[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 70021-70023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28934]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R6-R-2010-N257; 60138-1265-6CCP-S3]


South Dakota Prairie Winds Project; Partial Term Relinquishment 
and Release of Easement for Wind Energy Development; Record of Decision 
for the Final Environmental Impact Statement

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 the final environmental 
impact statement (FEIS) on the South Dakota Prairie Winds Project 
issued by the Department of Energy's Western Area Power Administration 
(Western), and the Department of Agriculture's Rural Utilities Service 
(RUS). Under the National Environmental Policy Act of 1969 (NEPA), as 
amended, and its implementing regulations, the Service participated as 
a cooperating agency in

[[Page 70022]]

the preparation and release of the FEIS. The purpose of this ROD is to 
document the Service's decision to release and relinquish certain 
easement rights for the construction, operation, and maintenance of the 
proposed wind energy generation facilities on lands in Aurora County 
and Brule County, South Dakota, on which the Service holds an easement 
for waterfowl habitat protection. The action selected by the Service 
corresponds with the proposed alternative of the FEIS.

DATES: The Regional Director of the Mountain-Prairie Region, U.S. Fish 
and Wildlife Service, signed the ROD on November 5, 2010. We will 
implement the ROD immediately upon publication of this notice.

ADDRESSES: You may view or obtain copies of the ROD/FEIS by any of the 
following methods:
    Web Site: Download a copy of the document(s) at http://www.fws.gov/mountain-prairie/SDPrairieWinds.
    E-mail: [email protected]. Include ``South Dakota Prairie 
Winds Project'' in the subject line of the message.
    U.S. Mail: Michael Bryant, Project Leader, Lake Andes NWR Complex, 
38672 291st St., Lake Andes, SD 57356.
    In-Person Viewing or Pickup: Call Project Leader Michael Bryant, 
Lake Andes NWR Complex, at 605 487-7603 to make an appointment during 
regular business hours at Lake Andes NWR Complex, 38672 291st St., Lake 
Andes, SD 57356.

FOR FURTHER INFORMATION CONTACT: Project Leader Michael Bryant, Lake 
Andes NWR Complex, 38672 291st St., Lake Andes, SD 57356; 605 487-7603 
(phone).

SUPPLEMENTARY INFORMATION: With this notice, we finalize the Service's 
portion of the NEPA (42 U.S.C. et seq.) process for the South Dakota 
Prairie Winds (SDPW) Project. Western and RUS issued the FEIS on the 
SDPW Project in response to a request from Prairie Winds, SD1, 
Incorporated (PW SD1), a wholly owned subsidiary of Basin Electric 
(Basin), to interconnect with the transmission system owned and 
operated by Western. Basin has requested financing for the project from 
the RUS. PW SD1 has also submitted an application to the Service to 
locate a portion of the project (6 out of 108 turbines) on lands on 
which the Service holds an easement for waterfowl habitat protection 
(grassland easement). The application required an action on the part of 
the Service. The Service participated as a cooperating agency in the 
preparation of the EIS by providing Western and RUS with resource 
impact information, maps, and site locations of waterfowl habitat 
easement properties within the project area. The Departments of Energy 
and Agriculture published the notice of intent to prepare an EIS for 
the SDPW Project and to conduct scoping meetings on April 7, 2009 (74 
FR 15718), in the Federal Register. The draft EIS was released to the 
public and public comments were solicited in an Environmental 
Protection Agency notice of availability in the Federal Register notice 
on January 15, 2010 (75 FR 2540). The notice of availability of the 
Final EIS was published in a Federal Register Notice on July 30, 2010 
(75 FR 44951).

Background

    The purpose of the SDPW Project is to develop a technically 
feasible and economically viable wind-powered electrical generation 
resource using identified wind resources in Jerauld, Aurora, and Brule 
Counties in South Dakota. The project is designed to meet a portion of 
the projected increase in regional demands for electricity produced 
from renewable resources. Several States within Basin Electric's 
service territory, including Colorado, Minnesota, Montana, North 
Dakota, and South Dakota, have adopted Renewable Energy Objectives 
(REOs) that require renewable generation to meet a certain percentage 
of retail sales. The REOs adopted in the various States include both 
mandatory and voluntary goals that range from 10 to 25 percent of 
energy production to be generated or procured from an eligible energy 
technology by a specified deadline. Deadlines for compliance range from 
2015 to 2025.

Public Involvement

    Western and RUS employed various methods to provide information to 
the public and solicit input. The Agencies invited Federal, State, 
local, and tribal governments; Basin Electric; and other interested 
groups and persons to participate in defining the scope of the EIS. 
Venues for participation included two scoping meetings on April 28 and 
April 29, 2009, and one interagency meeting.
    In addition to receiving comments at meetings, the agencies invited 
interested individuals to submit written comments via mail, fax, e-mail 
and/or the project website. The agencies continue to invite public 
input on the implementation of the ROD, which is available immediately.

Findings and Basis for Decision

    Upon careful consideration of concerns and issues, Service 
guidelines and other appropriate laws and regulations, and with 
consideration for the need for and alternatives to this project, the 
Service has decided to accept the Crow Lake Alternative (Preferred 
Alternative) and release and relinquish certain easement rights for the 
construction, operation, and maintenance of proposed wind energy 
generation facilities on impacted lands in Aurora County and Brule 
County, South Dakota, on which the Service holds an Easement for 
Waterfowl Habitat Protection. Specifically, the Service will release 
and relinquish certain easement rights on 25.65 acres of land protected 
by grassland easement in exchange for easements of equal or greater 
habitat and monetary value on currently unprotected lands elsewhere.
    The alternatives for the Prairie Winds Project are described in 
detail in the EIS. Alternatives that were developed were: No Action 
Alternative (i.e., wind turbines would have to be sited on lands not 
encumbered with Service easements, or the project would not be built); 
the Winner Alternative, which would involve the installation of wind 
turbines on 261 acres within an area of approximately 83,000 acres 
containing no Service easements; and the Crow Lake Alternative 
(Preferred Alternative), which would involve the installation of wind 
turbines on 131 acres within an area of approximately 36,000 acres. The 
primary basis for selection of the Crow Lake Alternative over the 
Winner Alternative was the greater overall habitat impacts, including 
impacts to the endangered American burying beetle, associated with the 
Winner Alternative.
    The ROD documents the measures adopted to minimize the 
environmental impacts of the SDPW Project, including the acquisition of 
replacement acres; the preparation of a decommission plan; the 
requirement of a letter of credit to guarantee financing of the 
decommission plan; and the implementation of measures to protect 
wetlands and grassland-dependent wildlife, vegetation, cultural 
resources, and threatened and endangered species.
    The development of the South Dakota Prairie Winds Project EIS and 
this decision are guided by, and authorized under, several laws, 
regulations, and Service policies, described as follows: The National 
Environmental Policy Act of 1969, as amended, requires environmental 
analysis of actions proposed by Federal agencies. The Council on 
Environmental Quality's regulations implementing NEPA at 40 CFR 1501.6 
provide for the participation of another Federal action agency as a 
cooperating agency in the development of an Environmental Assessment or

[[Page 70023]]

Environmental Impact Statement. In this instance, the Service has 
elected to be a Cooperating Agency to the Western and the RUS. The 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, 
provides for the conservation and recovery of listed species of plants 
and animals native to the United States and its territories. Section 7 
of the Endangered Species Act requires Federal agencies to insure that 
any action authorized, funded, or carried out by them is not likely to 
jeopardize the continued existence of listed species or modify their 
critical habitat. The Migratory Bird Treaty Act (MBTA) prohibits the 
taking of any migratory birds without authorization from the Secretary 
of the Interior. The regulations of the National Wildlife Refuge System 
Administration Act of 1997, 16 U.S.C. 668dd-ee, require uses of the 
National Wildlife Refuge System (System) to be compatible.

    Dated: November 5, 2010.
Stephen Guertin,
Regional Director, Region 6..
[FR Doc. 2010-28934 Filed 11-15-10; 8:45 am]
BILLING CODE 4310-55-P