[PCA] Proposed Designation of Critical Habitat for two butterflies and Erigeron decumbens var. decumbens (Willamette Daisy)
Patricia_DeAngelis at fws.gov
Patricia_DeAngelis at fws.gov
Thu Jun 22 14:18:40 CDT 2006
Comments accepted through: June 30, 2006. See questions, below.
For full notice, see: http://epa.gov/EPA-SPECIES/2006/June/Day-15/
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[Federal Register: June 15, 2006 (Volume 71, Number 115)]
[Proposed Rules]
[Page 34566-34570]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn06-16]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AT91
Endangered and Threatened Wildlife and Plants; Proposed
Designation of Critical Habitat for the Fender's Blue Butterfly
(Icaricia icarioides fenderi), Lupinus sulphureus ssp. kincaidii
(Kincaid's Lupine), and Erigeron decumbens var. decumbens (Willamette
Daisy)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period and notice of
availability of draft economic analysis.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reopening
of the public comment period on the proposal to designate critical
habitat for the Fender's blue butterfly (Icaricia icarioides fenderi,
Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron
decumbens var. decumbens (Willamette daisy) and the availability of the
draft economic analysis of the proposed designation of critical
habitat. The draft economic analysis has been completed and we are
publishing a notice of availability in the Federal Register and
requesting comments. The economic analysis for the prairie species
concluded that the potential future costs associated with conservation
activities for the species are estimated to range from $25.3 to $52.7
million over 20 years in undiscounted 2006 dollars. Costs are estimated
to range from $19.1 to $40.3 million over 20 years, or $1.3 to 2.7
million annually using a three percent discount rate. Costs are
estimated to range from $15.3 to $32.6 million over 20 years, or $1.4
to $3.1 annually using a seven percent discount rate. The
[[Page 34567]]
activities affected by species conservation efforts may include
development, management of public and conservancy lands
(``conservation''), transportation operations, and the Benton County
Habitat Conservation Plan (HCP). We are reopening the comment period to
allow all interested parties to comment simultaneously on the proposed
rule and the associated draft economic analysis. Comments previously
submitted need not be resubmitted as they will be incorporated into the
public record as part of this comment period, and will be fully
considered in preparation of the final rule.
DATES: We will accept public comments until June 30, 2006.
ADDRESSES: Written comments and materials may be submitted to us by any
one of the following methods:
(1) Mail: You may submit written comments and information to Kemper
McMaster, Field Supervisor, U.S. Fish and Wildlife Service, Oregon Fish
and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR
97266.
(2) Delivery: You may hand-deliver written comments to our Oregon
Fish and Wildlife Office, at the above address.
(3) Fax: You may fax your comments to 503/231-6195.
(4) E-mail: You may send comments by electronic mail (e-mail) to <A
HREF="mailto:
fw1willamettech at fws.gov">
fw1willamettech at fws.gov</A>. Please see the Public Comments Solicited
section below for file format and other information about electronic
filing.
(5) Federal eRulemaking portal: <A HREF="http://www.regulations.gov
">http://www.regulations.gov</A>. Follow
the instructions found there for submitting comments.
FOR FURTHER INFORMATION CONTACT: Kemper McMaster, Field Supervisor,
U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600
SE 98th Avenue, Suite 100, Portland, OR 97266 (telephone 503/231-6179;
facsimile 503/231-6195).
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We are soliciting comments on the original proposed critical
habitat designation that was published in the Federal Register on
November 2, 2005 (70 FR 66492) and on our draft economic analysis of
the proposed designation. Copies of the proposed rule to designate
critical habitat and the draft economic analysis are available on the
Internet at: <A HREF="
http://www.fws.gov/oregonfwo/Species/ESA-Actions/WillValleyPage.asp
">http://www.fws.gov/oregonfwo/Species/ESA-Actions/WillValleyPage.asp</A>
or from our Oregon Fish and Wildlife Office at the
address and contact numbers above. We are particularly interested in
comments concerning:
(1) The reasons any habitat should or should not be determined to
be critical habitat as provided by section 4 of the Endangered Species
Act of 1973, as amended (Act) (16 U.S.C. 1531 et al.), including
whether it is prudent to designate critical habitat.
(2) Specific information on the Fender's blue butterfly, Lupinus
sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens and
their habitat, and which habitat or habitat components (i.e., physical
and biological features) are essential to their conservation, such as
soil moisture gradient, microsite preferences, and light requirements;
(3) Specific information on: the amount and distribution of the
Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii, and
Erigeron decumbens var. decumbens habitat; what areas should be
included in the designations that were occupied at the time of listing
and contain the features that are essential to the conservation of the
species and why; what areas were not occupied at the time of listing
but are essential to the conservation of the species and why;
(4) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
we specifically solicit information including:
(a) The benefits provided by a management plan; specifically
describe how the plan addresses each primary constituent element (PCE)
in the absence of designated critical habitat; describe conservation
benefits to Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii,
or Erigeron decumbens var. decumbens; include citations that point to
the certainty of implementation of those aspects of the management
plans;
(b) The benefits of excluding from the critical habitat designation
the areas covered by the management plan; we are especially interested
in knowing how partnerships may be positively or negatively affected by
a designation, or through exclusion from critical habitat, and costs
associated with designation; and
(c) With specific reference to section 4(a)(3) of the Act, we
request information from the Department of Defense to assist the
Secretary of the Interior in making a determination as to whether any
proposed critical habitat overlaps with lands, administered by or under
the control of the Department of Defense, covered by an Integrated
Natural Resources Management Plan (INRMP) that benefits the
conservation of the species;
(5) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed designation and, in particular, any
impacts on small entities;
(6) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments;
(7) Whether the economic analysis adequately addresses the likely
effects and resulting costs arising from State laws as a result of the
proposed critical habitat designation;
(8) Whether the analysis adequately addresses the indirect effects;
(9) Whether the analysis accurately defines and captures
opportunity costs;
(10) Whether the economic analysis correctly assesses the effect on
regional costs (e.g., housing costs) associated with land use controls
that could arise from the designation of critical habitat for these
three species;
(11) Whether the designation of critical habitat will result in
disproportionate economic or other impacts to specific areas that
should be evaluated for possible exclusion from the final designation;
(12) Whether the economic analysis is consistent with the Service's
listing regulations because this analysis should identify all costs
related to the designation of critical habitat for these three species;
and,
(13) Whether the benefits of exclusion in any particular area
outweigh the benefits of inclusion under Section 4(b)(2) of the Act.
All previous comments and information submitted during the initial
comment period need not be resubmitted. Our final determination on the
proposed critical habitat will take into consideration all comments and
any additional information received. However, we will not consider
anonymous comments.
Please submit electronic comments in an ASCII file format and avoid
the use of special characters and encryption. Please also include ``RIN
1018-AT91'' and your name and return address in your e-mail message. If
you do not receive a confirmation from the system that we have received
your e-mail message, please contact us directly (see ADDRESSES
section). Please note that the Internet address <A HREF="
mailto:fw1willamettech at fws.gov">fw1willamettech at fws.gov</A>
will be unavailable at the termination of the public comment period.
Our practice is to make comments, including names and home
addresses of respondents, available for public review
[[Page 34568]]
during regular business hours. We will not consider anonymous comments
and we will make all comments available for public inspection in their
entirety. Comments and materials received will be available for public
inspection, by appointment, during normal business hours in the U.S.
Fish and Wildlife Service Office at the above address.
Background
On November 2, 2005, we published a proposed rule in the Federal
Register (70 FR 66492) to designate approximately 3,089 acres (1,250
hectares (ha)) as critical habitat for Fender's blue butterfly, 724
acres (293 ha) as critical habitat for Lupinus sulphureus ssp.
kincaidii, and 718 acres (291 ha) as critical habitat for Erigeron
decumbens var. decumbens. The proposed critical habitat is located in
Polk, Benton, Yamhill, Lane, Marion, Linn, and Douglas Counties,
Oregon, and Lewis County, Washington. The original comment period on
the proposed critical habitat rule closed on January 3, 2006. On April
21, 2006, we published a notice in the Federal Register (71 FR 20636)
to reopen the comment period and provide notice of a public hearing;
the comment period closed on May 19, 2006.
Critical habitat is defined in section 3 of the Act as the specific
areas within the geographic area occupied by a species, at the time it
is listed in accordance with the Act, on which are found those physical
or biological features essential to the conservation of the species and
that may require special management considerations or protection; and
specific areas outside the geographic area occupied by a species at the
time it is listed, upon a determination that such areas are essential
for the conservation of the species. If the proposed rule is made
final, section 7 of the Act will prohibit destruction or adverse
modification of critical habitat by any activity funded, authorized, or
carried out by any Federal agency. Federal agencies proposing actions
affecting areas designated as critical habitat must consult with us on
the effects of their proposed actions, pursuant to section 7(a)(2) of
the Act.
Section 4(b)(2) of the Act requires that we designate or revise
critical habitat based upon the best scientific and commercial data
available, after taking into consideration the economic or any other
relevant impact of specifying any particular area as critical habitat.
Based upon the previously published proposal to designate critical
habitat for the Fender's blue butterfly, Lupinus sulphureus ssp.
kincaidii, and Erigeron decumbens var. decumbens, we have prepared a
draft economic analysis of the proposed critical habitat designation.
The draft economic analysis addresses the impacts of conservation
efforts for these three species on activities occurring on lands
proposed for designation as well as those proposed for exclusion. The
analysis measures lost economic efficiency associated with land
development activities, transportation operations, conservation-
oriented land management on public and private lands, development of
the Benton County Habitat Conservation Plan, and administrative costs
related to the section 7 consultation process.
The draft economic analysis considers the potential economic
effects of actions relating to the conservation of the Fender's blue
butterfly, Lupinus sulphureus ssp. kincaidii, and Erigeron decumbens
var. decumbens, including costs associated with sections 4, 7, and 10
of the Act, and including those attributable to designating critical
habitat. It further considers the economic effects of protective
measures taken as a result of other Federal, State, and local laws that
aid habitat conservation for the Fender's blue butterfly, Lupinus
sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens in
essential habitat areas. The analysis considers both economic
efficiency and distributional effects. In the case of habitat
conservation, efficiency effects generally reflect the ``opportunity
costs'' associated with the commitment of resources to comply with
habitat protection measures (e.g., lost economic opportunities
associated with restrictions on land use). The study also analyzes
whether a particular group or economic sector bears an undue proportion
of the impacts, with specific analysis of the impacts to small entities
and potential impacts on energy availability. Finally, this analysis
estimates economic impacts to activities from 2000 (the year of the
final listing for the species) to 2026 (20 years from the year of final
designation of critical habitat). Forecasts of economic conditions and
other factors beyond the next 20 years would be speculative.
We solicit data and comments from the public on the draft economic
analysis, as well as on all aspects of the proposal to designate
critical habitat. We may revise the proposal, or its supporting
documents, to incorporate or address new information received during
the comment period. In particular, we may exclude an area from critical
habitat if we determine that the benefits of excluding the area
outweigh the benefits of including the area as critical habitat,
provided such exclusion will not result in the extinction of the
species.
Costs related to conservation activities for the proposed
designation of critical habitat for Fender's blue butterfly, Lupinus
sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens
pursuant to sections 4, 7, and 10 of the Act are estimated to be
approximately $25.3 to $52.7 million over 20 years in undiscounted 2006
dollars. Costs are estimated to range from $19.1 to $40.3 million over
20 years, or $1.3 to 2.7 million annually using a three percent
discount rate. Cost estimates using a seven percent discount rate range
from $15.3 to $32.6 million over 20 years, or $1.4 to $3.1 annually.
Required Determinations--Amended
Regulatory Planning and Review
In accordance with Executive Order 12866, this document is a
significant rule because it may raise novel legal and policy issues. On
the basis of our draft economic analysis, the designation of critical
habitat for these species is not anticipated to have an annual effect
on the economy of $100 million or more or affect the economy in a
material way. Due to the timeline for publication in the Federal
Register, the Office of Management and Budget (OMB) has not formally
reviewed the proposed rule.
Further, Executive Order 12866 directs Federal Agencies
promulgating regulations to evaluate regulatory alternatives (Office of
Management and Budget, Circular A-4, September 17, 2003). Pursuant to
Circular A-4, once it has been determined that the Federal regulatory
action is appropriate, the agency will then need to consider
alternative regulatory approaches. Since the determination of critical
habitat is a statutory requirement pursuant to the Endangered Species
Act of 1973, as amended, we must then evaluate alternative regulatory
approaches, where feasible, when promulgating a designation of critical
habitat.
In developing our designations of critical habitat, we consider
economic impacts, impacts to national security, and other relevant
impacts pursuant to section 4(b)(2) of the Act. Based on the discretion
allowable under this provision, we may exclude any particular area from
the designation of critical habitat providing that the benefits of such
exclusion outweigh the benefits of specifying the area as critical
habitat and that such exclusion would not result in the extinction of
the species. As such, we believe that the evaluation of the inclusion
or exclusion of particular areas, or combination
[[Page 34569]]
thereof, in a designation constitutes our regulatory alternative
analysis.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. In our proposed rule,
we withheld our determination of whether this designation would result
in a significant effect as defined under SBREFA until we completed our
draft economic analysis of the proposed designation so that we would
have the factual basis for our determination.
According to the Small Business Administration (SBA), small
entities include small organizations, such as independent nonprofit
organizations, and small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents, as well as small businesses (13 CFR 121.201). Small
businesses include manufacturing and mining concerns with fewer than
500 employees, wholesale trade entities with fewer than 100 employees,
retail and service businesses with less than $5 million in annual
sales, general and heavy construction businesses with less than $27.5
million in annual business, special trade contractors doing less than
$11.5 million in annual business, and agricultural businesses with
annual sales less than $750,000. To determine if potential economic
impacts to these small entities are significant, we considered the
types of activities that might trigger regulatory impacts under this
designation as well as types of project modifications that may result.
In general, the term significant economic impact is meant to apply to a
typical small business firm's business operations.
To determine if this proposed designation of critical habitat for
Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii, and
Erigeron decumbens var. decumbens would affect a substantial number of
small entities, we considered the number of small entities affected
within particular types of economic activities (e.g., residential and
commercial development, forestry, and agriculture). We considered each
industry or category individually to determine if certification is
appropriate. In estimating the numbers of small entities potentially
affected, we also considered whether their activities have any Federal
involvement; some kinds of activities are unlikely to have any Federal
involvement and so will not be affected by the designation of critical
habitat. Designation of critical habitat only affects activities
conducted, funded, permitted or authorized by Federal agencies; non-
Federal activities are not affected by the designation.
If this proposed critical habitat designation is made final,
Federal agencies must consult with us if their activities may affect
designated critical habitat. Consultations to avoid the destruction or
adverse modification of critical habitat would be incorporated into the
existing consultation process.
In our economic analysis of this proposed designation, we evaluated
the potential economic effects on small business entities resulting
from conservation actions related to the listing of these three species
and proposed designation of critical habitat. We determined from our
analysis that the small business entities that may be affected are
agriculture and forestry. Approximately 85 percent (i.e., 1,794 acres
(726 ha)) of the estimated 2,120 acres (858 ha) of privately owned land
within the proposed critical habitat designation is classified as
agricultural land. The remaining 327 acres (132 ha) is classified as
various types of forest land, most of which is white oak forest, which
has no commercial value.
On the basis of our analysis of Fender's blue butterfly, Lupinus
sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens
conservation measures, we determined that approximately 195 small
agriculture operations could be impacted by conservation measures for
these three species. These agriculture operations represent
approximately 1.2 percent of the number of small farms and ranches
operating within the eight counties that encompass the proposed
critical habitat designation. The percent of small agriculture
operations impacted ranges from a low of approximately 0.1 percent in
Marion and Lewis counties to a high of 4.6 percent in Benton County.
The conservation measures for the three species are not expected to
impact the profitability of these small agriculture operations, as the
existing agricultural use of the privately owned lands that encompass
the proposed critical habitat designation is not likely to be impacted.
Based on the past and existing land use, it appears the
agricultural value of these lands is as grassland/pasture, and
livestock grazing, if not intensive, would not further degrade or
destroy the prairie habitat. While farm profits are not expected to be
affected by species conservation, impacted small agriculture businesses
are expected to lose between $383 (Douglas County) and $118,785
(Yamhill County) in land value per farm due to species conservation.
Considering that the average market value of a farm's assets (i.e.,
land, buildings, machinery, and equipment) in the affected counties
ranges from approximately $375,000 (Lewis County) to $650,000 (Marion,
Polk, Yamhill, and Linn counties), the economic impacts of species
conservation to the small agriculture operator is expected to range
from as little as 0.1 percent (Douglas and Linn counties) of the value
of an operator's farm assets to as much as 18.2 percent (Yamhill
County) of an operator's farm assets. The 16 small agriculture
operators in Yamhill County are expected to bear the greatest impacts
(1.5 to 18.2 percent of the value of farm assets) followed by the 28
operators in Polk County (1.0 to 17.1 percent of the value of farm
assets), the 41 operators in Benton County (2.0 to 13.4 percent of the
value of farm assets), the 87 operators in Lane County (1.2 to 6.8
percent of the value of farm assets), and then the 3 operators in
Marion County (0.4 to 5.8 percent of the value of farm assets). Impacts
to the remaining 20 small agriculture operators in Douglas, Linn, and
Lewis counties are estimated at less than approximately 2 percent of
the value of an operator's farm assets.
The economic effects to forestry operations of this proposed
critical habitat designation are expected to be small. Although there
are about 494 forestry and logging businesses that operate in the eight
counties that encompass the proposed critical habitat designation, only
one company has lands that fall within a proposed critical habitat
unit. The estimated economic impact of species conservation activities
to Starker Forests, Inc., a family-owned business that owns, grows, and
manages about 60,000 acres of forest land in Benton, Lincoln, Lane, and
Polk counties, Oregon, is about $1,000 to $3,000 annually.
Based on these data, we have determined that this proposed
designation would not result in a significant economic impact on a
substantial number of small entities, in particular to agricultural and
forestry
[[Page 34570]]
interests. Please refer to Appendix A of our draft economic analysis of
this designation for a more detailed discussion of potential economic
impacts to small business entities.
Executive Order 13211
On May 18, 2001, the President issued Executive Order (E.O.) 13211
on regulations that significantly affect energy supply, distribution,
and use. E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. This proposed rule is
considered a significant regulatory action under E.O. 12866 because it
raises novel legal and policy issues, but it is not expected to
significantly affect energy supplies, distribution, or use. Therefore,
this action is not a significant action and no Statement of Energy
Effects is required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C.
1501), the Service makes the following findings:
(a) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or tribal
governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments,'' with
two exceptions. It excludes ``a condition of federal assistance.'' It
also excludes ``a duty arising from participation in a voluntary
Federal program,'' unless the regulation ``relates to a then-existing
Federal program under which $500,000,000 or more is provided annually
to State, local, and tribal governments under entitlement authority,''
if the provision would ``increase the stringency of conditions of
assistance'' or ``place caps upon, or otherwise decrease, the Federal
Government's responsibility to provide funding'' and the State, local,
or tribal governments ``lack authority'' to adjust accordingly. (At the
time of enactment, these entitlement programs were: Medicaid; Aid to
Families with Dependent Children work programs; Child Nutrition; Food
Stamps; Social Services Block Grants; Vocational Rehabilitation State
Grants; Foster Care, Adoption Assistance, and Independent Living;
Family Support Welfare Services; and Child Support Enforcement.)
``Federal private sector mandate'' includes a regulation that ``would
impose an enforceable duty upon the private sector, except (i) a
condition of Federal assistance; or (ii) a duty arising from
participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. Non-Federal entities that receive Federal
funding, assistance, permits, or otherwise require approval or
authorization from a Federal agency for an action, may be indirectly
impacted by the designation of critical habitat. However, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply; nor would
critical habitat shift the costs of the large entitlement programs
listed above on to State governments.
(b) The boundaries of five city governments encompass the proposed
critical habitat designation: Eugene (estimated population in 2005 of
146,160), Corvallis (estimated population in 2005 of 53,165), Dallas
(estimated population in 2005 of 14,040), Philomath (estimated
population in 2005 of 4,400), and Sheridan (estimated population in
2005 of 5,740). Eugene and Corvallis exceed the criteria (service
population of 50,000 or less) for small entity. Of the three small
governments, Dallas is the only small government entity potentially
impacted by Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii,
and Erigeron decumbens var. decumbens conservation activities. In
fiscal year 2005-06, the City's annual budget is approximately $36
million. The analysis estimates that potential future Fender's blue
butterfly and Lupinus sulphureus ssp. kincaidii conservation activities
(related to a planned collector street and the one-time application
costs and annual deferred maintenance and personnel training costs
associated with a Section 10(a)(1)(A) Recovery Permit) may cost the
City between $28,000 (low range assuming a seven percent discount rate)
and $197,000 (high range assuming a three percent discount rate) on an
annualized basis. These costs represent approximately 0.08 percent to
0.5 percent of the City's annual expenditures.
Further, there is no record of consultation between the Service and
any of these governments since the three species were listed in 2000.
It is likely that small governments involved with developments and
infrastructure projects will be interested parties or involved with
projects involving section 7 consultations for Fender's blue butterfly,
Lupinus sulphureus ssp. kincaidii, and Erigeron decumbens var.
decumbens within their jurisdictional areas. Any costs associated with
this activity are likely to represent a small portion of a city's
budget. Consequently, we do not believe that the designation of
critical habitat for Fender's blue butterfly, Lupinus sulphureus ssp.
kincaidii, and Erigeron decumbens var. decumbens will significantly or
uniquely affect these small governmental entities. As such, a Small
Government Agency Plan is not required.
Takings
In accordance with Executive Order 12630 (``Government Actions and
Interference with Constitutionally Protected Private Property
Rights''), we have analyzed the potential takings implications of
proposing critical habitat for Fender's blue butterfly, Lupinus
sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens.
Critical habitat designation does not affect landowner actions that do
not require Federal funding or permits, nor does it preclude
development of habitat conservation programs or issuance of incidental
take permits to permit actions that do require Federal funding or
permits to go forward. In conclusion, the designation of critical
habitat for Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii,
and Erigeron decumbens var. decumbens does not pose significant takings
implications.
Author
The primary author of this package is Mikki Collins, Oregon Fish
and Wildlife Office, U.S. Fish and Wildlife Service.
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: June 6, 2006.
David P. Smith,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E6-9323 Filed 6-14-06; 8:45 am]
BILLING CODE 4310-55-P
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