Endangered and Threatened Wildlife and Plants; Endangered Species Status for Tiehm's Buckwheat

Citation86 FR 55775
Record Number2021-21651
Published date07 October 2021
CourtFish And Wildlife Service
Federal Register, Volume 86 Issue 192 (Thursday, October 7, 2021)
[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
                [Proposed Rules]
                [Pages 55775-55789]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-21651]
                =======================================================================
                -----------------------------------------------------------------------
                DEPARTMENT OF THE INTERIOR
                Fish and Wildlife Service
                50 CFR Part 17
                [Docket No. FWS-R8-ES-2020-0017; FF08E00000 FXES11110800000 212]
                RIN 1018-BF94
                Endangered and Threatened Wildlife and Plants; Endangered Species
                Status for Tiehm's Buckwheat
                AGENCY: Fish and Wildlife Service, Interior.
                ACTION: Proposed rule.
                -----------------------------------------------------------------------
                SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
                list Eriogonum tiehmii (hereafter Tiehm's buckwheat), a plant species
                native to Nevada in the United States, as endangered under the
                Endangered Species Act of 1973, as amended (Act). If we finalize this
                rule as proposed, it would add this species to the List of Endangered
                and Threatened Plants and extend the Act's protections to the species.
                DATES: We will accept any additional data, information, or comments
                received or postmarked on or before December 6, 2021. 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 a public hearing, in
                writing, at the address shown in FOR FURTHER INFORMATION CONTACT by
                November 22, 2021.
                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 the docket number or RIN
                for this rulemaking (presented above in the document headings). For
                best results, do not copy and paste either number; instead, type the
                docket number or RIN into the Search box using hyphens. 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-2020-0017, U.S. Fish and Wildlife Service,
                MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
                 We request that you send any additional data, information, or
                [[Page 55776]]
                comments only by the methods described above. We will post all relevant
                data, information, or comments on https://www.regulations.gov. This
                generally means that we also will post any personal information you
                provide us (see Information Requested, below, for more information).
                 Availability of supporting materials: Our Species Status Assessment
                for Tiehm's buckwheat is available at https://www.fws.gov/reno/ and at
                https://www.regulations.gov under Docket No. FWS-R8-ES-2020-0017.
                FOR FURTHER INFORMATION CONTACT: Marc Jackson, Field Supervisor, U.S.
                Fish and Wildlife Service, Reno Ecological Services Field Office, 1340
                Financial Boulevard, Suite 234, Reno, Nevada 89502; telephone 775-861-
                6337. Persons who use a telecommunications device for the deaf (TDD)
                may call the Federal Relay Service at 800-877-8339.
                SUPPLEMENTARY INFORMATION:
                Executive Summary
                 Why we need to publish a rule. Under the Endangered Species Act of
                1973, as amended (``Act''; 16 U.S.C. 1531 et seq.), if we determine
                that a species is an endangered or threatened species throughout all or
                a significant portion of its range, we are required to promptly publish
                a proposal in the Federal Register, unless doing so is precluded by
                higher-priority actions and expeditious progress is being made to add
                and remove qualified species to or from the Lists of Endangered and
                Threatened Wildlife and Plants. The Service will make a determination
                on our proposal within 1 year. If there is substantial disagreement
                regarding the sufficiency and accuracy of the available data relevant
                to the proposed listing, we may extend the final determination for not
                more than six months. To the maximum extent prudent and determinable,
                we must designate critical habitat for any species that we determine to
                be an endangered or threatened species under the Act. Listing a species
                as an endangered or threatened species and designation of critical
                habitat can only be completed by issuing a rule.
                 What this document does. We propose to list Tiehm's buckwheat as an
                endangered species under the Act.
                 The basis for our action. Under the Act, we may determine that a
                species is an endangered or 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. We have determined that Tiehm's buckwheat is
                primarily at risk of extinction due to the destruction, modification,
                or curtailment of its habitat and range from mineral exploration and
                development; road development and off-highway vehicle (OHV) use;
                livestock grazing; nonnative, invasive plant species; and herbivory.
                Climate change may further influence the degree to which some of these
                threats (herbivory and nonnative invasive plant species), individually
                or collectively, may affect Tiehm's buckwheat. In addition, existing
                regulatory mechanisms may be inadequate to protect the species.
                 Section 4(a)(3) of the Act requires the Secretary of the Interior
                (Secretary) to designate critical habitat concurrent with listing to
                the maximum extent prudent and determinable. Section 3(5)(A) of the Act
                defines critical habitat as (i) the specific areas within the
                geographical area occupied by the species, at the time it is listed, on
                which are found those physical or biological features (I) essential to
                the conservation of the species and (II) which may require special
                management considerations or protections; and (ii) specific areas
                outside the geographical area occupied by the species at the time it is
                listed, upon a determination by the Secretary that such areas are
                essential for the conservation of the species. Section 4(b)(2) of the
                Act states that the Secretary must make the designation on the basis of
                the best scientific data available and after taking into consideration
                the economic impact, the impact on national security, and any other
                relevant impacts of specifying any particular area as critical habitat.
                In this proposed rule, we present our determination that designating
                critical habitat is prudent but not determinable at this time, and that
                we intend to propose designated critical habitat subsequently.
                 Peer review. 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 solicited reviews of
                the draft Species Status Assessment (SSA) for Tiehm's buckwheat. We
                sought the expert opinions of four independent specialists with
                expertise in botany, rare plant conservation, and plant ecology, and
                received responses from three of said experts. The purpose of peer
                review of the SSA report is to ensure that our listing determination is
                based on scientifically sound data, assumptions, and analyses. Comments
                from peer reviewers have been incorporated into our SSA as appropriate.
                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 as possible. Therefore, we request comments or
                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) Tiehm's buckwheat biology, distribution, and population size
                and trend, including:
                 (a) Biological or ecological requirements of the species, including
                habitat requirements for pollination, reproduction, and dispersal;
                 (b) Genetics and taxonomy;
                 (c) Historical and current range, including distribution patterns;
                 (d) Historical and current population levels, and current and
                projected trends; and
                 (e) 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,
                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, range, distribution, and population size of this species,
                including the locations of any additional populations 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, although noted, will not be considered in
                making a determination, as section 4(b)(1)(A) of the Act directs that
                determinations as to whether any species is an endangered or a
                threatened species must be made ``solely on the
                [[Page 55777]]
                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.
                 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. 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 by news release at least 15 days before the
                hearing. For the immediate future, we will provide these public
                hearings using webinars that will be announced on the Service's
                website, in addition to the Federal Register. The use of these virtual
                public hearings is consistent with our regulations at 50 CFR
                424.16(c)(3).
                Previous Federal Actions
                 On October 7, 2019, we received a petition from the Center for
                Biological Diversity (CBD; CBD 2019, entire) requesting that Tiehm's
                buckwheat be listed as threatened or endangered, that critical habitat
                be concurrently designated for this species under the Act, and that the
                petition be considered on an emergency basis. The Act does not provide
                for a process to petition for emergency listing; therefore, we
                evaluated the petition to determine if it presented substantial
                scientific or commercial information indicating that the petitioned
                action may be warranted. The Service published a 90-day finding on July
                22, 2020 (86 FR 44265), stating that the petition presented substantial
                scientific or commercial information indicating that listing Tiehm's
                buckwheat may be warranted.
                 On September 29, 2020, CBD filed a complaint in the U.S. District
                Court for the District of Nevada against the Service alleging
                violations under the Administrative Procedure Act (5 U.S.C. 551 et
                seq.); CBD amended the complaint on October 14, 2020, to include a
                claim under the Act that the Service had missed the 1-year deadline of
                October 7, 2020, for issuing a 12-month finding for Tiehm's buckwheat.
                On April 21, 2021, the court issued a decision, and, in response to a
                stipulated request for a revised remedy order, on May 17, 2021, the
                court ordered the Service to deliver a 12-month finding on Tiehm's
                buckwheat to the Federal Register by May 31, 2021, and if warranted, a
                proposed listing rule by September 30, 2021, and if warranted and
                designating critical habitat is prudent and determinable, a proposed
                critical habitat determination by January 31, 2022 (or May 2, 2022, if
                the determination is deemed a ``significant regulatory action'' by the
                Office of Management and Budget). On May 20, 2021, the court issued an
                amended judgment, which serves as the final judgment in this case.
                 On June 4, 2021, the Service published a 12-month warranted finding
                (86 FR 29975) on the October 7, 2019, petition to list Tiehm's
                buckwheat. The Service now proposes to list Tiehm's buckwheat as an
                endangered species.
                Supporting Documents
                 The Service prepared an SSA report for the Tiehm's buckwheat
                (Service, 2021 entire). The science provided in the SSA report is the
                basis for this proposed rule. The SSA report represents a compilation
                of the best scientific and commercial data available concerning the
                status of the species, including past, present, and future impacts
                (both negative and beneficial) affecting the species. The SSA underwent
                independent peer review by scientists with expertise in botany, rare
                plant conservation, and plant ecology. The Service also sent the SSA
                report to three partner agencies, the Nevada Division of Forestry, the
                Nevada Division of Natural Heritage (NDNH), and the Bureau of Land
                Management (BLM), for review. We received comments from NDNH and BLM.
                Comments received during peer and partner review were considered and
                incorporated into our SSA.
                Proposed Listing Determination
                Background
                 A thorough review of the taxonomy, life history, and ecology of
                Tiehm's buckwheat is presented in the SSA report (Service 2021, pp. 13-
                22). A summary of the SSA is provided below.
                Species Description, Habitat, and Needs
                 Tiehm's buckwheat was first discovered in 1983 and described in
                1985. All available taxonomic and genetic research information
                indicates that Tiehm's buckwheat is a valid and recognizable taxon and
                represents a distinct species. Tiehm's buckwheat is a low-growing
                perennial herb, with blueish gray leaves and pale, yellow flowers that
                bloom from May to June and turn red with age. Seeds ripen in late-June
                through mid-July (Reveal 1985, pp. 277-278; Morefield 1995, pp. 6-7).
                 Tiehm's buckwheat occurs between 5,906 and 6,234 feet (ft; 1,800
                and 1,900 meters (m)) in elevation and on all aspects with slopes
                ranging from 0-50 degrees (Ioneer 2020a, p. 5; Morefield 1995, p. 11).
                The species occurs on dry, upland sites, subject only to occasional
                saturation by rain and snow and is not found in association with free
                surface or subsurface waters (Morefield 1995, p. 11). Although there is
                no information on Tiehm's buckwheat's specific water needs during its
                various life stages (i.e., dormant seed, seedling, juvenile, adult), it
                appears to be primarily dependent on occasional precipitation for its
                moisture supply (Morefield 1995, p. 11). Like most terrestrial plants,
                Tiehm's buckwheat requires soil for physical support and as a source of
                nutrients and water. Tiehm's buckwheat is a soil specialist
                specifically adapted to grow on its preferred soil type. The species is
                restricted to dry, open, relatively barren slopes with light-colored
                rocky clay soils derived from an uncommon formation of interbedded
                claystones, shales, tuffaceous sandstones, and limestones (Ioneer
                2020a, p. 5; Morefield 1995, p. 10). Vegetation varies from pure stands
                of Tiehm's buckwheat to sparse associations with a few other low-
                growing herbs and grass species (Morefield 1995, p. 12). The abundance
                and diversity of arthropods (insects, mites, and spiders) observed in
                Tiehm's buckwheat subpopulations is especially high (1,898 specimens
                from 12 orders,
                [[Page 55778]]
                70 families, and 129 species were found in 2020) for a plant community
                dominated by a single plant species (McClinton et al. 2020, p. 11).
                Primary pollinator visitors to Tiehm's buckwheat include wasps,
                beetles, and flies (McClinton et al. 2020, p.18). Tiehm's buckwheat
                benefits from pollinator services and needs pollination to increase
                seed production.
                 Tiehm's buckwheat is a narrow-ranging endemic known only from one
                population, comprising eight subpopulations, in the Rhyolite Ridge area
                of Silver Peak Range in Esmeralda County, Nevada. The single population
                of Tiehm's buckwheat is restricted to approximately 10 acres (4
                hectares) across a 3-square-mile area, located entirely on public lands
                administered by BLM. The subpopulations are separated by a rural,
                unpaved, county road where subpopulations 1, 2, and 8 occur north of
                the road, and subpopulations 3, 4, 5, 6, and 7 occur south of the road
                (Figure 1). A 2019 survey estimated that the total Tiehm's buckwheat
                population is 43,921 individual plants (Table 1; Kuyper 2019, p. 2).
                Multiple survey efforts have not detected additional populations of the
                species.
                BILLING CODE 4333-15-P
                [[Page 55779]]
                [GRAPHIC] [TIFF OMITTED] TP07OC21.000
                BILLING CODE 4333-15-C
                 Table 1--Summary of Tiehm's Buckwheat Individuals and Occupied Habitat
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Estimated number of plants Occupied habitat (acres)
                 Population Subpopulation -------------------------------------------------------------------------------
                 1994 \a\ 2008/2010 \b\ 2019 \c\ 2008/2010 2019
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                1.................................................... 1 7,000+ 15,380 9,240 4.71 4.81
                 2 3,000+ 4,000 4,541 1.17 1.56
                [[Page 55780]]
                
                 3 500+ 4,000 1,860 0.62 0.63
                 4 500+ 1,960 8,159 0.58 1.04
                 5 15 100 \d\ 199 0.03 0.04
                 6 6,000+ 11,100 19,871 1.64 1.88
                 7 n/a n/a \d\ 50 n/a 0.004
                 8 n/a n/a \d\ 1 n/a (*)
                 --------------------------------------------------------------------------------------------------
                 Total............................................ ................. 17,015+ 36,540 43,921 8.75 9.97
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                \a\ Ocular estimate.
                \b\ Method employed: ``Estimating Population Size Based on Average Central Density'' (Morefield 2008, entire: Morefield 2010, entire).
                \c\ Method employed: Modified density sampling methodology in BLM technical reference ``Sampling Vegetation Attributes'' (BLM 1999, Appendix B) and
                 ``Measuring and Monitoring Plant Subpopulations'' (Elzinga et al. 1998; Kuyper 2019, entire).
                \d\ Direct count.
                * (1 plant).
                Regulatory and Analytical Framework
                Regulatory Framework
                 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 is 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 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.
                 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. These include actions or conditions
                that have a direct or indirect impact as well as those that affect
                individuals through alteration of their habitat or resources. 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 expected response by the species,
                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. The term
                ``foreseeable future'' extends only so far into the future as the
                Service can reasonably determine that both the future threats and the
                species' responses to those threats are likely. In other words, the
                foreseeable future is the period of time in which we can make reliable
                predictions. ``Reliable'' does not mean ``certain''; it means
                sufficient to provide a reasonable degree of confidence in the
                prediction. Thus, a prediction is reliable if it is reasonable to
                depend on it when making decisions.
                 It is not always possible or necessary to define foreseeable future
                as a particular number of years. Analysis of the foreseeable future
                uses the best scientific and commercial data available and should
                consider the timeframes applicable to the relevant threats and to the
                species' likely responses to those threats in view of its life-history
                characteristics. Data that are typically relevant to assessing the
                species' biological response include species-specific factors such as
                lifespan, reproductive rates or productivity, certain behaviors, and
                other demographic factors.
                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 a decision by
                the Service on whether the species should be proposed for listing as an
                endangered or threatened species under the Act. It does, however,
                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. 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-R8-ES-2020-
                [[Page 55781]]
                0017 on https://www.regulations.gov and at https://www.fws.gov/reno/.
                 To assess viability of the Tiehm's buckwheat, we used the three
                conservation biology principles of resiliency, redundancy, and
                representation (Shaffer and Stein 2000, pp. 306-310). Briefly,
                resiliency supports the ability of the species to withstand
                environmental and demographic stochasticity (for example, wet or dry,
                warm or cold years), redundancy supports the ability of the species to
                withstand catastrophic events (for example, droughts, large pollution
                events), and representation supports the ability of the species to
                adapt over time to long-term changes in the environment (for example,
                climate changes). In general, the more resilient and redundant a
                species is and the more representation it has, the more likely it is to
                sustain populations over time, even under changing environmental
                conditions. 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 the 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 impacts. 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. We use this information to inform our regulatory
                decision.
                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.
                 For the Tiehm's buckwheat to maintain viability, its populations or
                some portion thereof must be resilient. A number of factors influence
                the resiliency of Tiehm's buckwheat, including suitable habitat,
                abundance, and recruitment. Elements of the species' habitat that
                determine whether the Tiehm's buckwheat population can grow to maximize
                habitat occupancy influence those factors, thereby influencing the
                resiliency of the population. These resiliency factors and habitat
                elements are discussed in detail in the SSA report (Service 2021,
                entire) and summarized here.
                Summary of Biological Status and Threats
                 We reviewed the potential threats that could be affecting the
                Tiehm's buckwheat now and in the future. In this proposed rule, we will
                discuss only those threats in detail that could meaningfully impact the
                status of the species. Those threats that are not known to have effects
                on Tiehm's buckwheat, such as disease and overutilization for
                commercial and scientific purposes, are not discussed here, but are
                evaluated in the SSA report. The primary threats affecting the status
                of the Tiehm's buckwheat are physical alteration of habitat due to
                mineral exploration and development, road development and OHV use,
                livestock grazing, and nonnative, invasive plant species (all Factor A
                threats); herbivory (Factor C); and climate change (Factor E). Climate
                change may further influence the degree to which these threats,
                individually or collectively, may affect Tiehm's buckwheat. While we
                generally discuss these threats individually, threats can also occur
                simultaneously, thus additively affecting the resiliency of Tiehm's
                buckwheat. Where different individual threats occur at the same time
                and place, we will describe how they may interact with one another in
                the threats discussion below. Threats may be reduced through the
                implementation of existing regulatory mechanisms or other conservation
                efforts that benefit Tiehm's buckwheat and its habitat. We also
                summarize and discuss how the existing regulatory mechanisms (Factor D)
                address these threats.
                Herbivory
                 The naturally occurring Tiehm's buckwheat population (represented
                by one population with eight subpopulations) and a seedling transplant
                experiment suffered detrimental herbivory in 2020. All of the naturally
                occurring subpopulations experienced greater than 50 percent damage or
                loss of individual plants, while almost all experimental transplants
                were lost to rodent herbivores in a 2-week period (Service 2020, pp.
                29-33). An environmental DNA analysis (i.e., trace DNA found in soil,
                water, food items, or other substrates with which an organism has
                interacted) conducted on damaged Tiehm's buckwheat roots, nearby soils,
                and rodent scat strongly linked small mammal herbivory to the
                widespread damage and loss of the naturally occurring Tiehm's buckwheat
                population (Grant 2020, entire). This was the first time herbivory was
                documented on the species, although, prior to 2019, surveys of the
                population were infrequent. The significance of herbivory in the
                naturally occurring population depends not only on its frequency and
                intensity, but also on whether damaged plants can recover and survive,
                as we are uncertain if the species will be able to recover from this
                damage and loss. Rodent herbivore pressure precluded seedling survival
                in experimental plots. Further studies and monitoring need to be
                conducted to determine if management to reduce rodent herbivory is
                necessary to maintain Tiehm's buckwheat individuals and subpopulations,
                or if it was just a random catastrophic event that is not likely to
                occur on a regular basis.
                 The recent herbivory event that Tiehm's buckwheat experienced was
                extensive enough to compromise the long-term viability of individuals,
                subpopulations, and the overall population. One possibility for why
                this occurred is that climate changes are causing changes in moisture
                availability. Total precipitation was above average in the Rhyolite
                Ridge area from 2015 through 2019, whereas in 2020, it was
                significantly below average. Increases in precipitation are typically
                followed by increases in rodent populations (Randel and Clark 2010;
                entire; Gillespie et al. 2008, pp. 78-81; Brown and Ernest 2002, pp.
                981-985; Beatley 1976, entire). This sudden shift from above average to
                below average precipitation may be what impacted the local rodent
                population at Rhyolite Ridge; a large rodent population was seeking
                water from whatever source was available and, in this case, found the
                shallow taproots of mature Tiehm's buckwheat plants (Boone 2020,
                entire; Morefield 2020, p. 12). If herbivory was driven by a water-
                stressed rodent population, future alteration of temperature and
                precipitation patterns may create climate conditions for this situation
                to happen again, resulting in further damage or loss of Tiehm's
                buckwheat individuals.
                Mineral Exploration and Development
                 The specialized soils on which Tiehm's buckwheat occurs are high in
                lithium and boron, making this location of high interest for mineral
                [[Page 55782]]
                development. Trenches and mine shafts associated with mineral
                exploration and development have already impacted subpopulations 1, 2,
                3, 4, and 6, resulting in the loss of some of the Tiehm's buckwheat
                habitat (Morefield 1995, p. 15). Future mineral exploration and
                development would be expected to result in similar or more detrimental
                impacts to the species. The BLM lands on which Tiehm's buckwheat grows
                are subject to the operation of the Mining Law of 1872, as amended (30
                U.S.C. 22-54). Therefore, under BLM's regulations, operators may
                explore and cause a surface disturbance of up to 5 acres after an
                operator gives notice to BLM and waits 15 days (43 CFR 3809.21(a)). By
                contrast, if a listed species or designated critical habitat is
                present, an operator must submit a mining plan of operations and obtain
                BLM approval for any surface disturbance greater than casual use (43
                CFR 3809.11(b)(6)).
                 In May 2020, Ioneer USA Corporation (Ioneer) submitted a plan of
                operations to BLM for the proposed Rhyolite Ridge lithium-boron
                project. The proposed project is awaiting BLM permitting and approval
                and, if permitted, would result in the complete loss of Tiehm's
                buckwheat habitat and subpopulations 4, 5, 6, and 7, even with the
                voluntary protection measures included in Ioneer's project proposal.
                The voluntary protection measures included in Ioneer's project proposal
                are summarized below in the Conservation Measures and Existing
                Regulatory Mechanisms section (protection measures are described more
                thoroughly in Service 2021, pp. 39-40, 46-47). The potential impact
                from the proposed project, combined with the loss resulting from the
                recent herbivory event, would reduce the total Tiehm's buckwheat
                population by 70 to 88 percent, or from 43,921 individuals to roughly
                5,289-8,696 individuals, and remove 30 percent of its total habitat
                (2.96 ac (1.2 ha); Ioneer 2020a, Figure 4, p. 29). The number of
                individuals estimated to survive is represented by a range, because we
                do not know yet if the plants damaged from herbivory will be able to
                recover and survive. The low end of this range is based on permanent
                loss of damaged plants, while the high end represents conditions if all
                the herbivore-damaged plants recover. At the end of the project as
                proposed, areas previously occupied by Tiehm's buckwheat in
                subpopulations 4-7 would be underwater within the boundaries of a
                quarry lake (Ioneer 2020b, pp. 71-72). Ioneer is proposing to remove
                and salvage all remaining plants in subpopulations 4, 5, 6, and 7
                (between 11,701-16,205 plants depending on if damaged plants recover
                from herbivory) and translocate them to another location. However,
                because Tiehm's buckwheat is a soil specialist and adjacent, unoccupied
                sites are not suitable for all early life-history stages, herbivore
                impacts on transplanted seedlings, and lack of testing and multiyear
                monitoring on the feasibility of transplanting the species, we are
                uncertain of the potential for success of translocation efforts.
                 Subpopulation 6 may be the most resilient of the eight Tiehm's
                buckwheat subpopulations because it has the most individuals, produces
                a higher average density of flowers (correlating to a higher seed
                output), supports high pollinator diversity, and supports a variety of
                size classes, including having the most individuals in the smallest
                size class indicating that this subpopulation is likely experiencing
                the most recruitment (Kuyper 2019, p. 3; Ioneer 2020a, pp. 7-8;
                McClinton et al. 2020, p. 23, 51). Loss of this subpopulation to the
                proposed Rhyolite Ridge lithium-boron project may have an immense
                impact on the overall resiliency and continued viability of the
                species, beyond just the numeric loss of redundancy and representation.
                 Rare plant species, like Tiehm's buckwheat, that have restricted
                ranges, specialized habitat requirements, and limited recruitment and
                dispersal, have a higher risk of extinction due to demographic
                uncertainty and random environmental events (Shaffer 1987, pp. 69-75;
                Lande 1993, pp. 911-927; Hawkins et al. 2008, pp. 41-42; Caicco 2012,
                pp. 93-94; Kaye et al. 2019, p. 2). Additionally, habitat fragmentation
                poses specific threats to species through genetic factors such as
                increases in genetic drift and inbreeding, together with a potential
                reduction in gene flow from neighboring individuals or subpopulations
                (Jump and Pe[ntilde]uelas 2005, pp. 1015-1016). The effects of habitat
                fragmentation from the proposed Rhyolite Ridge lithium-boron project on
                Tiehm's buckwheat may be compounded by the inherently poor dispersal of
                the species and its specific soil requirements.
                Road Development and Off-Highway Vehicle Use
                 Ecological impacts of roads and ground-disturbing activities like
                OHV use include altered hydrology, pollution, sedimentation, silt and
                dust erosion and deposition, habitat fragmentation, reduced species
                diversity, and altered landscape patterns (Forman and Alexander 1998,
                entire; Spellerberg 1998, entire). OHV impacts have occurred in
                subpopulation 1 (Caicco and Edwards 2007, entire; Donnelly and Fraga
                2020, p. 1; Ioneer 2020a, p. 10) and can kill or damage individual
                plants and modify habitat through fragmentation and soil compaction.
                Mining and mineral exploration activities that grade, improve, and
                widen roads in the Rhyolite Ridge area may allow easier and greater
                access for OHVs and recreational use. Additionally, road development
                and increased vehicle traffic associated with the mine may create
                conditions that further favor the establishment of nonnative, invasive
                species within Tiehm's buckwheat habitat.
                 Ioneer's proposed Rhyolite Ridge lithium-boron project would
                construct and maintain service and haul roads within the Rhyolite Ridge
                area. Cave Springs Road (as seen on Figure 1) is currently maintained
                by Esmeralda County and bisects the Tiehm's buckwheat subpopulations.
                Realignment of this road is proposed to accommodate haul roads. It is
                expected that the rerouted road would be transferred to the county at
                closure, as an amendment to the county's existing right-of-way with BLM
                (Ioneer 2020b, p. 44). The expected amount of truck traffic associated
                with providing needed materials and supplies and product transport for
                the proposed project is anticipated to be 100 round trips per day, 365
                days per year (Ioneer 2020b, p. 7).
                 Dust deposition, often a result of vehicle traffic on roads,
                negatively affects the physiological processes of plants including
                photosynthesis, reproduction, transpiration, water use efficiency, leaf
                hydraulic conductance, and stomatal disruption that impedes the ability
                of the stomata to open and close effectively (Hirano et al. 1995, pp.
                257-260; Vardaka et al. 1995, pp. 415-418; Wijayratne et al. 2009, pp.
                84-87; Lewis 2013, pp. 56-79; Sett 2017, entire). Physiological
                disruption to Tiehm's buckwheat individuals from dust generated from
                vehicular traffic associated with the proposed Rhyolite Ridge lithium-
                boron project would likely negatively affect the overall health and
                physiological processes of the population and of the subpopulations
                remaining (1, 2, 3, and 8) after full implementation of the proposed
                Rhyolite Ridge lithium-boron project.
                Livestock Grazing
                 Livestock grazing has the potential to result in negative impacts
                to Tiehm's buckwheat individuals, subpopulations, and/or the
                population, depending on
                [[Page 55783]]
                factors such as stocking rate and season of use. Livestock grazing may
                result in direct impacts to individual Tiehm's buckwheat plants due to
                trampling of vegetation and soil disturbance (compaction) in ways that
                can render habitat no longer suitable to established plants, while also
                discouraging population recruitment (by discouraging seed retention,
                seed germination, and seedling survival). Patterns of soil disturbance
                associated with grazing also can create conditions conducive to the
                invasion of nonnative plant species (Young et al. 1972, entire; Hobbs
                and Huenneke 1992, p. 329; Loeser et al. 2007, pp. 94-95).
                 Tiehm's buckwheat occurs in the BLM Silver Peak livestock grazing
                allotment (BLM 1997, p. 15, Map 17). The Silver Peak allotment
                (NV00097) was authorized on September 9, 2020, with a 4-year term that
                expires on September 24, 2024 (BLM 2021a, entire). There are no grazing
                exclosures associated with Tiehm's buckwheat within this BLM allotment;
                therefore, the species may be exposed to the effects of livestock
                grazing described in the above paragraph. Although some Tiehm's
                buckwheat individuals may be impacted by this threat, current grazing
                damage to Tiehm's buckwheat has not been observed. There are currently
                658 active AUMs (animal unit months) and 2,507 temporarily suspended
                AUMs associated with the Silver Peak allotment due to stocking water
                range improvements that have fallen out of repair.
                 Upon expiration of the Silver Peak allotment, BLM will consider
                reauthorization and/or changing the number of active AUMs. Range
                improvements are in progress, and additional AUMs may be returned on
                this allotment (Truax 2020, pers. comm.). However, grazing impacts
                could potentially increase in the future if additional AUMs are
                returned to this allotment.
                Nonnative, Invasive Plant Species
                 Nonnative, invasive plant species could negatively affect Tiehm's
                buckwheat individuals, subpopulations, and/or the population through
                competition, displacement, and degradation of the quality and
                composition of its habitat (Gonzalez et al. 2008, entire; Simberloff et
                al. 2013, entire). Surveys of Tiehm's buckwheat conducted between 1994
                and 2010 did not document any occurrences of nonnative, invasive
                species in its habitat (Morefield 1995, entire; Caicco and Edwards
                2007, entire; Morefield 2008, entire; Morefield 2010, entire). However,
                saltlover (Halogeton glomeratus) has since become established to some
                degree and is part of the associated plant community in all
                subpopulations of Tiehm's buckwheat (CBD 2019, pp. 20-21; Ioneer 2020a,
                pp. 9-10). Vehicles can carry the seeds of nonnative, invasive plant
                species into the area, and soil disturbances, such as mineral
                exploration activities, can encourage the spread of saltlover, which
                alters the substrate by making the soil more saline and less suitable
                as habitat for Tiehm's buckwheat.
                 Road development and vehicle traffic associated with the proposed
                mine as well as livestock grazing, which currently occurs within the
                Tiehm's buckwheat population as part of the BLM's Silver Peak
                allotment, may create conditions that further favor the establishment
                of nonnative, invasive species within Tiehm's buckwheat habitat. For
                example, Ioneer's Rhyolite Ridge lithium-boron project proposes to
                construct and operate a quarry, processing plant, overburden storage
                facility, spent ore storage facility, and access roads (Ioneer 2020b,
                p. 11). If the project is approved, and these ground-disturbing
                activities occur, there is a potential for increase in spread of
                nonnative, invasive plant species. However, this possible increase
                would depend on conditions associated with approval of the proposed
                project. Under the National Environmental Policy Act (42 U.S.C. 4321 et
                seq.), BLM has the discretion to analyze best management practices to
                help reduce the likelihood that nonnative, invasive plant species are
                introduced and spread in Tiehm's buckwheat habitat.
                Climate Change
                 The effects of climatic changes in the Great Basin depend largely
                on the interaction of temperature and precipitation. Temperatures in
                the Great Basin have increased over the past 100 years. Between 1895
                and 2011, temperatures in the Great Basin have increased 1.2[deg] to
                2.5 [deg]F (0.7[deg] to 1.4[deg]C), with a greater increase in the
                southern Great Basin (where Eriogonum tiehmii occurs) than in the
                northern Great Basin (Snyder et al. 2019, p. 3). Temperatures are
                increasing more at night than during the day and more in winter than in
                summer, leading to fewer cold snaps, more heatwaves, fewer frosty days
                and nights, less snow, and earlier snowmelt (Snyder et al. 2019, p. 3;
                Padgett et al. 2018, p. 167; Abatzoglou and Kolden 2013, entire;
                Knowles et al. 2006, p. 4557; Mote et al. 2005, entire; Stewart et al.
                2005, p. 1152). Although these observed trends provide information as
                to how climate has changed in the past, climate models can be used to
                simulate and develop future climate projections.
                 Simulations using downscaled methods from 20 global climate models
                project mean average temperature during December, January, and February
                for the Rhyolite Ridge area to increase by 2.3 [deg]F (1.3 [deg]C) by
                2060 and 3.4 [deg]F (1.9 [deg]C) by 2099 under moderate emission
                scenarios (RCP 4.5; Hegewisch and Abatzoglou (2020a). Under high
                emission scenarios (RCP 8.5), mean average temperatures during winter
                months increase by 3.6 [deg]F (2 [deg]C) by 2060 and 7.1 [deg]F (3.9
                [deg]C) by 2099. Likewise, these models project maximum average
                temperatures during June, July, and August for the Rhyolite Ridge area
                to increase by 2.9 [deg]F (1.6 [deg]C) by 2060 and 4.1 [deg]F (2.3
                [deg]C) by 2099 under moderate emission scenarios (RCP 4.5). Under high
                emission scenarios (RCP 8.5), maximum average temperatures during
                summer months increased by 4.6 [deg]F (2.6 [deg]C) by 2060 and 8.9
                [deg]F (4.9 [deg]C) by 2099 (Hegewisch and Abatzoglou 2020a).
                 Additionally, simulations using these downscaling methods from
                multiple models project annual precipitation for the Rhyolite Ridge
                area to increase by 0.4 in (10.16 mm (milometers)) by 2060 and 0.6 in
                (15.24 mm) by 2099 under moderate emission scenarios (RCP 4.5). Under
                high emission scenarios (RCP 8.5), annual precipitation increases by
                0.3 in (7.62 mm) by 2060 and 0.7 in (17.78 mm) by 2099 (Hegewisch and
                Abatzoglou 2020a). Total precipitation was above average in the
                Rhyolite Ridge area during the period 2015-2019, ranging from 6.1 to
                8.7 in (15.5 to 22 cm) a year (Hegewisch and Abatzoglou 2020b).
                Whereas, in 2020, total average precipitation for the same area was 2.7
                in (6.8 cm; Hegewisch and Abatzoglou 2020c).
                 Tiehm's buckwheat is adapted to dry, upland sites, subject only to
                occasional saturation by rain and snow. Increasing temperature can
                affect precipitation patterns. The fraction of winter precipitation
                (November-March) that falls as snow versus rain is declining in the
                western United States (Palmquist et al. 2016, pp. 13-16). When
                temperatures are cold enough to limit water losses from plant
                transpiration and soils are not frozen, shifts from snow to rain may
                have minimal impact on deep soil water storage. If rainfall replaces
                snow and temperatures are increased enough to thaw soils to stimulate
                plant growth and physiological activity earlier in the year, this
                scenario would result in less deep soil water recharge (i.e., less soil
                water infiltration and more evaporation) and potential changes in plant
                community
                [[Page 55784]]
                composition (Huxman et al. 2005, entire).
                 Fire is a naturally occurring phenomenon that impacts the
                distribution and structure of vegetation (Willis 2017, p. 52). However,
                due to increasing temperatures and reductions in precipitation, the
                severity and frequency of wildfires is likely to increase (Snyder et
                al. 2019, p. 8; Comer et al. 2013, pp. 130-135; Chambers and Wisdom
                2009, pp. 709-710). While the Great Basin is extremely prone to fires,
                with 14 million ac (5.6 million ha) burning in the last 20 years, there
                are no reported accounts of fire within Tiehm's buckwheat habitat or in
                the surrounding Rhyolite Ridge area (BLM 2020, entire). We currently do
                not have any data to indicate what level of effect wildfire could have
                on Tiehm's buckwheat; however, it could result in habitat loss or
                habitat fragmentation and/or remove Tiehm's buckwheat individuals.
                 The direct, long-term impact from climate change to Tiehm's
                buckwheat is yet to be determined. The timing of phenological events,
                such as flowering, are often related to environmental variables such as
                temperature. Large-scale patterns of changing plant distributions,
                flowering times, and novel community assemblages in response to rising
                temperatures and changing rainfall patterns are apparent in many
                vegetation biomes (Munson and Long 2017, entire; Willis 2017, pp. 44-
                49; Hawkins et al. 2008, entire; Burgess et al. 2007, entire; Parmesan
                2006, entire). However, we do not know if or how climate change may
                alter the phenology of Tiehm's buckwheat or cause changes in pollinator
                behavior.
                 In summary, Tiehm's buckwheat is adapted to dry, upland sites,
                subject only to occasional saturation by rain and snow. Under climate
                change predictions, we anticipate alteration of precipitation and
                temperature patterns, as models forecast warmer temperatures and slight
                increases in precipitation. The timing and type of precipitation
                received (snow vs. rain) may impact plant transpiration and the soil
                water recharge needed by Tiehm's buckwheat. Additionally, variability
                in interannual precipitation combined with increasing temperatures, as
                recently seen from 2015 through 2020, may make conditions less suitable
                for Tiehm's buckwheat by bolstering local rodent populations. High
                rodent abundance combined with high temperatures and drought may have
                contributed to the large herbivore impacts in 2020 in both the
                transplant experiment and native population. Thus, climate change may
                exacerbate impacts from rodent herbivory currently affecting this
                species and its habitat.
                Conservation Measures and Regulatory Mechanisms
                BLM
                 Tiehm's buckwheat is on the BLM Sensitive Species List (BLM 2008a,
                pp. 1-48). Although Tiehm's buckwheat is managed as a BLM sensitive
                species, BLM's regulations do not allow the agency to require
                conservation measures for sensitive species as a condition for
                exploring for, or developing minerals subject to disposal under the
                Mining Law of 1872, as amended (30 U.S.C. 22-54; Mining Law). Under
                BLM's handbook, the Silver Peak allotment permits grazing across
                281,489 ac (113,915 ha) that also encompass the area occupied by
                Tiehm's buckwheat. Under the Federal Land Policy and Management Act of
                1976, as amended (43 U.S.C. 1701 et seq.), BLM has the discretion to
                establish and implement special management areas, such as areas of
                critical environmental concern, to reduce or eliminate actions that
                adversely affect sensitive species, such as Tiehm's buckwheat. Although
                Tiehm's buckwheat is a BLM sensitive species, there are no special
                restrictions or terms and conditions regarding livestock use within the
                Silver Peak allotment where this species occurs nor are there any on
                the ground protections for Tiehm's buckwheat as a sensitive species.
                BLM has best management practices (BMPs) for invasive and nonnative
                species that focus on the prevention of further spread and/or
                establishment of these species (BLM 2008b, pp. 76-77). BMPs should be
                considered and applied where applicable to promote healthy, functioning
                native plant communities, or to meet regulatory requirements. BMPs
                include inventorying weed infestations, prioritizing treatment areas,
                minimizing soil disturbance, and cleaning vehicles and equipment (BLM
                2008b, pp. 76-77). However, incorporation or implementation of BMPs is
                at the discretion of an authorized BLM officer.
                 In response to the recent herbivory event on Tiehm's buckwheat
                subpopulations, BLM has been monitoring the species biweekly. Photo
                plots were established near undamaged plants in subpopulations 1, 3,
                and 6 to help determine whether herbivory is continuing (Crosby 2020a,
                pers. comm.; Crosby 2020b, pers. comm.). Ocular estimates from the
                photo plots indicate that herbivory is not ongoing (Crosby 2020b, pers.
                comm.). Game cameras that were installed by BLM when damage to the
                species was first reported were removed in mid-November 2020 but may be
                reinstalled if deemed necessary (Crosby 2020a, pers. comm.).
                Ioneer
                 As part of the proposed Rhyolite Ridge lithium-boron project,
                Ioneer is developing a conservation plan for Tiehm's buckwheat to
                protect and preserve the continued viability of the species on a long-
                term basis. The conservation plan is in the early stages of
                development.
                 Ioneer has also implemented or proposed various protection measures
                for Tiehm's buckwheat. Ioneer funded the development of a habitat
                suitability model to identify additional potential habitat for Tiehm's
                buckwheat through field surveys (Ioneer 2020a, p. 12). In addition, a
                demographic monitoring program was initiated in 2019 to detect and
                document trends in population size, acres inhabited, size class
                distribution, and cover with permanent monitoring transects established
                in subpopulations 1, 2, 3, 4, and 6 (Ioneer 2020a, p. 16). Ioneer also
                funded collection of Tiehm's buckwheat seed in 2019 (Ioneer 2020a, pp.
                13-14). Some of this seed was used by the University of Nevada, Reno,
                for a propagation trial and transplant study (Ioneer 2020a, p. 14). The
                remainder of this seed is in long-term storage at Rae Selling Berry
                Seed Bank at Portland State University (Ioneer 2020a, p. 13). Ioneer's
                proposed plans include avoiding subpopulations 1, 2, 3, and 8 (5,289
                plants; Ioneer 2020a, p. 11), installing fences and signage around
                subpopulations 1 and 2 (Ioneer 2020a, p. 11), and removing and
                salvaging all remaining plants in subpopulations 4, 5, 6, and 7
                (16,205-11,701 plants depending on if damaged plants recover from
                herbivory) and translocating them to another location (Ioneer 2020a, p.
                15). However, the proposed project may or may not be permitted by BLM,
                thus these protection measures may or may not be fully implemented.
                Summary of Current Condition
                 Data about the Tiehm's buckwheat population are sparse, as research
                and monitoring to better understand the species are still in their
                infancy (Grant 2020, entire; Ioneer 2020a, pp. 11-18; McClinton et al.
                2020, entire; Service 2020, entire). As a result, little is known about
                subpopulation connectivity and dispersal (i.e., gene-flow) and
                recruitment and/or seedling establishment, to inform population trend.
                Further studies and monitoring need to be conducted to determine if
                management to reduce herbivory is necessary to maintain Tiehm's
                [[Page 55785]]
                buckwheat individuals and subpopulations, or if the 2020 event was just
                a random catastrophic event that is not likely to occur on a regular
                basis.
                 Globally, Tiehm's buckwheat is known from 8 subpopulations that
                make up a single population (Table 1). Surveys have not detected
                additional populations of Tiehm's buckwheat. Tiehm's buckwheat
                substantially contributes to supporting the high abundance and
                diversity of arthropods and pollinators found in the Rhyolite Ridge
                area. A specific set of soil conditions are required for the growth of
                Tiehm's buckwheat, as the species is specifically adapted to grow on
                its preferred soil type (Ioneer 2020a, p. 5; Morefield 1995, p. 10).
                 Tiehm's buckwheat occurs entirely on 10 ac (4 ha) of Federal lands
                with sparse associations of other plant species. Rare plant species,
                like Tiehm's buckwheat, that have restricted ranges, specialized
                habitat requirements, and limited recruitment and dispersal have a
                higher risk of extinction due to demographic uncertainty and random
                environmental events. Under current conditions, primary threats to the
                species include mineral exploration and development, road development
                and OHV use, livestock grazing, nonnative, invasive plant species,
                herbivory, and climate change. Many of the threats currently affecting
                the species have the potential to work in combination. For example,
                mineral exploration, road development and OHV use, and livestock
                grazing can introduce nonnative, invasive plant species, which in turn
                can directly compete with and displace Tiehm's buckwheat within its
                habitat. With only one population (8 subpopulations), the risks to a
                small plant population like Tiehm's buckwheat include losses in
                reproductive individuals, declines in seed production and viability,
                loss of pollinators, loss of genetic diversity, and Allee effects
                (Willis 2017, pp. 74-77; Berec et al. 2007, entire; Eisto et al. 2000,
                pp. 1418-1420) which will impact a species that already has very
                limited redundancy and representation.
                Determination of Tiehm's Buckwheat 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 endangered species as a species
                ``in danger of extinction throughout all or a significant portion of
                its range,'' and threatened species as a species ``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 endangered species or
                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.
                Status Throughout All of Its Range
                 After evaluating threats to the species and assessing the
                cumulative effect of the threats under the section 4(a)(1) factors, we
                found that the population occurs in an extremely small area, has
                specialized habitat requirements, and has limited recruitment and
                dispersal. Our analysis revealed that the species is vulnerable to
                ongoing and future threats that affect both individual plants and their
                habitat.
                 We have carefully assessed the best scientific and commercial
                information available regarding the current and future threats to
                Tiehm's buckwheat. We considered the five factors identified in section
                4(a)(1) of the Act in determining whether Tiehm's buckwheat meets the
                definition of an endangered species (section 3(6)) or threatened
                species (section 3(20)). We find that Tiehm's buckwheat is in danger of
                extinction due to the present or threatened destruction, modification,
                or curtailment of its habitat or range including habitat loss and
                degradation due to mineral exploration and development, road
                development and OHV use, livestock grazing, and nonnative, invasive
                plant species (all Factor A threats); herbivory (Factor C); and climate
                change (Factor E). Of these, we consider mineral exploration and
                development and herbivory to be the greatest threats to Tiehm's
                buckwheat. The existing regulatory mechanisms (Factor D) are inadequate
                to protect the species from these threats. We did not identify threats
                to the continued existence of Tiehm's buckwheat due to overutilization
                for commercial, recreational, scientific, or educational purposes
                (Factor B).
                 In 2020, a detrimental herbivory event caused greater than 50
                percent damage or loss of individual Tiehm's buckwheat plants across
                all subpopulations. Cumulative impacts from the herbivory and the
                proposed Rhyolite Ridge lithium-boron project (if permitted by BLM)
                would reduce the total Tiehm's buckwheat population by 70 to 88
                percent, or from 43,921 individuals to roughly 5,289-8,696 individuals
                as we do not know yet if damaged plants will be able to recover and
                survive or if translocating plants is feasible. Road development and
                vehicle traffic associated with the proposed mine as well as livestock
                grazing may further affect the overall health and physiological
                processes of individual Tiehm's buckwheat plants and create conditions
                that further favor the establishment of nonnative, invasive species
                within the species' habitat. Increased temperatures and alteration of
                precipitation patterns due to climate change may impact plant
                transpiration and soil water recharge needed by Tiehm's buckwheat, as
                well as bolstering local rodent populations. High rodent abundance
                combined with high temperatures and drought may have contributed to the
                herbivore impacts in 2020.
                 We find that Tiehm's buckwheat is in danger of extinction
                throughout all of its range due to the severity and immediacy of
                threats currently impacting the species now and those which are likely
                to occur in the near term. We find that a threatened species status is
                not appropriate because the threats are severe and imminent, and
                Tiehm's buckwheat is in danger of extinction now, as opposed to likely
                to become endangered in the future. Therefore, on the basis of the best
                available scientific and commercial information, we propose listing
                Tiehm's buckwheat as an endangered species in accordance with sections
                3(6), 3(20), and 4(a)(1) of the Act.
                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
                in the foreseeable future throughout all or a significant portion of
                its range. We have determined that the Tiehm's buckwheat is in danger
                of extinction throughout all of its range and accordingly did not
                undertake an analysis of any significant portion of its range. Because
                the Tiehm's buckwheat warrants listing as endangered throughout all of
                its range, our determination is consistent with the decision in Center
                for Biological Diversity v. Everson, 2020 WL 437289 (D.D.C. Jan. 28,
                2020), in which the court vacated the aspect 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) that provided the
                Service does not
                [[Page 55786]]
                undertake an analysis of significant portions of a species' range if
                the species warrants listing as threatened throughout all of its range.
                Determination of Status
                 Our review of the best available scientific and commercial
                information indicates that the Tiehm's buckwheat meets the Act's
                definition of an endangered species. Therefore, we propose to list the
                Tiehm's buckwheat as an endangered species in accordance with sections
                3(6), and 4(a)(1) of the Act.
                Available Conservation Measures
                 Conservation measures provided to species listed as endangered or
                threatened species under the Act include recognition, recovery actions,
                requirements for Federal protection, and prohibitions against certain
                practices. Recognition through listing results in public awareness and
                conservation by Federal, State, Tribal, and local agencies, private
                organizations, and individuals. The Act encourages cooperation with the
                States and other countries and calls for recovery actions to be carried
                out for listed species. The protection required by Federal agencies and
                the prohibitions against certain activities are discussed, in part,
                below.
                 The primary purpose of the Act is the conservation of endangered
                and threatened species and the ecosystems upon which they depend. The
                ultimate goal of such conservation efforts is the recovery of these
                listed species, so that they no longer need the protective measures of
                the Act. Section 4(f) of the Act calls for the Service to develop and
                implement recovery plans for the conservation of endangered and
                threatened species. The recovery planning process involves the
                identification of actions that are necessary to halt or reverse the
                species' decline by addressing the threats to its survival and
                recovery. The goal of this process is to restore listed species to a
                point where they are secure, self-sustaining, and functioning
                components of their ecosystems.
                 Recovery planning consists of preparing draft and final recovery
                plans, beginning with the development of a recovery outline and making
                it available to the public within 30 days of a final listing
                determination. The recovery outline guides the immediate implementation
                of urgent recovery actions and describes the process to be used to
                develop a recovery plan. Revisions of the plan may be done to address
                continuing or new threats to the species, as new substantive
                information becomes available. The recovery plan also identifies
                recovery criteria for review of when a species may be ready for
                reclassification from endangered to threatened (``downlisting'') or
                removal from protected status (``delisting''), and methods for
                monitoring recovery progress. Recovery plans also establish a framework
                for agencies to coordinate their recovery efforts and provide estimates
                of the cost of implementing recovery tasks. Recovery teams (composed of
                species experts, Federal and State agencies, nongovernmental
                organizations, and stakeholders) are often established to develop
                recovery plans. When completed, the recovery outline, draft recovery
                plan, and the final recovery plan will be available on our website
                (https://www.fws.gov/endangered), or from our Reno Ecological Services
                Field Office (see FOR FURTHER INFORMATION CONTACT).
                 Implementation of recovery actions generally requires the
                participation of a broad range of partners, including other Federal
                agencies, States, Tribes, nongovernmental organizations, businesses,
                and private landowners. Examples of recovery actions include habitat
                restoration (e.g., restoration of native vegetation), research, captive
                propagation and reintroduction, and outreach and education.
                 If this species is listed, funding for recovery actions will be
                available from a variety of sources, including Federal budgets, State
                programs, and cost-share grants for non-Federal landowners, the
                academic community, and nongovernmental organizations. In addition,
                pursuant to section 6 of the Act, the State of Nevada could be eligible
                for Federal funds to implement management actions that promote the
                protection or recovery of the Tiehm's buckwheat. Information on our
                grant programs that are available to aid species recovery can be found
                at: https://www.fws.gov/grants.
                 Although the Tiehm's buckwheat is only proposed for listing under
                the Act at this time, please let us know if you are interested in
                participating in recovery efforts for this species. Additionally, we
                invite you to submit any new information on this species whenever it
                becomes available and any information you may have for recovery
                planning purposes (see FOR FURTHER INFORMATION CONTACT).
                 Section 7(a) of the Act requires Federal agencies to evaluate their
                actions with respect to any species that is proposed or listed as an
                endangered or threatened species and with respect to its critical
                habitat, if any is designated. Regulations implementing this
                interagency cooperation provision of the Act are codified at 50 CFR
                part 402. Section 7(a)(4) of the Act requires Federal agencies to
                confer with the Service on any action that is likely to jeopardize the
                continued existence of a species proposed for listing or result in
                destruction or adverse modification of proposed critical habitat. If a
                species is listed subsequently, section 7(a)(2) of the Act requires
                Federal agencies to ensure that activities they authorize, fund, or
                carry out are not likely to jeopardize the continued existence of the
                species or destroy or adversely modify its critical habitat. If a
                Federal action may affect a listed species or its critical habitat, the
                responsible Federal agency must enter into consultation with the
                Service.
                 Federal agency actions within the species' habitat that may require
                conference or consultation or both as described in the preceding
                paragraph include management and any other landscape-altering
                activities on Federal lands administered by BLM or other Federal
                agencies (or permitted or funded by a Federal agency).
                 The Act and its implementing regulations set forth a series of
                general prohibitions and exceptions that apply to endangered plants.
                The prohibitions of section 9(a)(2) of the Act, codified at 50 CFR
                17.61, make it illegal for any person subject to the jurisdiction of
                the United States to: Import or export; remove and reduce to possession
                from areas under Federal jurisdiction; maliciously damage or destroy on
                any such area; remove, cut, dig up, or damage or destroy on any other
                area in knowing violation of any law or regulation of any State or in
                the course of any violation of a State criminal trespass law; deliver,
                receive, carry, transport, or ship in interstate or foreign commerce,
                by any means whatsoever and in the course of a commercial activity; or
                sell or offer for sale in interstate or foreign commerce an endangered
                plant. Certain exceptions apply to employees of the Service, the
                National Marine Fisheries Service, other Federal land management
                agencies, and State conservation agencies.
                 We may issue permits to carry out otherwise prohibited activities
                involving endangered plants under certain circumstances. Regulations
                governing permits are codified at 50 CFR 17.62. With regard to
                endangered plants, a permit may be issued for scientific purposes or
                for enhancing the propagation or survival of the species. The statute
                also contains certain exemptions from the prohibitions, which are found
                in sections 9 and 10 of the Act.
                 It is our policy, as published in the Federal Register on July 1,
                1994 (59 FR
                [[Page 55787]]
                34272), to identify to the maximum extent practicable at the time a
                species is listed, those activities that would or would not constitute
                a violation of section 9 of the Act. The intent of this policy is to
                increase public awareness of the effect of a proposed listing on
                proposed and ongoing activities within the range of the species
                proposed for listing. Based on the best available information, the
                following actions are unlikely to result in a violation of section 9,
                if these activities are carried out in accordance with existing
                regulations and permit requirements; this list is not comprehensive:
                 (1) OHV or other vehicle use on existing roads and trails in
                compliance with the BLM Tonopah Field Office's resource management
                plan.
                 (2) Recreational use with minimal ground disturbance (e.g., hiking,
                walking).
                 Based on the best available information, the following activities
                may potentially result in a violation of section 9 of the Act if they
                are not authorized in accordance with applicable law; this list is not
                comprehensive:
                 (1) Unauthorized handling, removing, trampling, or collecting of
                the Tiehm's buckwheat on Federal land; and
                 (2) Removing, cutting, digging up, or damaging or destroying the
                Tiehm's buckwheat in knowing violation of any law or regulation of the
                State of Nevada or in the course of any violation of a State criminal
                trespass law.
                 Questions regarding whether specific activities would constitute a
                violation of section 9 of the Act should be directed to the Reno
                Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
                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 that are:
                 (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'' as follows: ``For the
                purposes of designating critical habitat only, habitat is 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'' 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). In identifying those
                physical or biological features that occur in specific occupied areas,
                we focus on the specific features that are essential to support the
                life-history needs of the species, including, but not limited to, water
                characteristics, soil type, geological features, prey, vegetation,
                symbiotic species, or other features. A feature may be a single habitat
                characteristic or a more complex combination of habitat
                characteristics. Features may include habitat characteristics that
                support ephemeral or dynamic habitat conditions. Features may also be
                expressed in terms relating to principles of conservation biology, such
                as patch size, distribution distances, and connectivity.
                 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
                consider unoccupied areas to be essential only 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.
                [[Page 55788]]
                 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'' indicates (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.
                Critical Habitat 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 earlier, there is currently no threat of collection or
                vandalism identified for this species under Factor B, and
                identification and mapping of critical habitat is not expected to
                initiate any such threat. In our SSA report and proposed listing
                determination for the Tiehm's buckwheat, we determined that the present
                or threatened destruction, modification, or curtailment of habitat or
                range is a threat to Tiehm's buckwheat 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
                Tiehm's buckwheat.
                Critical Habitat Determinability
                 Having determined that designation is prudent, under section
                4(a)(3) of the Act we must find whether critical habitat for Tiehm's
                buckwheat is determinable. 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. A careful assessment of the economic impacts that may occur
                due to a critical habitat designation is still ongoing, and we are in
                the process of working with the States and other partners in acquiring
                the complex information needed to perform that assessment. Therefore,
                the information sufficient to perform a required analysis of the
                impacts of the designation is lacking. For this reason, we conclude
                that the designation of critical habitat for the Tiehm's buckwheat is
                not determinable at this time.
                 When critical habitat is not determinable, the Act allows the
                Service an additional year to publish a critical habitat designation
                (16 U.S.C. 1533(b)(6)(C)(ii)); however, as described further in
                Previous Federal Actions, we are subject to a District of Nevada court
                order to submit to the Federal Register a proposed critical habitat
                determination by January 31, 2022 (or May 2, 2022 if the determination
                is deemed a ``significant regulatory action'' by the Office of
                Management and Budget).
                Required Determinations
                Clarity of the Rule
                 We are required by Executive Orders 12866 and 12988 and by the
                [[Page 55789]]
                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 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), 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 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. At this time, we are not aware of
                Tribal lands occurring within the range of the Tiehm's buckwheat.
                References Cited
                 A complete list of references cited in this rulemaking is available
                on the internet at http://www.regulations.gov and upon request from the
                Reno Ecological Services Field Office (see FOR FURTHER INFORMATION
                CONTACT).
                Authors
                 The primary authors of this proposed rule are the staff members of
                the U.S. Fish and Wildlife Service's Species Assessment Team and the
                Reno Ecological Services Field Office.
                List of Subjects in 50 CFR Part 17
                 Endangered and threatened species, Exports, Imports, Reporting and
                recordkeeping requirements, Transportation.
                Proposed Regulation Promulgation
                 Accordingly, we propose to amend part 17, subchapter B of chapter
                I, title 50 of the Code of Federal Regulations, as set forth below:
                PART 17--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; and 4201-4245,
                unless otherwise noted.
                0
                2. Amend Sec. 17.12(h), the List of Endangered and Threatened Plants,
                by adding an entry for ``Eriogonum tiehmii (Tiehm's buckwheat)'' in
                alphabetical order under Flowering Plants to read as set forth below:
                Sec. 17.12 Endangered and threatened plants.
                * * * * *
                 (h) * * *
                ----------------------------------------------------------------------------------------------------------------
                 Listing citations and
                 Scientific name Common name Where listed Status applicable rules
                ----------------------------------------------------------------------------------------------------------------
                 Flowering Plants
                
                 * * * * * * *
                Eriogonum tiehmii............... Tiehm's buckwheat.. Wherever found..... E [Federal Register
                 citation when published
                 as a final rule]
                
                 * * * * * * *
                ----------------------------------------------------------------------------------------------------------------
                Martha Williams,
                Principal Deputy Director, Exercising the Delegated Authority of the
                Director, U.S. Fish and Wildlife Service.
                [FR Doc. 2021-21651 Filed 10-6-21; 8:45 am]
                BILLING CODE 4333-15-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT