69–006 

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 

2 

1 81 FR 93707. 

2 81 FR 60731. 

3David 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/. 4Dixie 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. 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. 

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. 

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. 

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 adeVerDate Sep 11 2014 01:09 Sep 16, 2017 Jkt 069006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR312.XXX HR312
3 

7Washington 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. 

10Testimony 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. 11Public Law 111–11. 12Testimony 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. 

quately 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 conservationfocused 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

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. 

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. 

4 

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: 

5 


Insert offset folio 5 here HR312.001

Date: 07-26-17 

Committee on Natural Resources 

U.S. House of Representatives 

!15th Congress 

Recorded Vote #: 6 

Meeti!Jg on I Amendment on: FC Mark Up on 21 bills: On Favorably Reporting H.R. 2423 (Rep. Chris Stewart), 

"Washington County, Utah, Public Lands Management Implementation Act" 

MEMBERS Yes No Pres MEMBERS Yes No Pres 

Mr. Bishop, UT, Chairman X Mr.Cook,CA X 

Mr. Grijalva, AZ. Rilnking Member X Mr.Soto,FL X 

Mr. Young, AK, Chairman Emeritus Mr. Westerman, AR X 

Mrs. Napolitano, CA Mr. McEachin, VA xl 

Mr. Gobmert, TX, Vice Chairman Mr. Graves, LA X 

Ms. Bordal/o, Guam Mr. Brown, MD X 

Mr. Lamborn, CO X Mr.Hice,GA X 

Mr. Costa, CA X Mr. Clay,MO X 

Mr. Wittman, VA X Mrs. Radewagen, AS X 

Mr. Sablan, CNMI X Mr. Gomez, CA X 

Mr. McClintock, CA X Mr. LaHood, IL X 

Ms. Tsongas, MA X Mr. Webster, FL X 

Mr. Pearce, NM X Mr. Bergman, Ml X 

Mr. Huffinan, CA X Ms. Cheney, WY X 

Mr. Thompson, PA Mr. Johnson, LA 

Mr. Lowenthal, CA X Ms. Gonzalez-Colon, PR X 

Mr. Gosar, AZ X Mr. Gianforte, MT X 

Mr. Beyer, VA X 

Mr. Labrador, ID 

Mrs. Torres, CA X 

Mr. Tipton, CO X 

Mr. Gallego, AZ 

Mr. LaMalfa, CA X 

Ms. Hanabusa, HI X 

Mr. Denham, CA 

Ms. Barra?:an, CA X TOTAL: 19 15 
6 

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 

7 

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. 

(8) 

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. 

RAU ́ L M. GRIJALVA, Ranking Member, Committee 

on Natural Resources. 

A. DONALD MCEACHIN. NANETTE DIAZ BARRAGA ́ N. DARREN SOTO. COLLEEN HANABUSA. GRACE F. NAPOLITANO. 

Æ