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�J�tY of h��� '•,. <br /> •�`` .� <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> RESOLUTION NO. 135 13 <br /> RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO <br /> ENTER INTO AN AGREEMENT WITH THE U.S. DEPARTMENT OF <br /> THE INTERIOR FISH AND WILDLIFE SERVICE, PURSUANT TO HRS <br /> 46-7, TO MEET OBLIGATIONS IMPOSED BY THE ENDANGERED <br /> SPECIES ACT (ESA), SECTION 7 MITIGATION EFFORTS <br /> WHEREAS, the Endangered Species Act (ESA), Section 7 Endangered <br /> Species Act clearance is a requirement for the Ane Keohokalole Highway Project to <br /> receive federal construction funds; and <br /> WHEREAS, the Ane Keohokalole Highway Project encroached into a portion <br /> of the 3.43 acre Aupaka Preserve, located adjacent to the project and within the <br /> Kealakehe Ahupua`a; and <br /> WHEREAS, as a result of the encroachment indicated above, and in <br /> accordance with a letter from the Federal Highway Administration (FHWA) to the U.S. <br /> Department of the Interior of Fish and Wildlife Service (USFWS) dated March 10, <br /> 2010 the County of Hawaii must provide $35,000 to the USFWS; and <br /> WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that County <br /> departments obtain the consent of the council to enter into agreements with the <br /> federal or state governments respecting action to be taken pursuant to any of the <br /> powers granted by law to furnish, expend, and receive any funds or other assistance <br /> in connection with projects being or to be undertaken pursuant to those powers; now, <br /> therefore, <br />