[House Report 115-312]
[From the U.S. Government Publishing Office]


115th Congress }                                          { REPORT
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 115-312

======================================================================
 
  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.
---------------------------------------------------------------------------
    \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]