Subsequently, despite the conclusions of the 1983 review, the species was still included as a category 2 species on September 27, 1985 (50 FR 39526), February 21, 1990 (55 FR 6184), and September 30, 1993 (58 FR 51144). 2003, p. Constructed between 1922-25, it replaced a log cabin that had exhibited cultural objects since 1917. If a species is listed subsequently, section 7(a)(2) of the Act requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of the species or destroy or adversely modify its critical habitat. (2) Exception s from prohibitions. If this species is listed, funding for recovery actions will be available from a variety of sources, including Federal budgets, State programs, and cost share grants for non-Federal landowners, the academic community, and nongovernmental organizations. (b) Connectivity between areas that allow pollinators to move from site to site within each subpopulation of Chapin Mesa milkvetch. If there is more time, another day can be spent on Chapin Mesa by doing the Petroglyph Point Trail and spending some time wandering through the Far View site and visiting Cedar Tree Tower. has no substantive legal effect. 2006, p. 1). electronic version on GPOs govinfo.gov. Habitat is dynamic, and species may move from one area to another over time. Only official editions of the In 1907 Edgar L. Hewett, then an archealogist for the Archeological Institute of America, proposed naming this Soda Canyon cliff dwelling in her honor.Although Mary Hemenway never visited Mesa Verde, this site memorializes her contribution to our understanding of the Ancestral Puebloans. PO Box 8 We promise not to annoy you, but if you wish, you may unsubscribe at any time. Federal Register. Under the first prong of the Act's definition of critical habitat, areas within the geographical area occupied by the species at the time it was listed are included in a critical habitat designation if they contain physical or biological features (1) which are essential to the conservation of the species and (2) which may require special management considerations or protection. 218 reviews #9 of 20 things to do in Mesa Verde National Park Speciality Museums Visit website Call Write a review What people are saying " Chapin " Oct 2019 It show a good film of what is in the Park and great Pueblo ruins next door. Any such lands inadvertently left inside critical habitat boundaries shown on the maps of this proposed rule have been excluded by text in the proposed rule and are not proposed for designation as critical habitat. Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. The term threat includes actions or conditions that have a direct impact on individuals (direct impacts), as well as those that affect individuals through alteration of their habitat or required resources (stressors). Therefore, if the critical habitat is made final as proposed, a Federal action involving these lands would not trigger section 7 consultation with respect to critical habitat and the requirement of no adverse modification unless the specific action would affect the physical or biological features in the adjacent critical habitat. Spruce Treehouse is unfortunately closed to any tours now due to parts of the cliff falling. We evaluated a number of stressors that influence the health and resiliency Start Printed Page 58229of Chapin Mesa milkvetch populations, such as competition with nonnative, invasive plant species (i.e., cheatgrass, musk thistle, etc. We found that the primary drivers influencing the species' condition are the increased frequency of large, high-intensity wildfires; increasing presence of invasive, nonnative plants, especially cheatgrass; and the interaction between these elements, as explained further in the SSA report (Service 2018, p. 14-30). In addition, the Tribe has finalized a conservation plan intended to benefit the conservation of Chapin Mesa milkvetch and its habitat, and we will consider this Tribal plan as appropriate in our determination on whether to exclude this unit. The provisions of this proposed 4(d) rule would promote conservation of the Chapin Mesa milkvetch by encouraging management of the landscape in ways that meet land management considerations while meeting the conservation needs of the Chapin Mesa milkvetch. 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. (B) Overutilization for commercial, recreational, scientific, or educational purposes; (D) The inadequacy of existing regulatory mechanisms; or. In that proposed unit, 1,141 ac (462 ha) meet the definition of critical habitat, but are all being considered for possible exclusion from the final critical habitat designation, as they occur within a Tribal Park where human activity and land uses are restricted, as explained further below. As an Amazon Associate I earn from qualifying purchases. This large area of habitat (1,265 acres (512 hectares)) and good conditions in this subunit likely provide the Chapin Mesa milkvetch some ability to currently withstand stochastic events, such as drought, that are within the normal range of yearly variation, and to complete its life cycle. Alternatively, book the regular 1-hour tours of Cliff Palace in the morning and Balcony House tour in the late afternoon. Written comments: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Based on the information provided by entities seeking exclusion, as well as any additional public comments we receive, we will evaluate whether certain lands in the proposed critical habitat Unit 4 (Ute Mountain Ute Tribal Park) are appropriate for exclusion from the final designation under section 4(b)(2) of the Act. Moreover, Federal agencies are not small entities. Thus, a prediction is reliable if it is reasonable to depend on it when making decisions. Consequently, the Secretary does not intend to exercise his discretion to exclude any areas from the final designation based on impacts on national security. Its been a long, long time since Ive been to the southwestern states for fun. According to the Small Business Administration, small entities include small organizations such as independent nonprofit organizations; small governmental jurisdictions, including school boards and city and town governments that serve fewer than 50,000 residents; and small businesses (13 CFR 121.201). We note that, by using the SSA framework to guide our analysis of the scientific information documented in the SSA report, we have not only analyzed individual effects on the species, but we have also analyzed their potential cumulative effects. 4. Northwestern Clinic. The SSA report documents the results of our comprehensive biological status review for the species, including an assessment of the potential threats to the species. The proposed critical habitat designation is defined by the map or maps, as modified by any accompanying regulatory text, presented at the end of this document in Proposed Regulation Promulgation. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on http://www.regulations.gov,, or by appointment, during normal business hours, at the U.S. Based on the best available information, the following activities may potentially result in a violation of section 9 of the Act; this list is not comprehensive: (1) Unauthorized damage or collection of Chapin Mesa milkvetch from lands under Federal jurisdiction; and. If we finalize this proposed critical habitat designation, consultations to avoid the destruction or adverse modification of critical habitat would be incorporated into the existing consultation process. Section 4(b)(5) of the Act provides for a public hearing on this proposal, if requested. The intent of this policy is to increase public awareness of the effect of a proposed listing on proposed and ongoing activities within the range of the species proposed for listing. The scale of the maps we prepared under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such developed lands. FWS-R6-ES-2018-0055), and is briefly summarized here. Features may also be expressed in terms relating to principles of conservation biology, such as patch size, distribution distances, and connectivity. Chapin Mesa milkvetch is distributed throughout this unit; this unit contains the physical or biological features essential to the conservation of the species. (i) General description: Unit 1 consists of 1,976 acres (800 hectares) in Montezuma County, Colorado, and is composed of lands in Mesa Verde National Park. the Federal Register. Although regular monitoring has occurred in Mesa Verde National Park since 2001 in established monitoring plots, the demography plots do not represent a random sample, and cannot be used to estimate population size or overall population density (Service 2018, p. 4). 8-14). 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. The historical fire regime of the pinyon-juniper woodlands on the mesa tops of the Mesa Verde area is characterized by lightning-caused, infrequent (~400-year rotation), stand-replacing fires, as opposed to low-severity, stand-thinning fires (Romme et al. Notable Places in the Area. FWS-R6-ES-2018-0055, and at the field office responsible for the designation (see FOR FURTHER INFORMATION CONTACT, above). Recognition through listing results in public awareness, and conservation by Federal, State, Tribal, and local agencies; private organizations; and individuals. Special Programs I have to say it looks so much cooler in person! Section 4(a)(3)(B)(i) of the Act (16 U.S.C. We have coordinated with the Ute Mountain Ute Tribe regarding the species status assessment that informed this proposed listing determination, and provided the Tribe with an opportunity to review the SSA report. Our analysis found that the primary drivers of the Chapin Mesa milkvetch current and future condition are the increased frequency of large, high-intensity wildfires; increasing presence of invasive, nonnative plants, especially cheatgrass; and the interaction between these elements, as explained further in the SSA report (Service 2018, p. 14-30), and summarized here. Chapin Mesa. Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. The majority of the viewable ruins and cliff dwellings in Mesa Verde National Park are found on Chapin Mesa, as are most visitor facilities, and unlike the other main location ( Wetherill Mesa ), the access road is open all year, kept free of snow during the lengthy cold winters of this high elevation area (7,000 to 8,000 feet). ), as amended, states that the NPS shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. The NPS Organic Act has provided some benefit to the species by limiting many forms of human disturbance and development that might otherwise occur in unprotected areas. 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 Chapin Mesa milkvetch would also likely adversely affect the essential physical or biological features of critical habitat. Such requests must be sent to the address shown in FOR FURTHER INFORMATION CONTACT. We particularly seek comments regarding: (i) Whether occupied areas are inadequate for the conservation of the species; and. As discussed above, the role of critical habitat is to support physical or biological features essential to the conservation of a listed species and provide for the conservation of the species. The with critical habitat scenario describes the incremental impacts associated specifically with the designation of critical habitat for the species. Potential stressors to the Chapin Mesa milkvetch that we evaluated include invasive, nonnative plants (Factor A); wildfires (Factor A); post-fire mitigation (Factor A); wildfire and fuels management (Factor A); trampling and herbivory (Factors A and C); development of infrastructure (Factor A); drought (Factor A); and effects of climate change (Factor A) (Service 2018, pp. FWS-R6-ES-2018-0055, and at the Colorado Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). 3-4). Under the Act, if a species is determined to be an endangered or threatened species throughout all or a significant portion of its range, we are required to promptly publish a proposal in the Federal Register. Request Information. When we issue a biological opinion concluding that a project is likely to jeopardize the continued existence of a listed species and/or destroy or adversely modify critical habitat, we provide reasonable and prudent alternatives to the project, if any are identifiable, that would avoid the likelihood of jeopardy and/or destruction or adverse modification of critical habitat. However, these efforts have not been able to ameliorate the threat of catastrophic wildfires and nonnative, invasive species. Museum Hours 81330, Download the official NPS app before your next visit. Similarly, in January 2020, the Ute Mountain Ute Tribe finalized a conservation plan (Tribal plan) for Chapin Mesa milkvetch, which was adopted by Resolution by the Ute Mountain Ute Tribal Council in February 2020 (Ute Mountain Ute Tribe, 2020). Using the criteria found in Criteria Used To Identify Critical Habitat, we have determined that the area proposed for designation on Tribal lands is occupied and contains the physical or biological features essential to the conservation of the species. These guidance documents generally confirm our trust responsibilities to Tribes, recognize that Tribes have sovereign authority to control Tribal lands, emphasize the importance of developing partnerships with Tribal governments, and direct the Service to consult with Tribes on a government-to-government basis. Relevant information about this document from Regulations.gov provides additional context. The SSA report does not represent a decision by the Service on whether the species should be proposed for listing as an endangered or threatened species under the Act. The incremental conservation efforts and associated impacts would not be expected without the designation of critical habitat for the species. We believe good things come from people spending time outside. 680 North Lake Shore Drive Suite 1410. publication in the future. The flat top of the cuesta is broken up by rivers or streams that have formed canyons throughout the park. The Act does not define the term foreseeable future, which appears in the statutory definition of threatened species. Our implementing regulations at 50 CFR 424.11(d) set forth a framework for evaluating the foreseeable future on a case-by-case basis. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. Website and content 2023 Camera & a Canvas, Smoke in the Mountains Wildfires in Montana and Canada 2017. Having determined that designation is prudent, under section 4(a)(3) of the Act we must find whether critical habitat for the Chapin Mesa milkvetch is determinable. Jan. 28, 2020) (Center for Biological Diversity), vacated the aspect of the 2014 Significant Portion of its Range Policy that provided that the Services do not undertake an analysis of significant portions of a species' range if the species warrants listing as threatened throughout all of its range. (i) General description: Unit 2 consists of 417 acres (167 hectares) in Montezuma County, Colorado, and is composed of lands in Mesa Verde National Park. Section 7(a)(4) of the Act requires Federal agencies to confer with the Service on any action that is likely to jeopardize the continued existence of a species proposed for listing or result in destruction or adverse modification of proposed critical habitat. In this section, we review the biological condition of the species and its resources, and its influences, to assess the species' overall viability and the risks to that viability. After identifying the benefits of inclusion and the benefits of exclusion, Start Printed Page 58238we carefully weigh the two sides to evaluate whether the benefits of exclusion outweigh those of inclusion. Under section 4(b)(2) of the Act, we consider any other relevant impacts, in addition to economic impacts and impacts on national security. In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12(b), in determining which areas within the geographical area occupied by the species at the time of listing to designate as critical habitat, we consider the physical or biological features that are essential to the conservation of the species and which may require special management considerations or protection. We anticipate that the largest Chapin Mesa milkvetch representative unit, Chapin Mesa, will continue to be occupied under all three scenarios, but with reduced levels of resiliency (Service 2018, pp. Chapin Mesa milkvetch is found in both old-growth and recent lightly burned pinyon-juniper woodlands. The ultimate goal of such conservation efforts is the recovery of these listed species, so that they no longer need the protective measures of the Act. (2) Pinyon juniper canopy cover of at least 40 percent. ), 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 effects of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). Accordingly, we have prepared a draft economic analysis concerning the proposed critical habitat designation, which is available for review and comment (see ADDRESSES). Reviews on Mesa Grill in Lakeview, Chicago, IL - Mesa Urbana Mexican Fusion, Taqueria Traspasada, Summer House Santa Monica, XOchimilco Mexican Restaurant, Cafe El Tapatio We ask the public, particularly State agencies and other interested stakeholders that may be affected by the proposed 4(d) rule, to provide comments and suggestions regarding additional guidance and methods that the Service could provide or use, respectively, to streamline the implementation of this proposed 4(d) rule (see Information Requested, above). We include more detailed information on the boundaries of the proposed critical habitat designation in the preamble of this document. Mesa Verde ei. The emergence and density of Chapin Mesa milkvetch are strongly tied to winter precipitation. Fish and Wildlife Service, Colorado Ecological Services Field Office, 445 W. Gunnison Ave., Suite 240, Grand Junction, CO 81501-5711; telephone 970-628-7181. However, Federal agencies are prohibited from carrying out, funding, or authorizing actions that would destroy or adversely modify critical habitat. The park film, "Footsteps of Our Ancestors," is shown in the museum's theater on the hour and half hour. Following the court's holding in Center for Biological Diversity, we now consider whether there are any significant portions of the species' range where the species is in danger of extinction now (i.e., endangered). (2) Specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. We have determined that the following physical or biological features are essential to the conservation of the Chapin Mesa milkvetch: (1) Deep, reddish, loess soils with a loam to sandy loam soil texture. Climate: As discussed above, spring and winter (snow) precipitation that is greater than 25 percent below the 30-year average (1971-2000) (i.e., greater than 3.24 inches and 3.46 inches, respectively) provides appropriate soil moisture for the Chapin Mesa milkvetch. This screening analysis, combined with the information contained in our IEM, is what we consider our draft economic analysis of the proposed critical habitat designation for the Chapin Mesa milkvetch and is summarized in the narrative below. Activities that the Services may, during a consultation under section 7(a)(2) of the Act, find are likely to destroy or adversely modify critical habitat include, but are not limited to: (1) Actions that would remove or significantly alter habitat. This feature is not available for this document. Since the Chapin Mesa milkvetch was a Category 2 species, it was no longer recognized as a candidate species as of the February 28, 1996, CNOR. Therefore, this action is not a significant energy action, and no Statement of Energy Effects is required. Document availability: The draft economic analysis is available at http://www.regulations.gov under Docket No. 13132 (Federalism), this proposed rule does not have significant Federalism effects. In the paragraphs below, we provide a detailed analysis of our consideration of these lands for exclusion under section 4(b)(2) of the Act. For complete information about, and access to, our official publications The museum is closed on Thanksgiving, Christmas Eve, Christmas, and New Year's Day. 2007); Washington Environmental Council v. National Marine Fisheries Service, 2002 U.S. Dist. 1361-1407; 1531-1544; and 4201-4245, unless otherwise noted. comm.). The viability of the Chapin Mesa milkvetch depends on maintaining multiple, self-sustaining units over time. 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 onto State governments. This unit contains the physical or biological features essential to the conservation of the species; however, the habitat in this unit was highly altered by the Long Mesa Fire of 2002, leaving small areas of intact habitat where Chapin Mesa milkvetch persists. Chapin Mesa milkvetch is a member of the family Fabaceae (legume family) and was known by the common name Schmoll's milkvetch prior to 2015. Cheatgrass and other invasive nonnative plant species have already invaded different parts of the species range to varying degrees. We incorporate the cumulative effects into our SSA analysis when we characterize the current and future condition of the species. 2 full days will give you a more relaxing pace and chance to see everything. Given the increasing prevalence of nonnative, invasive species such as cheatgrass, and climate change projections, the frequency and intensity of fires is expected to increase in the future. We evaluate the existence of a conservation plan when considering the benefits of inclusion. Any visit to the park typically includes at least one trip around the two loops on Chapin Mesa: Cliff Palace Loop and Mesa Top Loop. edition of the Federal Register. Table 1 displays the occupancy status of the units, landownership, and approximate areas of the proposed designated areas for Chapin Mesa milkvetch. Chapin Mesa milkvetch is a narrow endemic, upright, perennial herb primarily found on the tops of mesas in Southwestern Colorado in Montezuma County on land administered by Mesa Verde National Park and Ute Mountain Ute Tribal Park. After evaluating threats to the species and assessing the cumulative effect of the threats under the section 4(a)(1) factors, we find that the increased frequency of large, high-intensity wildfires (Factor A); the increasing presence of invasive, nonnative plants, especially cheatgrass (Factor A); and the interaction between these elements put Chapin Mesa milkvetch at risk of extinction throughout its range in the foreseeable future due to its limited redundancy. Our projections incorporate three climate scenarios developed for the North Central Climate Science Center in Fort Collins, Colorado for the San Juan Basin in Southwestern Colorado; Hot and Dry, Moderately Hot, and Warm and Wet (Rondeau et al. FWS-R6-ES-2018-0055 and at the field office responsible for this designation. Additional information sources may include any generalized conservation strategy, criteria, or outline that may have been developed for the species; the recovery plan for the species; articles in peer-reviewed journals; conservation plans developed by States and counties; scientific status surveys and studies; biological assessments; other unpublished materials; or experts' opinions or personal knowledge. We consider a variety of factors, including, but not limited to, whether the plan is finalized; how it provides for the conservation of the essential physical or biological features; whether there is a reasonable expectation that the conservation management strategies and actions contained in a management plan will be implemented into the future; whether the conservation strategies in the plan are likely to be effective; and whether the plan contains a monitoring program or adaptive management to ensure that the conservation measures are effective and can be adapted in the future in response to new information. A final determination on whether the Secretary will exercise his discretion to exclude this area from critical habitat for the Chapin Mesa milkvetch will be made when we publish the final rule designating critical habitat. Federal intergovernmental mandate includes a regulation that would impose an enforceable duty upon State, local, or tribal governments with two exceptions. Such activities could include, but are not limited to, road maintenance, recreation or maintenance of recreational trails, wildfire and fuels reduction activities, development of infrastructure, infrastructure maintenance, weed management activities, and livestock removal activities (as a result of trespass issues from cattle and wild horses). While we recognize this unit has artificially straight boundaries on the north and west sides, this is based on the best available information on occupied areas within the Ute Mountain Ute Tribal Park. Currently occupied habitat areas on West Chapin Spur and Park Mesa are confined to small patches (ranging in size from 8 to 52 acres). The recovery outline guides the immediate implementation of urgent recovery actions and describes the process to be used to develop a recovery plan. Data collected by the Colorado Natural Heritage Program (CNHP) over 14 years of monitoring have revealed a strong correlation between winter precipitation (as snow) and the density of Chapin Mesa milkvetch plants (Service 2018, p. 26). In regard to this species, you may: (i) Conduct activities as authorized by a permit under 17.72. It does, however, provide the scientific basis that informs our regulatory decisions, which involve the further application of standards within the Act and its implementing regulations and policies. These activities could introduce or open habitat up for nonnative, invasive plant species that compete with Chapin Mesa milkvetch for space and nutrients. A joint Secretarial Order that applies to both the U.S. The areas we Start Printed Page 58236propose as critical habitat are: (1) Chapin Mesa Unit; (2) Park Mesa Unit; (3) West Chapin Spur Unit; and (4) Ute Mountain Ute Tribal Park Unit. While the species has been observed on the Ute Mountain Tribal Park, it is unclear at this time how much occupied habitat occurs there, because surveys have not been done in recent years. When determining proposed critical habitat boundaries, we made every effort to avoid including developed areas such as lands covered by buildings, pavement, and other structures because such lands lack physical or biological features necessary for the Chapin Mesa milkvetch. Although if all you can get is 1 full day, you can still see a lot with that little amount of time too! I am not a fan of seeing a Park in a day. These factors will likely exacerbate the frequency and extent of catastrophic wildfires and the invasion of cheatgrass on Chapin Mesa milkvetch habitat in the future. Register, and does not replace the official print version or the official Those ruins in the rocks are so fascinating and a great place to take photos too . Section 4(d) of the Act states that the Secretary shall issue such regulations as he deems necessary and advisable to provide for the conservation of species listed as threatened.
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