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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Proposed Rules
This screening analysis combined with the information contained in our IEM
are what we consider our draft economic analysis DEA of the proposed critical habitat designation for the South Llano Springs moss; our DEA
is summarized in the narrative below.
Executive Orders E.O.s 12866 and 13563 direct Federal agencies to assess the costs and benefits of available regulatory alternatives in quantitative to the extent feasible and qualitative terms. Consistent with the E.O.
regulatory analysis requirements, our effects analysis under the Act may take into consideration impacts to both directly and indirectly affected entities, where practicable and reasonable. If sufficient data are available, we assess to the extent practicable the probable impacts to both directly and indirectly affected entities. As part of our screening analysis, we considered the types of economic activities that are likely to occur within the areas likely affected by the critical habitat designation. In our evaluation of the probable incremental economic impacts that may result from the proposed designation of critical habitat for the South Llano Springs moss, first we identified, in the IEM dated January 7, 2020, probable incremental economic impacts associated with the following categories of activities: 1 Discharge permits Environmental Protection Agency and U.S. Army Corps of Engineers; 2 stream dams and diversions, and dredge and fill of waterways Environmental Protection Agency and U.S. Army Corps of Engineers; 3 transportation U.S.
Department of Transporation, Federal Highway Administration, and Federal Railroad Administration; and 4
conservation and habitat management U.S. Fish and Wildlfie Service. We considered each industry or category individually. Additionally, we considered whether their activities have any Federal involvement. Critical habitat designation generally will not affect activities that do not have any Federal involvement; under the Act, designation of critical habitat only affects activities conducted, funded, permitted, or authorized by Federal agencies. If we list this species, in areas where the South Llano Springs moss is present, Federal agencies would be required to consult with the Service under section 7 of the Act on activities they fund, permit, or implement that may affect the species. If, when we list this species, we also finalize this proposed critical habitat designation, consultations to avoid the destruction or adverse modification of critical habitat
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would be incorporated into the existing consultation process.
In our IEM, we attempted to clarify the distinction between the effects that will result from the species being listed and those attributable to the critical habitat designation i.e., difference between the jeopardy and adverse modification standards for the South Llano Springs moss critical habitat.
Because the designation of critical habitat for the South Llano Springs moss is proposed concurrently with the listing, it has been our experience that it is more difficult to discern which conservation efforts are attributable to the species being listed and those which will result solely from the designation of critical habitat. However, the following specific circumstances in this case help to inform our evaluation: 1 The essential physical or biological features identified for critical habitat are the same features essential for the life requisites of the species, and 2 any actions that would result in sufficient harm or harassment to constitute jeopardy to the South Llano Springs moss would also likely adversely affect the essential physical or biological features of critical habitat. The IEM
outlines our rationale concerning this limited distinction between baseline conservation efforts and incremental impacts of the designation of critical habitat for this species. This evaluation of the incremental effects has been used as the basis to evaluate the probable incremental economic impacts of this proposed designation of critical habitat.
The proposed critical habitat designation for the South Llano Springs moss includes one unit of occupied critical habitat, totaling 0.19 ha 0.48
ac, on private land. Because this area is occupied, any actions that may affect the species or its habitat would also affect designated critical habitat. As such, all activities with a Federal nexus occurring within the proposed critical habitat would be subject to section 7
consultation requirements regardless of critical habitat designation due to the presence of the listed species. Project modifications requested to avoid adverse modification are also likely to be the same as those needed to avoid jeopardy to the South Llano Springs moss. Therefore, only administrative costs are expected when considering adverse modification in section 7
consultations due to the proposed critical habitat designation. While this additional analysis would require time and resources by both the Federal action agency and the Service, we believe that these costs would be administrative in nature and would not be significant.
Based upon past consultations in the
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area, it is conservatively estimated that three or fewer section 7 consultation actions approximately one formal consultation, one informal consultation, and one technical assistance request will occur annually in the proposed critical habitat area. These may include consultations with the U.S. Army Corps of Engineers, U.S. Department of Transportation, U.S. Environmental Protection Agency, and the U.S. Fish and Wildlife Service for fish passage projects, riparian restoration, upland habitat restoration, prescribed fire, and brush management. The total annual incremental costs of critical habitat designation for the South Llano Springs moss are anticipated to be approximately $8,100 per year. Current development or other projects are not planned in the proposed critical habitat area. Therefore, future probable incremental economic impacts are not likely to exceed $100 million in any single year, and impacts that are concentrated in any geographic area or sector are not likely as a result of this critical habitat designation.
As we stated earlier, we are soliciting data and comments from the public on the DEA, as well as all aspects of this proposed rule and our required determinations. During the development of a final designation, we will consider the information presented in the DEA
and any additional information on economic impacts received during the public comment period to determine whether any specific areas should be excluded from the final critical habitat designation on the basis of economic impacts under authority of section 4b2 and our implementing regulations at 50 CFR 424.19. 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, provided the exclusion will not result in the extinction of this species.
Consideration of National Security Impacts Section 4a3Bi of the Act may not cover all DoD lands or areas that pose potential national-security concerns e.g., a DoD installation that is in the process of revising its INRMP for a newly listed species or a species previously not covered. If a particular area is not covered under section 4a3Bi, national-security or homeland-security concerns are not a factor in the process of determining what areas meet the definition of critical habitat. Nevertheless, when designating critical habitat under section 4b2, the Service must consider impacts on national security,
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