[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3297 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3297

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2018

    Mr. Lee introduced the following bill; which was read twice and 
       referred to the Committee on Energy and 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 ``Washington County, Utah, Public Land 
Act''.

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 established by section 
        1975(c) of the Omnibus Public Land Management Act of 2009 (16 
        U.S.C. 460xxx(c)).
            (2) County.--The term ``County'' means Washington County, 
        Utah.
            (3) Desert tortoise habitat conservation plan.--The term 
        ``Desert Tortoise Habitat Conservation Plan'' means the 
        conservation plan entitled ``Washington County Habitat 
        Conservation Plan'' and dated February 23, 1996.
            (4) Red cliffs national conservation area.--The term ``Red 
        Cliffs National Conservation Area'' means the Red Cliffs 
        National Conservation Area established by section 1974(c) of 
        the Omnibus Public Land Management Act of 2009 (16 U.S.C. 
        460www(c)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Utah.
            (7) Unit of local government.--The term ``unit of local 
        government'' means--
                    (A) the County;
                    (B) St. George City, Utah; and
                    (C) any other political subdivision of the State, 
                including--
                            (i) any municipality of the State within 
                        the geographical boundary of the County with 
                        authority over local planning and zoning; and
                            (ii) the Washington County Water 
                        Conservancy District.
            (8) Utility.--The term ``utility'' means any existing or 
        new site, right-of-way, permit, grant, infrastructure, edifice, 
        facility, or any other component that provides a public service 
        (including water, electricity, gas, sewage, or communications 
        service).
            (9) Utility development protocols.--The term ``Utility 
        Development Protocols'' means the Red Cliffs Desert Reserve 
        development protocols for projects agreement approved by the 
        County, the Bureau of Land Management, and the United States 
        Fish and Wildlife Service for the construction, operation, 
        maintenance, and replacement of utilities within the Red Cliffs 
        Desert Reserve and 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.--On receipt from the County of a proposal to amend 
and renew the Desert Tortoise Habitat Conservation Plan to include an 
additional 6,865-acre desert tortoise reserve zone identified as the 
Red Cliffs Desert Reserve-Zone 6 on the 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 this Act and applicable law--
            (1) approve the amendment; and
            (2) renew, for a period of 25 years--
                    (A) the Desert Tortoise Habitat Conservation Plan; 
                and
                    (B) the permit issued under the Endangered Species 
                Act of 1973 (16 U.S.C. 1531 et seq.) for the Desert 
                Tortoise Habitat Conservation Plan.
    (b) Map and Legal Description.--
            (1) In general.--As soon as practicable 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 reserve zone 
        described in subsection (a).
            (2) Errors.--The map and legal description submitted under 
        paragraph (1) 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) Availability.--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 reserve zone described in subsection (a) shall be facilitated by 
the County as part of, and in accordance with, the Desert Tortoise 
Habitat Conservation Plan.
    (d) Management of Federal Land.--The Secretary shall manage Federal 
land within the reserve zone described in subsection (a)--
            (1) in a manner consistent with the purposes of the Red 
        Cliffs Desert Tortoise Reserve; and
            (2) to enhance the natural values of the land comprising 
        the reserve zone, including wildlife habitat and the 
        recreational, cultural, educational, and scientific values of 
        the land.
    (e) Amendment of St. George Field Office Resource Management 
Plan.--
            (1) In general.--The Secretary, in consultation with units 
        of local government, shall amend the St. George Field Office 
        Resource Management Plan to provide for management of Federal 
        land within the reserve zone described in subsection (a).
            (2) Amendment requirements.--The amendment under paragraph 
        (1) shall--
                    (A) provide for the management of species in the 
                reserve zone described in subsection (a) in accordance 
                with the Desert Tortoise Habitat Conservation Plan;
                    (B) include the utility protocols entitled 
                ``Development Protocols for Projects Within the Red 
                Cliffs Desert Reserve and/or Incidental Take Areas'' 
                and dated August 1, 2006 (as amended); and
                    (C) provide for the management of recreational 
                activities in accordance with the Desert Tortoise 
                Habitat Conservation Plan 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.
            (3) Adoption of amendment.--The Secretary shall adopt the 
        amendment to the St. George Field Office Resource Management 
        Plan within 2 years after receipt of the proposal of the County 
        to amend and renew the Desert Tortoise Habitat Conservation 
        Plan including the reserve zone described in subsection (a).
    (f) Provision of Mitigation Credits.--The Secretary shall manage 
the reserve zone described in subsection (a) 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 
corridor described in section 5(e).
    (g) Mitigation Credits in Renewed Take Permit.--In the permit 
renewed under subsection (a)(2)(B), the County shall receive mitigation 
credit for--
            (1) the tortoises protected on non-Federal land in the 
        reserve zone described in subsection (a); and
            (2) in annual installments, any tortoises successfully 
        translocated and surviving in the reserve zone described in 
        subsection (a), based on survivorship and juvenile recruitment 
        estimates, as determined by the United States Fish and Wildlife 
        Service.
    (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.

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

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall amend each of the resource management plans for the 
Beaver Dam Wash National Conservation Area and 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; and
            (3) consistent with this Act.

SEC. 5. RED CLIFFS NATIONAL CONSERVATION AREA.

    (a) Boundary; Map and Legal Description.--
            (1) Boundary.--The Red Cliffs National Conservation Area 
        shall consist of the approximately 45,000 acres of public land 
        and non-Federal land in the County depicted on the map entitled 
        the ``Red Cliffs National Conservation Area Management Map'' 
        and dated February 23, 2018.
            (2) Map and legal description.--
                    (A) In general.--As soon as practicable 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 land described in paragraph 
                (1).
                    (B) Errors.--The map and legal description 
                submitted under subparagraph (A) 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 legal 
                description.
                    (C) Availability.--A copy of the map and legal 
                description submitted under subparagraph (A) 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 land a 150-foot-wide transportation 
utility corridor in each direction from the centerline of State Route 
18 through the Red Cliffs National Conservation Area.
    (c) Utility Development Protocols for Habitat Conservation Plan.--
The Secretary shall comply with the Utility Development Protocols with 
respect to the management of new and existing utilities in the Red 
Cliffs National Conservation Area.
    (d) Acquisition of Water Rights in the Red Cliffs National 
Conservation Area.--The Secretary may only acquire water rights in the 
Red Cliffs National Conservation Area--
            (1) if permitted by State law; and
            (2) to ensure adequate management of the designated areas 
        for campgrounds, visitor facilities, and other recreational 
        uses.
    (e) Northern Transportation and Utility Corridor.--The Secretary 
shall grant to the State or one or more units of local government a 
300-foot-wide right-of-way for the northern transportation and utility 
route required under section 1977(b)(2)(A) of the Omnibus Public Land 
Management Act of 2009 (Public Law 111-11; 123 Stat. 1089), as depicted 
on the map entitled ``Red Cliffs National Conservation Area Management 
Map'' and 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 land a 150-foot-wide transportation and 
utility corridor in each direction from the centerline of old U.S. 
Highway No. 91 through the Beaver Dam Wash National Conservation Area.
    (b) Acquisition of Water Rights in the Beaver Dam Wash National 
Conservation Area.--The Secretary may only acquire water rights in the 
Beaver Dam Wash National Conservation Area--
            (1) if permitted by State law; and
            (2) to ensure adequate management of the designated areas 
        for campgrounds, visitor facilities, and other recreational 
        uses.
    (c) Utility Development Protocols.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall adopt utility development protocols for the construction, 
        operation, maintenance, and replacement of utilities in the 
        Beaver Dam Wash National Conservation Area that are not more 
        restrictive than the Utility Development Protocols.
            (2) Applicable law.--The utility development protocols 
        adopted under paragraph (1) 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 in the 
        Beaver Dam Wash National Conservation Area.
    (d) Preservation of Existing Utilities and Grazing Permits.--Access 
to utilities and grazing permits and maintenance of utilities that are 
located in the Beaver Dam National Wash National Conservation Area 
shall be preserved.

SEC. 7. ACQUISITION OF NON-FEDERAL LAND IN THE BEAVER DAM WASH NATIONAL 
              CONSERVATION AREA, THE RED CLIFFS NATIONAL CONSERVATION 
              AREA, AND THE RED CLIFFS DESERT RESERVE-ZONE 6.

    On the request of the owner of non-Federal land located in the 
Beaver Dam Wash National Conservation Area, the Red Cliffs National 
Conservation Area, or the reserve zone described in section 3(a), the 
Secretary shall seek to acquire through an exchange carried out in 
accordance with section 309 of division I of the Omnibus Parks and 
Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 
4137) the non-Federal land as soon as practicable after the date on 
which the Secretary receives the request from the owner.
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