62850 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 

Habitat for Humanity International, 121 Habitat Street, Americus, GA 31709 ................................................................................... 11,239,741 

Total .............................................................................................................................................................................................. 26,500,000 

These non-profit organizations 

propose to distribute SHOP funds to 

several hundred local affiliates that will 

acquire and prepare the land for 

construction, select homebuyers, 

coordinate the homebuyer sweat equity 

and volunteer efforts, and assist in the 

arrangement of interim and permanent 

financing for the homebuyers. 

Dated: October 6, 2010. 

Mercedes Ma ́ rquez, 

Assistant Secretary for Community Planning 

and Development. 

[FR Doc. 2010–25764 Filed 10–12–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2010–N130; 10120–1112– 

0000–F2] 

Endangered and Threatened Wildlife 

and Plants; Permit; Habitat 

Conservation Plan for Operation and 

Maintenance of Existing and Limited 

Future Facilities associated With the 

Kaua‘i Island Utility Cooperative on 

Kaua‘i, Hawai‘i 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability of a draft 

habitat conservation plan, draft 

implementing agreement, draft 

environmental assessment, and a permit 

application; request for comments. 

SUMMARY: The Kaua‘i Island Utility 

Cooperative (KIUC) (Applicant) has 

submitted an application to the U.S. 

Fish and Wildlife Service (Service) for 

an incidental take permit (permit) under 

the Endangered Species Act of 1973, as 

amended (ESA). The Applicant is 

requesting a permit to authorize 

incidental take of the federally 

endangered Hawaiian petrel 

(Pterodroma sandwichensis), the 

federally threatened Newell’s 

(Townsends) shearwater (Puffinus 

auricularis newelli), and the bandrumped storm-petrel (Oceanodroma 

castro), a Federal candidate species that 

could become listed during the term of 

the permit (collectively, these three 

species are hereafter referred to as the 

‘‘Covered Species’’). The permit 

application includes a draft Habitat 

Conservation Plan (HCP) that describes 

the Applicant’s actions and the 

measures the Applicant will implement 

to minimize, mitigate, and monitor 

incidental take of the Covered Species, 

and a draft Implementing Agreement 

(IA). The Service also announces the 

availability of a draft Environmental 

Assessment (EA) that has been prepared 

to evaluate the permit application in 

accordance with the requirements of the 

National Environmental Policy Act 

(NEPA). We are making the permit 

application package and draft EA 

available for public review and 

comment. 

DATES: All comments from interested 

parties must be received on or before 

November 29, 2010. 

ADDRESSES: Please address written 

comments to Loyal Mehrhoff, Project 

Leader, Pacific Islands Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

300 Ala Moana Boulevard, Room #3– 

122, Honolulu, HI 96850. You may also 

send comments by facsimile to (808) 

792–9580. 

FOR FURTHER INFORMATION CONTACT: Bill 

Standley, Fish and Wildlife Biologist, 

U.S. Fish and Wildlife Service (see 

ADDRESSES above), telephone (808) 792– 

9400. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

You may request copies of the permit 

application, which includes the draft 

HCP, draft IA, and EA, by contacting the 

Service’s Pacific Islands Fish and 

Wildlife Office (see FOR FURTHER

INFORMATION CONTACT above). These 

documents are also available 

electronically for review on the 

Service’s Pacific Islands Fish and 

Wildlife Office Web site at http:// 

www.fws.gov/pacificislands. Comments 

and materials we receive, as well as 

supporting documentation we used in 

preparing the NEPA document, will 

become part of the public record and 

will be available for public inspection, 

by appointment, during regular business 

hours. Before including your address, 

phone number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

We specifically request information 

from the public on whether the 

application meets the statutory and 

regulatory requirements for issuing a 

permit, and identification of any 

impacts on the human environment that 

should have been analyzed in the draft 

EA. We are also soliciting information 

regarding the adequacy of the HCP to 

minimize, mitigate, and monitor the 

proposed incidental take of the Covered 

Species and to provide for adaptive 

management, as evaluated against our 

permit issuance criteria found in section 

10(a) of the ESA, 16 U.S.C. 1539(a), and 

50 CFR 13.21, 17.22, and 17.32. In 

compliance with section 10(c) of the 

ESA, we are making the permit 

application package available for public 

review and comment for 45 days (see 

DATES section above). 

Background 

Section 9 of the ESA (16 U.S.C. 1531 

et seq.) and Federal regulations prohibit 

the take of fish and wildlife species 

listed as endangered or threatened. The 

term ‘‘take’’ means to harass, harm, 

pursue, hunt, shoot, wound, kill, trap, 

capture, or collect, or to attempt to 

engage in any such conduct (16 U.S.C. 

1538). However, under section 10(a) of 

the ESA, we may issue permits to 

authorize incidental take of listed fish 

and wildlife species. Incidental take is 

defined as take that is incidental to, and 

not the purpose of, carrying out an 

otherwise lawful activity. Regulations 

governing incidental take permits for 

threatened and endangered species are 

found at 50 CFR 17.32 and 17.22. If 

issued, the permittee would receive 

assurances under the Service’s ‘‘No 

Surprises’’ regulations at 50 CFR 

17.32(b)(5) and 50 CFR 17.22(b)(5). 

KIUC is a utility cooperative that 

generates and distributes electricity to 

the entire island of Kaua‘i, Hawai‘i. 

KIUC developed a draft HCP that 

addresses incidental take of the three 

Covered Species caused by the 

operation and maintenance of KIUC’s 

existing and anticipated facilities over a 

period of up to 5 years. 

The three Covered Species are 

seabirds that breed on Kaua‘i and feed 

in the open ocean. Each of the Covered 

Species spends a large part of the year 

at sea. Adults generally return to their 

colonial nesting grounds in the interior 

mountains of Kaua‘i beginning in March 

and April, and depart beginning in 

September. Fledglings (i.e., young birds 

learning how to fly) travel from the 

nesting colony to the sea in the fall. 

Both adults and fledglings are known to 

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Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 62851 

collide with tall buildings, towers, 

power lines, and other structures while 

flying at night between their nesting 

colonies and at-sea foraging areas. These 

birds, and particularly fledglings, are 

also attracted to bright lights. 

Disoriented birds are commonly 

observed circling repeatedly around 

exterior light sources until they fall to 

the ground or collide with structures. 

In an effort to address some of the 

immediate impacts to the Covered 

Species by KIUC’s existing facilities, the 

Service and KIUC entered into a 

Memorandum of Agreement (MOA) in 

November 2002, and again in January 

2005. Under the MOAs, KIUC agreed to 

implement interim conservation 

measures (ICMs) to reduce the impacts 

of its facilities on the Covered Species 

while long-term conservation actions 

are being developed in a HCP. The ICMs 

include shielding streetlights on KIUC 

power poles to minimize disorientation 

of seabirds caused by lights and funding 

the State’s ‘‘Save Our Shearwaters’’ 

(SOS) program to rescue downed 

fledglings. The 2005 MOU expired in 

June 2006. 

Proposed Plan 

The draft HCP covers KIUC activities 

within all areas on Kaua‘i where its 

facilities (e.g., generating stations, 

power lines, utility poles, lights) are 

located. These activities include the 

continuing operation, maintenance, and 

repair of all existing facilities, and the 

construction, operation, maintenance, 

and repair of certain new facilities, 

during the term of the incidental take 

permit. The draft HCP describes the 

impacts of take incidental to those 

activities on the Covered Species, and 

proposes certain measures to minimize 

and mitigate the impacts of such take on 

each of the Covered Species. The 

Applicant has also applied for a State of 

Hawaii incidental take license under 

Hawaii state law. 

KIUC is proposing mitigation 

measures that include: (1) Fully funding 

implementation of the SOS Program; (2) 

funding Covered Species colony 

management and predator control in the 

Limahuli Valley; (3) funding Covered 

Species colony management and 

predator control in the Hono o Na Pali 

Natural Area Reserve; (4) updating 

estimates of at-sea Covered Species 

populations; (5) funding a 2-year 

auditory survey to locate additional 

Covered Species breeding colonies; (6) 

funding development and 

implementation of an under-line 

monitoring program aimed at better 

understanding the amount of take of 

Covered Species caused by overhead 

utility structures; and (7) funding 

Covered Species colony management 

and predator control in the Wainiha 

Valley or other suitable location during 

the fourth and fifth year of the permit. 

The work that KIUC proposes to carry 

out is intended to enhance our 

knowledge of the Covered Species’ 

biology and distribution and improve 

these species’ chances of reproductive 

success to offset the impacts of take 

caused by KIUC activities. The HCP also 

includes adaptive management 

provisions to allow for modifications to 

the mitigation and monitoring measures 

as knowledge is gained during their 

implementation. 

We invite comments and suggestions 

from all interested parties and request 

that comments be as specific as 

possible. In particular, we request 

information and comments regarding 

the following issues: 

(1) The direct, indirect, and 

cumulative effects that implementation 

of any reasonable alternatives could 

have on endangered and threatened 

species; 

(2) Other reasonable alternatives 

consistent with the purpose of the 

proposed HCP as described above, and 

their associated effects; 

(3) Measures that would minimize 

and mitigate potentially adverse effects 

of the proposed action; 

(4) Adaptive management or 

monitoring provisions that may be 

incorporated into the alternatives, and 

their benefits to listed species; 

(5) Other plans or projects that might 

be relevant to this action; 

(6) The proposed term of the 

Incidental Take Permit and whether the 

proposed conservation program would 

sufficiently minimize and mitigate the 

incidental take that would be expected 

to occur over 5 years; and 

(7) Any other information pertinent to 

evaluating the effects of the proposed 

action on the human environment. 

The draft EA considers the direct, 

indirect, and cumulative effects of the 

proposed action of permit issuance, 

including the measures that will be 

implemented to minimize and mitigate 

such impacts. The EA contains an 

analysis of three alternatives: (1) No 

Action (no permit issuance and the 

status quo in terms of KIUC’s actions 

with respect to incidental take of 

Covered Species); (2) issuance of an 

incidental take permit to KIUC on the 

basis of its proposed HCP; and (3) 

issuance of a 3-year permit based on 

implementation of the proposed HCP. 

This notice is provided pursuant to 

section 10(c) of the ESA and NEPA 

regulations (40 CFR 1506.6). The public 

process for the proposed Federal action 

will be completed after the public 

comment period, at which time we will 

evaluate the permit application, the 

HCP and associated documents 

(including the EA), and comments 

submitted thereon to determine whether 

or not the proposed action meets the 

requirements of section 10(a) of the ESA 

and has been adequately evaluated 

under NEPA. 

Dated: September 17, 2010. 

Theresa E. Rabot, 

Acting Deputy Regional Director. 

[FR Doc. 2010–25707 Filed 10–12–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

National Register of Historic Places; 

Notification of Pending Nominations 

and Related Actions 

Nominations for the following 

properties being considered for listing 

or related actions in the National 

Register were received by the National 

Park Service before September 18, 2010. 

Pursuant to section 60.13 of 36 CFR Part 

60, written comments are being 

accepted concerning the significance of 

the nominated properties under the 

National Register criteria for evaluation. 

Comments may be forwarded by United 

States Postal Service, to the National 

Register of Historic Places, National 

Park Service, 1849 C St., NW., MS 2280, 

Washington, DC 20240; by all other 

carriers, National Register of Historic 

Places, National Park Service,1201 Eye 

St., NW., 8th floor, Washington, DC 

20005; or by fax, 202–371–6447. Written 

or faxed comments should be submitted 

by October 28, 2010. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

J. Paul Loether, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

COLORADO 

Larimer County 

Soloman Batterson Ranch, 603 Mount Moriah 

Rd, Livermore, 10000860. 

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