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[Federal Register Volume 90, Number 4 (Tuesday, January 7, 2025)]
[Proposed Rules]
[Pages 1054-1078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30380]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2024-0115; FXES1113090FEDR-256-FF09E22000]
RIN 1018-BH97

Endangered and Threatened Wildlife and Plants; Removal of Ute 
Ladies'-Tresses From the List of Endangered and Threatened Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
remove Ute ladies'-tresses (Spiranthes diluvialis) from the Federal 
List of Endangered and Threatened Plants. This determination also 
serves as our 12-month finding on a petition to delist Ute ladies'-
tresses. After a review of the best available scientific and commercial 
information, we find that delisting the species is warranted. Our 
review indicates that the threats to Ute ladies'-tresses have been 
eliminated or reduced to the point that the species no longer meets the 
definition of an endangered or threatened species under the Endangered 
Species Act of 1973, as amended (Act). Accordingly, we propose to 
delist Ute ladies'-tresses. If we finalize this rule as proposed, the 
prohibitions and conservation measures provided by the Act, 
particularly through sections 7 and 9, would no longer apply to Ute 
ladies'-tresses. We request information and comments from the public 
regarding this proposed rule and the draft post-delisting monitoring 
(PDM) plan for Ute ladies'-tresses.

DATES: We will accept comments received or postmarked on or before 
March 10, 2025. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. eastern time on the closing date. We must receive requests for 
public hearings, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by February 21, 2025.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R6-ES-2024-0115, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the Search panel on the left 
side of the screen, under the Document Type heading, check the Proposed 
Rule box to locate this document. You may submit a comment by clicking 
on ``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R6-ES-2024-0115, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Information Requested, below, for more information).
    Availability of supporting materials: This proposed rule and 
supporting documents, including the 5-year review, draft recovery plan, 
draft post-delisting monitoring plan (PDM), and the species status 
assessment (SSA) report, are available at https://www.regulations.gov 
under Docket No. FWS-R6-ES-2024-0115 and on the Service's website at 
https://ecos.fws.gov/ecp/species/2159.

FOR FURTHER INFORMATION CONTACT: George Weekley, Field Office 
Supervisor, U.S. Fish and Wildlife Service, Utah Ecological Services 
Field Office, 2369 West Orton Circle, Suite 50, West Valley City, UT 
84119; telephone 801-239-0561. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States. Please see Docket No. FWS-
R6-ES-2024-0115 on https://www.regulations.gov for a document that 
summarizes this proposed rule.

SUPPLEMENTARY INFORMATION:

Executive Summary

    Why we need to publish a rule. Under the Act, a species warrants 
delisting if it no longer meets the definition of an endangered species 
(in danger of extinction throughout all or a significant portion of its 
range) or a threatened species (likely to become an endangered species 
within the foreseeable future throughout all or a significant portion 
of its range). Ute ladies'-tresses is listed as threatened, and we are 
proposing to delist it. We have determined Ute ladies'-tresses does not 
meet the Act's definition of an endangered or threatened species. 
Delisting a species can be completed only by issuing a rule through the 
Administrative Procedure Act rulemaking process (5 U.S.C. 551 et seq.).
    What this document does. This action proposes to remove Ute 
ladies'-tresses from the List of Endangered and Threatened Plants 
(i.e., ``delist'' the species) based on its recovery.
    The basis for our action. Under the Act, we may determine that a 
species is an endangered species or a threatened species because of any 
of five factors: (A) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence. The determination to delist a 
species must be based on an analysis of the same factors.
    Under the Act, we must review the status of all listed species at 
least once every 5 years. We must delist a species if we determine, 
based on the best available scientific and commercial data, that the 
species is neither an endangered species nor a threatened species. Our 
regulations at 50 CFR 424.11(e) identify four reasons why we might 
determine a species shall be delisted: (1) The species is extinct; (2) 
the species has recovered to the point at which it no longer meets the 
definition of an endangered species or a threatened species; (3) new 
information that has become available since the original listing 
decision shows the listed entity does not meet the definition of an 
endangered species or a threatened species; or (4) new information that 
has become available since the original listing decision shows the 
listed entity does not meet the definition of a species. We have 
determined that Ute ladies'-tresses has recovered to the point at which 
it no longer meets the definition of an endangered species or a 
threatened species; therefore, we are proposing to delist it.

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or

[[Page 1055]]

information from other concerned governmental agencies, Native American 
Tribes, the scientific community, industry, or any other interested 
parties concerning this proposed rule.
    We particularly seek comments concerning:
    (1) Reasons we should or should not remove Ute ladies'-tresses from 
the List of Endangered and Threatened Plants;
    (2) Relevant data concerning any threats (or lack thereof) to Ute 
ladies'-tresses, particularly any data on the possible effects of 
climate change as it relates to habitat, as well as the extent of State 
protection and management that would be provided to this plant as a 
delisted species;
    (3) Current or planned activities within the geographic range of 
Ute ladies'-tresses that may have either a negative or positive impact 
on the species; and
    (4) Considerations for post-delisting monitoring, including 
monitoring protocols and length of time monitoring is needed, as well 
as triggers for reevaluation.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for, or 
opposition to, the action under consideration without providing 
supporting information, although noted, do not provide substantial 
information necessary to support a determination. Section 4(b)(1)(A) of 
the Act directs that determinations as to whether any species is an 
endangered species or a threatened species must be made solely on the 
basis of the best scientific and commercial data available.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov.
    Our final determination may differ from this proposal because we 
will consider all comments we receive during the comment period as well 
as any information that may become available after this proposal. For 
example, based on the new information we receive (and if relevant, any 
comments on that new information), we may conclude that the species 
should remain listed as threatened, or we may conclude that the species 
should be reclassified from threatened to endangered. We will clearly 
explain our rationale and the basis for our final decision, including 
why we made changes, if any, that differ from this proposal.

Public Hearing

    Section 4(b)(5) of the Act provides for a public hearing on this 
proposal, if requested. Requests must be received by the date specified 
in DATES. Such requests must be sent to the address shown in FOR 
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this 
proposal, if requested, and announce the date, time, and place of the 
hearing, as well as how to obtain reasonable accommodations, in the 
Federal Register and local newspapers at least 15 days before the 
hearing. We may hold the public hearing in person or virtually via 
webinar. We will announce any public hearing on our website, in 
addition to the Federal Register. The use of these virtual public 
hearings is consistent with our regulation at 50 CFR 424.16(c)(3).

Peer Review

    A species status assessment (SSA) team prepared an SSA report for 
Ute ladies'-tresses. The SSA team was composed of Service biologists, 
in consultation with other species experts from Federal agencies, State 
wildlife and heritage programs, and local conservation groups. The SSA 
report represents a compilation of the best scientific and commercial 
data available concerning the status of the species, including the 
impacts of past, present, and future factors (both negative and 
beneficial) affecting the species.
    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 
2016, memorandum updating and clarifying the role of peer review of 
listing and recovery actions under the Act, we solicited independent 
scientific review of the information contained in the Ute ladies'-
tresses SSA report. The Service sent the SSA report to seven 
independent peer reviewers and received three responses. Results of 
this structured peer review process can be found at https://www.regulations.gov at Docket No. FWS-R6-ES-2024-0115. In preparing 
this proposed rule, we incorporated the results of these reviews, as 
appropriate, into the final SSA report, which is the foundation for 
this proposed rule.

Summary of Peer Reviewer Comments

    As discussed in Peer Review above, we received comments from three 
peer reviewers on the draft SSA report. We reviewed all comments we 
received from the peer reviewers for substantive issues and new 
information regarding the contents of the SSA report. As discussed 
above, because we conducted this peer review prior to this proposed 
rule, we have already incorporated all applicable peer review comments 
in version 1.1 of the SSA report, which is the foundation for this 
proposed rule.
    The peer reviewers provided additional information, clarifications, 
and recommendations pertaining to our analysis of Ute ladies'-tresses' 
current and future condition. We either incorporated or clarified 
substantial comments in the SSA report or address them below. In 
addition to substantive comments on the SSA report, we received several 
comments requesting the inclusion of additional biological information 
about orchids, more detail on the methods used in the suitable habitat 
model, and suggestions for climate change models to consider. Those 
comments were incorporated in the SSA report where applicable and are 
not summarized here.
    (1) Comment: One reviewer was concerned with how we scored the 
overall current resiliency of analytical units (AUs). The reviewer 
stated that our scoring does not necessarily identify truly high 
resiliency conditions but rather provides a relative evaluation of AU 
resiliency, noting that an overall high resiliency score can be 
achieved even if one metric, such as vegetative habitat, is in low 
condition.
    Our response: We developed our current condition evaluation in 
coordination with species experts, and our scoring reflects the 
relative contribution of each metric (e.g., hydrological condition, 
vegetative habitat) to overall AU resiliency as discussed below in 
Current Condition. Ute ladies'-tresses is adapted to disturbance and 
changing hydrological and habitat conditions, and AUs may maintain high 
resiliency even when some of the species' needs are not being optimally 
met at individual occurrences or portions of those occurrences.

[[Page 1056]]

Therefore, our scoring of overall AU resiliency is appropriate.
    (2) Comment: One reviewer commented that the comparisons of AU 
resiliency using the suitable habitat and connectivity metrics is 
problematic because different modeling approaches were used to generate 
suitable habitat in each AU based on the opinions of different 
biologists across the species' range. Therefore, the suitable habitat 
models were much more conservative, and therefore limited, for some AUs 
compared to others, resulting in inconsistencies in how AUs were 
evaluated for resiliency. The reviewer recommended that we use a 
standardized, rangewide method for the suitable habitat model.
    Our response: We initially considered using a draft suitable 
habitat model using consistent methods recommended by the reviewer; 
however, input from species experts indicated that this model and other 
draft models overpredicted, rather than reasonably predicted, suitable 
habitat across the species' range. The modeling approach used in the 
SSA reflects local conditions and the variation across the range based 
on occurrence data within each AU, which would not be reflected using a 
standardized, rangewide method as recommended by the reviewer. When 
developing the final suitable habitat model, we incorporated 
recommendations from Service biologists in every State within the 
species' range to evaluate whether model predictions were a good 
reflection of suitable habitat for their respective AUs. The final 
model we relied on for our evaluation of suitable habitat in the SSA 
report is a combination of AU-level hydrologic unit code (HUC) 6 models 
and expert opinion, and we consider that model to provide the best 
representation of potentially suitable habitat for Ute ladies'-tresses 
given the species' life-history traits, occurrence data, and variation 
across its range.

Previous Federal Actions

    On September 27, 1985, we published a notice of review in the 
Federal Register (50 FR 39526) issuing a list of plant taxa being 
considered for listing as endangered or threatened. Ute ladies'-tresses 
was included on this list as a Category 2 species. Category 2 species 
were taxa for which information in possession of the Service indicated 
that proposing to list them as endangered or threatened species was 
possibly appropriate, but we lacked conclusive data on biological 
vulnerability and threats to support the immediate preparation of a 
proposed rule.
    On February 21, 1990, we published a notice of review in the 
Federal Register (55 FR 6184) reclassifying Ute ladies'-tresses from a 
Category 2 species to a Category 1 species based on a review of 
information collected since 1985. Category 1 species were taxa for 
which we had on file enough substantial information on biological 
vulnerability and threat(s) to support proposed rules to list them as 
endangered or threatened species. However, a proposed rule to list Ute 
ladies'-tresses was not issued because the action was precluded at the 
time by other listing activity. In the 1990 notice of review, we used 
the common name ``plateau lady's tresses'' for Spiranthes diluvialis.
    On November 13, 1990, we published in the Federal Register (55 FR 
47347) a proposed rule to list Ute ladies'-tresses as a threatened 
species due to the primary threat of water development and urbanization 
in its riparian habitat. At that time, the species was known to be 
comprised of fewer than 3,000 plants in 7 populations. Our proposed 
rule used ``Ute ladies'-tresses'' as the common name for Spiranthes 
diluvialis in recognition of the fact that the species' known 
historical range was used largely by the Ute Indian Tribe. We 
determined that it would not be prudent to designate critical habitat 
because the publication of critical habitat descriptions and maps would 
make this orchid species more vulnerable to collection.
    Three additional populations were identified in Utah and Nevada 
prior to the final listing rule, for a total of 10 known populations 
with an estimated population size of fewer than 6,000 plants. On 
January 17, 1992, we published in the Federal Register (57 FR 2048) a 
final rule to list Ute ladies'-tresses as a threatened species. The 
final rule included a determination that the designation of critical 
habitat for Ute ladies'-tresses was not prudent.
    When we listed Ute ladies'-tresses as a threatened species (see 57 
FR 2048, January 17, 1992), we identified habitat loss and modification 
due to water development and urbanization (Factor A) as the primary 
threat to the species. We considered collection (Factor B) to be a 
threat because it is an orchid species. Disease and predation (Factor 
C) were not considered threats. Regulatory mechanisms (Factor D) 
included a limited degree of protection for the species' wetland 
habitat under the Clean Water Act (33 U.S.C. 1251 et seq.), and 
international trade for all orchids is regulated by the Convention on 
International Trade in Endangered Species of Wild Flora and Fauna 
(CITES; 27 U.S.T. 1087, March 3, 1973). Finally, we identified the 
species' small and scattered populations, variable demographic 
structure of populations, and a presumed slow reproductive rate (Factor 
E) as making the species more vulnerable to other threats and 
stressors.
    In 1995, we completed a draft recovery plan for the species 
(Service 1995, entire). To date, this plan has not been finalized.
    On May 10, 1996, we received a petition from the Central Utah Water 
Conservancy District (CUWCD) to delist Ute ladies'-tresses pursuant to 
the Act (Christiansen 1996, entire). A ``Special Status Species 
Update'' for Ute ladies'-tresses, dated April 1996, accompanied the 
petition as supporting information (CUWCD 1996, entire). In response to 
the petitioner's request to delist Ute ladies'-tresses, we sent a 
letter to the petitioner on June 10, 1996, explaining our inability to 
act upon the petition due to the low priority assigned to delisting 
petitions in our 1996 Listing Priority Guidance (61 FR 24722, May 16, 
1996).
    On October 12, 2004, we published in the Federal Register (69 FR 
60605) a 90-day finding that the 1996 petition contained substantial 
information indicating that delisting Ute ladies'-tresses may be 
warranted. However, higher priority work continued to preclude our 
ability to take further action on this petition. This proposed rule 
constitutes our 12-month finding on the May 10, 1996, petition to 
delist Ute ladies'-tresses under the Act.
    In 2023, we completed an SSA report to evaluate the species' 
rangewide status and inform a 5-year status review. On August 8, 2023, 
we completed a 5-year review that recommended delisting Ute ladies'-
tresses due to recovery.

Background

Species Description and Habitat Information

    A thorough review of the taxonomy, life history, and ecology of Ute 
ladies'-tresses is presented in the SSA report, version 1.1 (Service 
2024, entire). Ute ladies'-tresses is an herbaceous (not woody), 
perennial plant in the orchid family (Orchidaceae) found in the western 
United States and Canada. It is a terrestrial orchid (grows in the 
ground) and inhabits naturally occurring and human-created wetland 
habitats. When it was first described as a species in 1984, Ute 
ladies'-tresses was known to occur only in Utah and Colorado (Sheviak 
1984, entire). Today, the species is found in eight U.S. States 
(Colorado, Idaho, Montana, Nebraska, Nevada, Utah, Washington, and

[[Page 1057]]

Wyoming) and southern British Columbia, Canada (Service 2024, p. 4).
    Ute ladies'-tresses is a naturally occurring allopolyploid species, 
meaning it has more than one pair of chromosomes derived from the 
hybridization of two genetically distinct species (Szalanski et al. 
2001, pp. 178-179). Ute ladies'-tresses is fertile (produces fertile 
offspring) but is not cross-compatible with either of its parent 
species, hooded lady's tresses (Spiranthes romanzoffiana) and Great 
Plains lady's tresses (S. magnicamporum) (Szalanski et al. 2001, pp. 
178-179; Fertig et al. 2005, pp. 7-8). The ranges of hooded lady's 
tresses and Great Plains lady's tresses do not currently overlap with 
each other, but may have overlapped during the Pleistocene, a 
geological epoch that ended approximately 11,700 years ago (Sheviak 
1984, p. 9). The hooded lady's tresses is present within the range of 
Ute ladies'-tresses but generally occupies higher elevations than Ute 
ladies'-tresses (above 7,000 feet (ft) (2,133 meters (m))), so the two 
species are mostly spatially separate within their overlapping ranges. 
Where they co-occur in Idaho, hooded lady's tresses flowers earlier 
than Ute ladies'-tresses (Moseley 2000, pp. 1-2).
    A genetic study of Ute ladies'-tresses identified an unusually high 
degree of genetic variability within samples from several occurrences 
in Colorado and Utah, which suggests the species may have evolved from 
two or more separate hybridization events between hooded lady's tresses 
and Great Plains lady's tresses (Arft and Ranker 1998, p. 119). 
However, little genetic differentiation was found between samples from 
various occurrences in Colorado, Idaho, Montana, Nebraska, Utah, and 
Wyoming, suggesting that there may be a high degree of gene flow 
between Ute ladies'-tresses in those areas. No genetic studies have 
been conducted on Ute ladies'-tresses in the Upper Columbia basin of 
Washington and British Columbia, which is highly disjunct without any 
known connectivity to other occupied basins, or in the Lower Colorado-
Lake Mead basin of Nevada, which contains a single isolated occurrence.
    Ute ladies'-tresses plants are approximately 4.7 to 23.6 inches 
(in) (12 to 60 centimeters (cm)) tall and grow from tuberous-thickened 
roots (enlarged fleshy roots that store starch and nutrients). Basal 
leaves are grass-like, up to 11 in (28 cm) long, and leaves become 
progressively smaller up the stem (Sheviak 1984, entire). Flowers are 
small (0.3 to 0.6 in (7.5-15 millimeters (mm) long)), white or ivory-
colored, and arranged in a gradual spiral along the flowering stalks 
(inflorescences) that inspired the ladies'-tresses part of the common 
name (Service 2024, p. 30). One diagnostic feature that distinguishes 
Ute ladies'-tresses from hooded lady's tresses is how fused the sepals 
(lower part of the flower that supports the petals) are to each other; 
the sepals of Ute ladies'-tresses are separate or fused only at the 
base, whereas the sepals of hooded lady's tresses are fused into a 
hood-like structure. Fruits are cylindric capsules with numerous seeds 
(Sheviak 1984, entire; Fertig et al. 2005, p. 7).
    Ute ladies'-tresses has five life stages: seeds, seedlings, dormant 
plants, vegetative plants, and reproductive plants (Fertig 2020, p. 67; 
Service 2024, p. 31). Plants are perennial, appear to be long-lived, 
and likely depend on a specific symbiotic mycorrhizal (fungal) 
association during all life stages based on studies of other 
terrestrial orchids (Batty et al. 2002, pp. 196-197). Many terrestrial 
orchids have lifespans of 20 to 30 years or more, with at least one 
Spiranthes species having a lifespan of more than 60 years (Willems and 
Dorland 2010, p. 346; Shefferson et al. 2020, pp. 318-319).
    Ute ladies'-tresses can likely reproduce asexually through root 
splitting (Fertig et al. 2005, p. 67), but the species primarily 
reproduces sexually through seed production. Plants cannot produce 
seeds without pollinators. The primary pollinators of Ute ladies'-
tresses are bumblebees (Bombus spp.), solitary bees of the Anthophora 
genus, and honeybees (Apis mellifera) (Sipes and Tepedino 1995, entire; 
Sipes et al. 1995, pp. 1-3, 15-17; Pierson and Tepedino 2000, pp. 8, 
16, 27-28). Plants typically flower in August and September (Fertig et 
al. 2005, p. 54), but the timing varies by location and local 
environmental conditions. Flowering has been documented as early as the 
beginning of July in Nevada, a hotter and drier part of the range, and 
as late as October in cooler, higher elevation occurrences (Great Basin 
Institute (GBI) 2009, p. 3; Ute ladies'-tresses Technical Team (ULT 
Tech) 2021, entire).
    Orchid seeds are extremely small (the size of dust particles), are 
easily dispersed by wind and water, and do not provide much nourishment 
for the embryo (undeveloped plant) after germination (Sipes et al. 
1995, p. 23). If the embryo can quickly form a mycorrhizal association, 
it is able to obtain nutrients directly from the soil fungi without 
relying on photosynthesis (Hildebrand 1998, p. 4; McGonigle and 
Sheridan 2004, p. 11; Yeung 2017, pp. 8-9). Seedlings persist 
underground and rely on the mycorrhizal association to develop shoots 
and leaves. It is unknown how long seedlings remain underground before 
transitioning to other life stages (vegetative or adult plants). We 
assume that Ute ladies'-tresses persist as a seedling for at least 1 
year.
    Ute ladies'-tresses may transition from being vegetative to 
reproductive or from reproductive to vegetative in subsequent 
aboveground years, and periods of dormancy below ground may occur 
throughout a plant's life (Yeung 2017, entire; ULT Tech 2021, entire; 
Service 2024, pp. 31-32). Plants can survive unfavorable conditions in 
a state of dormancy for multiple years (11 consecutive years or 
longer), either as a germinated seedling in a symbiotic mycorrhizal 
(fungal) association, known as a protocorm, or as an adult root mass 
(Fertig et al. 2005, p. 61). Adult plants do not emerge above ground or 
flower every year; flowering likely depends on environmental conditions 
and when the plant last flowered--a plant that flowered in the previous 
year may be more likely to remain vegetative or become dormant the 
following year (Willems and Dorland 2010, p. 345). It is difficult to 
track these cycles because humans can only reliably detect flowering 
plants, not other life stages (seeds, seedlings, dormant or vegetative 
plants), in the field (ULT Tech 2021, entire).
    Ute ladies'-tresses has a ruderal (early colonizer of disturbed 
habitats) life-history strategy in which it can disperse within 
watersheds and quickly establish and produce seeds in favorable habitat 
conditions that may only be available for short periods of time (Gadgil 
and Solbrig 1972, entire). Ruderal plants are also able to persist in 
place and wait for favorable habitat conditions to return following 
disturbance events. The species disperses along connected waterways 
(river corridors, perennial streams, canals, lakeshores, wet meadows, 
and agricultural ditches), and plants appear in newly created or 
disturbed features (such as islands, point bars, shorelines) within the 
watershed. The species also persists in unsuitable habitat conditions 
that were previously suitable. Dormant Ute ladies'-tresses plants or 
seedlings can survive in late-seral successional habitats or unsuitable 
habitats below ground for years and then emerge above ground after 
disturbance reestablishes early- to mid-seral successional habitat 
conditions or adequate moisture is restored (Heidel 2001, entire). As 
mentioned above, we can only reliably detect flowering plants, and the 
species

[[Page 1058]]

does not necessarily flower every year. Therefore, Ute ladies'-tresses 
may appear to be extirpated from an area when in fact dormant or non-
reproductive individuals are still present.

Range, Distribution, Abundance, and Trends of Ute Ladies'-Tresses

    The current range of Ute ladies'-tresses spans eight States in the 
western United States (Colorado, Idaho, Montana, Nebraska, Nevada, 
Utah, Washington, and Wyoming) and the Canadian province of British 
Columbia (Service 2024, pp. 39-40). There are 62 extant Ute ladies'-
tresses element occurrences (occurrences) distributed across 18 
watershed basins, referred to as analytical units (AUs) and defined as 
populations in the SSA report. An AU may contain one or more element 
occurrences. The current range is much larger than the three States 
(Colorado, Nevada, and Utah) known to be occupied at the time of 
listing in 1992. Ute ladies'-tresses has not been found in Arizona, 
even though that State is considered to be part of two AUs (Lower 
Colorado-Lake Mead and Upper Colorado-Dirty Devil), because the species 
occurs in other States within those watersheds. Across its wide range, 
Ute ladies'-tresses is found in 3 different ecological classifications 
(Great Plains, North American Deserts, and Western Forested Mountains), 
12 level-III ecoregions, and 7 habitat types (Fertig et al. 2005, pp. 
21-33; U.S. Environmental Protection Agency 2013, entire; Service 2024, 
pp. 123-125).
    At the time of listing in 1992, we reported 10 extant occurrences 
(defined as populations in the listing rule) with fewer than 6,000 
plants and occurring on approximately 170 acres (ac) (69 hectares (ha)) 
of habitat (see 57 FR 2048, January 17, 1992). By 2005, there were 
known to be 52 extant occurrences with at least 83,316 flowering plants 
on 674 to 783 ac (273 to 317 ha) of habitat (Fertig et al. 2005, pp. 
34-62). The 2005 flowering plant estimate was based on the maximum 
number of flowering plants reported over a multi-year period for each 
occurrence, since most surveys underestimate the number of dormant, 
vegetative, and fruiting plants in an occurrence (Fertig et al. 2005, 
p. 62). The current number of known extant occurrences has increased to 
62. The number of flowering plants detected has likely also increased, 
but we do not provide an estimate of flowering plants in the SSA report 
for the following reasons: (1) there is a lack of consistent monitoring 
methods; (2) monitoring does not account for the geographic shifts in 
occupied habitat; and (3) monitoring does not account for four of the 
five life stages (seeds, seedlings, dormant plants, and vegetative 
plants) (ULT Tech 2021, entire). When a plant population contains 
dormant individuals, population size and trend can be accurately 
determined if we know the average number of years a plant is dormant 
and we can account for at least three life stages (dormant, vegetative, 
and flowering plants) (Lesica and Steele 1994, entire; Heidel 2001, p. 
8; Fertig et al. 2005, pp. 61-62). However, this information is not 
available for Ute ladies'-tresses.
    Ute ladies'-tresses occurrences demonstrate metapopulation 
structure within watersheds (AUs) where persistence is governed by the 
processes of patch colonization, extirpation (local extinction), and 
recolonization (Sipes et al. 1995, p. 26; Freckleton and Watkinson 
2002, p. 419). These metapopulations are important to the viability of 
the species, as long-term persistence is generally higher in 
metapopulations than in small, isolated occurrences (Lesica 1992, p. 
420). Consequently, identification of metapopulations and the 
availability of potentially suitable habitat is important for assessing 
the status of Ute ladies'-tresses (Freckleton and Watkinson 2002, p. 
432; Service 2024, pp. 89-91).
    In the SSA report, we delineated occurrences based on NatureServe 
criteria for water and land dispersal distances, which are grouped by 
plant locations connected by suitable habitat and generally less than 
6.2 miles (mi) (10 kilometers (km)) and 1.2 mi (2 km) from each other 
along waterways and over land, respectively (NatureServe 2020, p. 6; 
Service 2024, p. 26). We know of 75 Ute ladies'-tresses occurrences, 
and we consider 62 of those occurrences to be currently occupied. We 
considered the 62 currently occupied occurrences in our analysis of 
current conditions if suitable habitat was still present, even if we 
had some negative observation data for a location. This assumption is 
consistent with field observations, expert opinion, and long-term 
monitoring data of occurrences in Nevada, Washington, and Utah (ULT 
Tech 2021, entire; Service 2024, pp. 31-32). In the SSA report, we also 
considered 13 historical occurrences, one of which was the only known 
occurrence in its AU (Upper Arkansas), to be extirpated based on the 
loss of occupied or suitable habitat due to development, change in 
hydrology, or imprecise historical records (Service 2024, pp. 100-110). 
We considered 11 of these historical occurrences, located in or near 
densely populated areas of Utah, Colorado, and Montana, to be 
extirpated because of urban development. Despite these losses, the 
current distribution of the species appears to be stable.
    We refer to the watershed basins as AUs in the SSA report and 
consider them to be a surrogate for populations to better account for 
the species' widespread, dynamic distribution and complex life history. 
Given the detectability and monitoring limitations mentioned above, we 
consider the metapopulation structure--the number of occupied 
occurrences within a watershed (AU)--to be a better measure of 
population size rather than abundance counts of flowering plants. 
Considerably more occurrences have been discovered since listing in 
1992, and new occurrences have been located every year for at least the 
past 10 years within known AUs. The most recent occurrence was 
discovered in 2023, after the species' 5-year status review was 
finalized, and in 2020, one occurrence was discovered in an AU 
previously considered extirpated (Atkin 2020, pers. comm.; Billings and 
Wheeler 2021, entire; Heidel 2023, entire; Service 2024, p. 77). 
However, this does not necessarily indicate an increasing population 
size or positive population trend for the species; it could be the 
result of an increased survey effort and awareness. Based on our 
measure of population size (i.e., the number of occupied occurrences 
within an AU), the population trend for the species appears to be 
stable.
    Our evaluation of population trend is based on our assessment of 
the availability of potentially suitable habitat within AUs. The 
suitable habitat model provides a relative estimate of the species' 
potential abundance within an AU to evaluate whether a watershed would 
continue to support metapopulation dynamics and the species' population 
needs (see Current Condition, below for more information).
    Roughly 95 percent of the species' range occurs in the United 
States, with the remaining 5 percent of its range occurring in the 
province of British Columbia, Canada. In the United States, 
approximately 37 percent of land where the species occurs is federally 
owned or managed by the Bureau of Land Management (BLM), the U.S. 
Bureau of Reclamation (USBR), the U.S. Forest Service (USFS), the 
Service, the National Park Service (NPS), and the Department of Defense 
(DOD). Almost half of the land, approximately 47 percent, is under 
private ownership. There is a small amount (approximately 3 percent) of 
Ute ladies'-tresses habitat where the land ownership is not known. The 
remaining 13 percent of the species'

[[Page 1059]]

range is on State and Tribal lands (Service 2024, p. 39).

Recovery Criteria

    Section 4(f) of the Act directs us to develop and implement 
recovery plans for the conservation and survival of endangered and 
threatened species unless we determine that such a plan will not 
promote the conservation of the species. Under section 4(f)(1)(B)(ii), 
recovery plans must, to the maximum extent practicable, include 
objective, measurable criteria which, when met, would result in a 
determination, in accordance with the provisions of section 4 of the 
Act, that the species be removed from the Lists of Endangered and 
Threatened Wildlife and Plants.
    Recovery plans provide a roadmap for us and our partners on methods 
of enhancing conservation and minimizing threats to listed species, as 
well as measurable criteria against which to evaluate progress towards 
recovery and assess the species' likely future condition. However, they 
are not regulatory documents and do not substitute for the 
determinations and promulgation of regulations required under section 
4(a)(1) of the Act. A decision to revise the status of a species or to 
delist a species is ultimately based on an analysis of the best 
scientific and commercial data available to determine whether a species 
is no longer an endangered species or a threatened species, regardless 
of whether that information differs from the recovery plan.
    There are many paths to accomplishing recovery of a species, and 
recovery may be achieved without all of the criteria in a recovery plan 
being fully met. For example, one or more criteria may be exceeded 
while other criteria may not yet be accomplished. In that instance, we 
may determine that the threats are minimized sufficiently and that the 
species is robust enough that it no longer meets the definition of an 
endangered species or a threatened species. In other cases, we may 
discover new recovery opportunities after having finalized the recovery 
plan. Parties seeking to conserve the species may use these 
opportunities instead of methods identified in the recovery plan. 
Likewise, we may learn new information about the species after we 
finalize the recovery plan. The new information may change the extent 
to which existing criteria are appropriate for identifying recovery of 
the species. The recovery of a species is a dynamic process requiring 
adaptive management that may, or may not, follow all of the guidance 
provided in a recovery plan.
    Here, we provide a summary of progress made toward achieving the 
draft recovery criteria for Ute ladies'-tresses. More detailed 
information related to conservation efforts can be found below under 
Summary of Biological Status and Threats. We completed a draft recovery 
plan for Ute ladies'-tresses in 1995 that has not been finalized 
(Service 1995, entire); however, the draft plan is nearly 3 decades old 
and no longer reflects the best scientific information available for 
Ute ladies'-tresses.
    The draft plan describes a process for watershed-level planning and 
management to maintain and restore watershed conditions (i.e., natural 
flows and hydrography, stream gradients, and soils) for the long-term 
persistence of the species (Service 1995, p. 15). The draft plan 
attempts to interpret and define ``ecosystem management'' and apply it 
to the recovery of Ute ladies'-tresses. The draft plan also states the 
expectation that population levels (occurrences in this case) and the 
amount of suitable habitat will fluctuate over time within a watershed 
(Service 1995, p. 15).
    The draft plan states that specific population metrics were not 
identified because population viability is determined by habitat 
conditions and the maintenance of natural watershed processes. 
Therefore, the significance of population size and distribution can 
only be assessed in the ability of the watershed to support the 
species, and those linkages between watershed processes, habitat 
conditions, and population response are complex and not completely 
understood (Service 1995, p. 15).
    Below, we identify the two delisting criteria described in the 1995 
Ute ladies'-tresses draft recovery plan (Service 1995, p. 15), and the 
progress made to date in achieving the criteria. However, we 
acknowledge that because of advances in our understanding of Ute 
ladies'-tresses, the delisting criteria are not measurable, no longer 
reflect the best available science about the species, and may no longer 
be relevant.
Criteria for Delisting
    Recovery Criterion 1: Viable populations throughout Ute ladies'-
tresses' historical range and representative of its genetic endowment 
are maintained in riparian habitats of streams in a state of dynamic 
equilibrium.
    Progress: We have a much better understanding of Ute ladies'-
tresses current range since the time of listing in 1992. The known 
current range of Ute ladies'-tresses has expanded from three U.S. 
States (Utah, Colorado, and Nevada) to eight U.S. States (Colorado, 
Idaho, Montana, Nebraska, Nevada, Utah, Washington, and Wyoming) and 
the Canadian province of British Columbia (Service 2024, pp. 39-40). 
Based on information through 2023, there are a total of 62 extant 
occurrences of Ute ladies'-tresses distributed across 18 watershed 
basins (AUs defined as populations in the SSA report). The species' 
current range includes 14 more AUs than known at the time of listing 
when we apply the AU-scale to the known populations in 1992. We 
consider AUs to be synonymous with the criterion's use of 
``populations,'' and the criterion does not specify the number of AUs 
needed to achieve recovery.
    We note that the criterion references Ute ladies'-tresses' 
historical range. However, it is more appropriate to define recovery 
based on Ute ladies'-tresses' current range, because endangered and 
threatened species and their recovery are defined and evaluated based 
on their current range under the Act (see the definitions of 
``endangered species'' and ``threatened species'' at 16 U.S.C. 1532(6) 
and (20), respectively). There is much uncertainty about Ute ladies'-
tresses' historical range, and we may never know its true extent. 
Regarding the species' genetic endowment, preliminary genetic 
information indicates high genetic diversity in Ute ladies'-tresses 
occurrences assessed in six of the eight U.S. States within the current 
range (see Summary of Biological Status and Threats, below). We now 
consider morphological and ecological diversity in addition to genetic 
diversity in our evaluation of representation. While Ute ladies'-
tresses does not exhibit morphological diversity, it has a high level 
of ecological diversity across its wide range, occupying 12 ecoregions 
and 7 habitat types (Service 2024, pp. 123-127).
    Given what we now know about Ute ladies'-tresses ecological 
diversity, we consider all habitat types important for recovery, not 
just the riparian and stream habitats mentioned in the criterion. 
Therefore, we evaluated the viability of AUs in our SSA report for 
those AUs in riparian and perennial stream habitats as well as in the 
five other habitat types where it occurs (canals, wet meadows, springs, 
lakeshores, and artificial/depressional wetlands) (for more 
information, see Current Condition and Future Scenarios and Future 
Condition, below).
    Recovery Criterion 2: Wet meadow, seep, and spring habitats are 
protected

[[Page 1060]]

and managed so as to sustain viable populations.
    Progress: At the time of the draft recovery plan (1995), we thought 
that it was important to distinguish Ute ladies'-tresses' wet meadow, 
seep, and spring habitats that are groundwater-fed from other types of 
habitats. These habitat types require land management practices such as 
grazing or mowing to provide the regular disturbance needed to support 
the species, whereas the riparian and stream habitats referenced in 
criterion 1 are surface water-fed and receive regular or periodic 
flooding disturbance. In the SSA report, we consider seeps and springs 
together and refer to them as spring habitats (Service 2024, p. 125). 
These habitats can be isolated from other water features or occur in 
combination with riparian, stream, or lakeshore habitats. We have 
better information now about Ute ladies'-tresses' current range and the 
habitat types the species occupies than we did at the time of the draft 
recovery plan.
    Given what we know about Ute ladies'-tresses' resiliency, 
redundancy, and representation, we no longer consider it necessary to 
provide a separate criterion for wet meadow, seep, and spring habitats. 
As we state above for criterion one, we consider all habitat types in 
the SSA report and in our evaluation of Ute ladies'-tresses' viability 
(for more information, see Current Condition and Future Scenarios and 
Future Condition, below).
    The majority (roughly 95 percent) of Ute ladies'-tresses' current 
range occurs in the United States, with the remaining 5 percent of its 
range occurring in British Columbia, Canada. In the United States, 
approximately 37 percent of the land where the species occurs is 
federally owned or managed (by the BLM, USBR, USFS, the Service, NPS, 
or DOD) with management plans in place to protect the species' habitat 
from habitat loss associated with urban development. For Ute ladies'-
tresses and its habitat, Federal land management adequately supports 
the needs and viability of the species, and we expect that will 
continue in the future (see Conservation Efforts and Regulatory 
Mechanisms, below).
    Approximately 60 percent of the land where Ute ladies'-tresses 
occurs in the United States is under non-Federal ownership (private, 
State, or Tribal lands). Some occurrences in three AUs (Jordan, Bear 
River, and South Platte) have management plans in place to protect the 
species and its habitat on non-Federal lands. However, little to no 
protection exists for Ute ladies'-tresses on the remaining non-Federal 
lands other than habitat protections afforded by the Clean Water Act 
for occurrences along riparian, stream, and some lakeshore habitats, or 
habitat protections afforded to federally listed fish species (see 
Conservation Efforts and Regulatory Mechanisms, below).
    Despite the lack of protections on many non-Federal lands for Ute 
ladies'-tresses, current and projected future AU-level threats are 
adequately addressed or managed on these lands for at least 10 AUs to 
maintain high or moderate resilience to stochastic events now and into 
the future. In addition, at least 16 AUs are projected to remain extant 
and provide additional redundancy and representation in the 12 
ecoregions and 7 habitat types across Ute ladies'-tresses' range (see 
Future Scenarios and Future Condition, below). Thus, although not all 
18 extant AUs are considered protected, we conclude that the intent of 
recovery criteria 1 and 2 to ensure that sufficient AUs are protected 
from threats into the future has been met for at least 10 AUs. While 
the 1995 recovery criteria are not measurable, and do not reflect the 
best available scientific information, as we describe below, we find 
that the Ute ladies'-tresses has sufficient resiliency, redundancy, and 
representation given what we now know about the species.

Regulatory and Analytical Framework

Regulatory Framework

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations in title 50 of the Code of Federal Regulations set forth 
the procedures for determining whether a species is an endangered 
species or a threatened species, issuing protective regulations for 
threatened species, and designating critical habitat for endangered and 
threatened species.
    The Act defines an ``endangered species'' as a species that is in 
danger of extinction throughout all or a significant portion of its 
range, and a ``threatened species'' as a species that is likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range. The Act requires that we 
determine whether any species is an endangered species or a threatened 
species because of any of the following factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    These factors represent broad categories of natural or human-caused 
actions or conditions that could have an effect on a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects. The determination to delist a 
species must be based on an analysis of the same five factors.
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition or the action or condition itself.
    However, the mere identification of any threat(s) does not 
necessarily mean that the species meets the statutory definition of an 
``endangered species'' or a ``threatened species.'' In determining 
whether a species meets either definition, we must evaluate all 
identified threats by considering the species' expected response and 
the effects of the threats--in light of those actions and conditions 
that will ameliorate the threats--on an individual, population, and 
species level. We evaluate each threat and its expected effects on the 
species, then analyze the cumulative effect of all of the threats on 
the species as a whole. We also consider the cumulative effect of the 
threats in light of those actions and conditions that will have 
positive effects on the species--such as any existing regulatory 
mechanisms or conservation efforts. The Secretary determines whether 
the species meets the definition of an ``endangered species'' or a 
``threatened species'' only after conducting this cumulative analysis 
and describing the expected effect on the species now and in the 
foreseeable future.
    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' Our 
implementing regulations at 50 CFR 424.11(d) set forth a framework for 
evaluating the foreseeable future on a case-by-case basis which is 
further described in the 2009 Memorandum Opinion on the foreseeable 
future from the Department

[[Page 1061]]

of the Interior, Office of the Solicitor (M-37021, January 16, 2009; 
``M-Opinion,'' available online at https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf). The foreseeable 
future extends as far into the future as the U.S. Fish and Wildlife 
Service and National Marine Fisheries Service (hereafter, the Services) 
can make reasonably reliable predictions about the threats to the 
species and the species' responses to those threats. We need not 
identify the foreseeable future in terms of a specific period of time. 
We will describe the foreseeable future on a case-by-case basis, using 
the best available data and taking into account considerations such as 
the species' life-history characteristics, threat-projection 
timeframes, and environmental variability. In other words, the 
foreseeable future is the period of time over which we can make 
reasonably reliable predictions. ``Reliable'' does not mean 
``certain''; it means sufficient to provide a reasonable degree of 
confidence in the prediction, in light of the conservation purposes of 
the Act.

Analytical Framework

    The SSA report documents the results of our comprehensive 
biological review of the best scientific and commercial data regarding 
the status of the species, including an assessment of the potential 
threats to the species. The SSA report does not represent our decision 
on whether the species should be proposed for delisting. However, it 
does provide the scientific basis that informs our regulatory 
decisions, which involve the further application of standards within 
the Act and its implementing regulations and policies.
    To assess the viability of Ute ladies'-tresses, we used the three 
conservation biology principles of resiliency, redundancy, and 
representation (Shaffer and Stein 2000, pp. 306-310). Briefly, 
resiliency is the ability of the species to withstand environmental and 
demographic stochasticity (for example, wet or dry, warm or cold 
years); redundancy is the ability of the species to withstand 
catastrophic events (for example, droughts, large pollution events), 
and representation is the ability of the species to adapt to both near-
term and long-term changes in its physical and biological environment 
(for example, climate conditions, pathogen). In general, species 
viability will increase with increases in resiliency, redundancy, and 
representation (Smith et al. 2018, p. 306). Using these principles, we 
identified the species' ecological requirements for survival and 
reproduction at the individual, population, and species levels, and 
described the beneficial and risk factors influencing the species' 
viability.
    The SSA process can be categorized into three sequential stages. 
During the first stage, we evaluated individual species' life-history 
needs. The next stage involved an assessment of the historical and 
current condition of the species' demographics and habitat 
characteristics, including an explanation of how the species arrived at 
its current condition. The final stage of the SSA involved making 
predictions about the species' responses to positive and negative 
environmental and anthropogenic influences. Throughout all of these 
stages, we used the best available information to characterize 
viability as the ability of a species to sustain populations in the 
wild over time, which we then used to inform our regulatory decision.
    The following is a summary of the key results and conclusions from 
the SSA report; the full SSA report can be found at Docket No. FWS-R6-
ES-2024-0115 on https://www.regulations.gov.

Summary of Biological Status and Threats

    In this discussion, we review the biological condition of the 
species and its resources, and the threats that influence the species' 
current and future condition, in order to assess the species' overall 
viability and the risks to that viability. In addition, the SSA report 
(Service 2024, entire) documents our comprehensive biological status 
review for the species, including an assessment of the potential 
threats to the species.
    The following is a summary of this status review and the best 
available information gathered since that time that have informed this 
decision.

Individual Needs

    Individuals of Ute ladies'-tresses need adequate soil moisture 
during the growing season, access to full or partial sunlight, and 
suitable soil mycorrhizae to establish, grow, and flower (Service 2024, 
pp. 31-34). While we do not know the species' surface or subsurface 
moisture requirements, soil moisture is generally provided by surface 
or subsurface water within 2 ft (0.6 m) of the ground surface (ULT Tech 
2021, entire). An open canopy (little to no shade from plants above) is 
needed to provide full or partial sunlight to plants (Fertig et al. 
2005, p. 34).
    While we do not know the specific mycorrhizal fungi needed by Ute 
ladies'-tresses, their presence in the habitat is likely a limiting 
factor for the establishment and reproduction of Ute ladies'-tresses 
(Fertig et al. 2005, p. 67; ULT Tech 2021, entire). Bumblebees and 
other appropriate pollinators are needed for seed production (Sipes and 
Tepedino 1995, entire).
    Individuals need certain habitat factors, including: a low- to mid-
elevation climate (elevations ranging between 0 to 7,000 ft (0 to 2,133 
m); early- to mid-seral stage successional wetland habitats; and some 
kind of periodic disturbance (flooding or scouring events, livestock 
grazing, agricultural mowing, fire, etc.) to maintain the habitat's 
seral stage (see Background, above).

Population Needs

    To be resilient, populations require recruitment, survivorship, and 
reproduction at rates able to sustain populations, in addition to 
pollinator connectivity between individuals within populations. We 
consider the significant determinants of population (AU) resiliency to 
be a healthy demography and sufficient quality habitat to support this 
demography (Service 2024, pp. 93-96). Resilient populations also 
contain enough individuals in multiple habitat areas to bounce back 
after experiencing environmental stressors such as drought, livestock 
grazing, habitat disturbance, and demographic stochasticity (births, 
deaths, and reproductive events that fluctuate over time). While we do 
not know the number of individuals or amount of habitat needed for Ute 
ladies'-tresses populations to be resilient, we assume that Ute 
ladies'-tresses populations are most resilient if they contain multiple 
occurrences connected by potentially suitable habitat and if they occur 
within habitats that maintain adequate hydrology and the appropriate 
seral successional stage (Service 2024, pp. 95-98).

Species Needs

    The number of populations (AUs) across the landscape influences the 
redundancy of Ute ladies'-tresses. More populations across the range 
increase the species' ability to withstand catastrophic events. 
Individuals and populations inhabiting diverse ecological settings and 
exhibiting genetic or phenological variation add to the level of 
representation across the species' range. The greater diversity 
observed in Ute ladies'-tresses' habitats, genetics, and morphology, 
the more likely the species is to be able to adapt to change over time. 
Ute ladies'-tresses exhibits a high level of ecological diversity, 
occupying 12 ecoregions and 7 habitat types (Service 2024, pp. 123-
125). Additionally, the species showed

[[Page 1062]]

high genetic variability within some occurrences and low variability 
between occurrences, which suggests a high level of genetic exchange 
between populations historically and possibly currently (Arft and 
Ranker 1998, p. 119; Service 2024, p. 91).
    In summary, the species needs (1) a sufficient number and 
distribution of resilient populations to withstand catastrophic events 
(redundancy) and (2) a range of variation that allows the species to 
adapt to changing environmental conditions (representation) (Service 
2024, pp. 88-89). The SSA report provides additional detail on the 
species' individual-, population-, and species-level needs (Service 
2024, pp. 29-38, 86-89).

Threats (Stressors/Risk Factors/Etc.)

    In the SSA report, we evaluated stressors and other actions that 
can positively or negatively affect Ute ladies'-tresses at the 
individual, population, or species levels, either currently or into the 
future (Service 2024, pp. 89-95, 128-137). In this proposed rule, we 
will discuss only those factors in detail that could meaningfully 
impact the status of the species. The main stressors are anthropogenic 
activities (urban development, water management, agriculture, livestock 
grazing, recreation, and invasive plants) and environmental conditions 
(vegetative succession, drought, and climate change) that influence or 
could influence the species' viability (Service 2024, pp. 89-95, 128-
137). We grouped the various anthropogenic activities together and the 
environmental conditions together to consider their synergistic and 
cumulative effect on Ute ladies'-tresses at the population and species 
levels, because none of the individual stressors alone act intensely or 
broadly enough to alter Ute ladies'-tresses' status across its range 
(ULT Tech 2021, entire). Those stressors that are not known to have 
negative or long-term effects on Ute ladies'-tresses populations, such 
as loss of pollinators and flooding, are not discussed here but are 
evaluated in the SSA report (Service 2024, p. 95).
Urban Development
    Urban development has the potential to result in plant mortality 
and loss or degradation of Ute ladies'-tresses habitat (Service 2024, 
p. 90). We assessed the urban development stressor to Ute ladies'-
tresses based on our evaluation of disturbance, as well as roads and 
other infrastructure, in and near known populations. Urban development 
has resulted in the loss of eight occurrences in or near densely 
populated areas--in Utah, six occurrences were lost in the Jordan and 
Weber AUs along the Wasatch Front, and in Colorado, two occurrences 
were lost in the South Platte and Upper Arkansas AUs along the Front 
Range, resulting in the extirpation of the Upper Arkansas AU (Service 
2024, pp. 100-109). One occurrence in Utah (in the Upper Colorado-Dirty 
Devil AU) is likely extirpated due to change in the hydrology and 
habitat loss because of road construction (Fertig et al. 2005, p. 54; 
Service 2024, p. 67). Two occurrences in Montana (in the Upper Missouri 
AU) occur in borrow pits created to support road construction projects; 
however, Montana Department of Transportation has prioritized their 
protection and long-term monitoring (Service 2024, p. 73).
    We incorporated this stressor in our evaluation of current 
resiliency by assessing the land use, habitat condition, and 
hydrological condition of occurrences (Service 2024, pp. 96-135). We 
incorporated this stressor in our evaluation of future resiliency by 
evaluating projected changes in land use and the human population 
(Service 2024, pp. 129-196).
Water Management
    Water management has the potential to result in hydrologic changes 
that impact the amount of suitable habitat, soil moisture, and the 
successional stage of Ute ladies'-tresses habitat (Service 2024, p. 
91). Water flow is managed for irrigation and flood control along many 
of the river corridors occupied by Ute ladies'-tresses, which may lead 
to additional suitable habitat in some areas and the loss of suitable 
habitat in other areas (Grams et al. 2002, entire; Fertig et al. 2005, 
p. 82, Service 2024, pp. 129-136). Water management has the potential 
to benefit Ute ladies'-tresses by maintaining flows in low water years, 
but negative impacts may occur if water releases are unpredictable and 
not consistent with the natural hydrologic regime. We discuss the 
effects of flood control, in particular the reduction of large flood 
events, on the successional stage of Ute ladies'-tresses habitat below 
(see ``Vegetative Succession,'' below).
    Despite management of hydrology for purposes other than Ute 
ladies'-tresses conservation, the species has proliferated in areas 
with greatly altered wetland, riparian, and lakeshore habitats that 
occasionally experience 10,000-year flood events (e.g., Diamond Fork 
occurrence (Jordan AU), Lower Green River AU) (Central Utah Water 
Conservation District (CUWCD) 1996, pp. 4-3-4-9, 4-11-4-12; Central 
Utah Project Completion Act Office (CUPCA) 1999, entire; Ward and 
Naumann 1998, entire; Grams et al. 2002, entire; Black and Gruwell 
2004, entire; USBR 2005a, entire). Water management for hydropower or 
irrigation has augmented natural flows in some streams, especially in 
late summer when natural stream flows were historically low (e.g., 
Diamond Fork occurrence (Jordan AU), Lower Green River AU). This 
augmentation has expanded the amount of streamside habitat with 
suitable hydrology to support large numbers of Ute ladies'-tresses 
(Ward and Naumann 1998, pp. 25-26; Black and Gruwell 2004, pp. 8-9).
    Ute ladies'-tresses plants are frequently encountered along streams 
and canals and in wet hay pastures in the Uinta Basin, Utah (Lower 
Green River AU), even though an extensive irrigation canal system was 
constructed in the early 1900s and natural streams are nearly dry all 
summer (Fertig et al. 2005, pp. 19, 44, 48; Goodrich 2005, entire; 
Jordan 2006, entire). The species has colonized wetlands left behind 
when peat was mined, and it occurs in drainage ditches alongside roads 
and railroad tracks (Fertig et al. 2005, pp. 16, 19, 32-33, 36-37, 45, 
50, 52).
    In growing urban areas, primarily in the urban areas of Utah and 
Colorado (see Urban Development, above) and possibly Nevada, an 
increased demand for municipal water and conversion of irrigation water 
to municipal water may lead to dewatering of Ute ladies'-tresses 
habitat (Riedel 2004, p. 2). One occurrence in Utah (Jordan AU) may be 
extirpated due to dewatering in the last decade, although it is 
possible dormant plants remain and could emerge if the hydrological 
regime again becomes suitable for Ute ladies'-tresses (Fertig et al. 
2005, p. 82; Trater 2020, pers. comm.; Service 2024, p. 47). Dewatering 
may exacerbate the effects of drought and climate change.
    We incorporated this stressor in our evaluation of current 
resiliency by assessing the hydrologic condition of occurrences 
(Service 2024, pp. 97-98). We incorporated this stressor in our 
evaluation of future resiliency by evaluating projected changes in 
drought severity and frequency at the occurrence and AU levels (Service 
2024, pp. 129-134).
Agriculture
    Agricultural practices have the potential to result in the loss of 
plants and habitat under cultivation (croplands) and with herbicide 
use, or they can support or maintain suitable habitat conditions for 
Ute ladies'-tresses under managed pastures (irrigated

[[Page 1063]]

pastures with some mowing or haying) or irrigation canals (Fertig et 
al. 2005, pp. 83, 85; Service 2024, p. 92). Some occurrences in five 
AUs (Great Salt Lake, Jordan, Lower Bear, Lower Green River, South 
Platte) are in irrigated pastures that function as wet meadow habitat 
and support the species (Service 2024, pp. 43-51; Fertig et al. 2005, 
pp. 13, 17, 19). Conversely, negative impacts to Ute ladies'-tresses 
have also been documented along irrigation canals that have been 
converted to water pipelines in one AU (Lower Green River), but these 
impacts are localized and have not resulted in the total loss of an 
occurrence (ULT Tech 2021, entire; Service 2024, p. 51). Non-Federal 
landowners actively manage irrigation water at two occurrences in Utah 
and Colorado (Lower Bear and South Platte AUs) to support the Ute 
ladies'-tresses on lands used for the species' preservation and for 
recreation, respectively (Riedel 2004, p. 2; Bear River Land 
Conservancy 2014, pp. 5-14; Service 2024, p. 49).
    We incorporated this stressor in our evaluation of current 
resiliency by assessing the agricultural land use, habitat condition, 
and hydrological condition of occurrences (Service 2024, pp. 96-121). 
For future resiliency, we considered the effects of this stressor as 
part of our evaluation of projected changes in land use and 
anthropogenic effects (Service 2024, pp. 134-135).
Livestock Grazing
    Livestock grazing, haying, and mowing have the potential to result 
in the loss of plants or flowers but can also result in beneficial 
effects by removing competing vegetation and maintaining an open canopy 
(Fertig et al. 2005, pp. 70, 79, 81; Sipes et al. 1995, pp. 24-25; 
Service 2024, p. 91). Ute ladies'-tresses appears to need these types 
of disturbances in meadow or spring habitats that experience less 
frequent disturbance events than rivers and streams (Arft 1995, pp. 
122-153, 157-159; Allison 2001, pp. 1-10; Fertig et al. 2005, pp. 81-
82). The results of Ute ladies'-tresses population projections in wet 
meadow habitat conditions under various management practices identified 
the importance of livestock grazing or grazing and mowing to support 
population persistence (Arft 1995, pp. 122-153, 157-159; Hazlett 1996, 
p. 7). Long-term studies of wet meadow habitat in Colorado found that 
Ute ladies'-tresses' recruitment and flowering density were 
significantly higher in grazed and mowed habitat compared to 
undisturbed habitat (Arft 1995, pp. 122-153, 157-159; Allison 2001, pp. 
1-10). Winter grazing or mowing also appears to be beneficial in 
reducing the negative impact of field vole (Microtus pennsylvanicus and 
M. ochrogaster) herbivory on Ute ladies'-tresses fruit and seed 
production by removing vegetation and litter that support vole 
populations (Arft 1995, pp. 153, 157-159; Fertig et al. 2005, p. 70). 
Where wet meadow habitat is protected and managed for Ute ladies'-
tresses in Colorado and Utah (South Platte and Lower Bear AUs), 
managers recommend timed haying, livestock grazing, and irrigation 
practices to maintain optimal habitat conditions and minimize impacts 
to flowering plants (Allison, 2001, pp. 1-3; Bear River Land 
Conservancy 2014, pp. 7-8, 14, 16; Service 2024, pp. 49, 84). Excessive 
or improperly timed livestock grazing, haying, and mowing may 
negatively impact the species (Fertig et al. 2005, p. 81; Service 2024, 
p. 35).
    We incorporated this stressor in our evaluation of current 
resiliency by assessing the land use and habitat condition of 
occurrences (Service 2024, pp. 96-121). For future resiliency, we 
considered the effects of this stressor as part of our evaluation of 
projected changes in land use (Service 2024, pp. 134-135).
Recreation
    Recreation has the potential to result in plant damage and 
mortality through trampling as well as provide a land use that 
conserves Ute ladies'-tresses habitat (Service 2024, p. 91). Many 
occurrences in Colorado, Nevada, Utah, Idaho, and Washington (Lower 
Colorado-Lake Mead, Jordan, Upper Green, South Platte, Snake 
Headwaters, and Upper Columbia AUs) are located on lands where 
recreation occurs; however, recreation was only identified as a current 
or potential stressor at a few occurrences in Colorado, Idaho, and Utah 
where trampling from fishing, boating, and off-road vehicle access has 
been reported (Fertig et al. 2005, pp. 35-53; Service 2024, p. 63).
    We incorporated this stressor in our evaluation of current 
resiliency by assessing the land use and habitat condition of 
occurrences (Service 2024, pp. 96-121). For future resiliency, we 
considered the effects of this stressor as part of our evaluation of 
projected changes in land use (Service 2024, pp. 134-135).
Invasive Plants
    Invasive plants have the potential to directly compete with Ute 
ladies'-tresses plants for water, nutrients, and sunlight (Service 
2024, p. 94). Some invasive plants are adapted to the same early- to 
mid-seral successional habitats as Ute ladies'-tresses and are highly 
effective competitors. Fourteen invasive plants commonly occur with Ute 
ladies'-tresses, including upland plants such as thistles (Cirsium 
spp.) and leafy spurge (Euphorbia esula), wetland plants such as purple 
loosestrife (Lythrum salicaria) and reed canary grass (Phalaris 
arundinacea), and woody invasives such as tamarisk (Tamarix spp.) and 
Russian olive (Elaeagnus angustifolia) (Murphy 2001, pp. 19-20; Naumann 
2003, entire; Murphy 2004, p. 10; Fertig et al. 2005, p. 83; Jones 
2006, entire).
    While invasive plants are present in Ute ladies'-tresses habitat, 
and some occurrences may have been partially overtaken by invasive 
plants, the best available information indicates this stressor has not 
resulted in Ute ladies'-tresses' plant mortality or the extirpation of 
occurrences (Fertig et al. 2005, pp. 45-47, 50; Service 2024, p. 94).
    We considered this stressor in our evaluation of current resiliency 
as part of our occurrence habitat condition assessment (Service 2024, 
pp. 96-121). For future resiliency, we considered the effects of this 
stressor as part of our evaluation of projected changes in land use and 
effects of climate change (Service 2024, pp. 134-135).
Collection
    We identified overcollection as a threat to Ute ladies'-tresses in 
the final listing rule (57 FR 2048 at 2051 and 2052, January 17, 1992). 
Despite the one documented instance of ``essence of Spiranthes'' 
derived from Ute ladies'-tresses flowers in the late 1990s, the threat 
of collection is low, given that the species is less showy than 
tropical orchids and other Spiranthes species are available for 
purchase (Kratz 1998, entire; Fertig et al. 2005, p. 86; Alaskan 
Essences 2024, entire; Carnivorous Plant Nursery 2024, entire; 
Microsoft Bing 2024, entire; Plant Delights Nursery 2024, entire). 
There is no evidence that collection is currently impacting Ute 
ladies'-tresses or is likely to do so in the future.
Vegetative Succession
    Vegetative succession has the potential to change the habitat 
condition and suitability for Ute ladies'-tresses due to lack of 
sunlight and competition for resources (Fertig et al. 2005, p. 84; 
Service 2024, p. 94). Flooding is the primary disturbance along river 
and stream corridors that influences vegetative succession. Water level 
fluctuations in combination with land use activities such as mowing and 
grazing, and occasionally fire, appear to be the primary disturbances 
in

[[Page 1064]]

lakeshore, wet meadow, and spring habitats (Fertig et al. 2005, p. 32).
    The extent of woody encroachment and late-seral successional 
habitats within Ute ladies'-tresses occurrences is variable and site-
specific depending on the degree to which the hydrologic and 
disturbance regimes have been altered. The best available information 
indicates that vegetative succession is currently only affecting 
individual plants and portions of an occurrence (Fertig et al. 2005, p. 
66; Black 2006, entire). The primary driver of vegetative succession is 
the hydrologic regime or land use associated with the habitat. 
Therefore, this stressor is not having a population-level effect to Ute 
ladies'-tresses on its own unless vegetative succession is associated 
with a major change to the hydrology or land use of the occurrence. We 
incorporated this stressor in our evaluation of current resiliency by 
assessing the habitat condition of occurrences (Service 2024, pp. 113-
116). For future resiliency, we evaluated projected changes to the 
vegetative resiliency metric based on projected land use changes 
(Service 2024, pp. 139-195).
Disease or Predation
    Predation (herbivory) on Ute ladies'-tresses was mentioned in the 
final listing rule because excessive livestock grazing was thought to 
be detrimental, and plants are highly palatable and preferentially 
grazed by small herbivores (57 FR 2048 at 2051, January 17, 1992). 
Although livestock grazing was categorized as a stressor under Factor C 
at the time of listing, we consider the effects of livestock grazing to 
be better characterized by Factor A (see ``Livestock Grazing,'' above). 
Herbivory of flowers and inflorescences (entire flowering stems) by 
field voles has been documented at a few occurrences in Colorado and 
Utah (Arft 1995, pp. iv, 79-87, 103-104, 113-117; Sipes et al. 1995, 
pp. 9-10; Heidel 2001, p. 8; Black and Gruwell 2004, p. 10; Fertig et 
al. 2005, pp. 89-90; Black 2006, entire). Additional monitoring 
indicates that winter livestock grazing or mowing maintains early seral 
habitat conditions favored by Ute ladies'-tresses and reduces vole 
herbivory by removing thatch buildup, which serves as a protective 
cover favored by voles, in the habitat (Arft 1995, pp. 79-87, 103-104, 
113-117; Sipes et al. 1995, pp. 9-11; Peles and Barrett 1996, entire; 
Skopec et al. 2017, pp. 5-6). The best available information indicates 
that vole herbivory occasionally impacts individual plants and may 
locally affect some populations; however, it is seasonal in nature and 
unpredictable (Skopec et al. 2017, pp. 5-6; Andreassen et al. 2021, pp. 
601-605). Most occurrences along rivers and streams occur in early- to 
mid-seral habitat conditions with little to no thatch buildup, and most 
meadow or seep habitats are grazed or mowed to remove thatch buildup. 
We did not find that vole herbivory occurs at spatial and temporal 
scales large enough to affect the overall status of Ute ladies'-tresses 
given the plant's current status. We are not aware of any issues or 
potential stressors related to disease or insect predation. Therefore, 
we did not include this stressor in our evaluation of current and 
future resiliency.
Drought
    Drought has the potential to result in the loss of Ute ladies'-
tresses plants; changes in vegetation, hydrology, and soil saturation; 
and temporary or permanent loss of habitat depending on the severity 
and duration of drought conditions (Service 2024, p. 92). Water 
management has ameliorated summer drought conditions in some river 
corridors (see ``Water Management,'' above), but increases in municipal 
water use (dewatering or loss of irrigation water) could exacerbate the 
effects of drought in Ute ladies'-tresses habitat (Fertig et al. 2005, 
p. 85).
    The best available information indicates that this stressor is not 
having a population-level effect to Ute ladies'-tresses. Ute ladies'-
tresses tolerates a range of soil moisture as well as drought 
conditions, and, while drought conditions may temporarily reduce the 
number of flowering plants, Ute ladies'-tresses is able to remain 
dormant during periods of drought. The species' reliance on mycorrhizae 
may also mitigate the effects of drought stress (Ahluwalia et al. 2021, 
p. 7). The hydrology of its wetland habitat likely buffers the effects 
of minor reductions in precipitation or available water. We do not have 
a clear understanding of how Ute ladies'-tresses responds to severe or 
extreme droughts (defined as -3.0 or less on the Palmer Drought Index) 
(Dai et al. 2023, p. 1). However, we assume that an increase in the 
frequency of severe and extreme droughts will have a negative impact on 
the species. Therefore, we incorporated this stressor in our evaluation 
of current resiliency by assessing the hydrologic condition of 
occurrences (Service 2024, pp. 129-134). We incorporated this stressor 
in our evaluation of future resiliency based on the frequency of severe 
and extreme droughts at the occurrence level as part of the climate 
change stressor, which is discussed below (Service 2024, pp. 113-116).
Climate Change
    Climate change has the potential to impact Ute ladies'-tresses if 
the frequency of severe and extreme droughts increases in the future 
(see ``Drought,'' above), and it may place an added stress on the 
species and its habitat, particularly when other stressors are present. 
We used the Standardized Precipitation Evaporation Index (SPEI) that 
allowed us to project drought severity and frequency at the occurrence 
level, and we used a precipitation-evaporation model ensemble (of 20 
models) to evaluate how annual moisture availability is projected to 
change at the AU level (Service 2024, pp. 132-134). These models 
allowed us to evaluate future hydrologic conditions at the occurrence 
level, and the projected changes in water availability at the AU level. 
The SSA report describes other models and their limitations in detail 
(Service 2024, pp. 131-133). We used two different emission scenarios, 
a stabilization emission scenario using representative concentration 
pathway (RCP) 4.5 and a rising greenhouse gas emissions scenario using 
RCP 8.5 developed by the Intergovernmental Panel on Climate Change 
(IPCC).
    The SPEI index accounts for precipitation and temperature changes 
that are useful indicators for detecting and measuring drought severity 
and duration within a variety of habitats and over a range of climate 
projections (Vicente-Serrano et al. 2010, entire). For occurrences, we 
used the SPEI index data for the spring and summer months (March 
through August) that are important for plant growth and reproduction to 
calculate and compare the historical (1980-2019) and future (2023-2074) 
decadal frequency of severe and extreme droughts (North Central Climate 
Adaptation Science Center (NC CASC) 2022, data set; Service 2024, pp. 
132-134). The results of our evaluation indicate that the frequency of 
severe or extreme droughts during the spring and summer months varies 
across the species' range. At most occurrences, drought frequency is 
projected to increase by at least one but fewer than three additional 
severe or extreme droughts per decade; at some occurrences, drought 
frequency is projected to remain similar to or slightly increased from 
the historical frequency; and several occurrences project a slight 
decrease in drought frequency under one or both climate scenarios. 
Northern Utah, Idaho, and Washington are projected to generally remain 
stable or even see slight decreases in severe and extreme drought 
frequencies under both

[[Page 1065]]

scenarios. Occurrences along the southern part of the range, as well as 
those in Montana, are projected to see the greatest increase in drought 
severity and frequency. Lower elevation occurrences in desert 
ecosystems see the most extreme increases overall, and are more 
vulnerable to extirpation (Service 2024, pp. 198-199).
    The precipitation-evaporation model ensemble accounts for larger 
scale changes to regional water availability (e.g., dry getting drier, 
wet getting wetter) that we applied to the AU level as a proxy for 
future changes to the amount of potentially suitable habitat for Ute 
ladies'-tresses (Service 2024, pp. 134-136). While we do not know 
exactly how the amount of potentially suitable habitat will change in 
response to regional or watershed changes in water availability, we 
assumed that the amount of potentially suitable habitat within an AU 
would not change if future water availability in an AU remained within 
one standard deviation of historical levels. We compared the historical 
(1980-2020) and future (2020-2074) water availability in AUs. We found 
there was no meaningful change in water availability from historical 
levels under the two emission scenarios to indicate a decline in the 
amount of potentially suitable habitat (Willey 2024, entire; Service 
2024, pp. 134-136).
    Both intermediate and high emission scenarios (RCP 4.5 and 8.5) 
indicate that the range of Ute ladies'-tresses will be warmer and drier 
throughout the southern part of the range and warmer but with similar 
or slightly increased precipitation in northern Utah, Idaho, and 
Washington State in the future (through 2074) compared to historical 
conditions (Alder 2022, entire; Service 2024, pp. 13, 198). The 
frequency of severe or extreme droughts is expected to increase 
throughout most, although not all, of Ute ladies'-tresses' range. There 
is substantial uncertainty in how Ute ladies'-tresses will respond to 
more frequent severe or extreme droughts in many AUs within its range. 
When we considered characteristics that contribute to its ability to 
adapt to changing climate conditions, Ute ladies'-tresses has many 
attributes indicating moderate to high levels of adaptive capacity; 
these attributes include the species' large range occupying 12 
ecoregions, its variable dispersal ability and moderately high 
dispersal distance along waterways, its general habitat requirements, 
and its flexible ability to reduce its exposure to climate stressors by 
remaining dormant during unfavorable conditions (Thurman et al. 2020, 
entire; Service 2024, pp. 123-129). We incorporated this stressor in 
our evaluation of future resiliency as part of the combined results of 
climate change and the human population change stressor in the SSA 
report and below (see Future Scenarios and Future Condition, below; 
Service 2024, pp. 129-199).
Human Population Change
    Human population change within the range of Ute ladies'-tresses may 
increase the negative effects of anthropogenic stressors and 
environmental stressors to the species. The future rate and location of 
these changes is unclear, but human population growth is projected to 
increase at a regional scale within the species' range in the western 
United States (Weldon Cooper Center for Public Service 2024, entire).
    We incorporated this stressor in our evaluation of future 
resiliency by evaluating the projected loss of Ute ladies'-tresses 
habitat in occurrences (Service 2024, pp. 129-136). We report the 
combined results of climate change and the human population change 
stressor in the SSA report and below (see Future Scenarios and Future 
Condition, below; Service 2024, pp. 129-199).

Current Condition

    To assess the current condition of Ute ladies'-tresses across its 
extensive range, we broke the range into 18 smaller analytical units 
(AUs) based on USGS 6-digit hydrological unit code (HUC-6) watershed 
basins in consultation with species experts (see table 1 below; Jones 
et al. 2022, pp. 2, 5; Service 2024, pp. 26-28). This watershed scale 
provides a biologically meaningful delineation of areas where regular 
gene flow likely occurs between occurrences (Service 2024, pp. 23-26). 
As discussed above, we consider Ute ladies'-tresses AUs to be 
surrogates for populations (see Background, above). A map of these AUs 
is available in the SSA report (Service 2024, p. 4, figure 1).
    In our SSA report, we evaluate current condition by examining 
current levels of resiliency in the 18 extant Ute ladies'-tresses AUs 
and implications for redundancy and representation. Here, we summarize 
our evaluation of the current condition for the resiliency, redundancy, 
and representation of Ute ladies'-tresses. Additional detail regarding 
our analysis is provided in the SSA report (Service 2024, pp. 100-127).
Resiliency
    We describe the resiliency for each of the 18 AUs in terms of the 
demographic and habitat factors needed by Ute ladies'-tresses (Service 
2024, pp. 93-96). We developed a categorical model to calibrate 
resiliency based on the range of demographic and habitat conditions in 
each AU. We first identified resource or demographic factors that 
contribute to the species' resiliency; these factors align with the 
individual resource needs and population-level needs we identified in 
the SSA analysis. We then defined threshold values for each identified 
resource or demographic factor that represent high, moderate, or low 
levels of that factor. Finally, we evaluated whether the current levels 
of each resource or demographic factor in a population fall within the 
predetermined thresholds for a high, moderate, or low score for the 
category; we then averaged these scores for each category to develop an 
overall current resiliency score for each population.
    For Ute ladies'-tresses, our categorical model assessed the 
resiliency of each AU by evaluating (1) hydrologic condition, a 
qualitative evaluation of the hydrologic regime; (2) vegetative habitat 
condition, a qualitative evaluation of floral resources for Ute 
ladies'-tresses pollinators and successional stage; (3) abundance, the 
number of occupied occurrences within the AU; (4) potential habitat 
availability, the percentage of modeled suitable habitat within the AU; 
and (5) connectivity, the number of occurrences connected by modeled 
suitable habitat. We selected these habitat and demographic factors 
based on their importance to the species' resiliency and because we 
could evaluate them relatively consistently across all 18 AUs.
    Resiliency categories, thresholds, and scores were established 
based on the best available information and professional opinion of 
species experts. Hydrologic condition was based on expert opinion, 
available survey reports, and inspection of aerial imagery to assess 
surface or subsurface water in the habitat and the frequency of extreme 
flooding or year-round inundation. Vegetative habitat condition was 
based on expert opinion and available survey reports to assess whether 
the condition was good, moderate, or poor for Ute ladies'-tresses. 
Abundance was based on State heritage program database information and 
available survey reports to identify the number of extant occurrences 
within AUs. Percentage of potential habitat availability and 
connectivity (the number of occurrences connected by potentially 
suitable habitat) within each AU were based on Service modeled suitable 
habitat (Service 2024, pp. 96-99, appendix I). We applied equal weight 
to four factors (hydrologic condition, vegetative habitat condition, 
abundance, and connectivity)

[[Page 1066]]

and applied one-half the weight (0.5) to the potential habitat 
availability factor because we have less confidence in the results 
compared to the other factors, as the potential habitat availability 
model only represents the potential for the species to recolonize into 
new areas following a possible extirpation and may overpredict 
potential habitat in AUs.
    There are 18 Ute ladies'-tresses AUs comprised of 62 occurrences, 
and according to our current condition analysis in the SSA report, 5 
have high resiliency, 8 have moderate resiliency, and 5 have low 
resiliency (see table 1, below; Service 2024, pp. 122-123). The 13 AUs 
with high and moderate resiliency maintain moderate or high hydrologic 
condition; moderate or high population abundance (the exception is 
Lower Bear AU with low abundance); and a range of scores for vegetative 
habitat condition, connectivity, and potential habitat availability. 
The 13 AUs with high or moderate resiliency are distributed across the 
species' range, are present in all 8 U.S. States and Canada, and are 
present in 10 of the 12 ecoregions (see table 1, below). Five AUs have 
low resiliency due to low abundance and two or more additional factors 
with low scores. Notably, all 18 AUs have moderate or high resiliency 
scores for hydrological condition. The 13 AUs with high or moderate 
resiliency are at less risk from potential stochastic events, such as 
climatic variation, than the AUs with low resiliency.

                   Table 1--Current Condition Resiliency Rankings for Ute Ladies'-Tresses AUs
----------------------------------------------------------------------------------------------------------------
                                       Number of
    AU name (States * or Canada)         extant                AU resiliency               Level-III ecoregions
                                      occurrences
----------------------------------------------------------------------------------------------------------------
Cheyenne (WY, SD, NE)...............            1  Low..................................  Northwestern Great
                                                                                           Plains.
Colorado Headwaters (CO)............            2  Moderate.............................  Southern Rockies.
Great Salt Lake (UT, NV)............            1  Low..................................  Central Basin and
                                                                                           Range.
Jordan (UT).........................            5  High.................................  Central Basin and
                                                                                           Range, Wasatch and
                                                                                           Uinta Mountains.
Lower Bear (UT, ID).................            1  Moderate.............................  Central Basin and
                                                                                           Range, Wasatch and
                                                                                           Uinta Mountains.
Lower Colorado-Lake Mead (NV, UT,               1  Low..................................  Wasatch and Uinta
 AZ).                                                                                      Mountains, Colorado
                                                                                           Plateaus.
Lower Green River (UT, CO)..........           13  High.................................  Central Basin and
                                                                                           Range.
Missouri Headwaters (MT, WY)........            9  High.................................  Middle Rockies.
Niobrara (WY, SD, NE)...............            2  Moderate.............................  High Plains.
North Platte (WY, NE, CO)...........            3  High.................................  High Plains.
Snake Headwaters (ID, WY)...........            2  Moderate.............................  Snake River Plain,
                                                                                           Middle Rockies.
South Platte (WY, CO, NE)...........            6  Moderate.............................  Southern Rockies, High
                                                                                           Plains.
Upper Colorado-Dirty Devil (UT, AZ).            1  Low..................................  Colorado Plateau.
Upper Columbia (WA, Canada).........            6  Moderate.............................  Columbia Plateau,
                                                                                           North Cascades.
Upper Green (UT, CO)................            2  High.................................  Wasatch and Uinta
                                                                                           Mountains, Colorado
                                                                                           Plateau, Wyoming
                                                                                           Basin.
Upper Missouri (MT).................            2  Moderate.............................  Middle Rockies.
Upper Snake (ID, WY, UT, NV)........            4  Moderate.............................  Snake River Plain,
                                                                                           Middle Rockies.
Weber (UT, WY)......................            1  Low..................................  Central Basin and
                                                                                           Range.
----------------------------------------------------------------------------------------------------------------
* State abbreviations are Arizona (AZ), Colorado (CO), Idaho (ID), Montana (MT), Nebraska (NE), Nevada (NV),
  South Dakota (SD), Utah (UT), Washington (WA), and Wyoming (WY).

Redundancy
    Redundancy describes the number and distribution of AUs, and the 
greater the number and the wider the distribution of the AUs, the 
better Ute ladies'-tresses can withstand catastrophic events. The 
plausibility of catastrophic events also influences species' 
redundancy; if catastrophic events are unlikely within the range of the 
species, catastrophic risk is inherently lower. We identified severe to 
extreme drought conditions as a plausible catastrophic event that may 
affect one or more population simultaneously. We evaluated the risk of 
this catastrophic event and its impact on species redundancy in our 
future scenarios (see Future Scenarios and Future Condition, below). 
Ute ladies'-tresses' redundancy is characterized by 18 AUs (watersheds) 
distributed across its large range; AUs are separated by the Northern 
and Middle Rocky Mountains, and distances of approximately 350 miles 
for the more isolated Upper Columbia AU. As we mentioned above, the 13 
AUs with high or moderate resiliency are distributed across the 
species' range, are present in all 8 U.S. States and Canada, and are 
present in 10 of the 12 ecoregions. Thus, the 13 higher resiliency 
populations and their distribution help spread the risk of catastrophic 
drought conditions over a larger geographic area and contribute to the 
species' ability to withstand catastrophic events. We are aware of one 
AU (Upper Arkansas) that is extirpated in Colorado due to urban 
development (Service 2024, pp. 65-66, 100-109).
Representation
    Ute ladies'-tresses exhibits considerable ecological diversity; the 
species is found in 3 different ecological classifications (Great 
Plains, North American Deserts, and Western Forested Mountains), 12 
level-III ecoregions, and 7 habitat types (see Background, above). High 
genetic diversity was documented in populations located in six of the 
eight States within the species' range, and there is very little 
morphological variability across the range. The species has greater 
levels of representation than we previously understood at the time Ute 
ladies'-tresses was listed in 1992, because of our better understanding 
of the species, including more known occurrences and AUs, and a broader 
known distribution.

Future Scenarios and Future Condition

    In our SSA report, we forecasted the resiliency of Ute ladies'-
tresses AUs and the redundancy and representation of the species for 
approximately 50 years (to 2074) using a range of three plausible 
future scenarios. We relied on combined IPCC climate and land use 
projections out to 2074 (the timeframe for which they were available). 
These projections informed our evaluation of habitat loss from 
anthropogenic activities. This

[[Page 1067]]

timeframe encompasses approximately 2 to 3 generations of the species, 
the duration (30 years) of the applicable Federal land management plans 
by USFS and BLM, and the duration (50 years or more) of dam operation 
contracts or licenses. We can reasonably determine projected changes in 
the climate change and anthropogenic activities/stressors using 
geospatial data sets and the species' likely responses to those 
stressors within this 50-year timeframe (i.e., the foreseeable future).
    We developed three plausible future scenarios using three climate 
models that were downscaled to the Ute ladies'-tresses' AUs. By 
developing a range of plausible future scenarios, we assume that actual 
future conditions will likely fall somewhere between these three 
scenarios. We consider the driving factors of the species' viability to 
be two separate, but interconnected influences--the effects of 
anthropogenic activity related to loss of habitat from stressors that 
include urban development, water management, agriculture, recreation, 
and land conversion, and the effects of climate change influencing the 
amount of water available in a watershed. The primary negative 
influence of anthropogenic activity to AU resiliency is the loss of Ute 
ladies'-tresses plants and habitat, regardless of the particular 
anthropogenic stressor(s). We then used existing models and data to 
project the effects of climate change and anthropogenic activities on 
the demographic and habitat factors that influence resiliency, 
redundancy, and representation. We calculated the future resiliency 
score using the same methods as the current condition score. If 
anthropogenic activity was projected to cause extirpation of an 
occurrence (50 percent or more potential suitable habitat loss was 
projected), it was removed from the AU prior to the evaluation of 
climate change effects. If the AU future resiliency ranking fell below 
0.9 (lowest possible original score), we assumed the AU would become 
extirpated (a condition lower than the low condition category and 
unlikely to be resilient to stochastic events) in the foreseeable 
future under that scenario.
    For anthropogenic activity, we evaluated the projected loss of Ute 
ladies'-tresses habitat in occurrences based on changes in land use and 
land cover (Service 2024, pp. 134-136). We used USGS land cover 
projections out to 2074 that correspond to the three climate change and 
human population change scenarios (B1, B2, and A2) developed by the 
IPCC (Sohl et al. 2018, data set; USGS 2019, dataset). Detailed 
descriptions of each scenario are available in the SSA report (Service 
2024, pp. 129-199). Scenario 1 (B1) represents a stabilization of 
emissions (RCP 4.5) and a slowed rate of human population growth. The 
B1 or stabilization climate scenario describes a global population that 
peaks in mid-century and declines thereafter under intermediate 
emissions. Scenario 2 (B2) represents the continuation of the current 
rate of human population growth into the future with technology 
mitigating some growth under high emissions (RCP 8.5), and Scenario 3 
(A2) represents a largely unchecked population growth under high 
emissions (RCP 8.5) (IPCC 2000, pp. 9-11).
    The USGS land cover projections identify changes on non-Federal 
lands because they have a higher risk of development and other 
anthropogenic stressors compared to Federal lands. This is consistent 
with our understanding of the development risk for the species' wetland 
habitats. We consider there to be a low risk of future development in 
Ute ladies'-tresses habitat on Federal lands, and we assumed no habitat 
loss from development on Federal lands in our future projections.
    We consider the USGS emergent wetlands, woody wetlands, and hay or 
pasture land cover categories to represent suitable habitat for Ute 
ladies'-tresses, and we calculated the amount of habitat loss based on 
projected changes to those land cover categories. We assumed the loss 
of habitat if suitable habitat for Ute ladies'-tresses within an 
occurrence was converted to moderately or highly developed land or to 
cultivated cropland categories. If there was 50 percent or more 
suitable habitat loss within an occurrence, then we considered the 
occurrence to be extirpated.
    Depending on the scenario, some occurrences in rapidly urbanizing 
areas are projected to be extirpated; however, there is very little 
habitat loss projected for most of the occurrences (Service 2024, pp. 
139-199). In the B1 scenario, human population change and associated 
anthropogenic stressors were projected to result in the loss of three 
occurrences in Utah and Colorado (within the Jordan, Lower Green River, 
and South Platte AUs). In the B2 scenario, we project a loss of 10 
occurrences in Utah, Colorado, Montana, and Idaho (within the Jordan, 
Lower Green River, Missouri Headwaters, South Platte, Upper Colorado-
Dirty Devil, Upper Snake AUs). In the A2 scenario, we project a loss of 
11 occurrences in Utah, Colorado, Nevada, Montana, and Idaho (within 
the Jordan, Lower Colorado-Lake Mead, Lower Green River, Missouri 
Headwaters, South Platte, Upper Colorado-Dirty Devil, Upper Missouri, 
Upper Snake AUs). For some occurrences, if they were projected to be 
extirpated because of a loss of hydrologic condition, we did not assess 
their projected extirpation risk from human activities.
    As discussed above, we evaluated climate change effects to 
occurrence hydrologic condition using SPEI index projections of severe 
and extreme drought frequency out to 2074 (see ``Climate Change,'' 
above). We used SPEI index projections under intermediate emissions 
(RCP 4.5) for Scenario 1, and SPEI index projections under high 
emissions (RPC 8.5) for Scenarios 2 and 3. For each occurrence, we 
compared the historical and projected future decadal frequency (to 
2074) of severe and extreme droughts within the species' range. We made 
no change to an occurrence's projected hydrologic or vegetative 
condition category if the drought frequency was projected to remain 
similar to the historical drought frequency (less than one additional 
severe or extreme drought per decade above the historical frequency). 
For all three scenarios, we reduced an occurrence's future hydrologic 
condition by one category (from high to moderate; moderate to low) if 
the drought frequency was projected to increase by 1 to 1.9 severe to 
extreme drought(s) per decade above the historical frequency, and by 
two categories if the frequency was projected to increase by 2 to 3 
severe to extreme droughts per decade above the historical frequency.
    For climate change effects to occurrence vegetative habitat 
condition, we assumed that there was no change in the condition 
category under intermediate emissions (RCP 4.5) for Scenario 1. 
However, we assumed that vegetative habitat condition would change the 
same amount as hydrologic condition for a given occurrence under the 
two high emissions scenarios, Scenarios 2 and 3 (Service 2024, p. 133).
    In Scenario 1 (B1), anthropogenic activities are projected to 
increase in two States within the range; associated habitat loss would 
result in the extirpation of three occurrences in Utah and Colorado 
(within the Jordan, Lower Green River, and South Platte AUs). However, 
the extirpations of these occurrences do not affect the overall AU 
resiliency scores.
    The frequency of severe and extreme droughts varies across the 
species' range. Small increases in decadal

[[Page 1068]]

drought frequency are projected for most occurrences in northern Utah, 
Idaho, and Washington, although a few occurrences in those States show 
a small decrease in drought frequency relative to current trends. The 
remaining States and Canada show a larger per decade increase in 
drought frequency (by approximately 1 to 2 more additional severe to 
extreme droughts per decade) at most occurrences. No occurrences were 
projected to have an increase of three or more severe to extreme 
droughts in any scenario. Occurrences in Montana and those at the 
southern edges of the range in Nevada and southern Utah are projected 
to see the largest increases in drought frequency. Projected climate 
change effects and associated declines in occurrence hydrologic 
condition result in the extirpation of five occurrences in Montana, 
Colorado, and Utah (within the Missouri Headwaters, South Platte, Upper 
Colorado-Dirty Devil AUs). The one extirpated occurrence in the Upper 
Colorado-Dirty Devil AU results in the extirpation of that AU, since 
that is the only occurrence in that AU.
    We project the resiliency of 15 AUs will remain the same as current 
conditions, 2 AUs (Missouri Headwaters, North Platte) will drop from 
high to moderate overall resiliency, and 1 AU (Upper Colorado-Dirty 
Devil) will drop from low resiliency to extirpated (see table 2, 
below). Declines in AU resiliency were driven by climate change 
effects. Redundancy declines because 17 AUs remain and 1 is extirpated, 
and representation remains the same as current conditions in terms of 
represented ecoregions and habitat types.
    Ute ladies'-tresses is projected to maintain 13 AUs with high or 
moderate resiliency in Scenario 1 (B1), and these AUs are at less risk 
from potential stochastic events, such as climatic variation, than the 
4 AUs with low resiliency.
    In Scenario 2 (B2), anthropogenic activities increase in four 
States within the range; projections of this stressor and associated 
habitat loss result in the extirpation of nine occurrences in Utah, 
Colorado, Montana, and Idaho (within the Jordan, Lower Green River, 
Missouri Headwaters, South Platte, and Upper Snake AUs).
    The frequency of severe and extreme droughts is projected to 
increase in most AUs by one to less than three additional severe to 
extreme droughts per decade over current trends. Similar to Scenario 1, 
Utah, Idaho, and Washington experience the smallest increases in 
drought frequency, and in some cases smaller than the frequencies 
projected in Scenario 1, which is considered the less extreme climate 
scenario. However, occurrences in Montana and at the southern edges of 
the range in Nevada and southern Utah are projected to have the largest 
increases in drought frequency. Projected climate change effects and 
associated declines in occurrence hydrologic condition result in the 
extirpation of the Upper Colorado-Dirty Devil AU and two additional 
occurrences in Montana in the Missouri Headwaters AU.
    We project the overall resiliency of 13 AUs will remain the same as 
the current condition, 2 AUs (Jordan, North Platte) will drop from high 
to moderate condition, 1 AU (Missouri Headwaters) will drop from high 
to low condition, 1 AU (South Platte) will drop from moderate to low 
condition, and 1 AU (Upper Colorado-Dirty Devil) will drop from low to 
extirpated condition (see table 2, below). Declines in AU resiliency 
were driven by anthropogenic activities in the Jordan AU, the 
combination of anthropogenic activities and climate change effects in 
the Missouri Headwaters and South Platte AUs, and climate change 
effects in the North Platte and Upper Colorado-Dirty Devil AUs. 
Redundancy declines because 17 AUs remain and 1 is extirpated, and 
representation remains the same as current conditions in terms of 
represented ecoregions and habitat types.
    The increase in climate change and anthropogenic effects compared 
to current conditions under Scenario 2 has the potential to negatively 
impact vegetative condition. We expect dormant seedlings and plants to 
remain viable under this scenario and to support population resiliency. 
Despite some reduction in resiliency, Ute ladies'-tresses is projected 
to maintain 11 AUs with high or moderate resiliency in this scenario, 
and these AUs are at less risk from potential stochastic events, such 
as climatic variation, than the 6 AUs with low resiliency.
    In Scenario 3 (A2), anthropogenic activities increase in 5 States 
within the species' range; associated habitat loss results in the 
extirpation of 11 occurrences in Utah, Colorado, Montana, Idaho, and 
Nevada (within the Jordan, Lower Green River, Missouri Headwaters, 
South Platte, Upper Snake, Upper Missouri, and Lower Colorado-Lake Mead 
AUs).
    As in Scenario 2, more occurrences are projected to see increases 
of one to less than three additional severe to extreme droughts per 
decade over current trends, and these effects are compounded by more 
anthropogenic activity. Projected climate change effects and associated 
declines in occurrence hydrologic condition result in the extirpation 
of the Upper Colorado-Dirty Devil AU, as well as three occurrences in 
Colorado and Montana (within the South Platte and Missouri Headwaters 
AUs).
    We project the overall resiliency of 11 AUs will remain the same as 
the current condition, 2 AUs (Jordan, North Platte) will drop from high 
to moderate condition, 1 AU (Missouri Headwaters) will drop from high 
to low condition, 2 AUs (South Platte and Upper Missouri) will drop 
from moderate to low condition, and 2 AUs (Upper Colorado-Dirty Devil 
and Lower Colorado-Lake Mead) will drop from low to extirpated 
condition (see table 2, below). Declines in AU resiliency were driven 
by anthropogenic activities in the Jordan and Lower Colorado-Lake Mead 
AUs; the combination of anthropogenic activities and climate change 
effects in the Missouri Headwaters, Upper Missouri, and South Platte 
AUs; and climate change effects in the North Platte and Upper Colorado-
Dirty Devil AUs. Redundancy declines because 16 AUs remain and 2 are 
extirpated, and representation remains the same as current conditions 
in terms of represented ecoregions and habitat types.
    The increase in climate change and anthropogenic effects compared 
to current conditions under Scenario 3 has the potential to negatively 
impact vegetative condition. We expect dormant seedlings and plants to 
remain viable under this scenario and to support population resiliency. 
Despite some reduction in resiliency, Ute ladies'-tresses is projected 
to maintain 10 AUs with high or moderate resiliency in this scenario, 
and these AUs are at less risk from potential stochastic events, such 
as climatic variation, than the 6 AUs with low resiliency.

[[Page 1069]]

     Table 2--Summary of Ute Ladies'-Tresses Resiliency for the Current Condition and Three Future Scenarios
----------------------------------------------------------------------------------------------------------------
                                                                    Resiliency
               AU                -------------------------------------------------------------------------------
                                  Current  condition   Future scenario 1   Future scenario 2   Future scenario 3
----------------------------------------------------------------------------------------------------------------
Cheyenne........................  Low...............  Low...............  Low...............  Low.
Colorado Headwaters.............  Moderate..........  Moderate..........  Moderate..........  Moderate.
Great Salt Lake.................  Low...............  Low...............  Low...............  Low.
Jordan..........................  High..............  High..............  Moderate..........  Moderate.
Lower Bear......................  Moderate..........  Moderate..........  Moderate..........  Moderate.
Lower Colorado-Lake Mead........  Low...............  Low...............  Low...............  Extirpated.
Lower Green River...............  High..............  High..............  High..............  High.
Missouri Headwaters.............  High..............  Moderate..........  Low...............  Low.
Niobrara........................  Moderate..........  Moderate..........  Moderate..........  Moderate.
North Platte....................  High..............  Moderate..........  Moderate..........  Moderate.
Snake Headwaters................  Moderate..........  Moderate..........  Moderate..........  Moderate.
South Platte....................  Moderate..........  Moderate..........  Low...............  Low.
Upper Colorado-Dirty Devil......  Low...............  Extirpated........  Extirpated........  Extirpated.
Upper Columbia..................  Moderate..........  Moderate..........  Moderate..........  Moderate.
Upper Green.....................  High..............  High..............  High..............  High.
Upper Missouri..................  Moderate..........  Moderate..........  Moderate..........  Low.
Upper Snake.....................  Moderate..........  Moderate..........  Moderate..........  Moderate.
Weber...........................  Low...............  Low...............  Low...............  Low.
----------------------------------------------------------------------------------------------------------------

    Under all three future scenarios, the overall resiliency of at 
least 11 AUs is projected to remain the same as the current condition. 
Declines in overall resiliency for the remaining AUs were driven by 
climate change in Scenario 1 and the combination of anthropogenic 
activities and climate change in Scenarios 2 and 3. Under all three 
future scenarios, Ute ladies'-tresses is projected to maintain at least 
10 AUs with high or moderate resiliency, and these AUs are at less risk 
from potential stochastic events, such as climatic variation, than the 
AUs with low resiliency. AUs along large, mainstem rivers with multiple 
occurrences (Upper Green, Lower Green River, Upper Columbia, Upper 
Snake, Lower Bear, Niobrara, Colorado Headwaters) are the most 
resilient; they maintain their overall resiliency scores across all 
future scenarios despite projected declines in abundance and 
connectivity. The Upper Colorado-Dirty Devil AU in the southern part of 
the range is the least resilient and is projected to be extirpated in 
all three future scenarios due to climate change.
    Under all three future scenarios, some genetic diversity within 
populations could be lost. However, even in the most pessimistic 
plausible scenario (Scenario 3), 16 AUs are expected to remain extant 
and ecological variation will continue to be represented by the 12 
ecoregions and 7 habitat types across Ute ladies'-tresses' range.
    We note that, by using the SSA framework to guide our analysis of 
the scientific information documented in the SSA report, we have 
analyzed the cumulative effects of identified threats and conservation 
actions on the species. To assess the current and future condition of 
the species, we evaluate the effects of all the relevant factors that 
may be influencing the species, including threats and conservation 
efforts. Because the SSA framework considers not just the presence of 
the factors, but to what degree they collectively influence risk to the 
entire species, our assessment integrates the cumulative effects of the 
factors and replaces a standalone cumulative-effects analysis.
    See the SSA report (Service 2024, entire) for a more detailed 
discussion of our evaluation of the biological status of Ute ladies'-
tresses and the stressors that may affect its continued existence. Our 
conclusions in the SSA report, which form the basis for the 
determination below, are based upon the best available scientific and 
commercial data.

Conservation Efforts and Regulatory Mechanisms

    There are several regulatory mechanisms, as well as conservation 
efforts, that may minimize the effect of stressors or provide benefits 
to Ute ladies'-tresses. Due to the broad distribution of Ute ladies'-
tresses in the United States and Canada, management of this species 
falls under numerous jurisdictions. Roughly 95 percent of the species' 
range occurs in the United States, with the remaining 5 percent of its 
range occurring in British Columbia, Canada. In the United States, 
approximately 37 percent of land where the species occurs is federally 
owned or managed by the BLM, USBR, USFS, Service, NPS, and DOD. Almost 
half of the land, approximately 47 percent, is under private ownership. 
There is a small amount (approximately 3 percent) of Ute ladies'-
tresses habitat where the land ownership is not known. The remaining 13 
percent of the species' range is on State and Tribal lands (Service 
2024, p. 39).
International Regulatory Mechanisms
    International trade in all orchids is regulated by the Convention 
on International Trade in Endangered Species of Wild Flora and Fauna 
(CITES; 27 U.S.T. 1087, March 3, 1973), an international agreement 
ratified by most countries worldwide since 1975. The purpose of CITES 
is to regulate the international wildlife trade to safeguard certain 
species from over-exploitation. Ute ladies'-tresses is listed as an 
appendix II species of CITES and would remain an appendix II species if 
delisted under the Act because it is an orchid. Under CITES, exporters 
must obtain a permit for international shipment of specimens. Export 
permits for an appendix II species are issued only when the following 
findings are made: (1) a scientific finding of non-detriment (i.e., 
data or expert scientific opinion on the biological status of the 
species indicating that the export is not likely to be detrimental to 
species survival); and (2) a finding that specimens were acquired 
legally (i.e., evidence that specimens to be exported were not obtained 
in violation of any State, Federal, or other jurisdictional law). More 
information on CITES can be found at: https://cites.org/eng/disc/what.php.
    In Canada, the Committee on the Status of Endangered Wildlife in 
Canada (COSEWIC) designated Ute ladies'-tresses as a schedule 1 
endangered species under the Canadian Species at Risk Act (SARA) in 
November 2018, due to the high risk of extirpation

[[Page 1070]]

(COSEWIC 2018, entire). This designation provides protection from 
harming, killing, collecting, buying, selling, or possessing Ute 
ladies'-tresses on Federal Crown lands. In Canada, the species occurs 
on lands within an Ecological Reserve that are permanently protected 
and managed by British Columbia Parks for their biodiversity, and on 
lands within the Osoyoos Indian Reserve with no conservation status 
(COSEWIC 2018, pp. 43-44).
Federal Regulatory Mechanisms
    Clean Water Act--The Clean Water Act (CWA) was designed, in part, 
to protect surface waters of the United States from unregulated 
pollution from point sources. The CWA provides some benefit to Ute 
ladies'-tresses through the regulation of discharge into surface waters 
through a permitting process; however, the historical threats to Ute 
ladies'-tresses habitat have not typically been associated with point 
sources of pollution, and the best available information indicates that 
pollution is not a stressor.
    Under section 404 of the CWA, the U.S. Army Corps of Engineers 
(USACE) regulates the discharge of fill material into waters of the 
United States, including wetlands that meet certain jurisdictional 
requirements. In general, the term ``wetland'' refers to areas meeting 
the USACE's criteria of hydric soils, hydrology (either sufficient 
annual flooding or water on the soil surface), and hydrophytic 
vegetation (plants specifically adapted for growing in wetlands).
    The USACE and the U.S. Environmental Protection Agency (EPA) 
amended the definition of ``waters of the United States'' as it applies 
to the CWA and the jurisdictional authority of the USACE on September 
8, 2023 (88 FR 61964), to comply with a 2023 Supreme Court Decision, 
Sackett v. Environmental Protection Agency. Under the new definition, 
jurisdictional (that is, regulated under the authority of the CWA) 
wetlands are those wetlands adjacent to navigable waters defined as 
interstate waters, and relatively permanent, standing or continuously 
flowing bodies of water with continuous surface connection to certain 
other bodies of water (see 33 CFR 328.3(a)(1) and (a)(4), and 40 CFR 
120.2(a)(4)); and jurisdictional ``waters of the United States'' 
include certain intrastate lakes and ponds (see 33 CFR 328.3(a)(5)). 
Under this definition of waters of the United States, Ute ladies'-
tresses occurrences along interstate waters or along intrastate lakes, 
ponds, streams, or wetlands that are relatively permanent, standing or 
continuously flowing bodies of water with a continuous surface 
connection to certain waterbodies would be considered as occurring in 
jurisdictional waters/wetlands, and we expect the protections of the 
CWA to remain if we delist Ute ladies'-tresses under the Act. However, 
in some cases, occurrences in wet meadow, spring, or seep habitats that 
do not meet the definition would not be considered jurisdictional 
waters/wetlands under the CWA. This means the loss of indirect 
protections under the CWA for occurrences on non-Federal lands in the 
United States. Under the previous and new definition of ``waters of the 
United States,'' certain farming activities, ditches, artificially 
irrigated areas that would revert to dry land if irrigation ceased, and 
artificial lakes, ponds, or waterfilled depressions incidental to 
construction activity are not considered waters of the United States 
and are excluded from the CWA's section 404 regulations.
    National Environmental Policy Act--Environmental review of 
potential effects of Federal actions is mandated under the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). When NEPA 
analysis reveals significant environmental effects, the Federal 
agencies must disclose those effects to the public and consider 
mitigation that could offset the effects. These mitigations usually 
provide some protections for listed species. However, NEPA does not 
require that adverse impacts be mitigated, only disclosed. Therefore, 
it is unclear what level of protection would be conveyed to Ute 
ladies'-tresses through NEPA, in the absence of protections under the 
Act.
    National Park Organic Act--Federal activities on National Park 
Service (NPS) lands are subject to the National Park Service Organic 
Act (54 U.S.C. 100101 et seq.). The Organic Act specifies that the NPS 
will promote and regulate the use of the National Park System (System) 
by means and measures that conform to the fundamental purpose of the 
System units, which purpose is to conserve the scenery, natural and 
historic objects, and wild life in the System units and to provide for 
the enjoyment of the scenery, natural and historic objects, and wild 
life in such manner and by such means as will leave them unimpaired for 
the enjoyment of future generations (54 U.S.C. 100101(a)).
    The NPS manages Ute ladies'-tresses occurrences in Dinosaur 
National Monument along the Green River in northwestern Colorado (Upper 
Green and Lower Green River AUs) and a historical occurrence in Capitol 
Reef National Park in Utah (Fertig et al. 2005, pp. 74, 77-78, 82, 89-
90; Hendricks 2005, entire; Service 2024, pp. 67, 71, 84-85). For 
listed species, NPS provides habitat protections from conflicting land 
use; however, the NPS does not control the hydrology of the Green or 
Fremont Rivers. We expect habitat protections to continue along the 
Green River if we delist Ute ladies'-tresses based on the regulatory 
mechanisms provided by the Organic Act.
    National Wildlife Refuge System Improvement Act--As directed by the 
National Wildlife Refuge System Improvement Act (Pub. L. 105-57), 
Service refuge managers have the authority and responsibility to 
protect native ecosystems, fulfill the purposes for which an individual 
refuge was founded, and implement strategies to achieve the goals and 
objectives stated in management plans. In the Lower Green River AU, 
Browns Park National Wildlife Refuge contained habitat for Ute ladies'-
tresses along the Green River in northwestern Colorado upstream of 
Dinosaur National Monument as recently as 1999. Since then, flood and 
scour events have reduced the amount of occupied and suitable Ute 
ladies'-tresses habitat on the refuge (Horne 2024, pers. comm.). Browns 
Park National Wildlife Refuge's comprehensive conservation plan (CCP) 
is a land management plan that directs the protection and restoration 
of riparian and wetland habitats, including Ute ladies'-tresses habitat 
on the refuge (Service 1999, p. 22). Browns Park National Wildlife 
Refuge will continue to protect riparian and wetland habitats that 
include Ute ladies'-tresses habitat regardless of the Federal listing 
status of Ute ladies'-tresses (Horne 2024, pers. comm.).
    In addition to specific protections for Ute ladies'-tresses 
provided under CCPs, the species is permanently protected by the 
mission of the National Wildlife Refuge System to administer a national 
network of lands and waters for the conservation, management, and where 
appropriate, restoration of the fish, wildlife, and plant resources and 
their habitats within the United States for the benefit of present and 
future generations of Americans (16 U.S.C. 668dd(a)(2)).
    National Forest Management Act--Federal activities on U.S. Forest 
Service (USFS) lands are subject to the National Forest Management Act 
of 1976 (NFMA; 16 U.S.C. 1600 et seq.). The NFMA requires the 
development and implementation of resource management plans to guide 
the maintenance of ecological conditions that support natural 
distributions and abundance of species and not contribute to their 
extirpation.

[[Page 1071]]

    The USFS manages Ute ladies'-tresses occurrences in the Ashley 
National Forest in northeastern Utah (Lower Green River AU), the Uinta-
Wasatch Cache National Forest in northcentral Utah (Jordan AU), and the 
Caribou-Targhee National Forest in Idaho (Snake Headwaters AU) (Service 
2024, pp. 47, 51, 61). Guidance for conservation of Ute ladies'-tresses 
is included in the Caribou-Targhee, Uinta, and Ashley National Forest 
plans (USFS 1997, p. III-14; USFS 2003, pp. 2-6, 5-51-5-53; USFS 2023, 
pp. 20-21, 54, 90, 93). The Uinta-Wasatch Cache National Forest 
designated the portion of the Diamond Fork Creek occurrence as a 
``riparian habitat conservation area class I,'' which affords the 
highest level of protection (300-ft (91-m) avoidance buffer) for Ute 
ladies'-tresses in that area (USFS 2003, pp. D-1, D-2).
    If we delist Ute ladies'-tresses, the species may still be 
recognized as a USFS species of conservation concern whereby the agency 
is directed to provide ecological conditions necessary to maintain 
viable populations of the species (77 FR 21162, April 9, 2012; 36 CFR 
219.9; Hayward et al. 2016, pp. 8, 21-28). The USFS in each respective 
region has the authority to designate Ute ladies'-tresses as regional 
forester sensitive species (RFSS), which is similar to a USFS species 
of conservation concern (77 FR 21162 at 21175, April 9, 2012; 36 CFR 
219.9(c)). If, in the future, Ute ladies'-tresses undergoes a downward 
trend and its viability is a concern, the USFS has the authority to 
designate it as a species of conservation concern. In addition, if 
delisted, Ute ladies'-tresses occupying riparian habitats on USFS lands 
will continue to receive levels of protection for riparian habitats 
identified in the forest plans (USFS 1997, pp. III-9-III-12; USFS 2003, 
pp. 3-2-3-5, 3-9-3-10, 3-14-3-15, 3-22, 3-25-3-27, D-1, D-2; USFS 2023, 
pp. 17-18, 46, 50, 53-54, 92).
    Federal Land Policy and Management Act--The Federal Land Policy and 
Management Act (FLPMA; 43 U.S.C. 1701 et seq.) applies to the BLM with 
regard to the conservation and use of public lands under their 
management. The BLM manages Ute ladies'-tresses occurrences in 
Colorado, Utah, Idaho, Washington, and Wyoming (Colorado Headwaters, 
Lower Colorado-Lake Mead, Upper Colorado-Dirty Devil, Lower Green 
River, Upper Green, Snake Headwaters, Upper Snake, Upper Columbia, 
North Platte, and Cheyenne AUs) (Fertig et al. 2005, pp. 38-55; Service 
2024, pp. 84-85).
    Guidance for Ute ladies'-tresses conservation is included in some 
BLM resource management plans (RMPs) that include surveys, monitoring, 
avoidance buffers, and invasive species control (BLM 2020, pp. F-24-F-
25; BLM 2015a, appendix J; BLM 2000, pp. 15-17; BLM 2007, appendix Z; 
BLM 2008a, appendix 14; BLM 2010, appendix T; BLM 2014, appendix P; BLM 
2015b, appendix K; BLM 2015c, appendix K; BLM 2015d, appendix K; BLM 
2016, appendix 28; BLM 2023a, pp. 3-12, 3-13, and 4-81-4-82; Carroll 
2005, entire).
    The one extant occurrence along Deer Creek in the Upper Colorado-
Dirty Devil AU is located in the Grand Staircase National Monument in 
Utah, established in 1996 to preserve geologic, archaeologic, and 
ecological communities and provide for scientific research, education, 
and exploration (Presidential Proclamation 6920, September 18, 1996; 
BLM 2020, p. F-24-F-25). Occurrences in the Upper Snake River, Idaho 
(Upper Snake AU), are located along the floodplain of the Snake and 
Henry's Fork Rivers. The Snake River area of critical environmental 
concern (ACEC) includes 21,954 ac (8,884 ha) of BLM-managed public 
lands designated to protect and conserve riparian-wetland habitat. This 
ACEC is the top priority wetland in the State of Idaho, and we consider 
it to contain the highest-quality cottonwood riparian zone in the 
western United States (BLM 1985, pp. 25-26; Fertig et al. 2005, pp. 38-
44; Velman 2005, entire; BLM 2023b, pp. 8-9; BLM 2023c pp. 90-91). 
Occurrences in the Green River (Lower Green River AU) are found in the 
Browns Park ACEC in Utah; the ACEC comprises 18,480 ac (7,479 ha) and 
protects high value scenery, wildlife habitat, and cultural resources 
(Fertig et al. 2005, p. 46; BLM 2008b, p. 36). The protections provided 
by ACEC designations are not contingent upon the species' federally 
listed status. The BLM's ACECs do not have an expiration date, and 
removing an ACEC designation is not simple. A withdrawal of an ACEC can 
be made only by the Secretary of the Interior (Secretary) or, if 
delegated by the Secretary, an individual in the Office of the 
Secretary who has been appointed by the President, by and with the 
advice and consent of the Senate (43 U.S.C. 1714(a)). The Snake River 
and Browns Park ACECs were designated to protect multiple species and 
resources in addition to Ute ladies'-tresses. Therefore, the ACEC 
designations will not change under the current BLM RMP, even if Ute 
ladies'-tresses is delisted.
    Even without the protections of the Act, Ute ladies'-tresses orchid 
would remain a BLM sensitive species for at least 5 years (BLM 2008c, 
pp. 36, 47). The BLM in each respective State has the authority to 
designate Ute ladies'-tresses as a BLM sensitive species, which would 
provide protections equivalent to a Federal candidate species (BLM 
2008c, pp. 43, 47). If, in the future, Ute ladies'-tresses undergoes a 
downward trend and its viability is at risk such that it meets the 
definition of a BLM sensitive species, the BLM has the authority to 
designate it as a BLM sensitive species (BLM 2008c, pp. 36-37).
    If delisted, Ute ladies'-tresses occupying riparian habitats on BLM 
lands would also receive the levels of protection for riparian habitats 
identified in the RMPs, including avoidance buffers, livestock grazing 
provisions, and invasive species control (BLM 1985, p. 39; BLM 2000, 
pp. 8-12, 15-18, 37-40, 45-49, 54, 61; BLM 2007, pp. 2-10, 2-18-2-24, 
2-40, 2-44; BLM 2008a, pp. 2-19, 2-35, 2-42, 2-46-2-50, and appendix 
14; BLM 2008b, pp. 44, 113-115; BLM 2010, pp. 2-24-2-25, 2-30, 2-33-2-
38, 2-45-2-49, 2-60, and appendix T; BLM 2014, pp. 18-19, 39-41, 46-48, 
52, 58, 67, 98-99; BLM 2015a, pp. 33-48, and appendices B and J; BLM 
2015b, pp. 6, 10, 32, 36-37, 47, 54, 59, 62, 73, 75-76, 85, 86, 97, 
101-102, 106, 117-118, 125-126, 148-150, 161, 179-180; BLM 2015c, pp. 
5, 27, 33-34, 42-43, 55, 60, 72, 75-76, 81, 85, 93, 105, 115, 121-123; 
BLM 2015d, pp. 5, 33-34, 42-43, 55, 60, 71, 74-76, 80, 84, 91, 103, 
115, 126-128; BLM 2016, pp. 1-5-1-7, 2-3, 2-15-2-19, 2-25, 2-41-2-43, 
2-55, 2-65-2-66, and appendix 28; BLM 2020, pp. ROD-17, ARMPs-14-15, C-
16-C-17, C-20, F-9-F-11, F-25; BLM 2023a, pp. 2-14, 2-16-4-231).
    Reclamation Act of 1902--The U.S. Bureau of Reclamation (USBR) is 
responsible for the management and development of many large Federal 
dams, water diversion structures, and water storage project 
construction in the western United States subject to the Reclamation 
Act of 1902 (Pub. L. 57-161; 43 U.S.C. 371 et seq.), and section 4007 
of the Water Infrastructure Improvements for the Nation Act (WIIN Act, 
Pub. L. 114-322; 43 U.S.C. 390b note). The USBR has the authority to 
manage water flows and water releases along the Green River in Colorado 
and Utah, and the South Fork Snake River in Idaho. The USBR has 
delegated its authority in some areas to commissions (e.g., the Utah 
Reclamation Mitigation and Conservation Commission (URMCC)) or Water 
Conservation Districts to manage smaller rivers such as the Provo, 
Duchesne, and Diamond Fork Rivers in Utah.

[[Page 1072]]

    The USBR and other cooperating agencies have implemented management 
actions to benefit federally listed fish in river corridors where Ute 
ladies'-tresses occurs, and we expect these management actions to 
continue if Ute ladies'-tresses is delisted. The USBR, commissions, or 
Water Conservation Districts manage peak and base flows to support a 
more natural hydrograph and contribute to the creation of wetland 
habitats to support conservation of federally listed and native fish 
species such as the humpback chub (Gila cypha), Colorado pikeminnow 
(Ptychocheilus lucius), razorback sucker (Xyrauchen texanus), June 
sucker (Chasmistes liorus), and bull trout (Salvelinus confluentus). 
Fish conservation actions indirectly benefit Ute ladies'-tresses by 
creating suitable habitat and allowing a more natural hydrograph that 
allows for periodic flood and scour events to maintain early- to mid-
seral habitat conditions.
    Examples of management actions taken by the USBR include: (1) In 
the Upper Green and Lower Green River AUs, as part of the Upper 
Colorado River endangered fish recovery program (UCRRP) established in 
1988, the USBR manages peak and base flows of the Green River to 
support a more natural hydrograph and contributes to the creation of 
wetland habitats to support conservation of native fish species (UCRRP 
1988 and 2022, entire); (2) in the Jordan AU, as part of the June 
sucker recovery implementation program, the USBR and URMCC are 
restoring, enhancing, and creating wetland habitat conditions along the 
lower Provo River and Provo River Delta where it connects to Utah Lake 
(Service 2016, entire). The Provo River Delta restoration project 
(PRDRP) has already protected Ute ladies'-tresses and was complete in 
2024 (Service 2016, entire; US Department of Interior 2024, entire); 
and (3) in the Snake River AU, as part of the consultation for the 
operations and maintenance of USBR projects in the Snake River Basin 
above Brownlee Reservoir, the USBR manages flows to support a more 
natural hydrograph (USBR 2005b, entire).
    Sikes Act and Sikes Act Improvement Act--Federal activities on 
Department of Defense (DOD) lands are subject to the Sikes Act (Pub. L. 
86-797; 16 U.S.C. 670 et seq.) and Sikes Act Improvement Act (SAIA; 
Pub. L. 105-85). The Sikes Act and SAIA provide for cooperation by the 
DOD, the Department of the Interior (including the Service), and State 
fish and wildlife agencies in the planning, development, and 
maintenance of fish and wildlife resources on military installations 
throughout the United States. Each military department is required to 
develop and implement an integrated natural resources management plan 
(INRMP) that must be reviewed on a regular basis, but not less often 
than every 5 years, and must reflect the agreement of the parties 
concerning conservation, protection, and management of fish and 
wildlife resources.
    Ute ladies'-tresses was found on the F.E. Warren Air Force Base 
(FEWAFB) in Wyoming during Colorado butterfly plant (Gaura neomexicana 
var. coloradensis) monitoring in August 2023 (Heidel 2023, entire). 
Given the recent discovery of Ute ladies'-tresses there, the current 
INRMP does not include protections or conservation measures for Ute 
ladies'-tresses (INRMP 2022, p. 48). However, the species' habitat is 
managed under a formal conservation agreement for the Colorado 
butterfly plant, a plant species delisted under the Act in 2019 (see 84 
FR 59570, November 5, 2019), and Preble's meadow jumping mouse (Zapus 
hudsonius preblei), a threatened species under the Act. Management 
actions include annual monitoring, noxious weed control, avoidance 
buffers, public access restrictions, riparian habitat protections, and 
targeted grazing for noxious weed control (FEWAFB 2004, pp. 7-9). These 
management actions are also beneficial to Ute ladies'-tresses, and we 
expect them to continue in the future to conserve Preble's meadow 
jumping mouse and achieve the INRMP's goal of protecting and conserving 
populations of native plants, fish, and wildlife on FEWAFB.
    Federal Power Act--The Federal Power Act (16 U.S.C. 791 et seq.) 
provides for the equal protection of fish and wildlife and other 
aspects of environmental quality as power and development. As with 
NEPA, we have the authority to participate in the environmental 
evaluation process, but acceptance and implementation of our 
recommendations by a Federal action agency is not required. Under the 
Federal Power Act, the Federal Energy Regulatory Commission (FERC) is 
responsible for the regulation of hydropower projects and other 
interstate energy sources transmission of natural gas, oil, and 
electricity. In Washington, FERC requires the Chelan Public Utility 
District (PUD) and Grant PUD to control noxious weeds where Ute 
ladies'-tresses occurs, conduct regular surveys to document plant 
numbers and distribution, and conduct a survey of suitable habitats 
every 5 years to identify new populations (Pope and Cordell 2023, p. 
2). The Chelan PUD recently acquired an easement on private land to 
protect the species and implemented conservation actions to control 
invasive plants on all landownerships (Pope and Cordell 2023, p. 7). 
These protections at the Chelan PUD-managed Rocky Reach and Rock 
Islands occurrences will likely continue, at a minimum, through the 
post-delisting monitoring period; these protections will continue 
regardless of the species' listing status under the Act at the Grant 
PUD-managed Vantage occurrence (LeMoine 2024, entire).
Other Federal Regulatory Mechanisms
    We considered the wetland protections from croplands on private 
lands afforded under the Food Security Act (16 U.S.C. 3801 et seq.), 
but the best available information does not indicate that crops or 
cropland conversion are stressors to Ute ladies'-tresses.
    Various Executive Orders provide guidance for Federal land 
management agencies to manage for habitat characteristics essential for 
the conservation of Ute ladies'-tresses. They include Executive Order 
11990 (Protection of Wetlands) (May 24, 1977), Executive Order 11988 
(Floodplain Management) (May 24, 1977), and Executive Order 13112 
(Invasive Species) (February 3, 1999).
State Regulatory Mechanisms
    In the United States, Ute ladies'-tresses has State protections in 
Washington as ``endangered,'' in Nebraska as ``threatened,'' and in 
Nevada as ``fully protected'' (Washington Natural Heritage Program 
2021, pp. 1-2, 104-106; title 163 of the Nebraska Administrative Code 
at chapter 4, section 163-4-004; and chapter 527 of the Nevada 
Administrative Code at section 527.010, respectively). In Washington 
State, the designation of Ute ladies'-tresses as a State endangered 
plant species prioritizes the conservation of its wetland habitat, and 
mitigation may be required to offset habitat impacts (Rocchio 2024, 
entire). In Nebraska, State-listed plant protections generally mirror 
the Act for endangered and threatened plant species; however, 
exceptions are provided for normal agricultural practices (title 163 of 
the Nebraska Administrative Code at chapter 4, section 163-4-004). In 
Nevada, fully protected species are declared to be threatened with 
extinction and require a special permit for removal or destruction on 
public and private lands (chapter 527 of the Nevada Administrative Code 
at section 527.010, and title 47 of the Nevada Revised Statutes at 
chapter 527, sections 527.050

[[Page 1073]]

and 527.270). There are no State protections for Ute ladies'-tresses in 
Colorado, Idaho, Montana, Utah, or Wyoming. Ute ladies'-tresses' 
habitat is protected where it occurs in State wildlife areas in 
Washington, Idaho, and Utah (Fertig et al. 2005, pp. 72-76; Pope and 
Cordell 2023, p. 8).
County/City Regulatory Mechanisms
    Multiple occurrences (Boulder Creek, South Boulder Creek, and Clear 
Creek) in the South Platte AU are protected in natural areas and 
managed by the City of Boulder Open Space and Mountain Parks (OSMP) to 
conserve rare or endangered plant species and their habitats (see title 
33 of the Colorado Revised Statutes at section 33-33-104). The City of 
Boulder's OSMP manages open space in perpetuity to preserve natural 
areas, water resources, floodplains, and wildlife habitats (Riedel 
2004, p. 1; City of Boulder OSMP 2024, p. 4). Most of the Ute ladies'-
tresses plants in Boulder County are protected in the South Boulder 
Creek State Natural Area and Tallgrass Natural Area, which include 
approximately 1,347 ac (545 ha) of remnant tallgrass prairie habitat 
(Riedel 2002, pp. 1, 7; City of Boulder OSMP 2023, entire). Boulder's 
OSMP would likely continue to protect Ute ladies'-tresses if Federal 
protections are removed (Riedel 2024, pers. comm.). Additionally, the 
title 9 of the City of Boulder's Municipal Code at section 9-3-9 
(Stream, Wetlands, and Water Body Protection) ensures the preservation, 
protection, restoration, and enhancement of the quality and diversity 
of wetlands and water bodies; this city regulation would continue to 
protect Ute ladies'-tresses habitat if the species is delisted under 
the Act.
Private Lands
    Conservation efforts that have been performed by private entities 
to benefit and conserve Ute ladies'-tresses are discussed here.
    In the Lower Bear AU, the single occurrence, Mendon Meadows, is 
protected as a preserve specifically for Ute ladies'-tresses, and the 
land is managed solely for the species (Bear River Land Trust (BRLT) 
2014, entire). Management practices include regular surveys, 
irrigation, seasonal grazing or mowing that avoids the flowering 
period, a prohibition on recreation and development, and restrictions 
on herbicide use (BRLT 2014, pp. 6, 14, 16). Long-term habitat 
protections are provided for this Ute ladies'-tresses occurrence, and 
if we delist the species, any future changes would need Service 
approval (BRLT 2014, pp. 3, 5-6).
Tribal Lands
    Occurrences in the Lower Green River, Upper Snake, and Upper 
Columbia AUs occur on Tribal lands (Fertig et al. 2005, pp. 71, 74, 77-
78; Service 2024, pp. 39, 51, 69, 75). We are not aware of regulations 
that provide protections to Ute ladies'-tresses on Tribal lands.
    Overall, the conservation measures and regulatory mechanisms 
afforded to wetland riparian habitats on Federal, State, and private 
lands in the United States and on British Columbia Parks and Federal 
Crown lands in Canada minimize the effects of anthropogenic stressors 
to Ute ladies'-tresses, in particular the threat of urban development 
to the species' habitat, regardless of the species' status under the 
Act.

Proposed Determination of Ute Ladies'-Tresses' Status

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR part 424) set forth the procedures for determining 
whether a species meets the definition of an endangered species or a 
threatened species. The Act defines an ``endangered species'' as a 
species that is in danger of extinction throughout all or a significant 
portion of its range, and a ``threatened species'' as a species that is 
likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of its range. The Act requires 
that we determine whether a species meets the definition of an 
endangered species or a threatened species because of any of the 
following factors: (A) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence.
    When we listed Ute ladies'-tresses as threatened in 1992 (see 57 FR 
2048; January 17, 1992), we identified habitat loss and modification 
due to water development and urbanization (Factor A) as the primary 
threat to the species. We considered collection (Factor B) to be a 
threat because it is an orchid species. Disease and predation (Factor 
C) were not considered threats. Regulatory mechanisms (Factor D) 
included a limited degree of protection for the species' wetland 
habitat under the Clean Water Act and for the species itself through 
the regulation of international trade for all orchids by CITES. 
Finally, we identified small and scattered populations, the variable 
demographic structure of populations, and a presumed slow reproductive 
rate (Factor E) as vulnerabilities to threats and stressors. In our SSA 
report, we evaluated these stressors and additional stressors that were 
identified after the time of listing. Much more is presently known 
about the species and its stressors than at the time of listing. The 
best available information indicates that habitat loss from 
anthropogenic activities (Factor A) and climate change (Factor E) are 
the most influential threats affecting Ute ladies'-tresses now and into 
the future, although we acknowledge there is uncertainty about the 
future impacts of anthropogenic activities and climate change to the 
species and its habitats.
    We consider the severity and magnitude of the primary threat, 
habitat loss and modification due to urbanization and water development 
(we refer to this threat as water management here and in the SSA 
report) (Factor A) to be much lower now than we believed at the time of 
listing, given the increase in the number of known Ute ladies'-tresses 
populations and the increase in the extent of the species' known range 
based on new information over the past 32 years. While this threat has 
resulted in the localized loss of occurrences and the extirpation of 
one historical AU (Upper Arkansas), it does not result in a species-
level impact given the much larger number of known occurrences, AUs, 
and species' range that comprise the species' current status. Future 
projections of this threat in combination with other anthropogenic 
stressors indicate that this threat will increase in the future, but 
will remain localized within the species' range and will be minimized 
by conservation measures and regulatory mechanisms afforded to wetland 
riparian habitats on Federal, State, and private lands in the United 
States and on British Columbia Parks and Federal Crown lands in Canada 
regardless of Ute ladies'-tresses' status under the Act (see 
Conservation Efforts and Regulatory Mechanisms, above).
    Collection (Factor B) from the wild has not occurred at the level 
anticipated at the time of listing presumably because the species is 
less showy than the tropical orchids and other Spiranthes species 
available for purchase (see ``Collection,'' above). Protections from 
collection and international trade are also afforded by CITES for all 
orchids; these protections are not contingent on an orchid species 
being federally listed. Disease and

[[Page 1074]]

predation (Factor C) have not materialized since listing.
    Climate change (Factor E) and drought (Factor A) are not currently 
having a population-level or species-level effect on Ute ladies'-
tresses and are not projected to result in a species-level effect in 
the future. The best available information indicates that these 
stressors have not resulted in the extirpation of occurrences or AUs. 
Future projections of climate change indicate that the frequency of 
severe and extreme droughts may decrease or remain the same in some 
areas of the range, but in much of the range, the frequency will 
increase above current trends. Ute ladies'-tresses is drought-tolerant 
and adapted to a range of soil moisture conditions, which increases its 
resilience to potential future increases in severe and extreme drought 
frequency. The resiliency of Ute ladies'-tresses AUs varies across the 
species' range. Ute ladies'-tresses AUs along large, mainstem rivers 
with multiple occurrences (Upper Green, Lower Green River, Upper 
Columbia, Upper Snake, Lower Bear, Niobrara, Colorado Headwaters) are 
the most resilient; they maintain their overall resiliency scores 
across all future scenarios despite projected declines in abundance and 
connectivity. The Upper Colorado-Dirty Devil AU in the southern part of 
the range is the least resilient and is projected to be extirpated in 
all three future scenarios due to climate change. Based on the best 
available information, the majority of AUs are tolerant of the effects 
of climate change (Factor E) and are able to withstand the cumulative 
effects of all stressors (Factor E).
    We also evaluated a variety of conservation efforts and regulatory 
mechanisms (Factor D) that either reduce or ameliorate stressors and 
improve or maintain habitat conditions and population resiliency in the 
absence of the Act's protections. The Clean Water Act provides some 
habitat protections for Ute ladies'-tresses occurrences in 
jurisdictional waters/wetlands, such along interstate waters or along 
intrastate lakes, ponds, streams, and wetlands that are relatively 
permanent, standing or continuously flowing bodies of water with a 
continuous surface connection to certain waterbodies. Habitat 
protections for wetland and riparian habitats are also afforded to the 
species on Federal lands by regulatory mechanisms provided by the NPS 
Organic Act on NPS lands in Colorado and Utah; the National Wildlife 
Refuge System Improvement Act on Service refuge lands in Colorado; the 
National Forest Management Act of 1976 and USFS National Forest plans 
on USFS lands in Utah and Idaho; the Federal Land Policy and Management 
Act and BLM RMPs and ACEC designations on BLM lands in Colorado, Utah, 
Idaho, Washington, and Wyoming; and the Sikes Act and Sikes Act 
Improvement Act and INRMPs on DOD lands in Wyoming (see Conservation 
Efforts and Regulatory Mechanisms, above). The USBR and FERC regulate 
the hydrological regime and, in doing so, provide some habitat 
protection along rivers and streams in some watersheds for the benefit 
of federally listed fish species and other resources, which indirectly 
benefits Ute ladies'-tresses.
    In Canada, Ute ladies'-tresses is protected within an Ecological 
Reserve managed by British Columbia Parks as well as on Federal Crown 
land as a schedule 1 endangered species under SARA. Ute ladies'-tresses 
also receives partial protections on State lands in Washington, Nevada, 
and Nebraska and on open space lands in Boulder County, Colorado. Due 
in part to the regulatory mechanisms described here on Federal lands 
and other protected lands, the anthropogenic threats to the species, 
particularly the threat of urban development to the habitat of Ute 
ladies'-tresses, have been sufficiently reduced.

Status Throughout All of Its Range

Endangered Throughout Its Range Determination
    Our evaluation of the current condition of Ute ladies'-tresses 
found that there are currently 18 AUs distributed across eight U.S. 
States and one Canadian Province. Ute ladies'-tresses' current 
condition represents a marked improvement from what we understood its 
condition to be when we first listed it as a threatened species in 
1992. Over the last three decades, many more occurrences have been 
discovered in an additional 14 AUs, increasing both numbers and the 
species' known geographic range. Thirteen AUs have high or moderate 
resilience to stochastic events, and these AUs are distributed across 6 
U.S. States and Canada. The high or moderately resilient AUs typically 
display a combination of resilient habitat (based on vegetative habitat 
condition and hydrologic condition) and demographic factors (based on 
the number of occurrences, connectivity within the AU, and potentially 
suitable habitat within the AU) that enable them to adequately 
withstand environmental and demographic stochasticity. The five AUs 
with low resiliency are less able to withstand stochastic events.
    While some stressors have impacted occurrences and AUs, none are 
having species-level impacts individually or cumulatively. The severity 
and magnitude of the primary threat, habitat loss and modification due 
to urbanization and water development, is much lower now than believed 
at the time of listing; it has resulted in the extirpation of localized 
occurrences across the range, including one historical AU (Upper 
Arkansas), representing 5 percent of the species' 19 historical AUs, 
and some of the occurrences in three extant AUs (South Platte, Jordan, 
and Weber) in Colorado and Utah (see ``Urban Development,'' above). 
Despite these impacts, the South Platte and Jordan AUs remain in 
moderate and high current condition, respectively (see table 1, above). 
Ute ladies'-tresses is tolerant of and adapted to the altered habitat 
conditions in AUs from various stressors, as well drought and climate 
change and the cumulative effects of all stressors.
    With 18 AUs distributed across 12 ecoregions and 7 habitat types, 
the species currently has sufficient resiliency, redundancy, and 
representation to withstand stochastic and catastrophic events and 
adapt to changes. Therefore, we find that Ute ladies'-tresses is not in 
danger of extinction throughout all of its range.
Threatened Throughout Its Range Determination
    Under the Act, a threatened species is any species that is likely 
to become an endangered species within the foreseeable future 
throughout all or a significant portion of its range (16 U.S.C. 
1532(20)). The foreseeable future extends only so far into the future 
as the Service can make reasonably reliable predictions about the 
threats to the species and the species' responses to those threats (50 
CFR 424.11(d)). The Service describes the foreseeable future on a case-
by-case basis, using the best available data and taking into account 
considerations such as the species' life-history characteristics, 
threat-projection timeframes, and environmental variability (50 CFR 
424.11(d)). The key statutory difference between a threatened species 
and an endangered species is the timing of when a species may be in 
danger of extinction, either now (endangered species) or in the 
foreseeable future (threatened species).
    For the purposes of our analysis, we defined the foreseeable future 
for Ute ladies'-tresses as approximately 50 years (to 2074). We relied 
on combined climate and land use projections by the IPCC out to 2074, 
the timeframe for which they were available. These

[[Page 1075]]

projections provide the best available evaluation of the primary 
stressors to the species. After 2074, we do not have information that 
reliably projects the combined effects of climate change and habitat 
loss from anthropogenic activities within the species' range. We also 
selected this timeframe because it allows us to reliably project 
changes in other species' stressors and land management and is 
biologically meaningful to the species to begin to understand the 
response of ecosystems to those changes. By 2074, we anticipate a range 
of plausible future conditions for Ute ladies'-tresses.
    Our evaluation of the projected future condition of Ute ladies'-
tresses found that resiliency and redundancy are projected to decline 
under all three plausible future scenarios based on the future impacts 
of anthropogenic activities and climate change. In general, the 
species' range is projected to become hotter and drier under all three 
future scenarios, even under the most optimistic scenario (Scenario 1). 
Declines in resiliency and redundancy were driven by climate change in 
Scenario 1 and the combination of anthropogenic activities and climate 
change in Scenarios 2 and 3. Despite the combined effects of 
anthropogenic activities and climate change, Ute ladies'-tresses' life-
history characteristics (such as its capability for extended, 
underground dormancy during unfavorable conditions including drought 
and habitat changes (e.g., vegetative succession); its dispersal and 
colonization ability within watersheds to escape land use and habitat 
changes; and its ability to thrive in human-managed water systems that 
have altered flow regimes) confer sufficient resiliency to the 
projected hotter, drier hydrological conditions, as well as habitat and 
land use changes.
    The plausible future condition of Ute ladies'-tresses in 2074 
ranges from 17 AUs across the range with 13 of those AUs being highly 
or moderately resilient to stochastic events (Scenario 1) to 16 AUs 
across the range with 10 of those AUs being highly or moderately 
resilient (Scenario 3). While the species' actual future condition may 
fall anywhere between Scenarios 1 and 3, even if we assume that 
Scenario 3 (the worst-case) were to occur, the species is projected to 
maintain 16 AUs across its range, with 11 of those AUs projected to 
maintain the same condition as their current condition. Ten of the 16 
AUs in 6 States (Colorado, Idaho, Nebraska, Utah, Wyoming, and 
Washington) and Canada are projected to be highly or moderately 
resilient to stochastic events. Ute ladies'-tresses' redundancy 
declines slightly from 18 AUs to 16 AUs, with a contraction along the 
southern part of its current range due to projected extirpations in 
Nevada (Lower Colorado-Lake Mead AU) and southern Utah (Upper Colorado-
Dirty Devil AU). Representation is projected to be similar to current 
conditions, as the species is projected to maintain the same number of 
ecoregions (12) and habitat types (7) across its range. Therefore, even 
in the worst-case scenario, our analysis suggests that losses of 
resiliency and redundancy would be modest, with 16 AUs remaining across 
the range, and 10 of those AUs remaining in moderate or high condition, 
with no major changes in representation expected. Collectively, this 
suggests that in 50 years, viability of the species will not be 
significantly reduced (Service 2024, pp. 198-199). Recovery efforts, 
particularly survey efforts that have identified many more occurrences, 
have increased Ute ladies'-tresses' known resiliency, redundancy, and 
representation such that the species is now better able to recover from 
impacts noted at the time of listing, and we anticipate that Ute 
ladies'-tresses will retain sufficient levels of resiliency, 
redundancy, and representation in the foreseeable future.
    Two factors support the maintenance of the current condition in 11 
AUs and the moderate to high future resiliency of at least 10 AUs: (1) 
regulatory mechanisms and conservation efforts, and (2) the species' 
biological characteristics. First, the maintenance of the current 
condition and the high to moderate resiliency of more than half of Ute 
ladies'-tresses AUs is, in part, due to habitat protections and 
regulations implemented by Canada; U.S. Federal agencies; the States of 
Washington, Nebraska, and Nevada; the City of Boulder; and private 
entities (Factor D) that will continue to be implemented into the 
future, even in the absence of protections afforded by the Act, as 
described above under Conservation Efforts and Regulatory Mechanisms. 
These protections will continue to limit the potential effects of 
stressors on Ute ladies'-tresses in the future.
    Second, independent of future regulatory mechanisms and 
conservation efforts, Ute ladies'-tresses' biological characteristics 
moderate its response to increasing stressors. Ute ladies'-tresses' 
ruderal life-history strategy; adaptation and resilience to disturbance 
(stochastic events) such as flooding, mowing, and grazing; its 
dispersal and colonization ability in many habitat types; and its 
drought tolerance all increase its resilience to potential future 
increases in stressors and habitat and environmental changes 
(representation) evidenced by the species' past ability to maintain 
high and moderate resiliency in the face of ongoing stressors in the 
Jordan and South Platte AUs. Although habitat conditions could become 
considerably drier under Scenario 3, Ute ladies'-tresses is hardy and 
already adapted to periods of drought. Individuals may live many 
decades and have maintained healthy recruitment and survival despite 
drought conditions and other climatic variation in the past.
    We recognize that some habitat-related threats remain present, and 
they have ongoing impacts to Ute ladies'-tresses AUs. We acknowledge 
that the specific effects of climate change on Ute ladies'-tresses and 
its habitat are uncertain and may have a negative impact. However, we 
found that current and expected patterns in site protection and habitat 
management (Factor D) and the species' adaptation and resilience to 
disturbance are sufficient to prevent effects at the species level.
    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the Act's section 4(a)(1) 
factors, and considering the levels of resiliency, redundancy, and 
representation projected under the current and future scenarios 
described in the SSA report, Ute ladies'-tresses will be able to 
withstand stochastic events, catastrophic events, and environmental 
change now and into the foreseeable future. Thus, after assessing the 
best available information, we conclude that Ute ladies'-tresses is not 
in danger of extinction now or likely to become so within the 
foreseeable future throughout all of its range.

Status Throughout a Significant Portion of Its Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
within the foreseeable future throughout all or a significant portion 
of its range. Having determined that Ute ladies'-tresses is not in 
danger of extinction or likely to become so within the foreseeable 
future throughout all of its range, we now consider whether it may be 
in danger of extinction (i.e., endangered) or likely to become so 
within the foreseeable future (i.e., threatened) in a significant 
portion of its range--that is, whether there is any portion of the 
species' range for which both (1) the portion is significant; and (2) 
the species is in danger of extinction or likely to become so within 
the foreseeable future in that portion. Depending on the case, it might 
be more efficient for us to address the ``significance'' question or 
the ``status''

[[Page 1076]]

question first. We can choose to address either question first. 
Regardless of which question we address first, if we reach a negative 
answer with respect to the first question that we address, we do not 
need to evaluate the other question for that portion of the species' 
range.
    In undertaking this analysis for Ute ladies'-tresses, we choose to 
address the status question first. We began by identifying portions of 
the range where the biological status of the species may be different 
from its biological status elsewhere in its range. For this purpose, we 
considered information pertaining to the geographic distribution of (a) 
occurrences of the species, (b) the threats that the species faces, and 
(c) the resiliency condition of AUs (populations).
    We evaluated the range of Ute ladies'-tresses to determine if the 
species is in danger of extinction now or likely to become so within 
the foreseeable future in any portion of its range. The range of a 
species can theoretically be divided into portions in an infinite 
number of ways. We focused our analysis on portions of the species' 
range that may meet the Act's definition of an endangered species or a 
threatened species. For Ute ladies'-tresses, we considered whether the 
threats or their effects on the species are greater in any biologically 
meaningful portion of the species' range than in other portions such 
that the species is in danger of extinction now or likely to become so 
within the foreseeable future in that portion. We examined the 
following threats: anthropogenic activities including urban 
development, water management, agriculture, livestock grazing, 
recreation, invasive plants, and collection; and environmental 
conditions including vegetative succession, disease or predation, 
drought, climate change, and human population change, including 
cumulative effects.
    We examined the range of Ute ladies'-tresses for biologically 
meaningful portions that may be at a higher risk of extirpation, as 
reflected by potentially larger climate change effects and 
anthropogenic effects to the species. We determined that by itself, any 
single AU is too small to be considered a biologically meaningful 
portion of the range for Ute ladies'-tresses because each AU represents 
a small percentage (6 percent) of the total number of the 18 AUs 
rangewide, and each AU contains only a small area of the species' 
range. Therefore, even though the Upper Columbia AU is separate from 
the rest of the range, we do not consider it to be a biologically 
meaningful portion on its own.
    We identified seven AUs that are a geographically concentrated 
grouping at a biologically meaningful scale along the southern edge of 
Ute ladies'-tresses' overall range; those seven AUs are the Great Salt 
Lake, Jordan, Lower Colorado-Lake Mead, Upper Colorado-Dirty Devil, 
Lower Green River, Colorado Headwaters, and South Platte AUs. Relative 
to the remainder of the range, this portion of the range is impacted by 
elevated levels of drought, climate change, and anthropogenic stressors 
now and into the future.
    This portion may be at higher risk of extirpation, as reflected by 
the current and future resiliency of the seven AUs. Currently, three of 
these seven AUs have low resiliency, so they are at a greater risk of 
extirpation than the other four AUs, two of which have high resiliency 
and two have moderate resiliency. We examined the following threats, 
for the reasons described above: anthropogenic activities including 
urban development, water management, agriculture, livestock grazing, 
recreation, invasive plants, and collection; and environmental 
conditions including vegetative succession, disease or predation, 
drought, climate change, and human population change, including 
cumulative effects. We concluded that although almost half of the AUs 
in this portion have low resiliency, the species has sufficient 
resiliency, redundancy, and representation across the seven AUs in the 
portion. The three AUs in low condition (Great Salt Lake, Lower 
Colorado-Lake Mead, Upper Colorado-Dirty Devil) have sufficiently high 
or moderate hydrologic condition to remain viable in the near term 
despite lower scores for other metrics such as AU abundance and 
connectivity. The seven AUs cover a wide geographic area that spans 
portions of four States across a variety of climatic and habitat types 
from north-to-south and east-to-west, such that there is no stochastic 
or catastrophic event that would extirpate the portion in the near 
term. Therefore, we conclude that the risk of extinction in the portion 
is not low now, and the species in this portion does not meet the Act's 
definition of an endangered species.
    We also evaluated the status of this portion into the foreseeable 
future. In the future, three of the seven AUs are projected to have low 
resiliency or be extirpated (Great Salt Lake, Upper Colorado-Dirty 
Devil, Lower Colorado-Lake Mead), one AU may have moderate to low 
resiliency (South Platte), and the other three AUs have moderate to 
high resiliency (Jordan, Lower Green River, Colorado Headwaters). We 
examined the same threats described above for the species: 
anthropogenic activities including urban development, water management, 
agriculture, livestock grazing, recreation, invasive plants, 
collection; and environmental conditions including vegetative 
succession, disease or predation, drought, climate change, human 
population change, including cumulative effects. We concluded that 
although two AUs in this portion may be extirpated, the species has 
sufficient resiliency, redundancy, and representation in the remaining 
five AUs in the portion. The one AU consistently in low condition 
(Great Salt Lake) is projected to maintain sufficiently moderate 
hydrologic and vegetative condition to remain viable into the 
foreseeable future despite lower scores for other metrics such as AU 
abundance and connectivity. The five AUs cover a wide geographic area 
that spans portions of three States across a variety of climatic and 
habitat types from north-to-south and east-to-west, such that there is 
no stochastic or catastrophic event that would extirpate the portion in 
the foreseeable future. Even with two AUs in low condition and the 
slight increase in extinction risk under Scenario 3, we found that the 
current and projected patterns of habitat management and protection, 
the hydrologic condition of the AUs, and the species' adaptation to 
disturbance are sufficient to prevent effects to the species that would 
cause it to meet the Act's definition of an endangered species or a 
threatened species. Therefore, we conclude that the risk of extinction 
in the portion is low in the foreseeable future and the species in this 
portion does not meet the Act's definition of a threatened species.
    As a result, we found no portion of Ute ladies'-tresses' range 
where the biological condition of the species differs from its 
condition elsewhere in its range such that the status of the species in 
that portion differs from any other portion of the species' range. 
Therefore, the portion both currently and into the future has enough 
resiliency such that it is not at risk of extinction now or within the 
foreseeable future. Because we determined that this portion does not 
have a different status, we did not need to assess its potential 
significance.
    Therefore, we find that the species is not in danger of extinction 
now or likely to become so within the foreseeable future in any 
significant portion of its range. This does not conflict with the 
courts' holdings in Desert Survivors v. Department of the Interior, 336 
F. Supp. 3d 1131 (N.D. Cal. 2018), and Center for

[[Page 1077]]

Biological Diversity v. Jewell, 248 F. Supp. 3d. 946, 959 (D. Ariz. 
2017) because, in reaching this conclusion, we did not apply the 
aspects of the Final Policy on Interpretation of the Phrase 
``Significant Portion of Its Range'' in the Endangered Species Act's 
Definitions of ``Endangered Species'' and ``Threatened Species'' (79 FR 
37578; July 1, 2014), including the definition of ``significant'' that 
those court decisions held to be invalid.

Determination of Status

    Our review of the best available scientific and commercial 
information indicates that Ute ladies'-tresses does not meet the Act's 
definition of endangered species or threatened species in accordance 
with sections 3(6) and 3(20) of the Act. In accordance with our current 
regulations at 50 CFR 424.11(e)(2), Ute ladies'-tresses has recovered 
and no longer warrants listing. Therefore, we propose to remove Ute 
ladies'-tresses from the Federal List of Endangered and Threatened 
Plants.

Effects of This Rule

    This proposed rule, if made final, would revise 50 CFR 17.12(h) by 
removing Ute ladies'-tresses from the Federal List of Endangered and 
Threatened Plants. The prohibitions and conservation measures provided 
by the Act, particularly through sections 7 and 9, would no longer 
apply to this species. Federal agencies would no longer be required to 
consult with the Service under section 7 of the Act if activities they 
authorize, fund, or carry out may affect Ute ladies'-tresses.
    There is no critical habitat designated for this species, so there 
would be no effect to 50 CFR 17.96.

Post-Delisting Monitoring

    Section 4(g)(1) of the Act requires us, in cooperation with the 
States, to implement a monitoring program for not less than 5 years for 
all species that have been recovered. Post-delisting monitoring (PDM) 
refers to activities undertaken to verify that a species delisted due 
to recovery remains secure from the risk of extinction after the 
protections of the Act no longer apply. The primary goal of PDM is to 
monitor the species to ensure that its status does not deteriorate, and 
if a decline is detected, to take measures to halt the decline so that 
proposing it as endangered or threatened is not again needed. If, at 
any time during the monitoring period, data indicate that protective 
status under the Act should be reinstated, we can initiate listing 
procedures, including, if appropriate, emergency listing.
    We have prepared a draft PDM plan for Ute ladies'-tresses. The 
draft PDM plan: (1) summarizes the status of Ute ladies'-tresses at the 
time of proposed delisting; (2) describes the frequency and duration of 
monitoring; (3) discusses monitoring methods and potential sampling 
regimes; (4) defines what potential triggers will be evaluated to 
address the need for additional monitoring; (5) outlines reporting 
requirements and procedures; (6) proposes a schedule for implementing 
the PDM plan; and (7) defines responsibilities. It is our intent to 
work with our partners towards maintaining the recovered status of Ute 
ladies'-tresses. We appreciate any information on what should be 
included in post-delisting monitoring strategies for this species (see 
Information Requested, above).

Required Determinations

Clarity of the Rule

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

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994 
(Government-to-Government Relations with Native American Tribal 
Governments; 59 FR 22951), Executive Order 13175 (Consultation and 
Coordination with Indian Tribal Governments), and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with federally recognized 
Tribes on a government-to-government basis. In accordance with 
Secretary's Order 3206 of June 5, 1997 (American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act), 
we readily acknowledge our responsibilities to work directly with 
Tribes in developing programs for healthy ecosystems, to acknowledge 
that Tribal lands are not subject to the same controls as Federal 
public lands, to remain sensitive to Indian culture, and to make 
information available to Tribes. We notified and invited the following 
Tribes to participate in the SSA process and to provide information at 
the beginning of the SSA process: Shoshone-Bannock Tribes, Eastern 
Shoshone Tribe, Confederated Salish and Kootenai Tribes, Blackfeet 
Nation, Ute Tribe of the Uintah and Ouray Reservation, Confederated 
Tribes of the Colville Reservation, and Confederated Tribes and Bands 
of the Yakama Nation. We did not receive a response from any Tribe. We 
will continue to work with Tribal entities during the development of a 
final delisting determination for Ute ladies'-tresses.

References Cited

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

Authors

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

List of Subjects in 50 CFR Part 17

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

Signing Authority

    Martha Williams, Director of the U.S. Fish and Wildlife Service, 
approved this action on November 18, 2024. Acting Director Steve 
Guertin approved these packages December 15, 2024. On December 16, 
2024, the acting Director authorized the undersigned to sign the 
document electronically and submit it to the Office of the Federal 
Register for publication as an official document of the U.S. Fish and 
Wildlife Service.

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:

[[Page 1078]]

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

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

Sec.  17.12  [Amended]

0
2. In 17.12, in paragraph (h), amend the List of Endangered and 
Threatened Plants by removing the entry for ``Spiranthes diluvialis'' 
under FLOWERING PLANTS.

Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Economics, Risk 
Management, and Analytics of the Joint Administrative Operations, U.S. 
Fish and Wildlife Service.
[FR Doc. 2024-30380 Filed 1-6-25; 8:45 am]
BILLING CODE 4333-15-P
```