83_FR_50133 83 FR 49941 - Record of Decision for the Final Environmental Impact Statement for the Na Pua Makani Wind Energy Project, Oahu, HI

83 FR 49941 - Record of Decision for the Final Environmental Impact Statement for the Na Pua Makani Wind Energy Project, Oahu, HI

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 192 (October 3, 2018)

Page Range49941-49943
FR Document2018-21457

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a record of decision (ROD) for proposed issuance of an Endangered Species Act (ESA) permit for the Na Pua Makani Wind Energy Project (project) and habitat conservation plan (HCP). The ROD documents the Service's decision to issue an incidental take permit (ITP) to Na Pua Makani Power Partners, LLC (applicant). As summarized in the ROD, the Service has selected Alternative 2a--the Modified Proposed Action, which includes implementation of the HCP and issuance of the ITP authorizing incidental take of one threatened and six endangered species listed under the ESA that may occur as a result of construction and operation of the project over a 21-year period.

Federal Register, Volume 83 Issue 192 (Wednesday, October 3, 2018)
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49941-49943]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21457]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2018-N108; FXES11140100000-189-FF01E00000]


Record of Decision for the Final Environmental Impact Statement 
for the Na Pua Makani Wind Energy Project, Oahu, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; record of decision.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of a record of decision (ROD) for proposed issuance of an 
Endangered Species Act (ESA) permit for the Na Pua Makani Wind Energy 
Project (project) and habitat conservation plan (HCP). The ROD 
documents the Service's decision to issue an incidental take permit 
(ITP) to Na Pua Makani Power Partners, LLC (applicant). As summarized 
in the ROD, the Service has selected Alternative 2a--the Modified 
Proposed Action, which includes implementation of the HCP and issuance 
of the ITP authorizing incidental take of one threatened and six 
endangered species listed under the ESA that may occur as a result of 
construction and operation of the project over a 21-year period.

ADDRESSES: You may obtain copies of the ROD and other documents 
associated with the decision by the following methods.
     Internet: Documents may be viewed and downloaded on the 
internet at http://www.fws.gov/pacificislands/.
     U.S. Mail: You may obtain a CD-ROM with electronic copies 
of these documents if you make a request within 30 days after the date 
of publication of this notice by writing to Mary Abrams, Field 
Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Fish and 
Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI 
96850.
     Telephone: Call 808-792-9400 during regular business 
hours.

FOR FURTHER INFORMATION CONTACT: Mr. Aaron Nadig (Deputy Field 
Supervisor), by telephone at 808-792-9400, by Federal Relay Service at 
800-877-8339, or by mail to the U.S. Fish and Wildlife Service (see 
ADDRESSES).

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a record of decision (ROD) for 
proposed issuance of an Endangered Species Act (ESA) section 
10(a)(1)(B) permit for the Na Pua Makani Wind Energy Project (project) 
and habitat conservation plan (HCP). The ROD documents the Service's 
decision to issue an incidental take permit (ITP) to Na Pua Makani 
Power Partners, LLC (applicant). As summarized in the ROD, the Service 
has selected Alternative 2a--the Modified Proposed Action (described 
below), which includes implementation of the HCP and issuance of the 
ITP authorizing incidental take of one threatened and six endangered 
species listed under the ESA that may occur as a result of construction 
and operation of the project over a 21-year period.
    We are advising the public of the availability of the ROD, 
developed in compliance with the agency decision-making requirements of 
the National Environmental Policy Act of 1969, as amended (NEPA), as 
well as the final HCP as submitted by the applicant. All alternatives 
have been described in detail, evaluated, and analyzed in our final EIS 
(FEIS) and supplemental EIS (SEIS). Our notice of availability of the 
FEIS and HCP was published in the Federal Register on July 12, 2016 (81 
FR 45174).
    The Council of Environmental Quality regulations require agencies 
to prepare supplements to either draft or final EISs if there are 
substantial changes in the proposed action that are relevant to 
environmental concerns or there are significant new circumstances or 
information relevant to environmental concerns that bear on the 
proposed action or its impacts; SEISs may also be prepared if the lead 
agency determines that the purpose of NEPA will be furthered by doing 
so. After reviewing comments received after issuance of the Draft EIS 
(DEIS), the Service worked with the applicant to develop a modified 
action to address some of the comments received. Accordingly, the 
Service determined that publishing an SEIS and providing an additional 
opportunity for public review on Alternative 2a would further the 
purposes of NEPA and the ESA. The SEIS and HCP were noticed in the 
Federal Register on November 17, 2016 (81 FR 81151).

Background

    Na Pua Makani Power Partners proposes to construct and operate the 
project near the town of Kahuku in the Koolauloa District of the City 
and County of Honolulu on the Island of Oahu, Hawaii. The project would 
consist of up to 9 wind turbine generators (WTGs) with a net generating 
capacity of up to approximately 25 megawatts (MW), located within a 
project site of approximately 707 acres. The site includes portions of 
two parcels leased from the Hawaii Department of Land and Natural 
Resources (DLNR), State-owned access areas, and privately owned lands. 
The site is located almost entirely within the State agricultural land 
use district.
    Na Pua Makani Power Partners applied to the Service for an ITP 
under ESA section 10(a)(1)(B). The ITP is for a 21-year permit term and 
authorizes take of the threatened Newell's shearwater (Puffinus 
newelli), and the endangered Hawaiian stilt (Himantopus mexicanus 
knudseni), Hawaiian coot (Fulica americana alai), Hawaiian moorhen 
(Gallinula chloropus sandvicensis), Hawaiian duck (Anas wyvilliana), 
Hawaiian goose (Branta

[[Page 49942]]

sandvicensis), and the Hawaiian hoary bat (Lasiurus cinereus semotus) 
(collectively these species are hereafter referred to as the ``covered 
species'') that may occur as a result of the construction and operation 
of the project.
    The applicant developed a final HCP that addresses the incidental 
take of the seven covered species that may occur as a result of the 
construction and operation of the project over a period of 21 years. 
The HCP details measures the applicant will implement to minimize, 
mitigate, and monitor incidental take of the covered species.
    The Service prepared an FEIS and SEIS pursuant to the requirements 
of NEPA in response to the permit application because issuance of an 
ITP by the Service is a Federal action that may affect the quality of 
the human environment.

Purpose and Need

    The purpose and need of the Service's proposed action is to 
evaluate the authorization of incidental take of the covered species 
associated with construction and operation of the project and make a 
decision on the application pursuant to the requirements of ESA section 
10(a)(1)(B) and its implementing regulations and policies. Any permit 
issued by the Service must meet all applicable issuance criteria, and 
implementation should be technically and economically feasible. 
Issuance criteria include requirements that the applicant will minimize 
and mitigate the impacts of the taking on the covered species to the 
maximum extent practicable and the taking will not appreciably reduce 
the likelihood of survival and recovery of the species in the wild.

Alternatives

    Our FEIS and SEIS analyzed the environmental impacts of three 
alternatives related to the issuance of the ITP and implementation of 
the HCP.
    Alternative 1--No Action: Under Alternative 1, the Service would 
not issue an ITP, and the project would not be constructed.
    Alternative 2--Proposed Action: The project, as originally 
described as Alternative 2 of the DEIS, would consist of between 8 and 
10 WTG and includes implementation of the HCP and issuance of an ITP 
for construction and operation of a wind energy project with a 
generation capacity of up to 25 MW.
    Alternative 2a--Modified Proposed Action: Our selected alternative 
consists of implementation of the HCP and issuance of an ITP for 
construction and operation of a wind energy project with a maximum 
number of 9 WTG with a generation capacity of up to 25 MW. In response 
to public comments on the DEIS related to visual impacts and 
consideration of fewer turbines with larger generating capacities, a 
project design with a reduced maximum number of turbines of only 9 WTG 
with larger generating capacities and taller dimensions was added to 
the FEIS and SEIS. The applicant is considering a variety of WTG 
models, each ranging from 427 feet to 656 feet in height, and each 
having up to 3.3 MW of generating capacity. The applicant will select 
the most appropriate WTGs prior to construction. The selection of the 
WTG models would not change the impacts to the covered species analyzed 
in the EIS. This alternative includes the avoidance, minimization, and 
mitigation measures identified for the covered species (described 
below) to minimize and offset the impacts of the anticipated take of 
the covered species.
    Alternative 3--Consists of a 42-MW generation wind project with up 
to 12 WTG, each with a generating capacity of up to 3.3 MW. Alternative 
3 includes the issuance of an ITP to authorize incidental take of the 
covered species in association with construction and operation of the 
up to approximately 25-MW project and implementation of the project HCP 
with avoidance, minimization, and mitigation measures identified for 
covered species that would occur at levels described above for the 
Proposed Action. Due to transmission line upgrades required for 
additional turbines and associated generating capacity beyond those 
identified in Alternative 2, there would be a lag of at least 3 years 
before the construction of an additional two to four turbines. Due to 
the uncertainty related to the timing of construction of the additional 
turbines under this alternative, Na Pua Makani Power Partners would 
reinitiate coordination with the Service prior to their construction to 
address potential impacts of the larger generation facility to the 
covered species. The mitigation and monitoring associated with the 
additional turbines would be covered in an amendment to the HCP.

Decision and Rationale for Decision

    Based on our review of the alternatives and their environmental 
consequences as described in our FEIS and SEIS, we have selected the 
Modified Proposed Action option (Alternative 2a). The Modified Proposed 
Action is the implementation of the final HCP and issuance of an ITP 
authorizing incidental take of the covered species that may occur as a 
result of the construction and operation of the project.
    In order to issue an ITP, we must determine that the HCP meets the 
issuance criteria set forth in 16 U.S.C. 1539(a)(2)(A) and (B). We have 
made that determination based on the findings summarized below:
    1. The taking will be incidental. We find that take of listed 
species will be incidental to otherwise lawful activities, including 
the construction, operation, and maintenance of the wind energy 
facility.
    2. The applicant will, to the maximum extent practicable, minimize 
and mitigate the impacts of such takings. The applicant has developed 
and is committed to implementing a program that includes a variety of 
habitat and species protection measures that minimize and mitigate the 
impacts of the taking on the covered species.
    To reduce take of the Hawaiian hoary bat, Na Pua Makani Partners 
will implement low wind-speed curtailment by raising the cut-in speed 
of the WTGs to 16 feet per second (ft/s) and feathering WTG blades 
below 16 ft/s from sunset to sunrise during the months of March to 
November.
    To offset the impacts of anticipated take on the covered species, 
the applicant is proposing mitigation measures on Oahu that include: 
(1) Funding research to support management of the Newell's shearwater; 
(2) fencing and predator control to conserve the Hawaiian goose; (3) a 
combination of bat research and native forest restoration and 
management to increase Hawaiian hoary bat habitat; (4) acoustic surveys 
to document the presence of the Hawaiian hoary bat; and (5) fencing and 
public outreach to benefit the conservation of the Hawaiian stilt, 
Hawaiian coot, Hawaiian moorhen and the Hawaiian duck.
    3. The applicant will ensure that adequate funding for the HCP will 
be provided. The applicant has developed an HCP, which includes a 
detailed estimate of the costs of implementing the HCP. Na Pua Makani 
Power Partners is committed to providing the funds necessary to 
implement the HCP, and its associated mitigation, monitoring, 
reporting, and adaptive management measures. Na Pua Makani Power 
Partners shall provide assurance of funding in the form of a letter of 
credit to The State of Hawaii Division of Forestry and Wildlife (DOFAW) 
in the amount of $3,736,050, which covers the cost for Tier 1 
mitigation and post-construction monitoring. Upon triggering Tier 2 
mitigation, a letter of credit for an additional $894,000 will be 
provided to DOFAW.

[[Page 49943]]

    4. The taking will not appreciably reduce the likelihood of 
survival and recovery of any listed species in the wild. As the Federal 
action agency considering whether to issue an ITP, we have reviewed the 
proposed action under section 7 of the ESA. Our biological opinion, 
dated April 29, 2016, concluded that issuance of the ITP will not 
jeopardize the continued existence of potentially affected listed 
species in the wild.
    5. The applicant agrees to implement other measures that the 
Service requires as being necessary or appropriate for the purposes of 
the HCP. We provided technical assistance to the applicant in the 
development of the HCP. We commented on draft documents, participated 
in numerous meetings, and worked closely with the applicant throughout 
the development of the HCP to further the conservation of covered 
species. The HCP incorporates our technical advice for minimization and 
mitigation of take impacts likely to be caused by covered activities, 
as well as steps to monitor the effects of the HCP. Annual monitoring, 
as well as coordination and reporting mechanisms, have been designed to 
ensure that changes in the conservation measures via adaptive 
management can be implemented if proposed measures prove ineffective.
    Considerations relied upon for the ITP decision include whether (1) 
the proposed mitigation will benefit the covered species, (2) adaptive 
management of the conservation measures will insure that the goals and 
objectives of the HCP are realized, (3) conservation measures will 
protect and enhance habitat, (4) mitigation measures will fully offset 
anticipated impacts to the covered species and facilitate recovery, and 
(5) the HCP is consistent with the covered species' recovery plans.

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) of the ESA (16 U.S.C. 1531, 1539(c)) and its implementing 
regulations (50 CFR 17.22 and 17.32) and NEPA (42 U.S.C. 4321 et seq.) 
and its implementing regulations (40 CFR 1506.6; 43 CFR part 46). The 
Service has made its decision to issue an ITP to Na Pua Makani Power 
Partners, LLC for the take of seven species in accordance with their 
HCP.

Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2018-21457 Filed 10-2-18; 8:45 am]
 BILLING CODE 4333-15-P



                                                                          Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices                                           49941

                                               Overview of This Information                            (ROD) for proposed issuance of an                     making requirements of the National
                                               Collection                                              Endangered Species Act (ESA) permit                   Environmental Policy Act of 1969, as
                                                 (1) Type of Information Collection:                   for the Na Pua Makani Wind Energy                     amended (NEPA), as well as the final
                                               Extension, Without Change, of a                         Project (project) and habitat                         HCP as submitted by the applicant. All
                                               Currently Approved Collection.                          conservation plan (HCP). The ROD                      alternatives have been described in
                                                 (2) Title of the Form/Collection: H–2                 documents the Service’s decision to                   detail, evaluated, and analyzed in our
                                               Petitioner’s Employment Related or Fee                  issue an incidental take permit (ITP) to              final EIS (FEIS) and supplemental EIS
                                               Related Notification.                                   Na Pua Makani Power Partners, LLC                     (SEIS). Our notice of availability of the
                                                 (3) Agency form number, if any, and                   (applicant). As summarized in the ROD,                FEIS and HCP was published in the
                                               the applicable component of the DHS                     the Service has selected Alternative                  Federal Register on July 12, 2016 (81 FR
                                               sponsoring the collection: No form;                     2a—the Modified Proposed Action,                      45174).
                                                                                                       which includes implementation of the                     The Council of Environmental Quality
                                               USCIS.
                                                                                                       HCP and issuance of the ITP authorizing               regulations require agencies to prepare
                                                 (4) Affected public who will be asked
                                                                                                       incidental take of one threatened and                 supplements to either draft or final EISs
                                               or required to respond, as well as a brief
                                                                                                       six endangered species listed under the               if there are substantial changes in the
                                               abstract: Primary: Business or other for-
                                                                                                       ESA that may occur as a result of                     proposed action that are relevant to
                                               profit. The notification requirement is                                                                       environmental concerns or there are
                                               necessary to ensure that alien workers                  construction and operation of the
                                                                                                       project over a 21-year period.                        significant new circumstances or
                                               maintain their nonimmigrant status and                                                                        information relevant to environmental
                                               will help prevent H–2 workers from                      ADDRESSES: You may obtain copies of
                                                                                                       the ROD and other documents                           concerns that bear on the proposed
                                               engaging in unauthorized employment.                                                                          action or its impacts; SEISs may also be
                                                 (5) An estimate of the total number of                associated with the decision by the
                                                                                                       following methods.                                    prepared if the lead agency determines
                                               respondents and the amount of time                                                                            that the purpose of NEPA will be
                                               estimated for an average respondent to                     • Internet: Documents may be viewed
                                                                                                       and downloaded on the internet at                     furthered by doing so. After reviewing
                                               respond: The estimated total number of                                                                        comments received after issuance of the
                                               respondents for the information                         http://www.fws.gov/pacificislands/.
                                                                                                          • U.S. Mail: You may obtain a CD–                  Draft EIS (DEIS), the Service worked
                                               collection H–2 Petitioner’s Employment                                                                        with the applicant to develop a
                                               Related or Fee Related Notification is                  ROM with electronic copies of these
                                                                                                       documents if you make a request within                modified action to address some of the
                                               1,700 and the estimated hour burden                                                                           comments received. Accordingly, the
                                               per response is .5 hours.                               30 days after the date of publication of
                                                                                                       this notice by writing to Mary Abrams,                Service determined that publishing an
                                                 (6) An estimate of the total public                                                                         SEIS and providing an additional
                                               burden (in hours) associated with the                   Field Supervisor, U.S. Fish and Wildlife
                                                                                                       Service, Pacific Islands Fish and                     opportunity for public review on
                                               collection: The total estimated annual                                                                        Alternative 2a would further the
                                               hour burden associated with this                        Wildlife Office, 300 Ala Moana
                                                                                                       Boulevard, Room 3–122, Honolulu, HI                   purposes of NEPA and the ESA. The
                                               collection is 850 hours.                                                                                      SEIS and HCP were noticed in the
                                                 (7) An estimate of the total public                   96850.
                                                                                                          • Telephone: Call 808–792–9400                     Federal Register on November 17, 2016
                                               burden (in cost) associated with the                                                                          (81 FR 81151).
                                               collection: The estimated total annual                  during regular business hours.
                                               cost burden associated with this                        FOR FURTHER INFORMATION CONTACT: Mr.                  Background
                                               collection of information is $8,500.                    Aaron Nadig (Deputy Field Supervisor),                   Na Pua Makani Power Partners
                                                                                                       by telephone at 808–792–9400, by                      proposes to construct and operate the
                                                 Dated: September 27, 2018.
                                                                                                       Federal Relay Service at 800–877–8339,                project near the town of Kahuku in the
                                               Samantha L. Deshommes,
                                                                                                       or by mail to the U.S. Fish and Wildlife              Koolauloa District of the City and
                                               Chief, Regulatory Coordination Division,                Service (see ADDRESSES).
                                               Office of Policy and Strategy, U.S. Citizenship                                                               County of Honolulu on the Island of
                                               and Immigration Services, Department of                 SUPPLEMENTARY INFORMATION: We, the                    Oahu, Hawaii. The project would
                                               Homeland Security.                                      U.S. Fish and Wildlife Service (Service),             consist of up to 9 wind turbine
                                               [FR Doc. 2018–21489 Filed 10–2–18; 8:45 am]             announce the availability of a record of              generators (WTGs) with a net generating
                                               BILLING CODE 9111–97–P
                                                                                                       decision (ROD) for proposed issuance of               capacity of up to approximately 25
                                                                                                       an Endangered Species Act (ESA)                       megawatts (MW), located within a
                                                                                                       section 10(a)(1)(B) permit for the Na Pua             project site of approximately 707 acres.
                                                                                                       Makani Wind Energy Project (project)                  The site includes portions of two
                                               DEPARTMENT OF THE INTERIOR
                                                                                                       and habitat conservation plan (HCP).                  parcels leased from the Hawaii
                                               Fish and Wildlife Service                               The ROD documents the Service’s                       Department of Land and Natural
                                                                                                       decision to issue an incidental take                  Resources (DLNR), State-owned access
                                               [FWS–R1–ES–2018–N108;                                   permit (ITP) to Na Pua Makani Power                   areas, and privately owned lands. The
                                               FXES11140100000–189–FF01E00000]                         Partners, LLC (applicant). As                         site is located almost entirely within the
                                                                                                       summarized in the ROD, the Service has                State agricultural land use district.
                                               Record of Decision for the Final
                                                                                                       selected Alternative 2a—the Modified                     Na Pua Makani Power Partners
                                               Environmental Impact Statement for
                                                                                                       Proposed Action (described below),                    applied to the Service for an ITP under
                                               the Na Pua Makani Wind Energy
                                                                                                       which includes implementation of the                  ESA section 10(a)(1)(B). The ITP is for
                                               Project, Oahu, HI
                                                                                                       HCP and issuance of the ITP authorizing               a 21-year permit term and authorizes
                                               AGENCY:   Fish and Wildlife Service,                    incidental take of one threatened and                 take of the threatened Newell’s
daltland on DSKBBV9HB2PROD with NOTICES




                                               Interior.                                               six endangered species listed under the               shearwater (Puffinus newelli), and the
                                               ACTION: Notice of availability; record of               ESA that may occur as a result of                     endangered Hawaiian stilt (Himantopus
                                               decision.                                               construction and operation of the                     mexicanus knudseni), Hawaiian coot
                                                                                                       project over a 21-year period.                        (Fulica americana alai), Hawaiian
                                               SUMMARY:   We, the U.S. Fish and                           We are advising the public of the                  moorhen (Gallinula chloropus
                                               Wildlife Service (Service), announce the                availability of the ROD, developed in                 sandvicensis), Hawaiian duck (Anas
                                               availability of a record of decision                    compliance with the agency decision-                  wyvilliana), Hawaiian goose (Branta


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                                               49942                      Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices

                                               sandvicensis), and the Hawaiian hoary                   a maximum number of 9 WTG with a                      result of the construction and operation
                                               bat (Lasiurus cinereus semotus)                         generation capacity of up to 25 MW. In                of the project.
                                               (collectively these species are hereafter               response to public comments on the                       In order to issue an ITP, we must
                                               referred to as the ‘‘covered species’’)                 DEIS related to visual impacts and                    determine that the HCP meets the
                                               that may occur as a result of the                       consideration of fewer turbines with                  issuance criteria set forth in 16 U.S.C.
                                               construction and operation of the                       larger generating capacities, a project               1539(a)(2)(A) and (B). We have made
                                               project.                                                design with a reduced maximum                         that determination based on the findings
                                                  The applicant developed a final HCP                  number of turbines of only 9 WTG with                 summarized below:
                                               that addresses the incidental take of the               larger generating capacities and taller                  1. The taking will be incidental. We
                                               seven covered species that may occur as                 dimensions was added to the FEIS and                  find that take of listed species will be
                                               a result of the construction and                        SEIS. The applicant is considering a                  incidental to otherwise lawful activities,
                                               operation of the project over a period of               variety of WTG models, each ranging                   including the construction, operation,
                                               21 years. The HCP details measures the                  from 427 feet to 656 feet in height, and              and maintenance of the wind energy
                                               applicant will implement to minimize,                   each having up to 3.3 MW of generating                facility.
                                               mitigate, and monitor incidental take of                capacity. The applicant will select the                  2. The applicant will, to the
                                               the covered species.                                    most appropriate WTGs prior to                        maximum extent practicable, minimize
                                                  The Service prepared an FEIS and                     construction. The selection of the WTG                and mitigate the impacts of such
                                               SEIS pursuant to the requirements of                    models would not change the impacts to                takings. The applicant has developed
                                               NEPA in response to the permit                          the covered species analyzed in the EIS.              and is committed to implementing a
                                               application because issuance of an ITP                  This alternative includes the avoidance,              program that includes a variety of
                                               by the Service is a Federal action that                 minimization, and mitigation measures                 habitat and species protection measures
                                               may affect the quality of the human                     identified for the covered species                    that minimize and mitigate the impacts
                                               environment.                                            (described below) to minimize and                     of the taking on the covered species.
                                                                                                       offset the impacts of the anticipated take               To reduce take of the Hawaiian hoary
                                               Purpose and Need                                        of the covered species.                               bat, Na Pua Makani Partners will
                                                  The purpose and need of the Service’s                   Alternative 3—Consists of a 42–MW                  implement low wind-speed curtailment
                                               proposed action is to evaluate the                      generation wind project with up to 12                 by raising the cut-in speed of the WTGs
                                               authorization of incidental take of the                 WTG, each with a generating capacity of               to 16 feet per second (ft/s) and
                                               covered species associated with                         up to 3.3 MW. Alternative 3 includes                  feathering WTG blades below 16 ft/s
                                               construction and operation of the                       the issuance of an ITP to authorize                   from sunset to sunrise during the
                                               project and make a decision on the                      incidental take of the covered species in             months of March to November.
                                               application pursuant to the                             association with construction and                        To offset the impacts of anticipated
                                               requirements of ESA section 10(a)(1)(B)                 operation of the up to approximately                  take on the covered species, the
                                               and its implementing regulations and                    25–MW project and implementation of                   applicant is proposing mitigation
                                               policies. Any permit issued by the                      the project HCP with avoidance,                       measures on Oahu that include: (1)
                                               Service must meet all applicable                        minimization, and mitigation measures                 Funding research to support
                                               issuance criteria, and implementation                   identified for covered species that                   management of the Newell’s shearwater;
                                               should be technically and economically                  would occur at levels described above                 (2) fencing and predator control to
                                               feasible. Issuance criteria include                     for the Proposed Action. Due to                       conserve the Hawaiian goose; (3) a
                                               requirements that the applicant will                    transmission line upgrades required for               combination of bat research and native
                                               minimize and mitigate the impacts of                    additional turbines and associated                    forest restoration and management to
                                               the taking on the covered species to the                generating capacity beyond those                      increase Hawaiian hoary bat habitat; (4)
                                               maximum extent practicable and the                      identified in Alternative 2, there would              acoustic surveys to document the
                                               taking will not appreciably reduce the                  be a lag of at least 3 years before the               presence of the Hawaiian hoary bat; and
                                               likelihood of survival and recovery of                  construction of an additional two to four             (5) fencing and public outreach to
                                               the species in the wild.                                turbines. Due to the uncertainty related              benefit the conservation of the Hawaiian
                                                                                                       to the timing of construction of the                  stilt, Hawaiian coot, Hawaiian moorhen
                                               Alternatives                                            additional turbines under this                        and the Hawaiian duck.
                                                  Our FEIS and SEIS analyzed the                       alternative, Na Pua Makani Power                         3. The applicant will ensure that
                                               environmental impacts of three                          Partners would reinitiate coordination                adequate funding for the HCP will be
                                               alternatives related to the issuance of                 with the Service prior to their                       provided. The applicant has developed
                                               the ITP and implementation of the HCP.                  construction to address potential                     an HCP, which includes a detailed
                                                  Alternative 1—No Action: Under                       impacts of the larger generation facility             estimate of the costs of implementing
                                               Alternative 1, the Service would not                    to the covered species. The mitigation                the HCP. Na Pua Makani Power Partners
                                               issue an ITP, and the project would not                 and monitoring associated with the                    is committed to providing the funds
                                               be constructed.                                         additional turbines would be covered in               necessary to implement the HCP, and its
                                                  Alternative 2—Proposed Action: The                   an amendment to the HCP.                              associated mitigation, monitoring,
                                               project, as originally described as                                                                           reporting, and adaptive management
                                               Alternative 2 of the DEIS, would consist                Decision and Rationale for Decision                   measures. Na Pua Makani Power
                                               of between 8 and 10 WTG and includes                       Based on our review of the                         Partners shall provide assurance of
                                               implementation of the HCP and                           alternatives and their environmental                  funding in the form of a letter of credit
                                               issuance of an ITP for construction and                 consequences as described in our FEIS                 to The State of Hawaii Division of
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                                               operation of a wind energy project with                 and SEIS, we have selected the                        Forestry and Wildlife (DOFAW) in the
                                               a generation capacity of up to 25 MW.                   Modified Proposed Action option                       amount of $3,736,050, which covers the
                                                  Alternative 2a—Modified Proposed                     (Alternative 2a). The Modified Proposed               cost for Tier 1 mitigation and post-
                                               Action: Our selected alternative consists               Action is the implementation of the                   construction monitoring. Upon
                                               of implementation of the HCP and                        final HCP and issuance of an ITP                      triggering Tier 2 mitigation, a letter of
                                               issuance of an ITP for construction and                 authorizing incidental take of the                    credit for an additional $894,000 will be
                                               operation of a wind energy project with                 covered species that may occur as a                   provided to DOFAW.


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                                                                          Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices                                          49943

                                                 4. The taking will not appreciably                    DEPARTMENT OF THE INTERIOR                            related to revenue collection from such
                                               reduce the likelihood of survival and                                                                         development, including whether a need
                                               recovery of any listed species in the                   Office of the Secretary                               exists for regulatory reform.
                                               wild. As the Federal action agency                      [Docket No. ONRR–2018–0001;                              We are seeking nominations for
                                               considering whether to issue an ITP, we                 [DS63600000 DR2000000.PMN000                          individuals that represent Indian Tribes,
                                               have reviewed the proposed action                       178D0102R2]                                           mineral and/or energy stakeholders,
                                               under section 7 of the ESA. Our                                                                               States, and academia/public interest, to
                                               biological opinion, dated April 29, 2016,               Royalty Policy Committee                              be considered as Committee alternate
                                               concluded that issuance of the ITP will                 Establishment; Request for                            members. The Committee will not
                                               not jeopardize the continued existence                  Nominations                                           exceed 28 members and is composed of
                                               of potentially affected listed species in                                                                     Federal and non-Federal members in
                                                                                                       AGENCY: Office of Natural Resources
                                               the wild.                                                                                                     order to ensure fair and balanced
                                                                                                       Revenue, Interior.
                                                 5. The applicant agrees to implement                                                                        representation. The Secretary will
                                                                                                       ACTION: Notice.
                                               other measures that the Service requires                                                                      appoint non-Federal alternates to the
                                               as being necessary or appropriate for                   SUMMARY:   The U.S. Department of the                 Committee to serve up to a three-year
                                               the purposes of the HCP. We provided                    Interior (DOI) is seeking nominations for             term. The Director for the Bureau of
                                               technical assistance to the applicant in                primary and alternate members for                     Safety and Environmental Enforcement
                                               the development of the HCP. We                          several sectors of the Royalty Policy                 is currently designated as Acting
                                               commented on draft documents,                           Committee (Committee). This notice                    Chairman of the Committee.
                                               participated in numerous meetings, and                  solicits nominees from: (1) Indian                       Federal Members: The Secretary has
                                               worked closely with the applicant                       Tribes, (2) mineral and/or energy                     appointed the following officials as non-
                                               throughout the development of the HCP                   stakeholders, (3) States and (4)                      voting, ex-officio members of the
                                               to further the conservation of covered                  academia/public interest.                             Committee:
                                               species. The HCP incorporates our                          The Committee provides advice to the               • A representative of the Secretary’s
                                               technical advice for minimization and                   Secretary on the fair market value of,                   Immediate Office
                                               mitigation of take impacts likely to be                 and the collection of revenues derived                • Assistant Secretary—Indian Affairs
                                               caused by covered activities, as well as                from, the development of energy and                   • Assistant Secretary—Land and
                                               steps to monitor the effects of the HCP.                mineral resources on Federal and Indian                  Minerals Management
                                               Annual monitoring, as well as                           lands.                                                • Director, Bureau of Indian Affairs
                                               coordination and reporting mechanisms,                  DATES: Nominations for the Committee                  • Director, Bureau of Land Management
                                               have been designed to ensure that                       must be submitted by November 2,                      • Director, Office of Natural Resources
                                               changes in the conservation measures                    2018.                                                    Revenue
                                               via adaptive management can be                                                                                • Director, Bureau of Ocean Energy
                                                                                                       ADDRESSES: You may submit
                                               implemented if proposed measures                                                                                 Management
                                                                                                       nominations by any of the following                   • Director, Bureau of Safety and
                                               prove ineffective.
                                                                                                       methods:                                                 Environmental Enforcement
                                                 Considerations relied upon for the ITP                   • Mail or hand-carry nominations to
                                               decision include whether (1) the                        Mr. Chris Mentasti, Department of the                    These officials may designate a senior
                                               proposed mitigation will benefit the                    Interior, Office of Natural Resources                 official to act on their behalf.
                                               covered species, (2) adaptive                           Revenue, 1849 C Street NW, MS 5134,                      Non-Federal Members: The Secretary
                                               management of the conservation                          Washington, DC 20240; or                              may appoint members in the following
                                               measures will insure that the goals and                    • Email nominations to: RPC@                       categories:
                                               objectives of the HCP are realized, (3)                 ios.doi.gov.                                             • Members representing the
                                               conservation measures will protect and                                                                        Governors of States that receive more
                                                                                                       FOR FURTHER INFORMATION CONTACT: Ms.
                                               enhance habitat, (4) mitigation measures                                                                      than $10,000,000 annually in royalty
                                                                                                       Jennifer Malcolm, Office of Natural                   revenues from onshore and offshore
                                               will fully offset anticipated impacts to
                                                                                                       Resources Revenue, telephone at (202)                 Federal leases.
                                               the covered species and facilitate
                                                                                                       208–3938; email to Jennifer.Malcolm@                     • Members representing the Indian
                                               recovery, and (5) the HCP is consistent
                                                                                                       onrr.gov.                                             Tribes that are engaged in activities
                                               with the covered species’ recovery
                                               plans.                                                  SUPPLEMENTARY INFORMATION: The                        subject to: The Act of May 11, 1938
                                                                                                       Committee is established under the                    (commonly known as the ‘‘Indian
                                               Authority                                               authority of the Secretary of the Interior            Mineral Leasing Act of 1938’’) (25
                                                  We provide this notice in accordance                 (Secretary) and regulated by the Federal              U.S.C. 396a et seq.); Title XXVI of the
                                               with the requirements of section 10(c) of               Advisory Committee Act (FACA), as                     Energy Policy Act of 1992 (25 U.S.C.
                                               the ESA (16 U.S.C. 1531, 1539(c)) and                   amended (5 U.S.C. Appendix 2). The                    3501 et seq.); The Indian Mineral
                                               its implementing regulations (50 CFR                    Secretary seeks to ensure that the public             Development Act of 1982 (25 U.S.C.
                                               17.22 and 17.32) and NEPA (42 U.S.C.                    receives the full value of the natural                2101 et seq.); and any other law relating
                                               4321 et seq.) and its implementing                      resources produced from Federal lands.                to mineral development that is specific
                                               regulations (40 CFR 1506.6; 43 CFR part                 The duties of the Committee are solely                to one or more Indian Tribes.
                                               46). The Service has made its decision                  advisory in nature. The Committee will,                  • Members representing various
                                               to issue an ITP to Na Pua Makani Power                  at the request of the Designated Federal              mineral and/or energy stakeholders in
                                               Partners, LLC for the take of seven                     Officer (DFO), advise on current and                  Federal and Indian royalty policy.
daltland on DSKBBV9HB2PROD with NOTICES




                                               species in accordance with their HCP.                   emerging issues related to the                           • Members representing academia
                                                                                                       determination of fair market value, and               and public interest groups.
                                               Theresa E. Rabot,                                       the collection of revenue from energy                    Nominations should include a resume
                                               Deputy Regional Director, Pacific Region, U.S.          and mineral resources on Federal and                  providing an adequate description of the
                                               Fish and Wildlife Service.                              Indian lands. The Committee also will                 nominee’s qualifications, including
                                               [FR Doc. 2018–21457 Filed 10–2–18; 8:45 am]             advise on the potential impacts of                    information that would enable DOI to
                                               BILLING CODE 4333–15–P                                  proposed policies and regulations                     make an informed decision regarding


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Document Created: 2018-10-03 02:29:35
Document Modified: 2018-10-03 02:29:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; record of decision.
ContactMr. Aaron Nadig (Deputy Field Supervisor), by telephone at 808-792-9400, by Federal Relay Service at 800-877-8339, or by mail to the U.S. Fish and Wildlife Service (see
FR Citation83 FR 49941 

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