**Statement of**

**Julie Jacobson**

**Deputy Assistant Secretary**

**Land and Minerals Management**

**U.S. Department of the Interior**

**Senate Energy & Natural Resources Committee**

**Subcommittee on Public Lands and Forests**

**S. 2834, Washington County Growth and Conservation Act of 2008**

**April 22, 2008**

Thank you for inviting me to testify on S. 2834, the Washington County
Growth and Conservation Act of 2008. This legislation is the result of
years of exhaustive efforts by the

Utah Congressional delegation, in particular Senator Bennett. Working
with local governments and the public in the spirit of cooperative
conservation they have reached consensus on difficult issues on a wide
range of public land management issues in Washington County, Utah. The
Administration commends the resolution of land use conflicts in this
manner, and supports the bill with modifications to the formula for
distributing the proceeds from any land sales to ensure that an
appropriate share of the proceeds is returned to the Federal taxpayers.
While we note several areas of concern below, we are pleased with a
number of significant improvements in this bill relative to the measure
considered last Congress.

[Background]{.underline}

Washington County, Utah, located in the southwest corner of the State
bordering Nevada and Arizona, covers nearly 2,500 square miles, and has
been one of the fastest-growing counties in the United States. With a
population of only about 10,000 in the mid-1960s, today Washington
County has over 130,000 residents. At the same time, more than 75
percent of the County is Federal land, managed by the Bureau of Land
Management (BLM), the U.S. Forest Service (USFS), and the National Park
Service (NPS). In addition, the County includes lands held in trust by
the Federal government for the Shivwits Indian Tribe and lands owned by
the State of Utah. How those lands are managed is a critical issue for
the people of Washington County.

The Administration recognizes that the Sponsor has included a number of
improvements from the earlier bill in the 109^th^ Congress. In
particular, we appreciate that the bill no longer directs BLM to dispose
of lands, regardless of whether or not they had been identified for
disposal.

[Wilderness Designations]{.underline}

The bill would designate a number of wilderness areas within Washington
County, including approximately 123,743 acres of wilderness to be
managed by the NPS within Zion National Park, approximately 138,008
acres of wilderness to be managed by the BLM in 16 individual areas, and
2,643 acres of USFS wilderness. In addition, the bill would release
5,074 acres of BLM-managed lands from wilderness study area (WSA) status
and would return them to the full range of multiple public uses
authorized by the Federal Land Policy and Management Act (FLPMA.)

The BLM-managed lands that would be designated wilderness by S. 2834
include areas of rugged beauty, solitude, and important wildlife
habitat. In the northeastern part of the County, the proposed Deep Creek
and Deep Creek North wilderness areas consist of sheer canyon walls
dropping to dramatic year-round rivers. Hanging gardens with wildflowers
compete with a variety of raptors, including bald eagles and giant
California condors, for the hiker's attention. The steep and rugged
Hurricane Cliffs, which soar 2,000 vertical feet in under a mile, form
the most outstanding feature of the proposed Blackridge Wilderness. The
area is a magnet for hikers, hunters and photographers.

In the southeast, Canaan Mountain's rugged topography includes peaks and
colorful vermilion cliffs that form the southern gateway to Zion
National Park. The scenic vistas available from these peaks increasingly
attract recreationists.

Within the Red Cliffs National Conservation Area (NCA) proposed by Title
III of the bill lie the proposed Cottonwood Wilderness on the east and
Red Mountain Wilderness on the west. The Cottonwood Wilderness and the
adjoining Forest Service-managed Cottonwood Forest Wilderness form the
spectacular "front range" between the City of St. George to the south
and the Pine Valley Mountains to the north. Within minutes of downtown
St. George, this area is prized for its primitive recreational
opportunities. It lies within the Red Cliffs Desert Reserve, which has
been Federally-designated as habitat to protect the threatened desert
tortoise. It is also home to peregrine falcons and State-listed species
such as the Gila Monster. The aptly named Red Mountain Wilderness
provides a scenic backdrop to the communities of Ivins and Santa Clara
and is a popular destination for local citizens.

The bill also designates the Cougar Canyon and Slaughter Creek
wildernesses located in the northwest corner of Washington County.
Abutting the Nevada State line, these wilderness areas connect with the
Tunnel Spring Wilderness in Lincoln County, Nevada, designated by Public
Law 108-424. The area is dominated by rough terrain of wooded canyons
and low mountain peaks. Just to the south of Cougar Canyon and Slaughter
Creek the bill also designates Docs Pass Wilderness, which includes five
miles of a perennial, free flowing stream within Beaver Dam Wash
providing habitat to a wide range of native fish and large mammals. The
Bull Valley Mountains within the proposed Docs Pass Wilderness are
rugged pinyon-juniper woodlands.

Wilderness resolution has been particularly challenging in the State of
Utah, and we applaud the hard work of the sponsor and other members of
the Utah delegation in reaching consensus on BLM wilderness designation
and WSA release. Congress has the sole authority to designate lands to
be managed permanently as wilderness, and we believe these areas are
manageable as such. We would like the opportunity to work with the
sponsor and the Committee on possible minor boundary adjustments to
ensure efficient manageability.

S. 2834 would also designate 123,743 acres of Zion National Park as
wilderness. The lands proposed for wilderness designation are similar to
those that were included in a proposal to recommend wilderness for the
park that was originally transmitted to the President on June 5, 1974,
by then Secretary of the Interior Morton, and in the 2001 General
Management Plan (GMP) for the park. The 1974 proposal recommended
designation of 120,620 acres of the park as wilderness.

Differences in the acreage figures between the 1974 transmittal and S.
2834 are the result of land acquisition in the park that has taken place
since 1974, acquisition of water and grazing rights, and termination of
non-conforming uses. Additional lands within the park consisting of
approximately 9,000 acres, but located in Kane County, have also been
recommended for wilderness designation and were included in the 1974
transmittal and the 2001 GMP. Although the Department supports the
wilderness designation for the park included in S. 2834, we suggest that
the bill be amended to include this additional, previously recommended
wilderness so that all the lands proposed for wilderness designation
within the park are designated.

The bill designates as wilderness five small units of BLM-managed lands
surrounding Zion National Park that vary in size from 32 to 663 acres.
These are logical extensions of the proposed wilderness areas within
Zion National Park and are appropriate for wilderness designation. We
recommend transferring all five of these small parcels -- Beartrap
Canyon Wilderness (40 acres), Goose Creek Wilderness (98 acres),
Laverkin Creek (445 acres), Taylor Creek Wilderness (32 acres) and
Watchman Wilderness (663 acres) -- to the National Park Service.
Transfer of these lands to the park will improve management, reduce
confusion for the public, and enhance the opportunities for visitor
enjoyment.

[National Conservation Areas]{.underline}

Titles III and IV of S. 2834 establish the 44,695 acre Red Cliffs
National Conservation Area (NCA) and the 68,083 acre Beaver Dam Wash NCA
respectively. These would be the first NCAs in the State of Utah. Each
of the NCAs designated by Congress and managed by the BLM is unique. For
the most part, however, they have certain critical elements, which
include withdrawal from the public land, mining and mineral leasing
laws; OHV-use limitations; and language that charges the Secretary to
allow only those uses that further the purposes for which the NCA is
established. Furthermore, NCA proposals do not diminish the protections
that currently apply to the lands. The Red Cliffs NCA and Beaver Dam
Wash NCA proposals honor this spirit and the Department supports their
designation.

The proposed Red Cliffs NCA would overlay the existing Red Cliffs Desert
Reserve which was designed as a part of the Washington County Desert
Tortoise Habitat Conservation Plan (HCP) adopted in 1996. The HCP
protects important desert tortoise habitat while also allowing continued
development in St. George and nearby communities. As directed, the BLM
has acquired nearly 8,000 acres of State and private inholdings within
the Reserve from willing sellers.

In addition to providing important habitat for the recovery of the
desert tortoise and other listed species such as the Shivwits milkvetch
and the Woundfin Minnow and Virgin River Chub, the proposed NCA is a
popular area for recreationists. Over 130 miles of trails provide
excellent opportunities for hikers, mountain bikers and equestrians
while ensuring compatibility with the species' recovery. The boundaries
of the proposed NCA include over 44,000 acres of BLM-managed land.

The proposed Beaver Dam Wash NCA is nestled in the southwestern corner
of Washington County which is a transition zone between three major
ecosystems: the Colorado Plateau, the Great Basin, and the Mojave
Desert. Such zones are characterized by diverse vegetative communities
supporting a rich array of wildlife. Riparian species are found along
the deeply incised channel of Beaver Dam Wash, which traverses the
length of the proposed NCA to its confluence with the Virgin River. At
higher elevations in the Beaver Dam Mountains, pinyon-juniper woodlands
cover the slopes of steep-sided canyons. A forest of Joshua trees, the
signature species of the Mojave Desert, dots the bajadas and valley
floors. The lower elevations provide designated critical habitat for the
threatened Mojave Desert Tortoise and other native species, such as
Desert Bighorn Sheep, Gila Monsters, and Mojave Rattlesnakes. Current
recreational uses within the area include technical rock climbing,
hiking, horseback riding, wildlife viewing, and nature study, all of
which are compatible with the designation.

[Wild and Scenic River Designation]{.underline}

The legislation amends the Wild and Scenic Rivers Act by adding
approximately 165 miles of segments of the Virgin River and its
tributaries within and adjacent to Zion National Park to the Wild and
Scenic Rivers system. Seven of the segments are partially or wholly on
BLM-managed lands while the remaining 32 segments are wholly within Zion
National Park. All of the segments of the rivers that are recommended
for designation as wild, scenic, or recreational rivers were found
eligible and suitable for inclusion within the Wild and Scenic River
System through the Zion National Park 2001 GMP and through the BLM St.
George Field Office Resource Management Plan (SGRMP) completed in March
1999. The Department supports the designation of these segments.

[Washington County Travel Management Plan]{.underline}

Title VI directs the Secretary to develop a comprehensive travel
management plan within three years of enactment of this legislation to
include the designation of an OHV trail (the High Desert Off-Highway
Vehicle Trail) in Washington County. The trail is to be established on
existing roads and trails. This trail has the potential to be a
significant draw for tourism and will allow visitors and residents to
experience and enjoy their public lands while minimizing OHV use outside
of designated trail networks. We support the development of both the
trail and a comprehensive travel and transportation management plan for
the County.

[Land Disposal]{.underline}

Title VII of S. 2834 provides for the disposal through sale at auction
of up to 9,052 acres of public lands out of BLM management and into
private ownership. The Department supports the general proposition of
making some public lands available for community growth where it is
necessary and appropriate. The land disposal process in S. 2834 is
consistent with this objective and we support its inclusion.

Under section 702 of S. 2834 the disposal of land would take place in
three tiers. In the first tier, lands are to be disposed of within the
first eighteen months after enactment of the bill, and include 906 acres
of BLM-managed land specifically identified on the map in 14 separate,
primarily small, parcels. These lands have been preliminarily identified
by the BLM for disposal through the SGRMP. The local BLM had previously
reviewed these lands for cultural and historic issues, threatened or
endangered (T&E) species conflicts and other potential values that could
preclude a conveyance out of Federal ownership, and believes that sale
of these lands can be accomplished.

In the second tier, the lands are to be sold at auction within a year of
the completion of the sale of the tier one lands and completed by
January 1, 2013. The tier two lands include approximately 3,146 acres
specifically identified in one small and two larger parcels. These lands
have been preliminarily identified for disposal through the SGRMP.
However, that identification was only preliminary. The local BLM has
been made aware of conflicts on these lands, which include cultural
resources as well as the presence of T&E species. Section 702(h) of the
legislation anticipates these problems by allowing the Secretary of the
Interior to place restrictive covenants on lands sold in order to
protect the interests of the United States, including cultural or T&E
species. It is unclear how this provision would be implemented, and it
has the potential to be an administrative burden requiring the United
States to enforce land restrictions in perpetuity.

Finally, the bill provides for not more than an additional 5,000 acres
of BLM-managed land in the county to be sold. These lands must be
identified for disposal by the BLM through its land use planning process
and be in accordance with the Vision Dixie Land and Transportation plan.
The Secretary and the County are to jointly select lands to be offered
for sale and there is no specific timetable for their sale.

Section 703 directs that 15 percent of the proceeds from the sales
directed in section 702 be distributed to State and County entities,
while 85 percent would be retained by the Federal government and
deposited in a special account. Up to 9 percent of that account (or \$15
million whichever is less) is to be used for implementing the many
provisions of the bill including planning and implementation of special
designations as well as costs associated with the directed sales of
lands. The remainder of the account is to be used to acquire from
willing sellers non-Federal lands within Washington County that are
within one of the special areas designated by the bill, or other
environmentally sensitive land within the county.

The manner in which the proceeds from land sales are distributed
requires significant modifications. As noted above, we will work with
the sponsors to ensure that this bill returns an appropriate share of
these proceeds to the Federal taxpayer, consistent with the
Administration's proposed changes to the Federal Land Transaction
Facilitation Act (FLTFA). Our proposal would provide for a consistent
approach to the distribution of land sales proceeds, at the National
level.

The Administration also does not support section 703(b), which allows
the land sales account to earn interest. The Department of the Treasury
strongly opposes such provisions, which effectively require the Treasury
to borrow more funds to pay this interest.

[Additional Provisions]{.underline}

Title VIII establishes two parcels totaling 932 acres as aerial
rights-of-way for reservoirs. Both of these parcels have been identified
as potential reservoir sites through the BLM's land use planning
process. Under Title V of FLPMA the BLM has the authority to grant
rights-of-way for a wide variety of uses, including roads, powerlines,
pipelines, communications sites and reservoirs. The applicants for these
rights-of-way pay both administrative cost recovery fees as well as
rentals. In the case of linear rights-of-way, rent is determined by a
published schedule. Rent for aerial rights-of-way is based on appraised
value. Municipal utilities are charged rent if their principal source of
revenue is customer charges.

In general, the legislation appears to allow the BLM to charge
administrative cost recovery for these grants; however it does not allow
the BLM to charge rent. We believe it is appropriate that the
legislation either allow for the payment of rent or provide for the
outright purchase at appraised fair market value of these lands by the
water district. In addition, the grants for use are made in perpetuity.
If the rights-of-way are not provided for outright purchase, we believe
it would be more appropriate to make these easements dependent on their
actual use and approval by any State or Federal agencies and for the
life of the facility so as to not permanently encumber the public lands
for projects in the event they are never developed.

Finally, Title IX of the bill requires the Secretary to carry out the
management of plant and animal species so as to restore native
rangelands within the County in each "priority biological area." The
bill further provides the Secretary with authority to make grants or
enter into cooperative agreements to carry out and develop research
relating to the restoration of these areas. The full intent of this
Title is unclear, as is the definition of "priority biological areas."
We would like the opportunity to work with the sponsor and the Committee
to further define this Title. We also have concerns that this new grant
authority for one county could duplicate or conflict with existing DOI
nationwide programs or activities.

Thank you for the opportunity to testify on the Washington County Growth
and Conservation Act. While there are a few provisions that cause us
concern and that we believe should be modified (as well as some
technical amendments), we support the cooperative conservation efforts
of Senator Bennett and so many others in Utah to arrive at this point. I
will be happy to answer any questions that you may have.