

513100, 3729800; 513100, 3729700;

513200, 3729700; 513200, 3729600;

513300, 3729600; 513300, 3729500;

513400, 3729500; 513400, 3729400;

513500, 3729400; 513500, 3729300;

513600, 3729300; 513600, 3729200;

513700, 3729200; 513700, 3729100;

513900, 3729100; 513900, 3729000;

514000, 3729000; 514000, 3728800;

514100, 3728800; 514100, 3728700;

514200, 3728700; 514200, 3728300;

514300, 3728300; 514300, 3728100;

514400, 3728100; 514400, 3727900;

514500, 3727900; 514500, 3727700;

514700, 3727700; 514700, 3727600;

514800, 3727600; 514800, 3727400;

514900, 3727400; 514900, 3727100;

515000, 3727100; 515000, 3727000;

515100, 3727000; 515100, 3726900;

515200, 3726900; 515200, 3726800;

515300, 3726800; 515300, 3726600;

515400, 3726600; 515400, 3726500;

515500, 3726500; 515500, 3726200;

515600, 3726200; 515600, 3726000;

515700, 3726000; 515700, 3725800;

515800, 3725800; 515800, 3725700;

515900, 3725700; 515900, 3725600;

516000, 3725600; 516000, 3725300;

515900, 3725300; 515900, 3725200;

516000, 3725200; 516000, 3725000;

516100, 3725000; 516100, 3724900;

516200, 3724900; 516200, 3724800;

516300, 3724800; 516300, 3724700;

516400, 3724700; 516400, 3724600;

516500, 3724600; 516500, 3724500;

516600, 3724500; 516600, 3724300;

516500, 3724300; 516500, 3724100;

516200, 3724100; 516200, 3724200;

516100, 3724200; 516100, 3724300;

516000, 3724300; 516000, 3724400;

515900, 3724400; 515900, 3724500;

515800, 3724500; 515800, 3724600;

515700, 3724600; 515700, 3724700;

515600, 3724700; 515600, 3724800;

515500, 3724800; 515500, 3725500;

515400, 3725500; 515400, 3725700;

515300, 3725700; 515300, 3725800;

515200, 3725800; 515200, 3726100;

515100, 3726100; 515100, 3726200;

515000, 3726200; 515000, 3726300;

514900, 3726300; 514900, 3726400;

514800, 3726400; 514800, 3726700;

514700, 3726700; 514700, 3726800;

514600, 3726800; 514600, 3727000;

514500, 3727000; 514500, 3727200;

514400, 3727200; 514400, 3727300;

514200, 3727300; 514200, 3727500;

514000, 3727500; 514000, 3727600;

513900, 3727600; 513900, 3728000;

513800, 3728000; 513800, 3728200;

513700, 3728200; 513700, 3728300;

513600, 3728300; 513600, 3728500;

513500, 3728500; 513500, 3728600;

513400, 3728600; 513400, 3728700;

513300, 3728700; 513300, 3728800;

513100, 3728800; 513100, 3728900;

513000, 3728900; 513000, 3729000;

512900, 3729000; 512900, 3729100;

512700, 3729100; 512700, 3729200;

512600, 3729200; 512600, 3729300;

512400, 3729300; 512400, 3729400;

512300, 3729400; 512300, 3729500;

512200, 3729500; 512200, 3729600;

512000, 3729600; 512000, 3729700;

511900, 3729700; 511900, 3729800;

511700, 3729800; 511700, 3729900;

511600, 3729900; 511600, 3730000;

511500, 3730000; 511500, 3730100;

511400, 3730100; 511400, 3730200;

511300, 3730200; 511300, 3730300;

511200, 3730300; 511200, 3730400;

511100, 3730400; 511100, 3730500;

511000, 3730500; 511000, 3730600;

510800, 3730600; 510800, 3730700;

510700, 3730700; 510700, 3730800;

510600, 3730800; 510600, 3730900;

510500, 3730900; 510500, 3731100;

510400, 3731100; 510400, 3731200;

510300, 3731200; 510300, 3731300;

510200, 3731300; 510200, 3731400;

510100, 3731400; 510100, 3731600;

510000, 3731600; 510000, 3731700;

509900, 3731700; 509900, 3731800;

509800, 3731800; 509800, 3731900;

509700, 3731900; 509700, 3732100;

509600, 3732100; 509600, 3732300;

509500, 3732300; 509500, 3732500;

509400, 3732500; 509400, 3733300;

509700, 3733300; 509700, 3733600;

509600, 3733600; 509600, 3733700;

509500, 3733700; 509500, 3733800;

509200, 3733800; 509200, 3734000;

509100, 3734000; 509100, 3734100;

508800, 3734100; 508800, 3734400;

508700, 3734400; 508700, 3734600;

508600, 3734600; 508600, 3734800;

508500, 3734800; 508500, 3735000;

508400, 3735000; 508400, 3735200;

508300, 3735200; 508300, 3735600;

508400, 3735600; 508400, 3735700;

508300, 3735700; 508300, 3735800;

507900, 3735800; 507900, 3735900;

507100, 3735900; 507100, 3736000;

507000, 3736000; 507000, 3736100;

506900, 3736100; 506900, 3736200;

506800, 3736200; 506800, 3736300;

506700, 3736300; 506700, 3736400;

506600, 3736400; 506600, 3736500;

506500, 3736500; 506500, 3736600;

506400, 3736600; 506400, 3736700;

506300, 3736700; 506300, 3736800;

506200, 3736800; 506200, 3737300;

506100, 3737300; 506100, 3737400;

506000, 3737400; 506000, 3737500;

505900, 3737500; 505900, 3737600;

505700, 3737600; 505700, 3738100;

505800, 3738100; 505800, 3738400;

505700, 3738400; 505700, 3738600;

505600, 3738600; 505600, 3738800;

505500, 3738800; 505500, 3739100;

505400, 3739100; 505400, 3739400;

505300, 3739400; 505300, 3739600;

505200, 3739600; 505200, 3739800;

505100, 3739800; 505100, 3739900;

505000, 3739900; 505000, 3740100;

504900, 3740100; 504900, 3740200;

504800, 3740200; 504800, 3740300;

504700, 3740300; 504700, 3740400;

504600, 3740400; 504600, 3740500;

504500, 3740500; 504500, 3740600;

504400, 3740600; 504400, 3740700;

504300, 3740700; 504300, 3740800;

504200, 3740800; 504200, 3740900;

504000, 3740900; 504000, 3740800;

503600, 3740800; 503600, 3741300;

503400, 3741300; 503400, 3741400;

503300, 3741400; 503300, 3741500;

503100, 3741500; 503100, 3741600;

502900, 3741600; 502900, 3741700;

502600, 3741700; 502600, 3741800;

502000, 3741800; 502000, 3742300;

501900, 3742300; 501900, 3742400;

501600, 3742400; 501600, 3742600;

501400, 3742600; 501400, 3742700;

501200, 3742700; 501200, 3742800;

501000, 3742800; 501000, 3742900;

500800, 3742900; 500800, 3743000;

500600, 3743000; 500600, 3743100;

500500, 3743100; 500500, 3743200;

500200, 3743200; 500200, 3743300;

499900, 3743300; 499900, 3743400;

499600, 3743400; 499600, 3743500;

499400, 3743500; 499400, 3743600;

499200, 3743600; 499200, 3743700;

499000, 3743700; 499000, 3743800;

498900, 3743800; 498900, 3743900;

77202 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

498700, 3743900; 498700, 3744000;

497200, 3744000; 497200, 3744400;

497100, 3744400; 497100, 3744500;

496900, 3744500; 496900, 3744600;

496700, 3744600; 496700, 3744700;

496600, 3744700; 496600, 3744800;

496400, 3744800; 496400, 3744900;

496200, 3744900; 496200, 3745000;

495900, 3745000; 495900, 3744900;

495600, 3744900; 495600, 3744800;

494900, 3744800; 494900, 3744900;

494700, 3744900; 494700, 3745000;

494600, 3745000; 494600, 3745100;

494400, 3745100; 494400, 3745200;

494300, 3745200; 494300, 3745300;

494100, 3745300; 494100, 3745400;

494000, 3745400; 494000, 3745500;

493800, 3745500; 493800, 3745600;

493600, 3745600; 493600, 3745700;

493500, 3745700; 493500, 3745800;

493300, 3745800; 493300, 3745900;

493100, 3745900; 493100, 3746000;

493000, 3746000; 493000, 3746100;

492800, 3746100; 492800, 3746200;

492700, 3746200; 492700, 3746300;

492500, 3746300; 492500, 3746400;

491300, 3746400; 491300, 3747700;

491400, 3747700; 491400, 3747900;

492100, 3747900; 492100, 3747700;

492200, 3747700; 492200, 3747600;

492300, 3747600; 492300, 3747500;

492400, 3747500; 492400, 3747400;

492500, 3747400; 492500, 3747300;

492700, 3747300; 492700, 3747200;

492900, 3747200; 492900, 3747100;

493100, 3747100; 493100, 3746900;

493300, 3746900; 493300, 3747000;

493800, 3747000; 493800, 3746900;

494000, 3746900; 494000, 3746800;

494900, 3746800; 494900, 3746900;

495100, 3746900; 495100, 3746800;

495000, 3746800; 495000, 3746700;

494900, 3746700; 494900, 3746600;

494700, 3746600; 494700, 3746500;

494600, 3746500; 494600, 3746400;

494500, 3746400; 494500, 3746300;

494300, 3746300; 494300, 3746200;

494200, 3746200; 494200, 3746100;

494000, 3746100; 494000, 3746000;

493900, 3746000; 493900, 3745900;

493800, 3745900; 493800, 3745700;

494000, 3745700; 494000, 3745600;

494200, 3745600; 494200, 3745500;

494300, 3745500; 494300, 3745400;

494500, 3745400; 494500, 3745300;

494700, 3745300; 494700, 3745200;

494900, 3745200; 494900, 3745100;

495100, 3745100; 495100, 3745000;

495300, 3745000; 495300, 3745100;

495600, 3745100; 495600, 3745200;

496500, 3745200; 496500, 3745100;

496700, 3745100; 496700, 3745000;

496800, 3745000; 496800, 3744900;

496900, 3744900; 496900, 3744800;

497100, 3744800; 497100, 3744700;

497300, 3744700; 497300, 3744600;

497400, 3744600; 497400, 3744700;

497700, 3744700; 497700, 3744600;

498000, 3744600; 498000, 3744500;

498200, 3744500; 498200, 3744400;

498400, 3744400; 498400, 3744300;

498700, 3744300; 498700, 3744200;

498900, 3744200; 498900, 3744100;

499100, 3744100; 499100, 3744000;

499300, 3744000; 499300, 3743900;

499400, 3743900; 499400, 3743800;

499600, 3743800; 499600, 3743700;

499700, 3743700; 499700, 3744700;

499800, 3744700; 499800, 3744900;

500100, 3744900; 500100, 3744800;

500200, 3744800; 500200, 3744700;

500400, 3744700; 500400, 3744800;

500500, 3744800; 500500, 3744900;

500600, 3744900; 500600, 3744700;

500500, 3744700; 500500, 3744500;

500700, 3744500; 500700, 3744400;

500800, 3744400; 500800, 3744200;

500900, 3744200; 500900, 3743900;

500800, 3743900; 500800, 3743700;

500900, 3743700; 500900, 3743400;

500800, 3743400; 500800, 3743200;

501000, 3743200; 501000, 3743100;

501200, 3743100; 501200, 3743000;

501400, 3743000; 501400, 3742900;

501600, 3742900; 501600, 3742800;

501700, 3742800; 501700, 3742700;

501900, 3742700; 501900, 3742600;

502100, 3742600; 502100, 3742500;

502200, 3742500; 502200, 3742600;

502600, 3742600; 502600, 3742500;

502700, 3742500; 502700, 3742400;

503100, 3742400; 503100, 3742300;

503200, 3742300; 503200, 3742200;

503300, 3742200; 503300, 3742100;

503600, 3742100; 503600, 3742000;

503800, 3742000; 503800, 3741800;

503900, 3741800; 503900, 3741700;

504000, 3741700; 504000, 3741600;

504200, 3741600; 504200, 3741500;

504300, 3741500; 504300, 3741400;

504500, 3741400; 504500, 3741300;

504700, 3741300; 504700, 3741200;

504800, 3741200; 504800, 3741100;

504900, 3741100; 504900, 3741000;

505200, 3741000; 505200, 3740900;

505300, 3740900; 505300, 3740800;

505500, 3740800; 505500, 3740700;

505600, 3740700; 505600, 3740600;

505700, 3740600; 505700, 3740500;

505800, 3740500; 505800, 3740400;

505900, 3740400; 505900, 3740200;

506000, 3740200; 506000, 3740000;

505900, 3740000; 505900, 3739900;

505800, 3739900; 505800, 3739600;

505900, 3739600; 505900, 3739300;

506000, 3739300; 506000, 3739100;

506200, 3739100; 506200, 3739000;

506300, 3739000; excluding land

bounded by 506300, 3739000; 506300,

3738500; 506400, 3738500; 506400,

3738400; 506500, 3738400; 506500,

3738300; 506600, 3738300; 506600,

3738100; 506800, 3738100; 506800,

3738200; 506900, 3738200; 506900,

3738400; 506600, 3738400; 506600,

3738500; 506500, 3738500; 506500,

3738700; 506400, 3738700; 506400,

3739000; 506300, 3739000.

Additional land bounded by the

following UTM NAD27 coordinates (X,

Y): 493000, 3749100; 492800, 3749100;

492800, 3749200; 492600, 3749200;

492600, 3749100; 492400, 3749100;

492400, 3749300; 492300, 3749300;

492300, 3749700; 492200, 3749700;

492200, 3750100; 492300, 3750100;

492300, 3750500; 492400, 3750500;

492400, 3750400; 492500, 3750400;

492500, 3750300; 492600, 3750300;

492600, 3750200; 492700, 3750200;

492700, 3750100; 492800, 3750100;

492800, 3750000; 493000, 3750000;

493000, 3749900; 493300, 3749900;

493300, 3750000; 493400, 3750000;

493400, 3750200; 493500, 3750200;

493500, 3750400; 493600, 3750400;

493600, 3750500; 493700, 3750500;

493700, 3750800; 493800, 3750800;

493800, 3751500; 493900, 3751500;

493900, 3751600; 493800, 3751600;

493800, 3751700; 493700, 3751700;

493700, 3752200; 493900, 3752200;

493900, 3752100; 494000, 3752100;

494000, 3751800; 494100, 3751800;

494100, 3751700; 494200, 3751700;

494200, 3751300; 494100, 3751300;

494100, 3751000; 494000, 3751000;

494000, 3750600; 493900, 3750600;

493900, 3750400; 493800, 3750400;

493800, 3750100; 493700, 3750100;

493700, 3749900; 493800, 3749900;

493800, 3749800; 494000, 3749800;

494000, 3749700; 494100, 3749700;

494100, 3749600; 494300, 3749600;

494300, 3749500; 494400, 3749500;

494400, 3749400; 494500, 3749400;

494500, 3749300; 494600, 3749300;

494600, 3749200; 494700, 3749200;

494700, 3749100; 494800, 3749100;

494800, 3749000; 495000, 3749000;

495000, 3748900; 495100, 3748900;

495100, 3748800; 495200, 3748800;

495200, 3748600; 495300, 3748600;

495300, 3748400; 495400, 3748400;

495400, 3748200; 495500, 3748200;

495500, 3748100; 495600, 3748100;

495600, 3748000; 495700, 3748000;

495700, 3747900; 495800, 3747900;

495800, 3747800; 496000, 3747800;

496000, 3747700; 496100, 3747700;

496100, 3747500; 496000, 3747500;

496000, 3747400; 495800, 3747400;

495800, 3747300; 495700, 3747300;

495700, 3747200; 495600, 3747200;

495600, 3747100; 495400, 3747100;

495400, 3747000; 495300, 3747000;

495300, 3746900; 495100, 3746900;

495100, 3747000; 495200, 3747000;

495200, 3747100; 495300, 3747100;

495300, 3747200; 495400, 3747200;

495400, 3747400; 495500, 3747400;

495500, 3747700; 495400, 3747700;

495400, 3747800; 495300, 3747800;

495300, 3748000; 495200, 3748000;

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77203

495200, 3748100; 495100, 3748100;

495100, 3748300; 495000, 3748300;

495000, 3748400; 494800, 3748400;

494800, 3748500; 494100, 3748500;

494100, 3748600; 493500, 3748600;

493500, 3748700; 493000, 3748700;

493000, 3748800; 492800, 3748800;

492800, 3748900; 492900, 3748900;

492900, 3749000; 493000, 3749000;

493000, 3749100; excluding land

bounded by 493000, 3749100; 493100,

3749100; 493100, 3749200; 493000,

3749200; 493000, 3749100; land

bounded by 493600, 3749600; 493600,

3748900; 493700, 3748900; 493700,

3748800; 493800, 3748800; 493800,

3749500; 493700, 3749500; 493700,

3749600; 493600, 3749600; and land

bounded by 494200, 3749100; 494200,

3748600; 494300, 3748600; 494300,

3749100; 494200, 3749100.

77204 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

Map Unit 4: Etiwanda Alluvial Fan

and Wash, San Bernardino County,

California. From USGS 1:24,000

quadrangle maps Fontana (1980), Guasti

(1981), Devore (1988), and Cucamonga

Peak (1988), California, land bounded

by the following UTM NAD27

coordinates (X, Y): 455000, 3781700;

455300, 3781700; 455300, 3781500;

455400, 3781500; 455400, 3781300;

455500, 3781300; 455500, 3781100;

455700, 3781100; 455700, 3781000;

455800, 3781000; 455800, 3780800;

455500, 3780800; 455500, 3780900;

455400, 3780900; 455400, 3780800;

455300, 3780800; 455300, 3780500;

455200, 3780500; 455200, 3780100;

455100, 3780100; 455100, 3778800;

455000, 3778800; 455000, 3778700;

454600, 3778700; 454600, 3779000;

454500, 3779000; 454500, 3779200;

454400, 3779200; 454400, 3779400;

454500, 3779400; 454500, 3780100;

454400, 3780100; 454400, 3780200;

454200, 3780200; 454200, 3780400;

453900, 3780400; 453900, 3778800;

454300, 3778800; 454300, 3778000;

454400, 3778000; 454400, 3778100;

454500, 3778100; 454500, 3778200;

454900, 3778200; 454900, 3778300;

455000, 3778300; 455000, 3778500;

455100, 3778500; 455100, 3778700;

455200, 3778700; 455200, 3778800;

455900, 3778800; 455900, 3776100;

455500, 3776100; 455500, 3775500;

454200, 3775500; 454200, 3775600;

454100, 3775600; 454100, 3775200;

453600, 3775200; 453600, 3775100;

453500, 3775100; 453500, 3775000;

453400, 3775000; 453400, 3774900;

453300, 3774900; 453300, 3774800;

453200, 3774800; 453200, 3774700;

453100, 3774700; 453100, 3774600;

453000, 3774600; 453000, 3774400;

452900, 3774400; 452900, 3774200;

452800, 3774200; 452800, 3773900;

452700, 3773900; 452700, 3773100;

452600, 3773100; 452600, 3773000;

452100, 3773000; 452100, 3772400;

452700, 3772400; 452700, 3772500;

453000, 3772500; 453000, 3772100;

452600, 3772100; 452600, 3772000;

452000, 3772000; 452000, 3770600;

451800, 3770600; 451800, 3769700;

451700, 3769700; 451700, 3769600;

451600, 3769600; 451600, 3769500;

451100, 3769500; 451100, 3769800;

451000, 3769800; 451000, 3770300;

451400, 3770300; 451400, 3770500;

451200, 3770500; 451200, 3770900;

451400, 3770900; 451400, 3771100;

451700, 3771100; 451700, 3771600;

450600, 3771600; 450600, 3771400;

450400, 3771400; 450400, 3771300;

449900, 3771300; 449900, 3771500;

449800, 3771500; 449800, 3772200;

449900, 3772200; 449900, 3772400;

450500, 3772400; 450500, 3773000;

450100, 3773000; 450100, 3775600;

450300, 3775600; 450300, 3775900;

450100, 3775900; 450100, 3776400;

450700, 3776400; 450700, 3775600;

450800, 3775600; 450800, 3775400;

451400, 3775400; 451400, 3775100;

452100, 3775100; 452100, 3775200;

452200, 3775200; 452200, 3775500;

452400, 3775500; 452400, 3775700;

452600, 3775700; 452600, 3776000;

453000, 3776000; 453000, 3776400;

453400, 3776400; 453400, 3776500;

453500, 3776500; 453500, 3777100;

453000, 3777100; 453000, 3778000;

452900, 3778000; 452900, 3778200;

452200, 3778200; 452200, 3778700;

451800, 3778700; 451800, 3779500;

451500, 3779500; 451500, 3779400;

451400, 3779400; 451400, 3779300;

451300, 3779300; 451300, 3779200;

451200, 3779200; 451200, 3779100;

451100, 3779100; 451100, 3779000;

451000, 3779000; 451000, 3778900;

450900, 3778900; 450900, 3778800;

451100, 3778800; 451100, 3778000;

451000, 3778000; 451000, 3777100;

450000, 3777100; 450000, 3777800;

449800, 3777800; 449800, 3777900;

448300, 3777900; 448300, 3778000;

448200, 3778000; 448200, 3778300;

448300, 3778300; 448300, 3778500;

448400, 3778500; 448400, 3779400;

448300, 3779400; 448300, 3779500;

448200, 3779500; 448200, 3779700;

448100, 3779700; 448100, 3780200;

448300, 3780200; 448300, 3780300;

447000, 3780300; 447000, 3781500;

448100, 3781500; 448100, 3781400;

448300, 3781400; 448300, 3781300;

448500, 3781300; 448500, 3781200;

449100, 3781200; 449100, 3781300;

449800, 3781300; 449800, 3781200;

450500, 3781200; 450500, 3781300;

450900, 3781300; 450900, 3781400;

452100, 3781400; 452100, 3781300;

452500, 3781300; 452500, 3781200;

452800, 3781200; 452800, 3781100;

453000, 3781100; 453000, 3781000;

453100, 3781000; 453100, 3780900;

454000, 3780900; 454000, 3780800;

454700, 3780800; 454700, 3780900;

455000, 3780900; 455000, 3781000;

455100, 3781000; 455100, 3781100;

455200, 3781100; 455200, 3781200;

455100, 3781200; 455100, 3781600;

455000, 3781600; 455000, 3781700;

excluding land bounded by 453900,

3776700; 453800, 3776700; 453800,

3776600; 453900, 3776600; 453900,

3776700; land bounded by 453900,

3776700; 454100, 3776700; 454100,

3776800; 454300, 3776800; 454300,

3776900; 454400, 3776900; 454400,

3777000; 454500, 3777000; 454500,

3777100; 455000, 3777100; 455000,

3777900; 454900, 3777900; 454900,

3777800; 454800, 3777800; 454800,

3777700; 454700, 3777700; 454700,

3777600; 454600, 3777600; 454600,

3777500; 454400, 3777500; 454400,

3777400; 454300, 3777400; 454300,

3777300; 454100, 3777300; 454100,

3777200; 453800, 3777200; 453800,

3776900; 453900, 3776900; 453900,

3776700; land bounded by 453300,

3775800; 453300, 3775500; 452700,

3775500; 452700, 3774700; 452800,

3774700; 452800, 3774800; 452900,

3774800; 452900, 3774900; 453000,

3774900; 453000, 3775000; 453100,

3775000; 453100, 3775100; 453200,

3775100; 453200, 3775200; 453300,

3775200; 453300, 3775300; 453400,

3775300; 453400, 3775400; 453500,

3775400; 453500, 3775500; 453600,

3775500; 453600, 3775600; 453700,

3775600; 453700, 3775700; 453800,

3775700; 453800, 3775800; 453300,

3775800; land bounded by 452300,

3774600; 452300, 3774400; 451900,

3774400; 451900, 3774300; 452400,

3774300; 452400, 3774400; 452500,

3774400; 452500, 3774500; 452600,

3774500; 452600, 3774600; 452300,

3774600; and land bounded by 450900,

3773800; 450900, 3773700; 450800,

3773700; 450800, 3773600; 450700,

3773600; 450700, 3773500; 451000,

3773500; 451000, 3773000; 450700,

3773000; 450700, 3772400; 451000,

3772400; 451000, 3771900; 451700,

3771900; 451700, 3772700; 451800,

3772700; 451800, 3773000; 451900,

3773000; 451900, 3773300; 452000,

3773300; 452000, 3773500; 452100,

3773500; 452100, 3773800; 450900,

3773800.

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77205

77206 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

Map Unit 5: Reche Canyon, San

Bernardino County, California. From

USGS 1:24,000 quadrangle map San

Bernardino South (1980), California,

land bounded by the following UTM

NAD27 coordinates (X, Y): 474200,

3767800; 474400, 3767800; 474400,

3767200; 474100, 3767200; 474100,

3767100; 474000, 3767100; 474000,

3767000; 473800, 3767000; 473800,

3766700; 473900, 3766700; 473900,

3766600; 474000, 3766600; 474000,

3766500; 474100, 3766500; 474100,

3766200; 474200, 3766200; 474200,

3765800; 474100, 3765800; 474100,

3765700; 473600, 3765700; 473600,

3766100; 473500, 3766100; 473500,

3767100; 473400, 3767100; 473400,

3767200; 473300, 3767200; 473300,

3767400; 473200, 3767400; 473200,

3767500; 473400, 3767500; 473400,

3767600; 473900, 3767600; 473900,

3767700; 474200, 3767700; 474200,

3767800.

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 77207

Map Unit 6: Jurupa Hills—South

Bloomington, San Bernardino and

Riverside Counties, California. From

USGS 1:24,000 quadrangle map Fontana

(1980), California, land bounded by the

following UTM NAD27 coordinates (X,

Y): 459800, 3769000; 460900, 3769000;

460900, 3768500; 461100, 3768500;

461100, 3767500; 461500, 3767500;

461500, 3767600; 461600, 3767600;

461600, 3767900; 461800, 3767900;

461800, 3767700; 462200, 3767700;

462200, 3767600; 462300, 3767600;

462300, 3767500; 462900, 3767500;

462900, 3767200; 463000, 3767200;

463000, 3766900; 462300, 3766900;

462300, 3766700; 462800, 3766700;

462800, 3766600; 463200, 3766600;

463200, 3766400; 463300, 3766400;

463300, 3766300; 463600, 3766300;

463600, 3766100; 463700, 3766100;

463700, 3766000; 463800, 3766000;

463800, 3765900; 463900, 3765900;

463900, 3765800; 464000, 3765800;

464000, 3765600; 463700, 3765600;

463700, 3765700; 463300, 3765700;

463300, 3765600; 463100, 3765600;

463100, 3765700; 463000, 3765700;

463000, 3766000; 462900, 3766000;

462900, 3766100; 462600, 3766100;

462600, 3766000; 462500, 3766000;

462500, 3765900; 462400, 3765900;

462400, 3765800; 462300, 3765800;

462300, 3765700; 462200, 3765700;

462200, 3765600; 461800, 3765600;

461800, 3765700; 461500, 3765700;

461500, 3765600; 461400, 3765600;

461400, 3765500; 461300, 3765500;

461300, 3765400; 461200, 3765400;

461200, 3765300; 461100, 3765300;

461100, 3765200; 460700, 3765200;

460700, 3765300; 460600, 3765300;

460600, 3765200; 460200, 3765200;

460200, 3765400; 460100, 3765400;

460100, 3765500; 460000, 3765500;

460000, 3765700; 459900, 3765700;

459900, 3765800; 459800, 3765800;

459800, 3766800; 459600, 3766800;

459600, 3766900; 459400, 3766900;

459400, 3766800; 459200, 3766800;

459200, 3766600; 458900, 3766600;

458900, 3766700; 458200, 3766700;

458200, 3766600; 458100, 3766600;

458100, 3766500; 458000, 3766500;

458000, 3766400; 457900, 3766400;

457900, 3766200; 457800, 3766200;

457800, 3766100; 457700, 3766100;

457700, 3765900; 457600, 3765900;

457600, 3765500; 457500, 3765500;

457500, 3765300; 457400, 3765300;

457400, 3765200; 457300, 3765200;

457300, 3765100; 457100, 3765100;

457100, 3765200; 457000, 3765200;

457000, 3765300; 456900, 3765300;

456900, 3765500; 456800, 3765500;

456800, 3766000; 456700, 3766000;

456700, 3766200; 456600, 3766200;

456600, 3766300; 456500, 3766300;

456500, 3766400; 456400, 3766400;

456400, 3766700; 456300, 3766700;

456300, 3766800; 455900, 3766800;

455900, 3766900; 455700, 3766900;

455700, 3767000; 455600, 3767000;

455600, 3767100; 455500, 3767100;

455500, 3767300; 455700, 3767300;

455700, 3767400; 456100, 3767400;

456100, 3768000; 457400, 3768000;

457400, 3767300; 459000, 3767300;

459000, 3767500; 459800, 3767500;

459800, 3769000; excluding land

bounded by 459900, 3767200; 459900,

3767000; 460000, 3767000; 460000,

3766900; 460100, 3766900; 460100,

3766800; 460200, 3766800; 460200,

3766600; 460300, 3766600; 460300,

3766000; 460200, 3766000; 460200,

3765900; 460300, 3765900; 460300,

3765800; 460400, 3765800; 460400,

3765700; 460600, 3765700; 460600,

3765600; 460800, 3765600; 460800,

3765700; 461000, 3765700; 461000,

3765800; 461100, 3765800; 461100,

3765900; 461200, 3765900; 461200,

3766000; 461300, 3766000; 461300,

3766300; 461200, 3766300; 461200,

3766800; 461300, 3766800; 461300,

3767000; 461200, 3767000; 461200,

3767200; 459900, 3767200; and land

bounded by 456900, 3767100; 456900,

3766800; 456800, 3766800; 456800,

3766700; 456700, 3766700; 456700,

3766400; 456800, 3766400; 456800,

3766300; 457000, 3766300; 457000,

3766000; 457200, 3766000; 457200,

3766200; 457300, 3766200; 457300,

3766300; 457400, 3766300; 457400,

3766500; 457500, 3766500; 457500,

3766700; 457700, 3766700; 457700,

3766800; 457800, 3766800; 457800,

3766900; 457900, 3766900; 457900,

3767000; 458900, 3767000; 458900,

3767100; 456900, 3767100.

77208 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

Dated: December 1, 2000.

Kenneth L. Smith,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 00–31175 Filed 12–7–00; 8:45 am]

BILLING CODE 4310–55–P