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[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.
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