DEPARTMENT OF THE INTERIOR (DOI) 
  United States Fish and Wildlife Service (FWS) 
50 CFR Part 17 
Final rule: Endangered and Threatened Wildlife and Plants; Dalea 
Foliosa (Leafy Praire-Clover) Determined To Be Endangered / 
RIN 1018-AB38. 
Effective Date: 05/31/91 
*Rules and Regulations* 
(FEDREGISTER 56 FR 19953 05/01/91; 826 lines.) 
Item Key: 10577 
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DEPARTMENT OF THE INTERIOR 
  
Fish and Wildlife Service 
  
50 CFR Part 17 
  
RIN 1018-AB38 
  
Endangered and Threatened Wildlife and Plants; Dalea Foliosa (Leafy 
Prairie-Clover) Determined To Be Endangered 
  
AGENCY: Fish and Wildlife Service, Interior. 
  
ACTION: Final rule. 
  
SUMMARY: The Service determines Dalea foliosa (leafy 
prairie-clover), a rare plant presently known from only two sites in 
Alabama, nine sites in Tennessee, and three sites in Illinois, to be 
an endangered species under the authority of the Endangered Species 
Act (Act) of 1973, as amended. It is endangered throughout its range 
by habitat alteration; residential, commercial, or industrial 
development; livestock grazing; and conversion of its limited habitat 
to pasture. This action extends Federal protection under the Act to 
leafy prairie-clover. 
  
EFFECTIVE DATE: May 31, 1991. 
  
ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, during normal business hours at the 
Asheville Field Office, U.S. Fish and Wildlife Service, 100 Otis 
Street, Room 224, Asheville, North Carolina 28801. 
  
FOR FURTHER INFORMATION CONTACT: Mr. Robert R. Currie at the above 
address (704/259-0321 or FTS 672-0321). 
  
SUPPLEMENTARY INFORMATION: 
  
Background 
  
  Dalea foliosa (Gray) Barneby (leafy prairie-clover) is a perennial 
member of the pea family (Fabaceae) that has only been collected from 
Illinois, Tennessee, and Alabama. The erect 0.5-meter- (1.5-foot-) 
tall stems arise from a hardened root crown. The plant's pinnately 
compound alternate leaves are 3.5 to 4.5 centimeters (1.4 to 1.8 
inches) long and are composed of 20 to 30 leaflets. The small purple 
flowers are borne in dense spikes at the end of the stems (Smith and 
Wofford 1980). Flowering begins in late July and continues through 
August. Seeds ripen by early October, and the above-ground portion of 
the plant dies soon afterward. The dead stems remain erect and 
disperse ripened seeds from late fall to early spring (Baskin and 
Baskin 1973). 
  
  Leafy prairie-clover was described by Gray in 1868 as Petalostemum 
foliosum (Gray 1868). Barneby (1977) included the species of the 
genus Petalostemon (alternative spelling) within his concept of the 
genus Dalea, and his treatment of the group is followed by the 
Service. 
  
  Leafy prairie-clover is typically found growing in close 
association with the cedar glades of central Tennessee and northern 
Alabama. However, it seems to prefer the deeper soil of the 
prairielike areas along the boundaries of and within the rocky cedar 
glades (Smith and Wofford 1980). In Illinois, the species is now 
found only along the Des Plaines River, growing in prairie remnants 
that occur on thin-soil areas overlying dolomite (Kurz and Bowles 
1981). A description of the species' status within each State where 
it occurs is provided below. 
  
  Alabama. There are four known locations for leafy prairie-clover 
in Alabama. Two of these were discovered in the late 1960s (Baskin 
and Caudle 1967). At the time of their discovery, one 
population (Franklin County) was small and contained only a few 
plants. The other population (Morgan County) was relatively larger 
and contained several hundred individuals. Smith and Wofford (1980) 
reported that no plants were found at the Franklin County site during 
the 1980 field season. They further reported that while the Morgan 
County population only supported about 50 individuals, it appeared to 
be a healthy reproducing population. In 1989 a third population was 
discovered in Lawrence County. This population is small and is 
located within the right-of-way of a Tennessee Valley Authority (TVA) 
power transmission line (Leo Collins, TVA, personal communication, 
1990). The fourth Alabama population was discovered in 1984 in 
Jefferson County. This site was searched twice by botanists, once in 
1989 and again in 1990, and it apparently no longer supports the 
species. At the present time there are believed to be two extant and 
two extirpated populations in the State (Scott Gunn, Alabama Natural 
Heritage Program, personal communication, 1990). 
  
  Illinois. Leafy prairie-clover was originally known from six 
counties in the northeastern portion of the State (Kurz and Bowles 
1981). Only three populations are now known in the State. All are in 
Will County and are in prairie remnants along the Des Plaines River. 
Historically, the species was also found in Boone, Ogle, Kane, La 
Salle, and Kankakee Counties. The Illinois Department of Conservation 
recently attempted to reestablish the species at one of the historic 
Kankakee County sites. In the spring of 1988, 105 individuals were 
planted in suitable habitat at this historic location. The spring and 
summer of 1988 were very dry in northern Illinois, and only six 
individuals survived to the fall of 1988 (John Schwegman, Illinois 
Department of Conservation, personal communication, 1989). It is not 
known whether a viable, reproducing population will become 
reestablished at this site. 
  
  Two of the known Illinois sites are protected and/or managed by 
the Will County Forest Preserve District. A third site, recently 
rediscovered by the Illinois State Natural History Survey Division, 
is adjacent to the right-of-way for a proposed new highway. All of a 
fourth Will County location was recently bulldozed, and all of the 
Dalea foliosa at the site were destroyed. The Will County Forest 
Preserve District will attempt to acquire this area and reintroduce 
leafy prairie-clover to the site, provided suitable habitat still 
exists (De Mauro in litt.). 
  
  Tennessee. The following information on leafy prairie-clover in 
Tennessee was primarily derived from Smith and Wofford (1980) and Dr. 
Paul Somers (Tennessee Department of Conservation, personal 
communication, 1989, and Somers in litt.). 
  
  The Service believes that there are currently only nine viable 
leafy prairie-clover populations in Tennessee. Most of these 
populations are small and contain fewer than 50 individual plants. 
Historically, the plant was known from seven Rutherford County sites. 
One of these sites was destroyed by industrial construction, and the 
species has not been observed on three other Rutherford County sites 
in the recent past. In Rutherford County the only currently known 
viable population is in a State park and consists of 25 to 30 
individuals. Two additional Rutherford County sites support two 
individuals each; the Service does not consider these to represent 
viable populations. 
  
  There are two records of the species in Wilson County located on 
lands managed by the Tennessee Department of Conservation. One of 
these was discovered in 1979 and supported about 30 individuals in 
1990. The other was discovered in 1990 and contained about 20 
individuals. In June 1990, Marshall County was found to support two 
leafy prairie-clover populations; one of these contained 21 plants, 
while the other contained 15 plants (Baskin and Wofford in litt.). In 
late May 1990, a healthy population of leafy prairie-clover was 
discovered in Bedford County by Mr. J. Raveill of the Tennessee 
Department of Conservation. This population contained about 250 
plants in June 1990. The glades supporting this population are 
privately owned and exhibit little evidence of disturbance (Baskin 
and Wofford in litt.). 
  
  Davidson County once supported four populations. One of the sites 
was bulldozed for development and is or soon will be lost to the 
species. Another site is slated for development and is expected to be 
lost, and two very small populations, discovered in 1985, have not 
been observed since their discovery. None of the Davidson County 
populations are considered by the Service to be viable. 
  
  Williamson County supports one population of the species; most of 
this site was acquired through donation by The Nature Conservancy and 
is protected. However, a small portion remains in private ownership 
and could be lost. 
  
  Maury County once supported three populations of leafy 
prairie-clover. In June 1990 it was determined that one population 
was extirpated, and a second only supported about 50 plants. The 
third population is the largest and healthiest in Tennessee and is 
owned by TVA. This site is within the floodpool of the proposed 
Columbia Dam project, and half of the 630 plants found there will be 
flooded if the project is constructed as originally proposed. (See 
the "Summary of Factors Affecting the Species" section of this rule 
for further discussion of this project). 
  
  The Tennessee Department of Conservation conducted a survey of 
several hundred cedar glades and cedar glade remnants in the central 
basin of Tennessee during the 1987 through 1990 field seasons. 
Despite this thorough search of much of the available habitat for 
leafy prairie-clover, only two new populations of the species were 
found. 
  
  Federal government actions on this species began with Section 12 
of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), which 
directed the Secretary of the Smithsonian Institution to prepare a 
report on those plants considered to be endangered, threatened, or 
extinct. This report, designated as House Document No. 94-51, was 
presented to Congress on January 9, 1975. On July 1, 1975, the 
Service published a notice (40 FR 27823) that formally accepted the 
Smithsonian report as a petition within the context of section 
4(c)(2) (now section 4(b)(3)) of the Act. By accepting this report as 
a petition, the Service also acknowledged its intention to review the 
status of those plant taxa named within the report. Dalea 
foliosa (Petalostemum foliosum) was included in the Smithsonian 
report and in the July 1, 1975, notice of review. On June 16, 1976, 
the Service published a proposed rule (41 FR 24523) to determine 
approximately 1,700 vascular plant taxa to be endangerd species 
pursuant to section 4 of the Act; Dalea foliosa was included in this 
proposal. 
  
  The 1978 amendments to the Act required that all proposals over 2 
years old be withdrawn. On December 10, 1979 (44 FR 70796), the 
Service published a notice withdrawing plants proposed on June 16, 
1976. Dalea foliosa was included as a category 1 species in the 
revised notice of review for native plants published on December 15, 
1980 (45 FR 82480). Category 1 species are those for which the 
Service has information that indicates that proposing to list them as 
endangered or threatened is appropriate. This species was changed to 
a category 2 species for the revised plant notices of review 
published in 1983 (48 FR 53640) and in 1985 (50 FR 39526). 
  
  Category 2 species are those for which the Service has information 
that indicates that proposing to list them as endangered or 
threatened may be appropriate but for which substantial data on 
biological vulnerability and threats are not currently known or on 
file to support the preparation of rules. This was the case with 
Dalea foliosa. The Service believed that additional searches of 
potential habitat in central Tennessee were needed before a decision 
could be made as to whether to prepare a proposed rule to add the 
species to the list. The Service funded a survey in 1979 to determine 
the status of Dalea foliosa in Alabama and Tennessee; a final report 
on this survey was accepted by the Service in 1980. A report 
summarizing the status of the species in Illinois was completed by 
Kurz and Bowles in 1981. During the 1987, 1988, 1989, and 1990 field 
seasons, personnel with the Tennessee Department of Conservation 
conducted an extensive inventory of cedar glades in central 
Tennessee. Several hundred sites were visited during this inventory, 
and only two additional populations of Dalea foliosa were discovered. 
Based on the additional information, Dalea foliosa was changed to a 
category 1 species in the plant notice of review published February 
21, 1990 (55 FR 6184). 
  
  Section 4(b)(3)(B) of the Act, as amended in 1982, requires the 
Secretary to make certain findings on pending petitions within 12 
months of their receipt. Section 2(b)(1) of the 1982 amendments 
further requires that all petitions pending on October 13, 1982, be 
treated as having been newly submitted on that date. This was the 
case for Dalea foliosa because of the acceptance of the 1975 
Smithsonian report as a petition. On October 13, 1983, and in October 
of each year thereafter, through 1989, the Service found that the 
petitioned listing of Dalea foliosa was warranted but precluded by 
other listing actions of a higher priority and that additional data 
on vulnerability and threats were still being gathered. The March 27, 
1990, proposal to list leafy prairie-clover as endangered (55 FR 
11230) constituted the final 12-month finding for this species. 
  
Summary of Comments and Recommendations 
  
  In the March 27, 1990, proposed rule; the October 1, 1990, notice 
of public hearing and extension of the comment period (55 FR 39988); 
the October 16, 1990, public hearing; and notifications associated 
with these activities, all interested parties were requested to 
submit factual reports or information that might contribute to the 
development of a final rule. Appropriate State agencies, county 
governments, Federal agencies, scientific organizations, and other 
interested parties were contacted and requested to comment. Newspaper 
notices inviting public comment were published in the following 
newspapers: Daily Herald, Columbia, Tennessee; Nashville Banner, 
Nashville, Tennessee; Lebanon Democrat, Lebanon, Tennessee; Daily 
News Journal, Murfreesboro, Tennessee; Daily Journal, Kankakee, 
Illinois; Joliet Herald, Joliet, Illinois; Decatur Daily, Decatur, 
Alabama; and Franklin County Times, Russellville, Alabama. In 
response to two formal requests, a public hearing on the proposal to 
list Dalea foliosa as an endangered species was held on October 16, 
1990, at Columbia State Community College in Columbia, Tennessee. A 
notice of the hearing and reopening of the comment period to November 
1, 1990, was published in the Federal Register on October 1, 1990 (55 
FR 39988). The public hearing notice announced the purpose, time, and 
location of the hearing and extended the formal comment period on the 
proposal in order to ensure that all interested parties had ample 
time to provide information on the proposed rule. 
  
  All written comments and oral statements presented at the public 
hearing and those received during comment periods are covered in the 
following discussion. Comments of similar content are grouped 
together. These issues and the Service response to each, are 
discussed below. 
  
  Nine written responses to the proposed rule were received during 
the initial comment period. Three State agencies, one county agency, 
one city official, and four private individuals or organizations 
provided comments. 
  
  The Illinois State Natural History Survey Division, the Illinois 
Department of Conservation, and the Forest Preserve District of Will 
County, Illinois, strongly supported the addition of leafy 
prairie-clover to the Federal list of endangered species, provided 
additional information on the status of the species in Illinois, and 
provided updated information on conservation activities in Illinois. 
The Service has incorporated the additional information on the status 
and conservation of the species, as appropriate, into this document. 
  
  Three individuals and the Center for Plant Conservation supported 
the proposed addition of the species to the Federal list of 
endangered species or requested additional information on the 
species. The Service provided the requested information. 
  
  The Tennessee Upper Duck River Development Agency and the City of 
Columbia, Tennessee, requested a public hearing on the Service's 
proposal but provided no comments on the proposal in their requests. 
  
  The public hearing on the proposed rule to list leafy 
prairie-clover as an endangered species was held on October 16, 1990, 
in the auditorium of the Clement Building at Columbia State Community 
College, Columbia, Tennessee. Seven verbal statements were made at 
the public hearing, and six written statements were provided, three 
of which were copies of verbal statements given. Eighteen written 
comments were received during the comment period extension. 
  
Statements at Public Hearing 
  
  The Mayor of the City of Columbia expressed opposition to the 
proposed addition of leafy prairie-clover to the Federal list. The 
Mayor also suggested that in lieu of Federal protection the Service 
permit area residents to cultivate the species and thereby ensure 
that it does not become extinct. The Service believes that 
cultivation of leafy prairie-clover without protecting the natural 
ecosystems upon which it depends would not meet the requirements of 
the Act. One of the Act's primary purposes, as stated in section 2(b) 
of the Act, is "to provide a means whereby the ecosystems upon which 
endangered species and threatened species depend may be conserved." 
Cultivation of endangered and threatened species can be a positive 
conservation tool, and it is often listed as a task to be completed 
before recovery can be achieved. However, the purpose of this 
cultivation is to ensure that, if the species is lost from the wild, 
plants will be available to reintroduce the species back into the 
natural ecosystem. Additionally, cultivation of endangered and 
threatened species can provide wildflower gardeners with a source of 
rare plants for home gardens without adversely affecting the species 
in the wild. 
  
  The Columbia City Manager endorsed efforts to preserve leafy 
prairie-clover provided that those efforts did not impede the 
completion of the proposed Columbia Dam. The City Manager concurred 
that the species is rare, but did not believe it should be listed 
unless other conservation efforts, such as those proposed by the 
Mayor, prove inadequate. He also endorsed the Mayor's proposal to 
cultivate the species. The Service response to the cultivation issue 
is provided above. The Columbia Dam project and its potential effects 
on the plant are discussed in the "Summary of Factors Affecting the 
Species" section of this rule. The procedures followed by the Service 
in reviewing the potential impact of Federal projects on listed 
species are outlined in the "Available Conservation Measures" section 
of this rule. 
  
  The Chairman, Board of Directors, Upper Duck River Development 
Agency (Agency) stated that, based upon the information provided by 
their consultant, he did not believe that leafy prairie-clover needed 
Federal protection to ensure its survival. The Service, however, 
believes that Federal protection for leafy prairie-clover is merited 
based upon the information outlined in the "Summary of Factors 
Affecting the Species" section of this rule. 
  
  The Agency's Executive Director stated that the Agency supported 
ensuring that species do not become extinct and would attempt to take 
any actions necessary to ensure that end. He also stated that, based 
on information in the public record, he believed leafy prairie-clover 
is in better condition now than it was historically. The Service does 
not concur with this conclusion based upon the information provided 
in the "Background" and "Summary of Factors Affecting the Species" 
sections of this rule. 
  
  The Agency's consultant stated that, based on his review of the 
available data, he concurred that leafy prairie-clover is indeed a 
rare and sporadically occurring species. However, he believed the 
species was not threatened, was likely more common than present 
distribution data suggest, and argued that it did not need Federal 
protection. He stated that the species can remain dormant during 
adverse climatic conditions, and this may account to some degree for 
the sporadic nature of its distribution. He noted that, based on work 
performed in Illinois and elsewhere, the leafy prairie-clover is 
easily cultivated and has seeds that often germinate several years 
after they fall to the soil. He stated that there appeared to be more 
individuals of the species now than previously reported and that at 
least one population in each State is protected through public 
ownership. In conclusion, he stated that if there is concern about 
the species' survival, the Service should cooperate with the Mayor's 
suggested volunteer citizen cultivators to ensure that the species 
does not disappear. The Service does not concur with the consultant's 
conclusions regarding the present vulnerability of the species. Based 
upon the data outlined in the "Background" and "Summary of Factors 
Affecting the Species" sections of this rule, it is the Service's 
conclusion that the leafy prairie-clover qualifies for protection 
under the Act. The observed rarity and sporadic distribution cannot 
be fully accounted for merely by the species' ability to remain 
dormant during drought and other adverse climatic conditions. In 
Illinois the species was originally known from six counties. It is 
now restricted to three sites in one county. In Alabama, two of the 
four known sites have been destroyed, and in Tennessee most sites are 
small and vulnerable to loss due to the factors discussed in the rule 
sections referenced above. Although the species is readily 
cultivated, several attempts in Illinos to reintroduce the species to 
a site have been unsuccessful (De Mauro in litt.). The range of 
environmental requirements for successful reestablishment in the wild 
is not fully understood and will require additional research before 
anyone can reintroduce the species with confidence that the 
reintroduction will be successful. 
  
  One private individual supported listing of the species and 
supported completion of the Columbia Dam project. Another private 
individual stated that the population in the Columbia Dam project 
area could be better managed if the dam were completed. 
  
Written Statements Received After the Public Hearing 
  
  Eighteen written comments were received during the comment 
extension period--3 from State or county agencies, 1 from a private 
conservation organization, and 14 from private individuals. 
  
  The Tennessee Department of Conservation supported protection of 
leafy prairie-clover under the Act and provided additional 
information on the distribution of the species in Tennessee. The 
Forest Preserve District of Will County, Illinois, reiterated their 
support for the species' proposed addition to the Federal endangered 
species list and provided additional information on the current 
species' status in Illinois and their efforts to reintroduce the 
species in the wild. The Service concurs with the conclusion that the 
species merits addition to the Federal list. The information on the 
status of the species and reintroduction efforts has been 
incorporated, where appropriate, into this rule. 
  
  The Agency's Executive Director expressed regret that they had not 
been allowed to accompany the group that surveyed the proposed 
Columbia Dam project area population in June 1990. It was not the 
Service's intent to exclude the Agency from the site visit; through 
an oversight by the Service, the Agency was not notified of the 
planned survey. As soon as the oversight was brought to the Service's 
attention, a Service representative provided an Agency employee with 
a tour of the site. The Executive Director and another individual 
pointed out that the written survey report (Wofford and Baskin 1990) 
stated that this population contained 630 individuals while a Service 
employee stated at the public hearing that the population contained 
750-1,000 individuals. The Service believes that the correct figure 
for the size of this population is 630, and the employee's statement 
at the hearing was in error. The Executive Director stated that it 
was his belief that the Service did not want help from others in 
meeting its responsibilities under the Act. This belief was based 
upon the Service's reluctance to utilize cultivation rather than 
Federal listing to protect leafy prairie-clover. The Service does not 
believe that cultivation is appropriate in lieu of listing for the 
reasons stated above. The Service recognizes the value of and 
welcomes the conservation efforts made by the private sector and 
Federal, State, county, and city governments and agencies. However, 
these efforts must contribute to species' conservation and meet the 
goals of the Act. Cultivation without habitat protection does not 
contribute to conservation of the species or meet the mandates of the 
Act. 
  
  The Executive Director questioned why the Service chose to propose 
the leafy prairie-clover from the extensive list of category 1 
species in the February 21, 1990, notice to review plant taxa for 
listing as endangered or threatened species (55 FR 6184). The 
decision to propose this plant was based upon the threats to the 
species, its limited distribution, availability of data on its 
status, and the support for the action expressed by the State 
conservation agencies responsible for the protection of the flora in 
their respective States. In conclusion, the Executive Director 
offered the Agency's assistance in protecting leafy prairie-clover. 
The Service appreciates their willingness to conserve this species 
and looks forward to a successful effort to ensure that the 
population managed for TVA by the Agency is not lost. 
  
  One individual expressed concern about past difficulties in 
meeting the Act's requirements for conserving endangered and 
threatened species, specifically the limited amount of money 
available for these efforts. The Service acknowledges that the 
present needs for protection and recovery of listed species exceed 
the currently available funds. However, availability of recovery 
funds is not a criterion used to determine if listing is warranted. 
He suggested that the Service move all of the known leafy 
prairie-clovers now growing on cedar glades to shallow-soiled prairie 
sites because, if left undisturbed, most cedar glades will eventually 
be covered so densely with cedars that leafy prairie-clover will be 
shaded out. The Service recognizes that the vegetation at the cedar 
glade populations will need to be managed in order to ensure that the 
habitat remains suitable for leafy prairie-clover and other rare 
cedar glade species. It should be noted that the populations 
occurring on shallow-soiled prairies also require management in order 
to maintain the habitat in a condition conducive to leafy 
prairie-clover. In conclusion, this individual stated that he 
believed the Service wanted to use the leafy prairie-clover to stop 
the Columbia Dam project. The Service responds that the purpose of 
Federal listing is not to stop projects but to ensure that species do 
not become extinct. The Service is generally able to work with 
project advocates to both protect the species and allow for project 
objectives to be met. The criteria for adding species to the Federal 
list are contained in Section 4 of the Act. These criteria, as they 
relate to the currently known status of leafy prairie-clover, are 
specifically addressed in the "Summary of Factors Affecting the 
Species" section of this rule. This project and its relationship to 
federally listed endangered species is addressed in Section A of this 
summary. Section 7 of the Act, which addresses consultation with 
Federal agencies to protect listed species, is addressed in 
the "Available Conservation Measures" section of this rule. 
  
  Three individuals and a conservation organization expressed 
support for the proposed addition of leafy prairie-clover to the 
Federal list. 
  
  Ten individuals expressed opposition to the proposed addition of 
leafy prairie-clover to the Federal list stating their belief that it 
is more numerous than is currently known or that with the currently 
known populations it is not actually endangered. Most also expressed 
support for the completion of the Columbia Dam project. The Service 
believes that the current information on the status of leafy 
prairie-clover is accurate and reflects the actual distribution of 
the species. Additional populations may be found in the future; 
however, it is not anticipated that the discovery of additional sites 
will significantly affect the species' status. The Columbia Dam 
project and its relationship to this species is addressed above. 
  
Summary of Factors Affecting the Species 
  
  After a thorough review and consideration of all information 
available, the Service has determined that leafy prairie-clover 
should be classified as an endangered species. Procedures found at 
Section 4(a)(1) of the act (16 U.S.C. 1531 et seq.) and 
regulations (50 CFR Part 424) promulgated to implement these listing 
provisions were followed. A species may be determined to be an 
endangered or threatened species due to one or more of the five 
factors described in Section 4(a)(1). These factors and their 
application to Dalea foliosa (Gray) Barneby (leafy 
prairie-clover) (Syn: Petalostemum foliosum Gray) are as follows: 
  
A. The Present or Threatened Destruction, Modification, or 
Curtailment of its Habitat or Range 
  
  Most of the known populations of Dalea foliosa are threatened with 
destruction or adverse modification of their habitat. The plant is 
best protected in Illinois, where two of the three known extant sites 
are being managed to protect the species. The third Illinois site 
could be adversely affected by construction of a proposed highway. 
However, with proper planning and appropriate care during actual 
construction, it should be possible to protect this population. A 
fourth Illinois population was recently destroyed; it is not known if 
the site can be acquired and the Dalea foliosa restored (De Mauro in 
litt., Kurz and Bowles 1981). h)
0*0*0*  
  The Franklin County, Alabama, population was apparently destroyed 
by a series of construction activities that included road-widening 
and associated construction and, later, installation of an 
underground pipeline (Cary Norquist, U.S. Fish and Wildlife Service, 
personal communication, 1989). The small Morgan County, Alabama, 
population is vulnerable to loss or alteration by residental 
construction or conversion to livestock pasture (Smith and Wofford 
1980). It is not known what caused the extirpation of the species 
from Jefferson County. The Lawrence County site is within the 
right-of-way of a power transmission line managed by TVA, and with 
proper management this population should be secure. 
  
  Two of Tennessee's nine currently confirmed viable populations are 
partially protected. Most of the Williamson County population was 
acquired by The Nature Conservancy through donation and is protected 
from outright destruction by construction or other mechanical habitat 
alteration. A portion of this population is still privately owned and 
is thereby vulnerable to loss in the future. 
  
  The best and largest Tennessee population is located on land owned 
by the Tennessee Valley Authority (TVA) in Maury County. This site 
was acquired as a part of the proposed Columbia Dam project area. 
Completion of this project has been delayed while TVA has been 
pursuing a mussel conservation plan aimed at avoiding jeopardy to 
federally listed endangered mussels that inhabit the project impact 
area. Several alternatives to the original project are currently 
being evaluated by the TVA (Tennessee Valley Authority 1988). These 
alternatives could involve lower floodpool levels than originally 
proposed. Should they be chosen, the altered project would have no 
impact on the Dalea foliosa population. If the full-pool alternative 
is implemented, approximately 50 percent of the 630 plants in this 
Maury County population would be inundated. 
  
  Davidson County has four recorded occurrences for Dalea foliosa. 
One of these has recently been bulldozed in preparation for 
development of the site. The Tennessee Department of Conservation and 
the Center for Plant Conservation are attempting to put the few 
plants remaining at this location into cultivation in order to ensure 
that the genetic material they contain is not lost. Two sites 
discovered in 1985 are very small and have not been observed to 
support any plants since the original discovery. The Service does not 
consider any of the Davidson County sites to be viable. 
  
  An early report that the species occurred in Knox County was 
apparently based on the collection of a specimen from a transplanted 
population. The species was not native to Knox County, and the 
transplanted population has died out. 
  
  All of the known Dalea foliosa locations are threatened by the 
encroachment of more competitive herbaceous vegetation and/or woody 
plants, such as cedar, that produce shade and compete for limited 
water and nutrients. Active management is required to ensure that the 
species continues to survive at all sites. In Illinois, experiments 
on the use of fire to maintain the available habitat in a condition 
conducive to Dalea foliosa are being evaluated. The species does not 
survive intensive livestock grazing (Kral 1983), and this factor 
remains a threat at all but the three protected and the two urban 
populations. Direct destruction of habitat for commercial, 
residential or industrial development, and intensive right-of-way 
maintenance activities are the most significant threats to the 
species at this time (Smith and Wofford 1980). 
  
B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes. 
  
  The Illinois Department of Conservation (D. Glosser in litt.) 
indicates that there is some horticultural interest in the species in 
their State. Most populations are very small and cannot support the 
collection of plants for scentific or other purposes. Inappropriate 
collecting for scientific purposes or as a novelty is a threat to the 
species. 
  
C. Disease or Predation. 
  
  Disease and predation are not known to be factors affecting the 
continued existence of the species at this time. 
  
D. The Inadequacy of Existing Regulatory Mechanisms. 
  
  Dalea foliosa is listed as an endangered plant in Tennessee under 
that State's Rare Plant Protection and Conservation Act. This 
protects the species from taking without the permission of the 
landowner or land manager. In Illinois, the species is listed as 
endangered by the Illinois Department of Conservation's Order 154. 
Illinois law prohibits taking listed plants from the land of another 
without the written permission of the landowner. Selling or offering 
to sell listed plants or plant parts is also prohibited without a 
permit. In Alabama, the species does not receive any protection by 
the State. The Act will provide additional protection from taking for 
the population that occurs on Federal land, and to the other 
populations when the taking is in violation of any State law, 
including State trespass laws. Protection from inappropriate 
interstate commercial trade will also be provided. 
  
E. Other Natural or Manmade Factors Affecting Its Continued 
Existence 
  
  The only other additional factors that threaten Dalea foliosa are 
the extended drought conditions which the species has faced during 
the past few years. The extremely dry summer of 1988 is probably 
responsible for the low survival rate of plants reintroduced to one 
of the Kankakee County, Illinois, locations. Only 6 of 105 plants 
transplanted to the site survived to the end of the summer. These 
conditions can be expected to be causing higher than normal mortality 
of seedlings in the natural populations and could, if they continue 
over an extended period of time, have an adverse effect on the 
survival of Dalea foliosa.   
  The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in determining to make this rule 
final. With only 14 relatively small populations, and most of these 
threatened with destruction or adverse modification of habitat, and 
with all populations in need of long-term management, the preferred 
action is to list Dalea foliosa as an endangered species rather than 
as a threatened species. An endangered species, as defined under 
section 3(6) of the Act, is a species that is in danger of extinction 
throughout all or a significant portion of its range. Critical 
habitat is not being designated for the reasons discussed below. 
  
Critical Habitat 
  
  Section 4(a)(3) of the Act requires, to the maximum extent prudent 
and determinable, that the Secretary designate critical habitat at 
the time the species is determined to be endangered or threatened. 
Most populations of this species are small, and loss of even a few 
individuals to activities such as collection for scientific purposes 
could extirpate the species from some locations. Taking of endangered 
plants, without permits, is prohibited by the Act from locations 
under Federal jurisdiction; however, only one of the known 
populations is under Federal jurisdiction. Therefore, publication of 
critical habitat descriptions and maps would increase the 
vulnerability of the species without significantly increasing 
protection. The owners and managers of all the known populations of 
Dalea foliosa have been made aware of the plant's location and of the 
importance of protecting the plant and its habitat. No additional 
benefits would result from a determination of critical habitat. 
Therefore, it would not now be prudent to designate critical habitat 
for Dalea foliosa. 
  
Available Conservation Measures 
  
  Conservation measures provided to species listed as endangered or 
threatened under the Endangered Species Act include recognition, 
recovery actions, requirements for Federal protection, and 
prohibitions against certain practices. Recognition through listing 
encourages and results in conservation actions by Federal, State, and 
private agencies, groups, and individuals. The Endangered Species Act 
provides for possible land acquisition and cooperation with the 
States and requires that recovery actions be carried out for all 
listed species. Such actions are initiated by the Service following 
listing. The protection required of Federal agencies and the 
prohibitions against taking are discussed, in part, below. 
  
  Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed 
or listed as endangered or threatened and with respect to its 
critical habitat if any is being designated. Regulations implementing 
this interagency cooperation provision of the Act are codified at 50 
CFR part 402. Section 7(a)(2) requires Federal agencies to ensure 
that activities they authorize, fund, or carry out are not likely to 
h)
0*0*0*jeopardize the continued existence of a listed species or to destroy 
or adversely modify its critical habitat. If a Federal action may 
affect a listed species or its critical habitat, the responsible 
Federal agency must enter into formal consultation with the Service. 
All but one of the known populations of Dalea foliosa is on privately 
owned or State-owned land. One Tennessee population is on land owned 
by the Tennessee Valley Authority. Approximately 50 percent of this 
population is within the impoundment area of a proposed dam project. 
For further information on this project and its effects on Dalea 
foliosa, see the "Background" and "Summary of Factors Affecting the 
Species" sections of this rule. One of the Illinois populations is 
near the right-of-way of a federally funded highway. The Illinois 
Department of Conservation and the Will County Forest Preserve 
District are working with the Illinois Department of Transportation 
to ensure that construction of the highway does not result in the 
loss or significant alteration of this population. 
  
  The Act and its implementing regulations found at 50 CFR 17.61, 
17.62, and 17.63 set forth a series of general prohibitions and 
exceptions that apply to all endangered plants. All trade 
prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR 
17.61, would apply. These prohibitions, in part, make it illegal for 
any person subject to the jurisdiction of the United States to import 
or export, transport in interstate or foreign commerce in the course 
of a commercial activity, sell or offer for sale this species in 
interstate or foreign commerce, or to remove and reduce to possession 
the species from areas under Federal jurisdiction. In addition, for 
endangered plants, the 1988 amendments (Pub. L. 100-478) to the Act 
prohibit the malicious damage or destruction on Federal lands and the 
removal, cutting, digging up, or damaging or destroying of listed 
plants in knowing violation of any State law or resolution, including 
State criminal trespass law. Certain exceptions apply to agents of 
the Service and State conservation agencies. The Act and 50 CFR 17.62 
and 17.63 also provide for the issuance of permits to carry out 
otherwise prohibited activities involving endangered species under 
certain circumstances. 
  
  Although the species is not common in cultivation or in the wild 
it has generated some commercial trading interest, and a limited 
number of trade permits may be sought and issued. Requests for copies 
of the regulations on listed plants and inquiries regarding 
prohibitions and permits should be addressed to the Office of 
Management Authority, U.S. Fish and Wildlife Service, 4401 North 
Fairfax Drive, Room 432, Arlington, Virginia 22203 (703/358-2104). 
  
National Environmental Policy Act 
  
  The Fish and Wildlife Service has determined that an Environmental 
Assessment, as defined under the authority of the National 
Environmental Policy Act of 1969, need not be prepared in connection 
with regulations adopted pursuant to section 4(a) of the Endangered 
Species Act of 1973, as amended. A notice outlining the Service's 
reasons for this determination was published in the Federal Register 
on October 25, 1983 (48 FR 49244).   
References Cited 
  
  A complete list of all references cited herein, as well as others, 
is available upon request from the Asheville Field 
Office (see "Addresses" section). 
  
Author 
  
  The primary author of this final rule is Mr. Robert R. Currie, 
Asheville Field Office, U.S. Fish and Wildlife Service, 100 Otis 
Street, Room 224, Asheville, North Carolina 28801 (704/259-0321 or 
FTS 672-0321). 
  
List of Subjects in 50 CFR Part 17 
  
  Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation. 
  
Regulation Promulgation 
  
  Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations, is amended as set forth below: 
  
PART 17--[AMENDED] 
  
  1. The authority citation for part 17 continues to read as 
follows: 
  
  Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted. 
  
  2. Amend S 17.12(h) by adding the following, in alphabetical order 
under Fabaceae to the List of Endangered and Threatened Plants: 
  
S 17.12  Endangered and threatened plants. 
*    *     *     *     * 
  
  (h) * * * 
  
  
  
================ 
    Species 
 Scientific name 
 Common name 
Historic range 
Status 
When listed 
Critical hibitat 
Special rules 
==================== 
  
    Fabaceae--Pea family: 
  
  Dalea foliosa 
  (=Petalostemum foliosum) 
  Leafy prairie-clover 
U.S.A. (AL, IL, TN) 
E 
422 
NA 
NA 
  
  
  
  
  
  Dated: April 10, 1991. 
  
Constance B. Harriman, 
  
Assistant Secretary for Fish and Wildlife and Parks. 
  
[FR Doc. 91-10264 Filed 4-30-91; 8:45 am] 
  
BILLING CODE 4310-55-M