Desert Tortoise Habitat Conservation Plan Expansion Act, Washington County, Utah
This bill directs the Department of the Interior to amend and renew the Desert Tortoise Habitat Conservation Plan, Washington County, Utah, and approve such amendment and renew such plan and the permit that was issued for such plan under the Endangered Species Act of 1973 (ESA), for a 25-year period.
Interior must amend the resource management plans for the Beaver Dam Wash National Conservation Area, the Red Cliffs National Conservation Area, and the Red Cliffs Desert Reserve, Zone 6, and shall seek to acquire those lands through exchange or by purchase or donation.
Interior shall manage the Red Cliffs Desert Reserve, Zone 6, as a land bank to provide mitigation credits for future disturbances of the reserve, including utility disturbances and the construction of the Northern Transportation Corridor.
In the permit extended by the ESA, Interior shall credit Washington County a mitigation credit (1) for the tortoises protected on nonfederal lands in Zone 6; and (2) for those tortoises successfully translocated and surviving, based on survivorship and juvenile recruitment estimates.
The Red Cliffs National Conservation Area shall consist of approximately 45,000 acres of public and nonfederal land in Washington County, Utah.
Interior shall recognize on federally managed lands a 150 foot-wide transportation and utility corridor through the Beaver Dam Wash National Conservation Area.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7815 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7815
To provide for the expansion of the Desert Tortoise Habitat
Conservation Plan, Washington County, Utah, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2020
Mr. Stewart introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the expansion of the Desert Tortoise Habitat
Conservation Plan, Washington County, Utah, and for other purposes.
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,
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, 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.
(4) 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; 123 Stat.
1089).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Unit of local government.--The term ``unit of local
government''--
(A) 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; and
(B) includes the Shivwits Band of Paiutes, a
federally recognized Indian Tribe located within
Washington County.
(7) 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.
(8) 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 the County of a proposal to
amend and renew the Desert Tortoise Habitat Conservation Plan,
Washington County, Utah, that includes an approximately 6,865 acre
desert tortoise reserve zone named the Red Cliffs Desert Reserve, Zone
6, generally depicted 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 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) In general.--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) Errors.--The map and legal description submitted under
this subsection 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 Red Cliffs Desert Reserve, Zone 6, shall be facilitated by the
County as part of and in conformity with the provisions of the Desert
Tortoise Habitat Conservation Plan.
(d) Management of Federal Lands.--
(1) In general.--The Secretary shall manage Federal lands
within the Red Cliffs Desert Reserve, Zone 6, of the Desert
Tortoise Habitat Conservation Plan, in a manner consistent with
the purposes of the Red Cliffs Desert Tortoise Reserve, in
consultation with the Shivwits Band of Paiutes 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 the 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.
(2) Amendment requirements.--The amendment under paragraph
(1) shall include--
(A) management of species in accordance with the
Desert Tortoise Habitat Conservation Plan;
(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 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(e).
(g) Mitigation Credits in Renewed Take Permit.--In the permit
extended under subsection (a), the Secretary shall credit Washington
County mitigation credit--
(1) for the tortoises protected on non-Federal lands in the
Red Cliffs Desert Reserve, Zone 6; and
(2) 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 not later than
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.
SEC. 4. SHIVWITS BANDS OF PAIUTE INDIANS.
In order to allow the Secretary to carry out management activities
in direct consultation with the Shivwits Band of Paiutes, this Act
clarifies the Paiute Indian Tribe of Utah Restoration Act (Public Law
96-227) to confirm that the Shivwits Bands of Paiute Indians is a
separate and independent federally recognized Indian Tribe, as
recognized by the Paiute Indian Tribe of Utah Restoration Act. The
Shivwits Band of Paiute Indians is not required to participate in
joint, inter-tribal governance with the Cedar Band, Indian Peaks,
Kanosh or Koosharem Bands of Paiute Indians in Utah, and is not subject
to the Constitution of the Paiute Indian Tribe of Utah.
SEC. 5. 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 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 the 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. 6. 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) In general.--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) Force and effect.--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) Public 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.
(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 allowed 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
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1089) identified on the Red Cliffs National Conservation Area
Management Map dated February 23, 2018.
SEC. 7. 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 allowed 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
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