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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Proposed Rules critical habitat are presented on maps, and the proposed rule provides several options for the interested public to obtain more detailed location information, if desired.
Paperwork Reduction Act of 1995 44
U.S.C. 3501 et seq.
This rule does not contain information collection requirements, and a submission to the Office of Management and Budget OMB under the Paperwork Reduction Act of 1995
44 U.S.C. 3501 et seq. is not required.
We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number.
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 NEPA; 42 U.S.C. 4321 et seq. in connection with designating critical habitat under 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 Presidents memorandum of April 29, 1994
Government-to-Government Relations Common name
with Native American Tribal Governments; 59 FR 22951, Executive Order 13175 Consultation and Coordination with Indian Tribal Governments, and the Department of the Interiors manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. In accordance with Secretarial Order 3206
of June 5, 1997 American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act, we readily acknowledge our responsibilities to work directly with Tribes in developing programs for healthy ecosystems, to acknowledge that Tribal lands are not subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to Tribes.
We have determined that no Tribal lands fall within the boundaries of the proposed critical habitat for the pearl darter, so no Tribal lands would be affected by the proposed designation.
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 Mississippi Ecological Services Field Office see FOR
FURTHER INFORMATION CONTACT.
Authors The primary authors of this proposed rule are the staff members of the Mississippi Ecological Services Field Office.

Scientific name

Where listed

Signing Authority The Director, U.S. Fish and Wildlife Service, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the U.S. Fish and Wildlife Service.
Martha Williams, Principal Deputy Director Exercising the Delegated Authority of the Director, U.S. Fish and Wildlife Service, approved this document on June 29, 2021, for publication.
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 17ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:

Authority: 16 U.S.C. 13611407; 1531
1544; and 42014245, unless otherwise noted.

2. Amend 17.11h by revising the entry for Darter, pearl under FISHES in the List of Endangered and Threatened Wildlife to read as follows:

17.11 Endangered and threatened wildlife.

h

Status

Listing citations and applicable rules

FISHES

Darter, pearl

Percina aurora Wherever found

3. Amend 17.95e by adding an entry for Pearl Darter Percina aurora following the entry for Niangua Darter Etheostoma nianguae to read as set forth below:

jbell on DSKJLSW7X2PROD with PROPOSALS

17.95

Critical habitatfish and wildlife.

e Fishes.

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Pearl Darter Percina aurora 1 Critical habitat units are depicted for Clarke, Covington, Forrest, George, Greene, Jackson, Jones, Lauderdale, Newton, Perry, Simpson, Stone, and Wayne Counties, Mississippi, on the maps in this entry.
2 Within these areas, the physical or biological features essential to the conservation of the pearl darter consist of the following components:

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82 FR 43885, 9/20/2017; 50 CFR 17.95e.CH

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i Unobstructed and stable stream and river channels with:
A Connected sequences of channel runs and bends associated with pools and scour holes, and B Bottom substrates consisting of fine and coarse sand, gravel, bedrock, silt, clay, organic matter, or woody debris.
ii A natural flow regime necessary to maintain instream habitats and their connectivity.

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