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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
conservation measures provided by the Act, particularly through sections 7 and 9, will no longer apply to Cumberland sandwort. Federal agencies will no longer be required to consult with us under section 7 of the Act in the event that activities they authorize, fund, or carry out may affect Cumberland sandwort. There is no critical habitat designated for Cumberland sandwort;
therefore, this rule does not affect 50
CFR 17.96.
This rule will not affect Cumberland sandworts status as an endangered or threatened species under State laws or suspend any other legal protections provided by those laws. States may have more restrictive laws protecting wildlife and plants, and these will not be affected by this Federal action.
However, this final rule may prompt either Kentucky or Tennessee to remove protection for Cumberland sandwort under their endangered species laws, although we are not aware of any such intention at this time.

4g and, therefore, must remain actively engaged in all phases of PDM. We also seek active participation of other entities that are expected to assume responsibilities for the species conservation after delisting.
We prepared a PDM plan for Cumberland sandwort Service 2020.
The plan describes:
1 The Cumberland sandworts condition at the time of delisting;
2 Thresholds or triggers for potential monitoring outcomes and conclusions;
3 Frequency and duration of monitoring;
4 Monitoring methods, including sampling considerations;
5 Data compilation and reporting procedures and responsibilities; and 6 A proposed PDM implementation schedule, including timing and responsible parties.
It is our intent to work with our partners to maintain the recovered status of the Cumberland sandwort.

Post-Delisting Monitoring Section 4g1 of the Act requires us, in cooperation with the States, to implement a monitoring program for not less than 5 years for all species that have been delisted due to recovery. Postdelisting monitoring PDM refers to activities undertaken to verify that a species delisted due to recovery remains secure from the risk of extinction after the protections of the Act no longer apply. The primary goal of PDM is to monitor the species to ensure that its status does not deteriorate, and if a decline is detected, to take measures to halt the decline so that proposing it as endangered or threatened is not again needed. If at any time during the monitoring period, data indicate that protective status under the Act should be reinstated, we can initiate listing procedures, including, if appropriate, emergency listing. At the conclusion of the monitoring period, we will review all available information to determine if re-listing, the continuation of monitoring, or the termination of monitoring is appropriate.
Section 4g of the Act explicitly requires that we cooperate with the States in development and implementation of PDM programs.
However, we remain ultimately responsible for compliance with section
National Environmental Policy Act We have determined that we do not need to prepare an environmental assessment or environmental impact statement, as defined in the National Environmental Policy Act 42 U.S.C
4321 et seq., in connection with regulations adopted pursuant to section 4a of the Endangered Species Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 48 FR
49244.

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Required Determinations
Government-to-Government Relationship With Tribes In accordance with the Presidents 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 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
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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 Tribes will be affected by this rule because no Tribal lands, sacred sites, or resources will be affected by the removal of Cumberland sandwort from the List of Endangered and Threatened Plants.
References Cited A complete list of references cited is available at http www.regulations.gov under Docket Number FWSR4ES
20190080, or upon request from the Tennessee Ecological Services Field Office see FOR FURTHER INFORMATION
CONTACT.
Author The primary authors of this rule are the staff members of the Tennessee Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Regulation Promulgation Accordingly, we 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; 42014245, unless otherwise noted.
17.12

Amended
2. Amend 17.12 in paragraph h by removing the entry for Arenaria cumberlandensis under FLOWERING
PLANTS from the List of Endangered and Threatened Plants.

Martha Williams, Principal Deputy Director, Exercising the Delegated Authority of the Director, U.S. Fish and Wildlife Service.
FR Doc. 202117468 Filed 81321; 8:45 am BILLING CODE 433315P

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