[House Report 115-896]
[From the U.S. Government Publishing Office]


115th Congress     }                                 {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                 {        115-896

======================================================================



 
  DESERT TORTOISE HABITAT CONSERVATION PLAN EXPANSION ACT, WASHINGTON 
                              COUNTY, UTAH

                                _______
                                

August 10, 2018.--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. 5597]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5597) to provide for the expansion of the Desert 
Tortoise Habitat Conservation Plan, Washington County, Utah, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 5597 is to provide for the expansion of 
the Desert Tortoise Habitat Conservation Plan, Washington 
County, Utah.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 2009, President Obama signed Public Law 111-11, which 
established the 45,000-acre Red Cliffs National Conservation 
Area (NCA) in southwestern Utah, and directed the Bureau of 
Land Management (BLM) to identify a transportation and utility 
corridor across the NCA. The need to establish such a corridor 
for the rapidly growing Washington County, Utah, area was 
identified as essential in reducing traffic congestion and 
improving air quality.\1\ As originally proposed, the corridor 
alignment would have fragmented approximately 2,900 acres of 
the NCA.
---------------------------------------------------------------------------
    \1\Testimony of Dean Cox, Washington County Commission, before the 
Subcommittee on Federal Lands, May 22, 2018, p 4.
---------------------------------------------------------------------------
    In response to concerns about the original proposal, 
Washington County, BLM, U.S. Fish and Wildlife Service, Utah 
Division of Wildlife Services, the Utah State School and 
Institutional Trust Lands Administration, the Dixie 
Metropolitan Planning Organization, and other stakeholders 
worked with State and federal biologists to identify a revised 
alignment that would minimize impacts on the NCA and desert 
tortoise habitat. The new alignment established in this bill 
fragments only 1,400 acres and requires that the corridor be 
constructed with two long bridge spans to allow tortoise 
connectivity with the larger portion of the NCA. This 300-foot 
wide corridor would be 4.4 miles long, covering only 147 acres 
of the NCA. In exchange for the corridor, this bill would 
expand the Desert Tortoise Habitat Conservation Plan by adding 
6,835 acres of new high-quality tortoise habitat called Zone 6 
as mitigation.

                            COMMITTEE ACTION

    H.R. 5597 was introduced on April 24, 2018, 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 22, 2018, the Subcommittee held a 
hearing on the legislation. On June 6, 2018, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. Congressman Rob Bishop (R-
UT) offered an amendment designated #1; it was adopted by voice 
vote. No further amendments were offered and the bill, as 
amended, was ordered favorably reported to the House of 
Representatives by a roll call vote of 21 yeas and 14 nays, 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 AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
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 following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 9, 2018.
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. 5597, the Desert 
Tortoise Habitat Conservation Plan Expansion Act, Washington 
County, Utah.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 5597--Desert Tortoise Habitat Conservation Plan Expansion Act, 
        Washington County, Utah

    H.R. 5597 would require the Department of the Interior 
(DOI) to amend resource management plans for several areas 
located near St. George, Utah, that are managed for 
conservation purposes. Those amendments would be necessary to 
incorporate changes to those areas that would be required under 
the bill, including the addition of 6,800 acres to a habitat 
conservation plan (HCP) for the desert tortoise and the 
establishment of a transportation and utility corridor within 
the Red Cliffs National Conservation Area (NCA).
    Using information provided by DOI, CBO estimates that 
amending the resource management plans as required under the 
bill would cost about $400,000 over the 2019-2020 period; such 
spending would be subject to the availability of appropriated 
funds. CBO also estimates that expanding the area covered by 
the habitat conservation plan and establishing a transportation 
and utility corridor in the NCA would not affect the federal 
budget because those actions would not significantly change the 
way the lands under federal jurisdiction would be managed.
    Enacting H.R. 5597 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 5597 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 5597 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was reviewed by Theresa Gullo, 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 provide for the expansion of the 
Desert Tortoise Habitat Conservation Plan, Washington County, 
Utah.

                           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 to existing 
law.

                            DISSENTING VIEWS

    H.R. 5597 amends and renews the Washington County Desert 
Tortoise Habitat Conservation Plan (HCP) to expand the Red 
Cliffs Desert Reserve by 6,865 acres and to authorize a 
transportation corridor through the Reserve. Sponsors of the 
bill claim this expansion is a suitable offset for allowing the 
construction of a road through the Red Cliffs National 
Conservation Area, an area established by Congress in 2009 that 
has been cornerstone of the HCP since it was adopted in 1995.
    We are concerned that the bill pushes forward a proposal 
without an objective scientific analysis, evaluation of 
feasible alternatives, or meaningful public involvement. The 
bill states that this northern corridor was directed in the 
Omnibus Public Lands Bill of 2009, however the law simply 
directed the Secretary of the Interior to identify alternatives 
for a northern transportation route in Washington County.\1\ 
This proposal would divide valuable tortoise habitat while 
setting a dangerous precedent for counties to supersede HCPs 
when local development conflicts with the needs of endangered 
or threatened species.
---------------------------------------------------------------------------
    \1\Section 1977(b)(2)(A) of Public Law 111-11.
---------------------------------------------------------------------------
    The bill would go further than just authorizing a highway 
in prime habitat for an endangered species in the face of a 
prior agreement to protect the area. It would also usurp 
federal authority by requiring the Secretary to approve the 
county's HCP and renew the ``take'' permit for 25 years under 
the Endangered Species Act without further review.
    This legislation is clearly intended to circumvent 
important bedrock environmental laws. Washington County is 
already negotiating with U.S. Fish and Wildlife Service (FWS) 
to renew the HCP, and the county can submit a right-of-way 
application to BLM, which can be considered through the normal 
environmental review and public involvement process.
                                   Raul M. Grijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Alan Lowenthal.
                                   Donald S. Beyer, Jr.

                                  [all]