I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Desert Tortoise Habi5 tat Conservation Plan Expansion Act, Washington Coun6 ty, Utah’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) BEAVER DAM WASH NATIONAL CONSERVA10 TION AREA.—The term ‘‘Beaver Dam Wash NaVerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815

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1 tional Conservation Area’’ means the Beaver Dam 

2 Wash National Conservation Area as established by 

3 the Omnibus Public Lands Management Act of 2009 

4 (Public Law 111–11, 16 U.S.C. 460xxx(c)). 

5 (2) COUNTY.—The term ‘‘County’’ means 

6 Washington County, Utah. 

7 (3) DESERT TORTOISE HABITAT CONSERVATION

8 PLAN.—The term ‘‘Desert Tortoise Habitat Con9 servation Plan, Washington County, Utah’’ means 

10 the Washington County Habitat Conservation Plan 

11 signed February 23, 1996, by the United States 

12 Fish and Wildlife Service, Bureau of Land Manage13 ment, the State of Utah, Washington County, Utah, 

14 and Ivins City, Utah. 

15 (4) RED CLIFFS NATIONAL CONSERVATION

16 AREA.—The term ‘‘Red Cliffs National Conservation 

17 Area’’ means the Red Cliffs National Conservation 

18 Area as established by the Omnibus Public Lands 

19 Management Act of 2009 (Public Law 111–11; 123 

20 Stat. 1089). 

21 (5) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior. 

23 (6) UNIT OF LOCAL GOVERNMENT.—The term 

24 ‘‘unit of local government’’— 


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1 (A) means Washington County, St. George 

2 City, and other political subdivisions of the 

3 State of Utah, including municipalities of the 

4 State of Utah within the geographical bound5 aries of Washington County with authority over 

6 local planning and zoning and the Washington 

7 County Water Conservancy District; and 

8 (B) includes the Shivwits Band of Paiutes, 

9 a federally recognized Indian Tribe located 

10 within Washington County. 

11 (7) UTILITY.—The term ‘‘utility’’ means exist12 ing or new sites, rights-of-way, permits, grants, in13 frastructure, edifices, facilities, and any other com14 ponents that provide public services including, but 

15 not limited to, water, electricity, gas, sewage, and 

16 communications. 

17 (8) UTILITY DEVELOPMENT PROTOCOLS.—The 

18 term ‘‘utility development protocols’’ means the Red 

19 Cliffs Desert Reserve Development Protocols for 

20 Projects agreement approved by Washington County, 

21 Bureau of Land Management, and United States 

22 Fish and Wildlife Service for the construction, oper23 ation, maintenance, and replacement of utilities 

24 within the Red Cliffs Desert Reserve and/or InciVerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815

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1 dental Take Areas dated August 1, 2006, as amend2 ed. 

3 SEC. 3. AMENDMENT AND RENEWAL OF THE DESERT TOR4 TOISE HABITAT CONSERVATION PLAN, WASH5 INGTON COUNTY, UTAH. 

6 (a) IN GENERAL.—Upon receipt from the County of 

7 a proposal to amend and renew the Desert Tortoise Habi8 tat Conservation Plan, Washington County, Utah, that in9 cludes an approximately 6,865 acre desert tortoise reserve 

10 zone named the Red Cliffs Desert Reserve, Zone 6, gen11 erally depicted on the map entitled ‘‘Red Cliffs Desert Re12 serve, Zone 6’’ and dated February 23, 2018, the Sec13 retary shall, after coordination with units of local govern14 ment and in accordance with this Act and with applicable 

15 laws, approve such amendment and renew such plan and 

16 the permit under the Endangered Species Act of 1973 (16 

17 U.S.C. 1531 et seq.) that was issued for such plan, for 

18 a period of 25 years. 

19 (b) MAP AND LEGAL DESCRIPTION.— 

20 (1) IN GENERAL.—As soon as practical after 

21 the date of enactment of this Act, the Secretary 

22 shall submit to the Committee on Natural Resources 

23 of the House of Representatives and the Committee 

24 on Energy and Natural Resources of the Senate an 


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1 official map and legal description of the parcel de2 scribed in subsection (a). 

3 (2) ERRORS.—The map and legal description 

4 submitted under this subsection shall have the same 

5 force and effect as if included in this Act, except 

6 that the Secretary may make minor modifications of 

7 any clerical or typographical errors in the map or 

8 the legal description. 

9 (3) AVAILABILITY.—A copy of the map and the 

10 legal description shall be on file and available for 

11 public inspection in the appropriate field offices of 

12 the Bureau of Land Management. 

13 (c) MANAGEMENT OF RED CLIFFS DESERT RE14 SERVE, ZONE 6.—Management of the Red Cliffs Desert 

15 Reserve, Zone 6, shall be facilitated by the County as part 

16 of and in conformity with the provisions of the Desert Tor17 toise Habitat Conservation Plan. 

18 (d) MANAGEMENT OF FEDERAL LANDS.— 

19 (1) IN GENERAL.—The Secretary shall manage 

20 Federal lands within the Red Cliffs Desert Reserve, 

21 Zone 6, of the Desert Tortoise Habitat Conservation 

22 Plan, in a manner consistent with the purposes of 

23 the Red Cliffs Desert Tortoise Reserve, in consulta24 tion with the Shivwits Band of Paiutes and to en25 hance the natural values of such lands, including 


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1 wildlife habitat, and recreational, cultural, edu2 cational, and scientific values of such lands. 

3 (2) ACQUISITION OF NON-FEDERAL LAND.— 

4 The Secretary, at the request of the owner of the 

5 non-Federal lands located in the Beaver Dam Wash 

6 National Conservation Area, the Red Cliffs National 

7 Conservation Area, and the Red Cliffs Desert Re8 serve, Zone 6, shall seek to acquire through ex9 change under the Omnibus Parks and Public Lands 

10 Management Act of 1996 (Public Law 104–333; 

11 110 Stat. 4137 et seq.) or by purchase or donation, 

12 those non-Federal lands as soon as practicable. 

13 (e) AMENDMENT OF ST. GEORGE FIELD OFFICE RE14 SOURCE MANAGEMENT PLAN.— 

15 (1) IN GENERAL.—The Secretary, in consulta16 tion with units of local government including the 

17 County, shall amend the St. George Field Office Re18 source Management Plan to provide for management 

19 of Federal lands within the Red Cliffs Desert Re20 serve, Zone 6. 

21 (2) AMENDMENT REQUIREMENTS.—The 

22 amendment under paragraph (1) shall include— 

23 (A) management of species in accordance 

24 with the Desert Tortoise Habitat Conservation 

25 Plan; 


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1 (B) the utility development protocols as 

2 outlined for the Red Cliffs Desert Reserve and/ 

3 or Incidental Take Areas dated August 1, 2006, 

4 as amended; and 

5 (C) management of recreational activities 

6 in conformance with the Desert Tortoise Habi7 tat Conservation Plan for other zones in the 

8 Red Cliffs Desert Reserve, including rock climb9 ing, organized events, hiking, biking, horseback 

10 riding, and off-highway vehicle use on des11 ignated trails and roads. 

12 (f) PROVISION OF MITIGATION CREDITS.—The Sec13 retary shall manage the Red Cliffs Desert Reserve, Zone 

14 6, as a land bank to provide mitigation credits for future 

15 disturbances of the Red Cliffs Desert Reserve, including 

16 utility disturbances and the construction of the Northern 

17 Transportation Corridor identified in section 5(e). 

18 (g) MITIGATION CREDITS IN RENEWED TAKE PER19 MIT.—In the permit extended under subsection (a), the 

20 Secretary shall credit Washington County mitigation cred21 it— 

22 (1) for the tortoises protected on non-Federal 

23 lands in the Red Cliffs Desert Reserve, Zone 6; and 

24 (2) in yearly installments, for those tortoises 

25 successfully translocated and surviving, based on 


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1 survivorship and juvenile recruitment estimates as 

2 determined by the United States Fish and Wildlife 

3 Service. 

4 (h) ADOPTION OF AMENDMENT.—The Secretary 

5 shall adopt the amendment to the St. George Field Office 

6 Resource Management Plan not later than two years after 

7 receipt of Washington County’s proposal to amend and 

8 renew the Habitat Conservation Plan including the Red 

9 Cliffs Desert Reserve, Zone 6. 

10 (i) HABITAT CONSERVATION PLAN NOT OTHERWISE

11 AFFECTED.—Except as provided in this section, nothing 

12 in this Act otherwise limits, alters, modifies, or amends 

13 the Desert Tortoise Habitat Conservation Plan. 

14 SEC. 4. SHIVWITS BANDS OF PAIUTE INDIANS. 

15 In order to allow the Secretary to carry out manage16 ment activities in direct consultation with the Shivwits 

17 Band of Paiutes, this Act clarifies the Paiute Indian Tribe 

18 of Utah Restoration Act (Public Law 96–227) to confirm 

19 that the Shivwits Bands of Paiute Indians is a separate 

20 and independent federally recognized Indian Tribe, as rec21 ognized by the Paiute Indian Tribe of Utah Restoration 

22 Act. The Shivwits Band of Paiute Indians is not required 

23 to participate in joint, inter-tribal governance with the 

24 Cedar Band, Indian Peaks, Kanosh or Koosharem Bands 


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1 of Paiute Indians in Utah, and is not subject to the Con2 stitution of the Paiute Indian Tribe of Utah. 

3 SEC. 5. ADJUSTMENT TO RESOURCE MANAGEMENT PLANS 

4 AND CONSERVATION AREAS. 

5 Not later than 1 year after the date of enactment 

6 of this Act, the Secretary shall amend the resource man7 agement plans for the Beaver Dam Wash National Con8 servation Area, the Red Cliffs National Conservation 

9 Area, and the St. George Field Office Resource Manage10 ment Plan— 

11 (1) in accordance with section 202(c)(9) of the 

12 Federal Land Policy and Management Act of 1976 

13 (43 U.S.C. 1712(c)(9)); 

14 (2) in coordination and cooperation with units 

15 of local government in the State of Utah including 

16 the County, St. George City, and other political sub17 divisions, including municipalities of the State of 

18 Utah within the geographical boundaries of Wash19 ington County with authority over local planning 

20 and zoning, and the Washington County Water Con21 servancy District; and 

22 (3) consistent with the provisions of this Act. 

23 SEC. 6. RED CLIFFS NATIONAL CONSERVATION AREA. 

24 (a) BOUNDARIES AND PUBLIC ACCESS.— 


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1 (1) IN GENERAL.—The Red Cliffs National 

2 Conservation Area shall consist of approximately 

3 45,000 acres of public and non-Federal land in 

4 Washington County, Utah, identified on the Red 

5 Cliffs National Conservation Area Management Map 

6 dated February 23, 2018. 

7 (2) MAP AND LEGAL DESCRIPTION.— 

8 (A) IN GENERAL.—As soon as practical 

9 after the date of enactment of this Act, the Sec10 retary shall submit to the Committee on Nat11 ural Resources of the House of Representatives 

12 and the Committee on Energy and Natural Re13 sources of the Senate an official map and legal 

14 description of the parcel described in paragraph 

15 (1). 

16 (B) FORCE AND EFFECT.—The map and 

17 legal description submitted under this para18 graph shall have the same force and effect as 

19 if included in this Act, except that the Sec20 retary may make minor modifications of any 

21 clerical or typographical errors in the map or 

22 the legal description. 

23 (C) PUBLIC AVAILABILITY.—A copy of the 

24 map and the legal description shall be on file 

25 and available for public inspection in the approVerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815

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1 priate field offices of the Bureau of Land Man2 agement. 

3 (b) PRESERVATION OF EXISTING UTILITY COR4 RIDOR.—The Secretary shall recognize on federally man5 aged lands a 150-foot-wide transportation utility corridor 

6 in each direction from the centerline of SR 18 through 

7 the Red Cliffs National Conservation Area. 

8 (c) UTILITY DEVELOPMENT PROTOCOLS FOR HABI9 TAT CONSERVATION PLAN.—The Secretary shall adhere 

10 to the Utility Development Protocols dated August 1, 

11 2006, as amended, within the Red Cliffs National Con12 servation Area and/or Incidental Take Area as the suitable 

13 mechanism for new and existing utility management with14 in the Red Cliffs National Conservation Area. 

15 (d) WATER RIGHTS ASSOCIATED WITH ACQUIRED

16 LAND AND INTERESTS FOR RED CLIFFS NATIONAL CON17 SERVATION AREA.—The Secretary may only acquire water 

18 rights in the Red Cliffs National Conservation Area if al19 lowed by State law, to ensure adequate management of 

20 the designated areas for campgrounds, visitor facilities, 

21 and for other recreational uses. 

22 (e) NORTHERN TRANSPORTATION AND UTILITY COR23 RIDOR.—The Secretary of the Interior shall grant to the 

24 State of Utah or to one or more units of local government 

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1 tation and utility route pursuant to section 1977(b)(2)(A) 

2 of the Omnibus Public Land Management Act of 2009 

3 (Public Law 111–11; 123 Stat. 1089) identified on the 

4 Red Cliffs National Conservation Area Management Map 

5 dated February 23, 2018. 

6 SEC. 7. BEAVER DAM WASH NATIONAL CONSERVATION 

7 AREA. 

8 (a) PRESERVATION OF EXISTING UTILITY COR9 RIDOR.—The Secretary shall recognize on federally man10 aged lands a 150-foot-wide transportation and utility cor11 ridor in each direction from the centerline of old US 91 

12 through the Beaver Dam Wash National Conservation 

13 Area. 

14 (b) WATER RIGHTS ASSOCIATED WITH ACQUIRED

15 LAND AND INTERESTS FOR BEAVER DAM WASH NA16 TIONAL CONSERVATION AREA.—The Secretary may only 

17 acquire water rights in the Beaver Dam Wash National 

18 Conservation Area if allowed by State law, to ensure ade19 quate management of the designated areas for camp20 grounds, visitor facilities, and for other recreational uses. 

21 (c) UTILITY DEVELOPMENT PROTOCOLS.—The Sec22 retary shall adopt utility development protocols for the 

23 construction, operation, maintenance, and replacement of 

24 utilities within the Beaver Dam Wash National Conserva25 tion Area that are no more restrictive than the Red Cliffs 


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1 Desert Reserve Utility Development Protocols dated Au2 gust 1, 2006, as amended. The Beaver Dam Wash Utility 

3 Development Protocols shall comply with the National En4 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

5 including the identification and consideration of potential 

6 impacts to fish and wildlife resources and habitat. 

7 (d) PRESERVATION OF EXISTING UTILITIES AND

8 GRAZING PERMITS.—Access to utilities and grazing per9 mits and maintenance of utilities that are located in Bea10 ver Dam National Wash National Conservation Area, shall 

11 be preserved. 

Æ 


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