[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5597 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5597

      To provide for the expansion of the Desert Tortoise Habitat 
              Conservation Plan, Washington County, Utah.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 2018

 Mr. Stewart introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
      To provide for the expansion of the Desert Tortoise Habitat 
              Conservation Plan, Washington County, Utah.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Desert Tortoise Habitat Conservation 
Plan Expansion Act, Washington County, Utah''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Beaver dam wash national conservation area.--The term 
        ``Beaver Dam Wash National Conservation Area'' means the Beaver 
        Dam Wash National Conservation Area as established by the 
        Omnibus Public Lands Management Act of 2009 (Public Law 111-
        11).
            (2) Desert tortoise habitat conservation plan.--The term 
        ``Desert Tortoise Habitat Conservation Plan, Washington County, 
        Utah'' means the Washington County Habitat Conservation Plan 
        signed February 23, 1996, by the United States Fish and 
        Wildlife Service, Bureau of Land Management, the State of Utah, 
        Washington County, Utah, and Ivins City, Utah.
            (3) Red cliffs national conservation area.--The term ``Red 
        Cliffs National Conservation Area'' means the Red Cliffs 
        National Conservation Area as established by the Omnibus Public 
        Lands Management Act of 2009 (Public Law 111-11).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Unit of local government.--The term ``unit of local 
        government'' means Washington County, St. George City, and 
        other political subdivisions of the State of Utah, including 
        municipalities of the State of Utah within the geographical 
        boundaries of Washington County with authority over local 
        planning and zoning and the Washington County Water Conservancy 
        District.
            (6) Utility.--The term ``utility'' means existing or new 
        sites, rights-of-way, permits, grants, infrastructure, 
        edifices, facilities, and any other components that provide 
        public services including, but not limited to, water, 
        electricity, gas, sewage, and communications.
            (7) Utility development protocols.--The term ``utility 
        development protocols'' means the Red Cliffs Desert Reserve 
        Development Protocols for Projects agreement approved by 
        Washington County, Bureau of Land Management, and United States 
        Fish and Wildlife Service for the construction, operation, 
        maintenance, and replacement of utilities within the Red Cliffs 
        Desert Reserve and/or Incidental Take Areas dated August 1, 
        2006, as amended.

SEC. 3. AMENDMENT AND RENEWAL OF THE DESERT TORTOISE HABITAT 
              CONSERVATION PLAN, WASHINGTON COUNTY, UTAH.

    (a) In General.--Upon receipt from Washington County, Utah, of a 
proposal to amend and renew the Desert Tortoise Habitat Conservation 
Plan, Washington County, Utah that includes an additional 6,865 acre 
desert tortoise reserve zone named the Red Cliffs Desert Reserve, Zone 
6, as generally depicted on a map entitled ``Red Cliffs Desert Reserve, 
Zone 6'' and dated February 23, 2018, the Secretary shall, after 
coordination with units of local government and in accordance with the 
provisions of this Act and with applicable laws, approve such amendment 
and renew such plan and the permit under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) that was issued for such plan, for a 
period of 25 years.
    (b) Management of Red Cliffs Desert Reserve, Zone 6.--The Red 
Cliffs Desert Reserve, Zone 6 shall be managed by Washington County as 
part of and in conformity with the provisions of the Desert Tortoise 
Habitat Conservation Plan, Washington County, Utah.
    (c) Management of Federal Lands.--The Secretary shall manage 
Federal lands within Zone 6 of the Desert Tortoise Habitat Conservation 
Plan, Washington County, Utah to enhance the natural values of such 
lands, including wildlife habitat, and recreational, cultural, 
educational, and scientific values of such lands.
    (d) Amendment of St. George Field Office Resource Management 
Plan.--
            (1) In general.--The Secretary, in consultation with units 
        of local government including Washington County, shall amend 
        the St. George Field Office Resource Management Plan to provide 
        for management of Federal lands within the Red Cliffs Desert 
        Reserve, Zone 6 area.
            (2) Amendment requirements.--The amendment shall include--
                    (A) management of species in accordance with the 
                Desert Tortoise Habitat Conservation Plan, Washington 
                County, Utah;
                    (B) the utility development protocols as outlined 
                for the Red Cliffs Desert Reserve and/or Incidental 
                Take Areas dated August 1, 2006, as amended; and
                    (C) management of recreation in conformance with 
                the Desert Tortoise Habitat Conservation Plan, 
                Washington County, Utah for other zones in the Red 
                Cliffs Desert Reserve including rock climbing, 
                organized events approved by the Washington County 
                Habitat Conservation Advisory Committee, hiking, 
                biking, horseback riding, and off-highway vehicle use 
                on designated trails and roads.
    (e) Provision of Mitigation Credits.--The Secretary shall manage 
the Red Cliffs Desert Reserve, Zone 6 as a land bank to provide 
mitigation credits for future disturbances of the Red Cliffs Desert 
Reserve, including utility disturbances and the construction of the 
Northern Transportation Corridor identified in section 5.
    (f) Mitigation Credits in Renewed Take Permit.--In the permit 
extended under subsection (a), the Secretary shall credit Washington 
County as follows:
            (1) Washington County shall receive mitigation credit for 
        the tortoises protected on non-Federal lands in Zone 6; and
            (2) Washington County shall receive mitigation credit, in 
        yearly installments, for those tortoises successfully 
        translocated and surviving, based on survivorship and juvenile 
        recruitment estimates as determined by the United States Fish 
        and Wildlife Service.
    (g) Adoption of Amendment.--The Secretary shall adopt the amendment 
to the St. George Field Office Resource Management Plan within one year 
after receipt of Washington County's proposal to amend and renew the 
Habitat Conservation Plan including the Red Cliffs Desert Reserve, Zone 
6.
    (h) Habitat Conservation Plan Not Otherwise Affected.--Except as 
provided in this section, nothing in this Act otherwise limits, alters, 
modifies, or amends the Desert Tortoise Habitat Conservation Plan, 
Washington County, Utah.

SEC. 4. ADJUSTMENT TO RESOURCE MANAGEMENT PLANS AND CONSERVATION AREAS.

    Not later than one year after the date of enactment of this Act, 
the Secretary shall amend the resource management plans for the Beaver 
Dam Wash National Conservation Area, the Red Cliffs National 
Conservation Area, and the amendment to the St. George Field Office 
Resource Management Plan--
            (1) in accordance with section 202(c)(9) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(9));
            (2) in coordination and cooperation with units of local 
        government in the State of Utah including Washington County, 
        St. George City, and other political subdivisions, including 
        municipalities of the State of Utah within the geographical 
        boundaries of Washington County with authority over local 
        planning and zoning, and the Washington County Water 
        Conservancy District; and
            (3) consistent with the provisions of this Act.

SEC. 5. RED CLIFFS NATIONAL CONSERVATION AREA.

    (a) Boundaries and Public Access.--
            (1) In general.--The Red Cliffs National Conservation Area 
        shall consist of approximately 45,000 acres of public and non-
        Federal land in Washington County, Utah, identified on the Red 
        Cliffs National Conservation Area Management Map dated February 
        23, 2018.
            (2) Availability of map.--An updated map and legal 
        description of the Red Cliffs National Conservation Area shall 
        be on file and available for public inspection in the 
        appropriate offices of the Bureau of Land Management.
    (b) Preservation of Existing Utility Corridor.--The Secretary shall 
recognize on federally managed lands a 150-foot-wide transportation 
utility corridor in each direction from the centerline of SR 18 through 
the Red Cliffs National Conservation Area.
    (c) Utility Development Protocols for Habitat Conservation Plan.--
The Secretary shall adhere to the Utility Development Protocols dated 
August 1, 2006, as amended, within the Red Cliffs National Conservation 
Area and/or Incidental Take Area as the suitable mechanism for new and 
existing utility management within the Red Cliffs National Conservation 
Area.
    (d) Water Rights Associated With Acquired Land and Interests for 
Red Cliffs National Conservation Area.--The Secretary may not acquire 
any water rights in the Red Cliffs National Conservation Area or any 
water rights related to any land or interest in land in the Red Cliffs 
National Conservation Area.
    (e) Northern Transportation and Utility Corridor.--The Secretary of 
the Interior shall grant to the State of Utah or to one or more units 
of local government a 300 foot wide right-of-way for the northern 
transportation and utility route pursuant to section 1977(b)(2)(A) of 
Public Law 111-11 identified on the Red Cliffs National Conservation 
Act Management Map dated February 23, 2018.

SEC. 6. BEAVER DAM WASH NATIONAL CONSERVATION AREA.

    (a) Preservation of Existing Utility Corridor--The Secretary shall 
recognize on federally managed lands a 150-foot-wide transportation and 
utility corridor in each direction from the centerline of old US 91 
through the Beaver Dam Wash National Conservation Area.
    (b) Water Rights Associated With Acquired Land and Interests for 
Beaver Dam Wash National Conservation Area.--The Secretary may not 
acquire any water rights in the Beaver Dam Wash National Conservation 
Area or any water rights related to any land or interest in land in the 
Beaver Dam Wash National Conservation Area.
    (c) Utility Development Protocols.--The Secretary shall adopt 
utility development protocols for the construction, operation, 
maintenance, and replacement of utilities within the Beaver Dam Wash 
National Conservation Area that are no more restrictive than the Red 
Cliffs Desert Reserve Utility Development Protocols dated August 1, 
2006, as amended. The Beaver Dam Wash Utility Development Protocols 
shall comply with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), including the identification and consideration of 
potential impacts to fish and wildlife resources and habitat.
    (d) Preservation of Existing Utilities and Grazing Permits.--Access 
to utilities and grazing permits and maintenance of utilities that are 
located in Beaver Dam National Wash National Conservation Area, shall 
be preserved.
                                 <all>