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

<DOC>





                                                 Union Calendar No. 693
115th CONGRESS
  2d Session
                                H. R. 5597

                          [Report No. 115-896]

      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

                            August 10, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               24, 2018]


_______________________________________________________________________

                                 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) Map and Legal Description.--
            (1) As soon as practical after the date of enactment of 
        this Act, the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate an 
        official map and legal description of the parcel described in 
        subsection (a).
            (2) The map and legal description submitted under this 
        paragraph shall have the same force and effect as if included 
        in this Act, except that the Secretary may make minor 
        modifications of any clerical or typographical errors in the 
        map or the legal description.
            (3) A copy of the map and the legal description shall be on 
        file and available for public inspection in the appropriate 
        field offices of the Bureau of Land Management.
    (c) Management of Red Cliffs Desert Reserve, Zone 6.--Management of 
the Red Cliffs Desert Reserve, Zone 6 shall be facilitated by 
Washington County as part of and in conformity with the provisions of 
the Desert Tortoise Habitat Conservation Plan, Washington County, Utah.
    (d) Management of Federal Lands.--
            (1) In general.--The Secretary shall manage Federal lands 
        within Zone 6 of the Desert Tortoise Habitat Conservation Plan, 
        Washington County, Utah, in a manner consistent with the 
        purposes of the Red Cliffs Desert Tortoise Reserve and to 
        enhance the natural values of such lands, including wildlife 
        habitat, and recreational, cultural, educational, and 
        scientific values of such lands.
            (2) Acquisition of non-federal land.--The Secretary, at the 
        request of the owner of the non-Federal lands located in the 
        Beaver Dam Wash National Conservation Area, the Red Cliffs 
        National Conservation Area, and the Red Cliffs Desert Reserve, 
        Zone 6, shall seek to acquire through exchange under the 
        Omnibus Parks and Public Lands Management Act of 1996 (Public 
        Law 104-333; 110 Stat. 4137 et seq.) or by purchase or 
        donation, those non-Federal lands as soon as practicable.
    (e) 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 recreational activities 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, hiking, biking, horseback 
                riding, and off-highway vehicle use on designated 
                trails and roads.
    (f) 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.
    (g) 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.
    (h) Adoption of Amendment.--The Secretary shall adopt the amendment 
to the St. George Field Office Resource Management Plan within two 
years after receipt of Washington County's proposal to amend and renew 
the Habitat Conservation Plan including the Red Cliffs Desert Reserve, 
Zone 6.
    (i) 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 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) Map and legal description.--
                    (A) As soon as practical after the date of 
                enactment of this Act, the Secretary shall submit to 
                the Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate an official map and legal 
                description of the parcel described in paragraph (1).
                    (B) The map and legal description submitted under 
                this paragraph shall have the same force and effect as 
                if included in this Act, except that the Secretary may 
                make minor modifications of any clerical or 
                typographical errors in the map or the legal 
                description.
                    (C) A copy of the map and the legal description 
                shall be on file and available for public inspection in 
                the appropriate field 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 only acquire 
water rights in the Red Cliffs National Conservation Area if permitted 
by State law, to ensure adequate management of the designated areas for 
campgrounds, visitor facilities, and for other recreational uses.
    (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 
Area 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 only 
acquire water rights in the Beaver Dam Wash National Conservation Area 
if permitted by State law, to ensure adequate management of the 
designated areas for campgrounds, visitor facilities, and for other 
recreational uses.
    (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.
                                                 Union Calendar No. 693

115th CONGRESS

  2d Session

                               H. R. 5597

                          [Report No. 115-896]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            August 10, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed