[House Report 115-312]
[From the U.S. Government Publishing Office]
115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
1st Session } { 115-312
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WASHINGTON COUNTY, UTAH, PUBLIC LANDS MANAGEMENT IMPLEMENTATION ACT
_______
September 14, 2017.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2423]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2423) to implement certain measures relating to
management of Washington County, Utah, required by Public Law
111-11, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 2423 is to implement certain measures
relating to management of Washington County, Utah, required by
Public Law 111-11.
BACKGROUND AND NEED FOR LEGISLATION
The Omnibus Public Land Management Act of 2009 (OPLMA,
Public Law 111-11) included several provisions that affected
public land management in Washington County, Utah. Title 1,
Subtitle O, of the Act designated 16 new wilderness areas;
released several Wilderness Study Areas; created the 44,725-
acre Red Cliffs National Conservation Area (NCA) and the
68,083-acre Beaver Dam Wash NCA; designated 165.5 miles of new
Wild and Scenic Rivers; authorized the Secretary of the
Interior to sell lands previously identified for disposal
within the County; authorized the Secretary of the Interior to
make cooperative grants with other governmental agencies to
conserve sensitive plant and animal species; conveyed certain
land for public purposes and land within the Dixie National
Forest; and transferred land into trust for the Shivwits Band
of Paiute Indians. In addition, OPLMA directed the Bureau of
Land Management (BLM) to develop a Washington County
Comprehensive Travel and Transportation and Management Plan
that identified ``1 or more alternatives for a northern
transportation route in the County.'' These provisions
reflected extensive negotiations and compromises between a
variety of stakeholders within Washington County to balance
conservation with the needs of the growing City of St. George.
To implement these provision, BLM began working on Resource
Management Plans (RMPs) for the Beaver Dam Wash and Red Cliffs
NCAs and began amending the St. George Field Office RMP. On
December 21, 2016, BLM finalized the Records of Decision for
the approved management plans.\1\ The final RMPs incorporated
components of the four alternatives considered during the
planning process, but primarily resembled Alternative B, BLM's
Preferred Alternative that ``emphasized resource protection
while allowing land uses that were consistent with NCA
purposes, current laws, Federal regulations, and agency
policies.''\2\ Despite repeated requests from the County and
City, the final RMPs did not include a northern transportation
route or any utility corridors.
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\1\81 FR 93707.
\2\81 FR 60731.
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The City of St. George's rapidly growing population is
straining current infrastructure and forcing local officials to
develop new transportation alternatives. According to data from
the U.S. Census Bureau, St. George ranks sixth nationwide in
fastest growing metro areas.\3\ The Utah Governor's office
expects Washington County's population to grow from 147,800 in
2013 to 334,800 by 2040.\4\ For over two decades, the County
worked on developing a transportation corridor north of St.
George to ease cross-town traffic congestion in anticipation of
this rapid projected population growth. City planners estimate
this route, which will connect the Washington Parkway to the
Snow Canyon Parkway, will carry more than 46,000 vehicles per
day by 2040 and reduce congestion on St. George Boulevard by
19,000 vehicles per day.\5\ Without the development of this
route, the current infrastructure in St. George will fail to
sustain the population's transportation needs within the next
two decades.
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\3\David DeMille, ``St. George among fastest-growing in U.S.'', USA
Today, 03/23/17, https://www.usatoday.com/story/news/2017/03/23/
population-estimates-st-george-among-fastest-growing-us/99531406/.
\4\Dixie Metropolitan Planning Organization, ``2015-2040 Regional
Transportation Plan'', 06/17/15, https://dixiempo.files.wordpress.com/
2016/03/full-document-_-final.pdf.
\5\Julie Applegate, ``Planners: Congestion inevitable, but northern
corridor would help'', St. George News, 04/26/17, https://
www.stgeorgeutah.com/news/archive/2017/04/26/jla-congestion-inevitable-
but-northern-corridor-would-help/#.WRtl0PnytGo.
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During the draft RMP phase, the U.S. Fish and Wildlife
Service (FWS) opposed the County's proposed northern
transportation route based on purported impacts to desert
tortoises in the area.\6\ However, County officials believe BLM
and FWS did not adequately consider studies pointing to a
minimal impact on desert tortoise habitat due to the road.\7\
In 2012, a study entitled ``Washington Parkway Study:
Integration of East-West Transportation Needs with Conservation
Objectives for Desert Tortoise in Washington County, Utah''
evaluated the effects of the transportation route outlined in
OPLMA on desert tortoise habitat in Washington County. The
study suggested several options to reduce the direct effects on
desert tortoise habitat, including fencing, wildlife crossings,
or pipe culverts or bridges to allow desert tortoise passage
under the road. The study found that incorporating
conservation-focused engineering techniques could ``reduce
habitat fragmentation and habitat loss, minimize direct
mortality, and control unlawful recreational access'' for the
desert tortoise.\8\ Furthermore, the study found that the
construction may even provide a net benefit to desert tortoise
conservation due to the closing of other roads and limiting
unauthorized access to ecologically sensitive areas.\9\
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\6\U.S. Fish and Wildlife Service comments on Bureau of Land
Management Resource Management Plans for the Red Cliffs and Beaver Dam
Wash National Conservation Areas and Proposed Amendments to the St.
George Field Office Resource Management Plan. November 16, 2015. Page
B-15.
\7\Washington County comments on the Bureau of Land Management
Resource Management Plans for the Red Cliffs and Beaver Dam Wash
National Conservation Areas and Proposed Amendments to the St. George
Field Office Resource Management Plan and Draft Environmental Impact
Statement. November 16, 2015. Addendum 1. Pages 6-7.
\8\Jacobs and Logan Simpson Design Inc., ``Washington Parkway
Study'', September 2012, https://dixiempo.files.wordpress.com/2012/12/
nwp_final_report.pdf.
\9\Ibid.
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In addition to the northern transportation route, the
County also needs utility corridors to support the growing
population in St. George. The County's Habitat Conservation
Plan (HCP) outlined the utility management plan that would
contain corridors to manage existing utility infrastructure and
create new electric power lines, water wells and water
lines.\10\ Despite being authorized in the HCP and language in
OPLMA protecting the utilities, BLM did not include the utility
corridors when finalizing its RMPs. Without the corridors to
create new infrastructure for utilities, St. George will
struggle to sustainably grow its economy and population.
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\10\Testimony of Commissioner Alan Gardner, Subcommittee on Federal
Lands Oversight Field Hearing on ``Ensuring Local Input, Legal
Consistency and Multi-Use Resource Management in St. George BLM
Planning'', http://naturalresources.house.gov/uploadedfiles/
testimony_gardner.pdf.
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When negotiating the relevant provisions of OPLMA, the
County pushed for the inclusion of a northern transportation
route and utility corridors in exchange for the new
conservation areas. It agreed to the provisions with the
assurance that BLM would authorize the route. The language in
OPLMA regarding the development of the northern transportation
route specifically requires the BLM to consult ``appropriate
Federal agencies, State, tribal, and local governmental
entities (including the County and St. George City,
Utah).''\11\ However, in a field hearing in St. George in
January 2016, Mayor Jon Pike stated that BLM ``excluded [the
City] (along with all other municipalities in the county) from
participating in the formulation of alternatives in the
RMPs.''\12\ After the field hearing, BLM continued to refuse to
amend the draft RMPs to include the northern transportation
route or utility corridor, despite multiple requests from
locally-elected officials in St. George and Washington County.
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\11\Public Law 111-11.
\12\Testimony of Mayor Jon Pike, Subcommittee on Federal Lands
Oversight Field Hearing on ``Ensuring Local Input, Legal Consistency
and Multi-Use Resource Management in St. George BLM Planning'', http://
naturalresources.house.gov/uploadedfiles/testimony_pike.pdf.
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H.R. 2423 directs the Secretary of the Interior to
implement the provisions of OPLMA related to the northern
transportation route and utility corridors that BLM excluded
from its RMPs. The language simply directs the Department of
the Interior to issue any necessary rights-of-way for the
northern transportation route and authorize the development of
utilities in accordance with the Washington County HCP. This
language reflects the compromises the County negotiated in good
faith with BLM eight years ago, before the passage of OPLMA,
and will allow the City of St. George to sustainably grow while
minimizing impacts to desert tortoise habitat.
COMMITTEE ACTION
H.R. 2423 was introduced on May 16, 2017, by Congressman
Chris Stewart (R-UT). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On May 23, 2017, the Subcommittee held a
hearing on the bill. On July 25, 2017, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. No amendments were offered,
and the bill was ordered favorably reported to the House of
Representatives by a roll call vote of 19 ayes to 15 nays on
July 26, 2017, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation and the Congressional Budget Act of
1974. With respect to the requirements of clause 3(c)(2) and
(3) of rule XIII of the Rules of the House of Representatives
and sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the enclosed cost estimate for
the bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 13, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2423, the
Washington County, Utah, Public Lands Management Implementation
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 2423--Washington County, Utah, Public Lands Management
Implementation Act
H.R. 2423 would direct the Bureau of Land Management (BLM)
to issue the necessary rights-of-way to allow for the
construction of a road north of St. George, Utah. The bill also
would direct the agency to authorize the development of
utilities in the Red Cliffs National Conservation Area.
Under H.R. 2423, BLM would not charge Washington County for
any rights-of-way issued for the construction of a road because
rights-of-way for activities that do not generate income are
exempt from such fees. However, any rights-of-way issued for
the construction of utilities would be subject to fees. Based
on information provided by BLM, CBO estimates that any fees
associated with the development of utilities in Washington
County would total less than $500,000 over the 2018-2027
period.
Because enacting the bill could increase offsetting
receipts, which are treated as reductions in direct spending,
pay-as-you-go procedures apply. Enacting the bill would not
affect revenues.
CBO estimates that enacting H.R. 2423 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 2423 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The bill would benefit the City of St. George in Washington
County, Utah, by granting rights-of-way for the construction of
a parkway through federal lands.
The CBO staff contacts for this estimate are Jeff LaFave
(for federal costs) and Jon Sperl (for intergovernmental
mandates). The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to implement certain measures
relating to management of Washington County, Utah, required by
Public Law 111-11.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
H.R. 2423 mandates construction of a road through a portion
of the Red Cliffs National Conservation Area (RCNCA) in
Washington County, Utah. Congress designated this area ``to
conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the ecological, scenic,
wildlife, recreational, cultural, historical, natural,
educational, and scientific resources of the National
Conservation Area.
Congress never intended to authorize a road through this
particular part of the county--the law is clear. Despite that
clarity, proponents of the bill misinterpret congressional
intent and fault the Bureau of Land Management for failing
authorize the road in the RCNCA planning documents. If Congress
wanted a road in a specific location, the law would have said
so.
RCNCA makes up about 70% of the Red Cliffs Desert Reserve,
which provides critical habitat for the endangered desert
tortoise, and was established over twenty years ago as part of
Washington County's multi-species Habitat Conservation Plan
(HCP).
The establishment of the reserve and the presence of the
HCP--both strengthened by congressionally designated wilderness
and the National Conservation Area--have allowed significant
development during a prosperous period of growth in Washington
County, while also providing significant conservation gains and
preventing the extinction of several species.
We are opposed to H.R. 2423 because it threatens the
balancing act between conservation and development and is a
misrepresentation of congressional intent; the purpose of the
RCNCA is conservation, not a conduit for traffic.
Raul M. Grijalva,
Ranking Member, Committee on
Natural Resources.
A. Donald McEachin.
Nanette Diaz Barragan.
Darren Soto.
Colleen Hanabusa.
Grace F. Napolitano.
[all]