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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules
designating critical habitat in accordance with the provisions of the Act. To assist the public in understanding the habitat needs of the species, this proposed rule identifies the physical or biological features essential to the conservation of the species. The proposed areas of 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 regulations adopted pursuant to section 4a 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.
Common name
Babbitt, 48 F.3d 1495 9th Cir. 1995, cert. denied 516 U.S. 1042 1996.

designation of critical habitat for this species.

Government-to-Government Relationship With Tribes
References Cited
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 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 determined that there are no Tribal lands that were occupied by the Miami tiger beetle at the time of listing that contain the features essential for conservation of the species, and no Tribal lands unoccupied by the Miami tiger beetle that are essential for the conservation of the species. Therefore, we are not proposing to designate critical habitat for the Miami tiger beetle on Tribal lands. As a result, there are no Tribal lands affected by the proposed
Scientific name

Where listed
A complete list of references cited in this rulemaking is available on the internet at http www.regulations.gov.
Authors The primary authors of this proposed rule are the staff members of the Fish and Wildlife Services Florida 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 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. In 17.11h, revise the entry for Beetle, Miami tiger under Insects 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

INSECTS

Beetle, Miami tiger Cicindelidia floridana

3. In 17.95, amend paragraph i by adding an entry for Miami Tiger Beetle Cicindelidia floridana after the entry for Helotes Mold Beetle Batrisodes venyivi, to read as follows:

lotter on DSK11XQN23PROD with PROPOSALS1

17.95

Critical habitatfish and wildlife.

i Insects.

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Miami Tiger Beetle Cicindelidia floridana 1 Critical habitat units are depicted for Miami-Dade County, Florida, on the maps in this entry.
2 Within these areas, the physical or biological features essential to the conservation of the Miami tiger beetle consist of one or more of the following components:
i South Florida pine rockland habitat of at least 2.5 ac 1 ha in size
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81 FR 68985;
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50

CFR

that is maintained by natural or prescribed fire or other disturbance regimes; and ii Open sandy areas within or directly adjacent to the south Florida pine rockland habitat with little to no vegetation that allows for or facilitates normal behavior and growth such as thermoregulation, foraging, egg-laying, larval development, and habitat connectivity, which promotes the
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