Proposed Rule2022-07375
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Dixie Valley Toad
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 7, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), propose to list the Dixie Valley toad (Anaxyrus williamsi), a toad species from Nevada, as an endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the Dixie Valley toad. After a review of the best available scientific and commercial information, we find that listing the species is warranted. An temporary rule (emergency action) listing this species as endangered for 240 days is published concurrently in this issue of the Federal Register. We find that the designation of critical habitat for the Dixie Valley toad is not determinable at this time. We solicit additional data, information, and comments that may assist us in making a final decision on this action. We also are notifying the public that we have scheduled an informational meeting followed by a public hearing on the proposed rule.
Full Text
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[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Proposed Rules]
[Pages 20374-20378]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07375]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2022-0024; FF09E21000 FXES1111090FEDR 223]
RIN 1018-BG21
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for the Dixie Valley Toad
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list the Dixie Valley toad (Anaxyrus williamsi), a toad species from
Nevada, as an endangered species under the Endangered Species Act of
1973, as amended (Act). This determination also serves as our 12-month
finding on a petition to list the Dixie Valley toad. After a review of
the best available scientific and commercial information, we find that
listing the species is warranted. An temporary rule (emergency action)
listing this species as endangered for 240 days is published
concurrently in this issue of the Federal Register. We find that the
designation of critical habitat for the Dixie Valley toad is not
determinable at this time. We solicit additional data, information, and
comments that may assist us in making a final decision on this action.
We also are notifying the public that we have scheduled an
informational meeting followed by a public hearing on the proposed
rule.
DATES: We will accept comments received or postmarked on or before June
6, 2022. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date. Public informational meeting and
public hearing: On May 9, we will hold a public informational meeting 5
p.m. to 5:35 p.m., Pacific Time, followed by a public hearing 5:35 to 7
p.m., Pacific Time.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R8-ES-2022-0024,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R8-ES-2022-0024, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
FOR FURTHER INFORMATION CONTACT: Marc Jackson, Field Supervisor, U.S.
Fish and Wildlife Service, Reno Fish and Wildlife Office, 1340
Financial Blvd., Suite 234, Reno, Nevada 89502; telephone 775-861-6300.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other governmental agencies, Native
American Tribes, the scientific community, industry, or any other
interested parties concerning this proposed rule.
We particularly seek comments concerning:
(1) The species' biology, range, and population trends, including:
(a) Biological or ecological requirements of the species, including
habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current population levels, and current and
projected trends; and
(d) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) Factors that may affect the continued existence of the species,
which may include habitat modification or destruction, overutilization,
disease, predation, the inadequacy of existing regulatory mechanisms,
additional information on the potential effects of geothermal plants on
amphibians or wetland ecosystems, or other natural or manmade factors.
(3) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species and existing regulations
that may be addressing those threats.
(4) Additional information concerning the historical and current
status of this species.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information,
[[Page 20375]]
although noted, do not provide substantial information necessary to
support a determination.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Because we will consider all comments and information we receive
during the comment period, our final determinations may differ from
this proposal. Based on the new information we receive (and any
comments on that new information), we may conclude that the species is
threatened instead of endangered, or we may conclude that the species
does not warrant listing as either an endangered species or a
threatened species.
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. At this time, we have preemptively scheduled a
public informational meeting and public hearing on this proposed rule.
We will hold the public informational meeting and public hearing on the
date and at the times listed above under Public informational meeting
and public hearing in DATES. We are holding the public informational
meeting and public hearing via the Zoom online video platform and via
teleconference so that participants can attend remotely. For security
purposes, registration is required. To listen and view the meeting and
hearing via Zoom, listen to the meeting and hearing by telephone, or
provide oral public comments at the public hearing by Zoom or
telephone, you must register. For information on how to register, or if
you encounter problems joining Zoom the day of the meeting, visit
<a href="https://www.fws.gov/office/reno-fish-and-wildlife">https://www.fws.gov/office/reno-fish-and-wildlife</a>. Registrants will
receive the Zoom link and the telephone number for the public
informational meeting and public hearing. If applicable, interested
members of the public not familiar with the Zoom platform should view
the Zoom video tutorials (<a href="https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials">https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials</a>) prior to the public informational
meeting and public hearing.
The public hearing will provide interested parties an opportunity
to present verbal testimony (formal, oral comments) regarding this
proposed rule to list the Dixie Valley toad as an endangered species.
The public hearing is a forum for accepting formal verbal testimony and
is not an opportunity for open dialogue. In the event there is a large
attendance, the time allotted for oral statements may be limited.
Therefore, anyone wishing to make an oral statement at the public
hearing for the record is encouraged to provide a prepared written copy
of their statement to us through the Federal eRulemaking Portal, or
U.S. mail (see ADDRESSES, above). There are no limits on the length of
written comments submitted to us. Anyone wishing to make an oral
statement at the public hearing must register before the hearing
<a href="https://www.fws.gov/office/reno-fish-and-wildlife">https://www.fws.gov/office/reno-fish-and-wildlife</a>. The use of a virtual
public hearing is consistent with our regulations at 50 CFR
424.16(c)(3).
Reasonable Accommodation
The Service is committed to providing access to the public
informational meeting and public hearing for all participants. Closed
captioning will be available during the public informational meeting
and public hearing. Further, a full audio and video recording and
transcript of the public hearing will be posted online at <a href="https://www.fws.gov/office/reno-fish-and-wildlife">https://www.fws.gov/office/reno-fish-and-wildlife</a> after the hearing.
Participants will also have access to live audio during the public
informational meeting and public hearing via their telephone or
computer speakers. Persons with disabilities requiring reasonable
accommodations to participate in the meeting and/or hearing should
contact the person listed under FOR FURTHER INFORMATION CONTACT at
least 5 business days prior to the date of the meeting and hearing to
help ensure availability. An accessible version of the Service's public
informational meeting presentation will also be posted online at
<a href="https://www.fws.gov/office/reno-fish-and-wildlife">https://www.fws.gov/office/reno-fish-and-wildlife</a> prior to the meeting
and hearing (see DATES, above). See <a href="https://www.fws.gov/office/reno-fish-and-wildlife">https://www.fws.gov/office/reno-fish-and-wildlife</a> for more information about reasonable accommodation.
Supporting Documents
A species status assessment (SSA) team prepared an SSA report for
the Dixie Valley toad. The SSA team was composed of Service biologists,
in consultation with other scientific experts. The SSA report
represents a compilation of the best scientific and commercial data
available concerning the status of the species, including the impacts
of past, present, and future factors (both negative and beneficial)
affecting the species and its habitat. In accordance with our joint
policy on peer review published in the Federal Register on July 1, 1994
(59 FR 34270), and our August 22, 2016, memorandum updating and
clarifying the role of peer review of listing actions under the Act, we
will seek expert opinions of at least three appropriate specialists
regarding the SSA. The SSA report and other materials related to this
proposed rule can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket
No. FWS-R8-ES-2022-0024.
I. Proposed Listing Determination
Background
A thorough review of the taxonomy, life history, and ecology of the
Dixie Valley toad (Anaxyrus williamsi) is presented in the SSA report
(Service 2022, entire).
The Dixie Valley toad was described as a distinct species in the
western toads (Anaxyrus boreas) species complex in 2017 due to
morphological differences, genetic information, and its isolated
distribution (Gordon et al. 2017, entire). Forrest et al. (2017,
entire) also published a paper describing Dixie Valley toad and came up
with similar results but stopped short of concluding that it is a
unique species. We evaluated both papers and concluded the Gordon et
al. (2017, entire) paper provided a better sampling design to answer
species-level genetic questions and conducted a more thorough
morphological analysis. Additionally, the Dixie Valley toad has been
accepted as a valid species by the two leading authoritative amphibian
internet sites: (1) <a href="http://Amphibiaweb.org">Amphibiaweb.org</a> (AmphibiaWeb 2022, website) and (2)
Amphibian Species of the World (Frost 2021, website). Because both the
larger scientific community and our own analysis of the best available
scientific information indicate that the findings of Gordon et al.
(2017 entire) are well supported, we are accepting their conclusions
that the Dixie Valley toad is a unique species (Anaxyrus williamsi).
Therefore, we have determined that the Dixie Valley toad is a listable
entity under the Act.
[[Page 20376]]
Fourteen different morphological characteristics of Dixie Valley
toads were measured and compared to several other species within the
western toads species complex (Gordon et al. 2017, pp. 125-131). While
all 14 morphological characteristics measured for Dixie Valley toad
were significantly different from the other species within the western
toads species complex, the most striking differences were the average
size of adults (mean snout-to-vent length (SVL) of 54.6 millimeters
(mm) (2.2 inches (in)), which makes it the smallest species within the
A. boreas species complex), the close-set eyes and perceptively large
tympanum (eardrum), and its unique coloration (Gordon et al. 2017, pp.
125-131).
Limited information is available specific to the life history of
the Dixie Valley toad; therefore, closely associated species are used
as surrogates where appropriate. Breeding (denoted by observing a male
and female in amplexus, egg masses, or tadpoles) occurs annually
between March and May (Forrest 2013, p. 76). Breeding appears
protracted due to the thermal nature of the habitat and can last up to
3 months (March-May) with toads breeding early in the year in habitats
closer to the thermal spring sources and then moving downstream into
habitats as they warm throughout spring and early summer. Other toad
species typically have a much more contracted breeding season of 3-4
weeks (e.g., Sherman 1980, pp. 18-19, 72-73). Dixie Valley toad
tadpoles hatch shortly after being deposited; time to hatching is not
known but is likely dependent on water temperature (e.g., black toad
(Anaxyrus exsul) tadpoles hatch in 7 to 9 days; Sherman 1980, p. 97).
Fully metamorphosed Dixie Valley toadlets were observed 70 days after
egg laying (Forrest 2013, pp. 76-77).
The Dixie Valley toad is a narrow-ranging endemic (highly local and
known to exist only in their place of origin) known from one population
in the Dixie Meadows area of Churchill County, Nevada. The species
occurs primarily on Department of Defense (Fallon Naval Air Station)
lands (90 percent) and Bureau of Land Management (BLM) lands (10
percent). The wetlands located in Dixie Meadows cover 307.6 hectares
(ha) (760 acres (ac)) and are fed by geothermal springs. The potential
area of occupancy is estimated to be 146 ha (360 ac) based on the
extent of wetland-associated vegetation. The species is heavily reliant
on these wetlands, as it is rarely encountered more than 14 meters (m)
(46 feet (ft)) from aquatic habitat (Halstead et al. 2021, p. 7).
The Nevada Department of Wildlife received approval by the
Legislative Council Bureau to add Dixie Valley toads as a protected
amphibian by the State of Nevada under Nevada Administrative Code (NAC)
503.075(2)(b). The revised list of protected amphibians is expected to
be finalized in 2022. Per NAC 503.090(1), there is no open season on
those species of amphibian classified as protected. Per NAC 503.094,
the State issues permits for the take and possession of any species of
wildlife for strictly scientific or educational purposes. The Nevada
Department of Conservation and Natural Resources includes the Nevada
Division of Natural Heritage (NDNH), which tracks the species status of
plants and animals in Nevada. The NDNH recognizes Dixie Valley toads as
critically imperiled, rank S1. Ranks of S1 are defined as species with
very high risks of extirpation in the jurisdiction due to very
restricted range, very few populations or occurrences, very steep
declines, severe threats, or other factors.
For an extensive discussion of biological background information,
previous Federal actions, biological status, the threats analysis,
conservation efforts and regulatory mechanisms, our determination of
status under the Act, and conservation measures available to listed and
proposed species, consult the temporary rule, emergency action, for the
Dixie Valley toad published concurrently in this issue of the Federal
Register. The temporary rule further contains the rationale for this
proposal to list the Dixie Valley toad as an endangered species under
the Act.
II. Critical Habitat
Background
Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features
(a) Essential to the conservation of the species, and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Our regulations at 50 CFR 424.02 define the geographical area
occupied by the species as an area that may generally be delineated
around species' occurrences, as determined by the Secretary (i.e.,
range). Such areas may include those areas used throughout all or part
of the species' life cycle, even if not used on a regular basis (e.g.,
migratory corridors, seasonal habitats, and habitats used periodically,
but not solely by vagrant individuals). Additionally, our regulations
at 50 CFR 424.02 define the word ``habitat,'' for the purposes of
designating critical habitat only, as the abiotic and biotic setting
that currently or periodically contains the resources and conditions
necessary to support one or more life processes of a species.
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation also does not allow the
government or public to access private lands. Such designation does not
require implementation of restoration, recovery, or enhancement
measures by non-Federal landowners. Where a landowner requests Federal
agency funding or authorization for an action that may affect a listed
species or critical habitat, the Federal agency would be required to
consult with the Service under section 7(a)(2) of the Act. However,
even if the Service were to conclude that the proposed activity would
result in destruction or adverse modification of the critical habitat,
the Federal action agency and the landowner are not required to abandon
the proposed activity, or to restore or recover the species; instead,
they must implement ``reasonable and prudent alternatives''
[[Page 20377]]
to avoid destruction or adverse modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed are included in a critical habitat designation if they
contain physical or biological features (1) which are essential to the
conservation of the species and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific and commercial data available, those physical or biological
features that are essential to the conservation of the species (such as
space, food, cover, and protected habitat).
Under the second prong of the Act's definition of critical habitat,
we can designate critical habitat in areas outside the geographical
area occupied by the species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species. The implementing regulations at 50 CFR 424.12(b)(2) further
delineate unoccupied critical habitat by setting out three specific
parameters: (1) When designating critical habitat, the Secretary will
first evaluate areas occupied by the species; (2) the Secretary will
only consider unoccupied areas to be essential where a critical habitat
designation limited to geographical areas occupied by the species would
be inadequate to ensure the conservation of the species; and (3) for an
unoccupied area to be considered essential, the Secretary must
determine that there is a reasonable certainty both that the area will
contribute to the conservation of the species and that the area
contains one or more of those physical or biological features essential
to the conservation of the species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Further, our Policy on
Information Standards Under the Endangered Species Act (published in
the Federal Register on July 1, 1994 (59 FR 34271)), the Information
Quality Act (section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)),
and our associated Information Quality Guidelines provide criteria,
establish procedures, and provide guidance to ensure that our decisions
are based on the best scientific data available. They require our
biologists, to the extent consistent with the Act and with the use of
the best scientific data available, to use primary and original sources
of information as the basis for recommendations to designate critical
habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information from the SSA report and information developed during the
listing process for the species. Additional information sources may
include any generalized conservation strategy, criteria, or outline
that may have been developed for the species; the recovery plan for the
species; articles in peer-reviewed journals; conservation plans
developed by States and counties; scientific status surveys and
studies; biological assessments; other unpublished materials; or
experts' opinions or personal knowledge.
As the regulatory definition of ``habitat'' reflects (50 CFR
424.02), habitat is dynamic, and species may move from one area to
another over time. We recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be needed
for recovery of the species. Areas that are important to the
conservation of the species, both inside and outside the critical
habitat designation, will continue to be subject to: (1) Conservation
actions implemented under section 7(a)(1) of the Act; (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species; and (3) the prohibitions found in section 9 of the Act.
Federally funded or permitted projects affecting listed species outside
their designated critical habitat areas may still result in jeopardy
findings in some cases. These protections and conservation tools will
continue to contribute to recovery of the species. Similarly, critical
habitat designations made on the basis of the best available
information at the time of designation will not control the direction
and substance of future recovery plans, habitat conservation plans, or
other species conservation planning efforts if new information
available at the time of those planning efforts calls for a different
outcome.
Prudency Determination
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary shall designate critical habitat at the
time the species is determined to be an endangered or threatened
species. Our regulations (50 CFR 424.12(a)(1)) state that the Secretary
may, but is not required to, determine that a designation would not be
prudent in the following circumstances:
(i) The species is threatened by taking or other human activity and
identification of critical habitat can be expected to increase the
degree of such threat to the species;
(ii) The present or threatened destruction, modification, or
curtailment of a species' habitat or range is not a threat to the
species, or threats to the species' habitat stem solely from causes
that cannot be addressed through management actions resulting from
consultations under section 7(a)(2) of the Act;
(iii) Areas within the jurisdiction of the United States provide no
more than negligible conservation value, if any, for a species
occurring primarily outside the jurisdiction of the United States;
(iv) No areas meet the definition of critical habitat; or
(v) The Secretary otherwise determines that designation of critical
habitat would not be prudent based on the best scientific data
available.
As discussed in the SSA report, there is currently no imminent
threat of collection or vandalism (identified under Factor B) for this
species, and identification and mapping of critical habitat is not
expected to initiate any such threat. In our SSA report and emergency
listing rule for the Dixie Valley toad, we determined that the present
or threatened destruction, modification, or curtailment of habitat or
range is a threat to Dixie Valley toad and that those threats in some
way can be addressed by section 7(a)(2) consultation measures. The
species occurs wholly in the jurisdiction of the United States, and we
are able to identify areas that meet the definition of critical
habitat. Therefore, because none of the circumstances enumerated in our
regulations at 50 CFR 424.12(a)(1) have been met and because the
Secretary has not identified other circumstances for which this
designation of critical habitat would be not prudent, we have
determined that the designation of critical habitat is prudent for the
Dixie Valley toad.
Critical Habitat Determinability
Having determined that designation is prudent, under section
4(a)(3) of the Act we must find whether critical habitat for the Dixie
Valley toad is determinable.
[[Page 20378]]
Our regulations at 50 CFR 424.12(a)(2) state that critical habitat is
not determinable when one or both of the following situations exist:
(i) Data sufficient to perform required analyses are lacking, or
(ii) The biological needs of the species are not sufficiently well
known to identify any area that meets the definition of ``critical
habitat.''
We reviewed the available information pertaining to the biological
needs of the species and habitat characteristics where this species is
located. Careful assessments of the economic impacts that may occur due
to a critical habitat designation are not yet complete. Therefore, data
sufficient to perform required analyses are lacking, and we conclude
that the designation of critical habitat for the Dixie Valley toad is
not determinable at this time. The Act allows the Service an additional
year to publish a critical habitat designation that is not determinable
at the time of listing (16 U.S.C. 1533(b)(6)(C)(ii)).
Required Determinations
Clarity of the Rule
We are required by E.O.s 12866 and 12988 and by the Presidential
Memorandum of June 1, 1998, to write all rules in plain language. This
means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses pursuant to the National Environmental Policy
Act (42 U.S.C. 4321 et seq.) in connection with regulations adopted
pursuant to section 4(a) of the Act. We published a notice outlining
our reasons for this determination in the Federal Register on October
25, 1983 (48 FR 49244). This position was upheld by the U.S. Court of
Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495
(9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951, May 4, 1994), E.O. 13175 (Consultation and
Coordination with Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
Tribes in developing programs for healthy ecosystems, to acknowledge
that Tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to Tribes. We requested information from the
Paiute-Shoshone Tribe of the Fallon Reservation and Colony and have
continued to coordinate during the SSA process. We are requesting the
Tribe's partner review of the draft SSA report concurrent with the
comment period identified in this proposed rule, which is published
concurrently with the temporary rule found in the Rules and Regulations
section of this issue of the Federal Register (see Docket No. FWS-R8-
ES-2022-0024 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>). We will continue to work
with Tribal entities during the development of a final listing rule for
the Dixie Valley toad, and for a designation of critical habitat if
found to be prudent and determinable.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and upon request from
the Reno Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this proposed rule are the staff members of
the Fish and Wildlife Service's Species Assessment Team and the Reno
Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Published concurrently in the Rules and Regulations section of this
issue of the Federal Register, we are exercising our authority pursuant
to section 4(b)(7) of the Endangered Species Act of 1973, as amended,
to emergency list for 240 days the Dixie Valley toad (Anaxyrus
williamsi) as an endangered species due to the imminent development of
a geothermal project in Dixie Meadows, Nevada, and the potential
resulting effects to the geothermal springs relied upon by the Dixie
Valley toad. For the reasons discussed in the preamble of that
temporary rule, we propose to make the emergency listing permanent.
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245,
unless otherwise noted.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-07375 Filed 4-6-22; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on April 7, 2022.
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