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[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]

                       EMPOWERING LOCAL VOICES AND 
                        TOPPING FEDERAL OVERREACH
                       TO IMPROVE THE MANAGEMENT OF 
                            UTAH'S PUBLIC LANDS

=======================================================================

                        OVERSIGHT FIELD HEARING

                               BEFORE THE

                     SUBCOMMITTEE ON FEDERAL LANDS

                                 OF THE

                     COMMITTEE ON NATURAL RESOURCES
                     U.S. HOUSE OF REPRESENTATIVES

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             SECOND SESSION

                               __________

               Monday, April 22, 2024, in Hurricane, Utah

                               __________

                           Serial No. 118-113

                               __________

       Printed for the use of the Committee on Natural Resources
       
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]       

        Available via the World Wide Web: http://www.govinfo.gov
                                   or
          Committee address: http://naturalresources.house.gov          
          
                                __________

                   U.S. GOVERNMENT PUBLISHING OFFICE                    
55-494 PDF                  WASHINGTON : 2024                    
          
-----------------------------------------------------------------------------------             

                     COMMITTEE ON NATURAL RESOURCES

                     BRUCE WESTERMAN, AR, Chairman
                    DOUG LAMBORN, CO, Vice Chairman
                  RAUL M. GRIJALVA, AZ, Ranking Member

Doug Lamborn, CO			Grace F. Napolitano, CA
Robert J. Wittman, VA			Gregorio Kilili Camacho Sablan, 	
Tom McClintock, CA			    CNMI
Paul Gosar, AZ				Jared Huffman, CA
Garret Graves, LA			Ruben Gallego, AZ
Aumua Amata C. Radewagen, AS		Joe Neguse, CO
Doug LaMalfa, CA			Mike Levin, CA
Daniel Webster, FL			Katie Porter, CA
Jenniffer Gonzalez-Colon, PR		Teresa Leger Fernandez, NM
Russ Fulcher, ID			Melanie A. Stansbury, NM
Pete Stauber, MN			Mary Sattler Peltola, AK
John R. Curtis, UT			Alexandria Ocasio-Cortez, NY
Tom Tiffany, WI				Kevin Mullin, CA
Jerry Carl, AL				Val T. Hoyle, OR
Matt Rosendale, MT			Sydney Kamlager-Dove, CA
Lauren Boebert, CO			Seth Magaziner, RI
Cliff Bentz, OR				Nydia M. Velazquez, NY
Jen Kiggans, VA				Ed Case, HI
Jim Moylan, GU				Debbie Dingell, MI
Wesley P. Hunt, TX			Susie Lee, NV
Mike Collins, GA
Anna Paulina Luna, FL
John Duarte, CA
Harriet M. Hageman, WY

                    Vivian Moeglein, Staff Director
                      Tom Connally, Chief Counsel
                 Lora Snyder, Democratic Staff Director
                   http://naturalresources.house.gov
                                 ------                                

                     SUBCOMMITTEE ON FEDERAL LANDS

                       TOM TIFFANY, WI, Chairman
                     JOHN R. CURTIS, UT, Vice Chair
                     JOE NEGUSE, CO, Ranking Member

Doug Lamborn, CO                     Katie Porter, CA
Tom McClintock, CA                   Sydney Kamlager-Dove, CA
Russ Fulcher, ID                     Gregorio Kilili Camacho Sablan, 
Pete Stauber, MN                         CNMI
John R. Curtis, UT                   Mike Levin, CA
Cliff Bentz, OR                      Teresa Leger Fernandez, NM
Jen Kiggans, VA                      Mary Sattler Peltola, AK
Jim Moylan, GU                       Raul M. Grijalva, AZ, ex officio
Bruce Westerman, AR, ex officio

                               ---------
                               
                                CONTENTS

                               ----------                              
                                                                   Page

Hearing held on Monday, April 22, 2024...........................     1

Statement of Members:

    Curtis, Hon. John R., a Representative in Congress from the 
      State of Utah..............................................     3
    Maloy, Hon. Celeste, a Representative in Congress from the 
      State of Utah..............................................     5

Statement of Witnesses:

    Snow, Honorable Adam, Commissioner, Washington County, St. 
      George, Utah...............................................     7
        Prepared statement of....................................     9
    Clarke, Honorable Eric, County Attorney, Washington County, 
      St. George, Utah...........................................    11
        Prepared statement of....................................    13
    Braceras, Carlos, Executive Director, Utah Department of 
      Transportation, Taylorsville, Utah.........................    16
        Prepared statement of....................................    18
    Renstrom, Zachary, General Manager, Washington County Water 
      Conservancy District, St. George, Utah.....................    23
        Prepared statement of....................................    25
    Stewart, Darcy, President and CEO, Sunriver St. George 
      Development, LLC, St. George, Utah.........................    27
        Prepared statement of....................................    28

Additional Materials Submitted for the Record:

    Submissions for the Record by Representative Maloy

        Utah Department of Wildlife Resources, Statement for the 
          Record.................................................    41

 
   OVERSIGHT HEARING ON EMPOWERING LOCAL VOICES AND STOPPING FEDERAL.
       OVERREACH TO IMPROVE THE MANAGEMENT OF UTAH'S PUBLIC LANDS

                              ----------                              

                         Monday, April 22, 2024

                     U.S. House of Representatives

                     Subcommittee on Federal Lands

                     Committee on Natural Resources

                            Hurricane, Utah

                              ----------                              

    The Subcommittee met, pursuant to notice, at 12:03 p.m., at 
The Rock Bowl, 5665 West Clubhouse Drive, Hurricane, Utah, Hon. 
John R. Curtis [Vice Chair of the Subcommittee] presiding.

    Present: Representative Curtis.
    Also present: Representatives Maloy and Moore of Utah.

    Mr. Curtis. Good afternoon.
    I would like to welcome everybody to an official 
Subcommittee on Federal Lands oversight hearing entitled, 
``Empowering Local Voices and Stopping Federal Overreach to 
Improve Management of Utah's Public Lands.''
    My name is John Curtis, and I represent Utah's 3rd 
Congressional District. I also serve as the Vice Chairman of 
the Federal Lands Subcommittee in Washington.
    I would like to thank the newest member of Utah's 
Congressional Delegation, Congresswoman Maloy, for inviting the 
Natural Resources Committee to hold this important hearing in 
her district.
    By the way, I am told that this is the largest crowd that 
we have enjoyed in one of these field hearings before. So, 
thank you to all of you for showing up.
    [Applause.]
    Mr. Curtis. I would also like to thank The Rock Bowl for 
hosting us today and providing the perfect backdrop for our 
hearing. Can you imagine anywhere better in the United States? 
We are so fortunate to live here. Thank you.
    It is not in my script because they wrote it, but I also 
need to give a shout-out to the staff of the Natural Resources 
Committee who have put a lot of work in today's hearing, flown 
from Washington to be here. So, big shout-out to them and 
thanks for their help.
    [Applause.]
    Mr. Curtis. The Subcommittee is gathered here today to hold 
an official hearing examining Federal overreach that is 
limiting access to Utah's public lands and to discuss solutions 
that would give Utah a greater say in how these lands are 
managed.
    Now, I think it is important, I have said the word 
``official'' a couple of times, because this is an official 
proceeding under the Rules of the House. That doesn't give us 
very much flexibility in how we do things.
    I would also like to note, you will notice that there are 
three Members that I will introduce here in a minute from the 
House of Representatives.
    All of the members of the Natural Resources Committee, both 
Republicans and Democrats, were invited to today's hearing. The 
Committee generously offered to pay for transportation here. 
So, the fact that they are not here does not mean they weren't 
invited. It just simply means a choice.
    They also have the ability to submit their testimonies for 
the record. So, even though they may not be here today, they 
can do that as well.
    Before we begin, I would like to remind everybody about the 
rules of decorum for official congressional proceedings.
    I ask that there not be any kind of disruption regarding 
the testimony given here today. It is important that we respect 
the Rules of the Committee and of the House and allow all the 
Members and the public to hear our proceedings.
    If you missed it, there are ways for you to comment. There 
were comment cards as you walked in, if you didn't get one, 
those will also become part of the official record, and we 
encourage everybody to do that.
    We would now like to be led in the Pledge of Allegiance by 
County Commissioner Bruce Adams.
    Mr. Adams. Please join me in the pledge.
    [Group recitation of Pledge of Allegiance.]
    Mr. Curtis. Thank you.
    I would now like to invite Mr. Jimi Kestin, a member of the 
Interfaith Council and a pastor here in Washington, to lead us 
in prayer.
    Mr. Kestin. Let us pray.
    My gracious and merciful Heavenly Father, we are so 
grateful to be in this amazing place that you have given us to 
live in southern Utah, and we welcome our Representatives from 
other parts of the state and our Congressperson here for this 
hearing.
    We lift up all those in elected office at the Federal, 
state, and local level regardless of party, that you would put 
a hand of protection upon them, keep their families safe.
    We lift up all those who have put their names in during 
this election season for elected office at every level of 
government, Lord, that we would have an election season that 
uplifts the values that represent this nation and then we would 
have peace and prosperity.
    We pray this in the name of Jesus Christ, our Lord. Amen.
    Mr. Curtis. Amen. Thank you so much.
    The official proceedings do not allow for much of an 
introduction, but we do have a number of elected officials that 
are here today, and I would like to just ask them to stand for 
a minute to be recognized.
    Our county and our city and any state elected officials, if 
you would just stand and let us recognize you.
    [Applause.]
    Mr. Curtis. Thank you for being here.
    Now a few housekeeping items.
    One of the very first things I intend to do is take off my 
jacket and I welcome our witnesses to also, you notice they are 
all in navy blue. So, please feel comfortable.
    For those of you who are not in this gracious shade that we 
have, please, there is water over there. Let's make sure nobody 
gets too warm or too hot today in today's hearing.
    Without objection, the Chair is authorized to declare a 
recess of the Committee at any time. I ask unanimous consent 
that the following Members be allowed to participate in today's 
hearing from the dais: the gentleman and gentlewoman from Utah, 
Mr. Moore and Ms. Maloy.
    Without objection, so ordered.
    Under Committee Rule 4(f), any oral opening statement at 
hearings are limited to the Chairman and the Ranking Minority 
Member. I, therefore, ask unanimous consent that all other 
Members' opening statements be made part of the hearing record 
if they are submitted in accordance with Committee Rule 3(o).
    Without objection, so ordered.
    I will now recognize myself for the opening statement.

   STATEMENT OF THE HON. JOHN R. CURTIS, A REPRESENTATIVE IN 
                CONGRESS FROM THE STATE OF UTAH

    Mr. Curtis. Before I do, the format of this is one that we 
follow in Washington, DC, and doesn't really allow for public 
comment. I understand that might be frustrating to some of you, 
so I can tell you that personally, I will be able to stay after 
and would love to talk to any of you and hear any feedback that 
you have.
    To the extent that their time allows, I offer that same 
opportunity for my two colleagues to the right. And please know 
that we do want to hear everybody's comments, but the format 
today does not allow for public comment.
    I want to begin by thanking the people of Washington County 
for hosting us here today in what is truly a remarkable venue.
    I would also like to thank my colleague, Representative 
Maloy, for inviting the Natural Resources Committee to hold 
this.
    As I am sure everyone is aware, today is Earth Day. It is 
entirely fitting that we are gathered outside for this hearing. 
Earth Day reminds us of how fortunate we are as Utahns to live 
amongst such astounding natural beauty and of the unparalleled 
opportunities that exist in this state for enjoying the great 
outdoors.
    Yet, these opportunities face significant threats. There 
are many outside our state pushing policies that prevent people 
from fully enjoying access to their public lands.
    Roughly two-thirds of Utah is federally owned. Stop and 
think about that just for a moment. We have counties with over 
90 percent Federal ownership. Imagine trying to run a county 
when 90 percent of your property doesn't pay property tax and 
you can't control what happens.
    So, any burdensome restriction or red tape limiting access 
has a disproportionate impact on our state's residents and can 
substantially reduce their quality of life. In the most rural 
part of my district, over 90 percent of certain counties are 
public lands.
    Across our state, Federal mismanagement and overreach has 
raised housing costs, starved local governments of needed tax 
revenues, limited economic opportunities, and deprived 
residents of the ability to engage in multiple uses of nearby 
public lands.
    Utahns know best how to manage these lands, and I will 
continue to fight to increase their stewardship of them in 
their own backyard.
    Take the housing issue, for instance. Utah currently 
suffers from the seventh-highest housing prices in the nation. 
Between 2017 and 2022, only a 5-year period, the average price 
of a home in Utah nearly doubled.
    Our state leaders have taken big strides to counteract this 
crisis, but there is only so much that can be done when the 
Federal Government owns so much land.
    In fact, a recent study showed that if the Federal 
Government were to free up a mere 0.1 percent of all its land 
holdings, less than one-tenth of 1 percent, for residential 
development, housing would become newly affordable for 4.7 
million Americans. That would address 35 percent of Utah's 
housing shortages.
    This is why I introduced the HOUSES Act, with Senator Lee, 
to allow local governments to nominate certain parcels to build 
affordable housing. These are areas ripe for development, 
lacking any conservation value, and going completely unutilized 
due to Federal law.
    My bill is just one piece of the puzzle but a critical one 
to support local governments who are completely surrounded by 
Federal land with economic development.
    Washington County has done an incredible job accommodating 
the people moving into this area at a historic rate. They need 
all the tools available with no Federal red tape as they work 
to lower water consumption to accommodate this growing 
population, a truly incredible feat by one of the fastest-
growing counties in the country.
    The Federal Government has also disregarded collaboration, 
to instead use the deeply divisive Antiquities Act. These 
actions happen at the whim of the sitting President with barely 
any consultation or regard for Utahns who live closest to the 
boundaries of these monuments.
    Despite having the most to lose from these preservationist 
policies, the voices have routinely fallen on deaf ears of the 
fairway in DC. This Federal intrusion jeopardizes the very 
freedoms of outdoor lifestyles that attracted so many to Utah 
in the first place.
    Not long ago, the Federal Government proudly advanced 
policies that encouraged state and local interests out West. 
Our farmers, ranchers, energy production, and cities flourished 
as a direct result. That is what we mean when we talk about 
conservation, empowering local communities who live closest to 
these lands, to steward them in an environmentally and 
economically responsible way, and those ideas don't have to be 
mutually exclusive.
    If we are to restore any semblance of that arrangement, we 
will have to begin by empowering local communities like 
Hurricane and St. George.
    To that end, I am proud to have led the various initiatives 
that would stop Federal overreach and put Utah back in the 
driver's seat on conservation.
    This includes legislation that I introduced last year 
called the Western Economic Security Today Act, or WEST Act, 
which passed out of the Natural Resources Committee and will 
soon head to the House Floor.
    My bill would permanently withdraw the BLM's so-called 
Public Lands Rule. This rule, which the BLM finalized just 4 
days ago, undermines the agency's statutory multiple-use 
mandate and limits access to Utah's public lands for energy and 
mineral development, grazing, forest management, and 
recreation.
    The rule favors wealthy individuals and environmental 
groups by creating a new, convoluted leasing system that will 
allow them to lock up lands that belong to all Utahns.
    I sent a letter nearly 1 year ago to 13 of my Natural 
Resources colleagues asking the agency to hold more public 
listening sessions on this rule, including holding a session 
for Utahns. The agency ignored this request and finalized this 
rule without hearing from you.
    The combination of these two rules would fundamentally 
upend multiple uses of our lands and the Western way of life. 
Any new use of Federal lands should be initiated by Congress, 
not the will of one person.
    By advancing this legislation, we are promoting true 
conservation rooted in local input, rather than preservationist 
policies handed down by the Biden administration.
    I also never hesitate to brag that Utah has robust energy 
and mineral production on public lands, some of the cleanest in 
the world. This production on public lands is critical to 
everything from funds for Utah schools and ensuring the 
domestic supply.
    I want to thank all the witnesses for being here today, and 
I look forward to the insights that each of you will bring to 
this important discussion.
    With that, I will now recognize Representative Maloy for 
her opening statement.

   STATEMENT OF THE HON. CELESTE MALOY, A REPRESENTATIVE IN 
                CONGRESS FROM THE STATE OF UTAH

    Ms. Maloy. I am really excited to be here today. I feel 
like lightning has struck me twice. This is the second time 
that I have participated in a congressional field hearing in 
Washington County on these same issues.
    Our bureaucracy is broken, and I am really grateful that 
you are all here to be part of this because it matters. 
Participation matters. How many people show up and pay 
attention to what is happening to our lands and in Washington, 
DC, really matters.
    In the early 2000s, Washington County stepped up to be the 
poster child for cooperation when it comes to public lands 
management and access. Washington County went to the bargaining 
table with environmental groups, with the Federal Government, 
with state agencies, with all of the stakeholders, and worked 
out a compromise bill.
    It was called the Washington County Lands Bill, and it 
became part of OPLMA, the 2009 Omnibus Lands Bill, signed by 
President Obama. This is not a right-wing attempt at limiting 
any environmental protections on land.
    In that bill, the Red Cliffs NCA, National Conservation 
Area, was created. In the same bill, the Secretary of the 
Interior was ordered to work with Washington County and St. 
George City to find a route for a Northern Corridor, a route 
from east to west in Washington County that has been part of 
the county's transportation plan for decades.
    That was one of the things they bargained for in this bill, 
signed into law, passed by Congress. That was in 2009. It is 
2024, and we are still sitting here talking about this bill.
    In early 2016, we had a congressional field hearing at the 
Dixie Center and asked BLM why their new resource management 
plan didn't have any good alternatives for a Northern Corridor 
route, and we were told that they were told to consider it, and 
they had considered it, and decided that they didn't want to do 
it.
    That isn't what agencies are supposed to do in response to 
laws passed by Congress. So, here we are again, talking about 
the same thing.
    We got a record of decision at the end of the last 
Administration allowing for that route, and as soon as we got a 
new Administration, they immediately repealed the record of 
decision, and now we are in a lawsuit, all so that people in 
this county can have a route that has been part of their 
transportation plan for decades, for which they bargained, they 
came to the table in good faith and bargained for this route.
    Additionally, there is a lot of information out there about 
what a road through an NCA would do, how it should be illegal, 
how it would be harmful to tortoises.
    Even though Congress, who has the authority over public 
land, decided in the same piece of legislation that a 
conservation area and a route were compatible, we are still 
having this argument with bureaucrats, unelected bureaucrats, 
who don't come hold these hearings, who aren't hearing from 
you, who aren't accountable, who you can't vote out of office.
    To make this work, the county worked with the State 
Institutional Trust Lands and with local governments, with the 
state, and offered up what we call Zone 6, a 3,000-acre piece 
of land here in Washington County that has as dense of tortoise 
habitat as any tortoise habitat that has been preserved since 
the 1990s, in exchange for a road that would impact about 150 
acres. So, 3,000 acres to mitigate for 150 acres.
    And that 150 acres that would be part of the right-of-way 
would have culverts, would be porous, would allow tortoises 
through. And we have good science on Red Hills Parkway that 
shows that tortoises will use culverts. They will move back and 
forth underneath a road. It will not destroy their habitat.
    The county has been more than generous in offering up 
mitigation for this. And now what people who came to that 
bargaining table and pretended to bargain in good faith are 
asking for is they want the 3,000 acres and they also don't 
want to get a route.
    I mean, this is what is broken about our bureaucracy. That 
is the definition of insanity. They want us to pay for the road 
and not get the road and still have the congestion on our 
surface streets in St. George City.
    That is why we are here having a field hearing today 
because we have to be able to hold bureaucracies accountable 
when they are not doing the will of the people.
    Congress is elected by the people and is accountable to the 
people. Agencies are not. And when Congress tells an agency 
what to do, their job is to act, not to drag their feet, not to 
play politics, not to use rules and obfuscation to keep from 
doing the things that Congress has asked them to do.
    I thank you all for being here today. I look forward to 
hearing from the witnesses. We will ask more questions to get 
more of the details about this out. But thank you for 
participating in this process because this is representative 
government in its purest form.
    Mr. Curtis. We will now move to our panel of witnesses.
    Let me remind the witnesses that under Committee Rules, you 
must limit your oral statements to 5 minutes, but your entire 
statement will appear in the hearing record.
    To begin your testimony, please press the ``on'' button on 
the microphone. We will use timing lights, which none of us can 
see because of the sun. When you begin, the light will turn 
green. At the end of 5 minutes, the light will turn red, and I 
will ask you to please complete your statement.
    I will now recognize our first witness, the Honorable Adam 
Snow, Commissioner for Washington County.
    Commissioner Snow, you have 5 minutes.

STATEMENT OF THE HONORABLE ADAM SNOW, COMMISSIONER, WASHINGTON 
                    COUNTY, ST. GEORGE, UTAH

    Mr. Snow. Good afternoon, distinguished members of the 
Committee and staff. On behalf of my colleagues at the 
Washington County Commission, Victor Iverson and Gil Almquist, 
we welcome you to Washington County, otherwise known as 
paradise.
    I am a seventh-generation son of Washington County. My 
third great grandfather, Erastus Snow, led the company of 
families called to settle the Dixie Cotton Mission.
    It was a harsh and unforgiving land, but thanks to their 
endurance and perseverance, forward thinking and cooperation, 
what we call the Dixie spirit, they overcame the challenges and 
developed this incredible place we now call home.
    We are the poster child, as Congresswoman Maloy just said, 
of cooperative efforts between diverse stakeholders. We work 
constantly to balance responsible growth, smart planning, long-
term strategy, and resource conservation, while honoring our 
heritage.
    This unique partnership strategy has allowed us to be the 
fastest-growing community in the nation most of the last 20 
years.
    Unfortunately, our cooperative efforts are directly 
threatened by the recent actions of the Biden administration 
through backroom deals struck with fringe environmental groups 
for political gain in an election year.
    Now, some ask us why this is such an important issue for 
us. The County is fairly condensed into a ``U'' shape with over 
a quarter of a million daily visitors and residents traveling 
east-west, creating a pinch point in the middle, where we are 
rapidly approaching traffic failure and collapse.
    The cooperative agreement reached in the 2020 EIS, as you 
alluded to, to address this issue was a good deal. It was a win 
for conservation. It was a win for transportation. It was a win 
for the residents and visitors. It was a win for the various 
threatened and endangered species. And it followed Federal law 
in the mandate of OPLMA in 2009.
    It was a process that allowed every stakeholder to claim 
victory, which is exceptional in modern times.
    Pathetically, some fringe environmental groups weren't 
happy with that cooperation, and unfortunately it appears the 
Deep State of unelected bureaucrats in DC will roll this back 
to score political points in an election year.
    Throughout this SEIS process, the Department of the 
Interior has made constant, significant errors in the face of 
NEPA. The traffic modeling is outdated given our explosive 
population growth.
    BLM does not even have an engineer on this project or 
updated data. Our local traffic planners offered to provide it 
to them, but BLM will not wait a few weeks until it is 
complete.
    Instead, they plan to release the draft SEIS before it has 
even received, let alone analyzed, that traffic data. BLM says 
it will include it as an appendix in the final SEIS, which 
means the public will have no opportunity to see the analysis 
or comment on it before the decision is made.
    This is only one of many examples of the Department of the 
Interior omitting regular analysis to adhere to their political 
timeline.
    As for the SEIS schedule, we are in almost a decade of 
working on Federal land issues around the Western United 
States. This is the first time I have ever seen the BLM stick 
to a timeline.
    Fifteen years after OPLMA mandated a transportation 
management plan through the NCA, they gave them 3 years to do 
it, 15 years later, they don't even have a plan to start 
working on it.
    But a backroom sue-and-settle deal with fringe 
environmental groups dictates a divinely decreed deadline for 
them.
    Perhaps the most discouraging outcome of this entire thing 
is the permanent relationship damage.
    We will be loud in declaring to counties and states across 
the nation that they should not partner with the Department of 
the Interior because the Federal Government will turn its back 
on decades of cooperation to gain short-term political points.
    Local governments will waste millions of dollars and years 
of effort working for mutual benefit that the Department of the 
Interior will arbitrarily rescind. Better to just start suing 
for what you need and let the courts decide.
    This is truly government at its worst.
    Finally, Mr. Chairman, there has been a lot of 
misinformation on this issue, and I call upon the media 
reporting this hearing to thoroughly read the expert 
testimonies of the witnesses today.
    Responsible journalism demands that they do their homework 
and recognize that the decision being repealed for political 
capital with fringe environmentalists comes at the price of 
real conservation, real benefit to the various endangered 
species, and does nothing other than delay much-needed 
transportation while costing the taxpayers millions of dollars 
in unnecessary delays and legal fees, which seems to be their 
point.
    I express my appreciation to the Utah Congressional 
Delegation for your continued support on this issue and for 
convening this hearing today.

    [The prepared statement of Mr. Snow follows:]
    Prepared Statement of Adam Snow, Washington County Commissioner

    Good afternoon, Chairman Curtis, Rep. Maloy, Rep. Moore, and 
members of the subcommittee. On behalf of my colleagues at the 
Washington County Commission, Victor Iverson and Gil Almquist, we 
welcome you to our county. Let me tell you how Southern Utah came to be 
called Dixie. Quoting from the Washington County Historical Society, 
``By the mid-1850s, the reality of civil war hung over the United 
States. Brigham Young asked the Indian Missionaries in southern Utah to 
see if cotton could be grown there. When they reported in the 
affirmative, President Young immediately made plans to colonize the 
Virgin River Basin.'' My 3rd great grandfather, Erastus Snow, led the 
company of families called to the Dixie Cotton Mission, and the region 
was dubbed ``Dixie'' because of the cotton raised here and the location 
in the southern end of the state. It was a harsh and unforgiving land, 
but thanks to their endurance and perseverance, forward thinking, and 
hard work, they overcame the challenges and developed this incredible 
place we now call home.
    Thank you for inviting me to testify on important ways that 
decisions made by the U.S. Fish and Wildlife Service (FWS) and Bureau 
of Land Management (BLM) directly impact our community. My family has 
lived in Washington County for seven generations, and I have spent much 
of my professional and free time serving this community. As former 
staff to Congressman Stewart and now as a county commissioner, I know 
how vital three things are: (1) smart planning and growth, (2) 
protecting our community, including its environment, and (3) that 
backroom deals and outcome-driven decisions have no place in federal 
land management decisions.
    Unfortunately, our smart growth and conservation actions are 
directly threatened by the recent actions of the Biden Administration.
Smart Growth and Cooperation

    We are the poster child of responsible growth. We greatly 
appreciate that you are holding this field hearing. I invite you to get 
out and notice our growth first-hand. Drive through the new homes in 
Green Springs and notice the excellent desert landscaping. Visit Sun 
River and see how, for decades, we have been building large communities 
with small houses and yards where people thrive because of the 
community resources. Visit Desert Color--the largest planned community 
west of the Mississippi River--and witness how we blend high, medium, 
and low-density housing into a single subdivision, which ensures socio-
economic diversity and helps reduce crime. Lastly, I hope each of you 
travels along Tabernacle Street in St. George and notice new projects 
that have commercial businesses on the ground floor and several stories 
of residential housing above.
    We are flourishing as a community and are following innovative 
growth principles. This is largely due to our responsible development 
community, our great city councils, and our city plans. Over a decade 
ago, our cities and the county got together to develop comprehensive 
planning principles that allow our continued population growth while 
recognizing that we live in a desert and water is scarce. We are now 
enjoying the benefits of that planning, and we are also building on it 
with a massive water reuse program you will hear about later. That 
strategic and responsible planning has allowed this community to be one 
of the fastest growing in the nation for most of the last 20 years. Our 
rapid growth comes internally from children and grandchildren and, more 
recently, from those who choose to move from out of state to St. George 
for all this community offers. We have welcomed everyone and are 
working hard to provide the needed infrastructure to accommodate this 
challenge. Some who have moved here, especially during and since the 
pandemic, are political refugees from California and other blue states 
where liberal policies produced unlivable communities with high taxes, 
rampant crime, poor air quality, and gridlocked highways. 
Unfortunately, through the actions of the BLM and FWS, the Biden 
Administration seems to want to bring some of these same conditions to 
Washington County.
BLM's Likely Harm

    Unfortunately, the likely action by BLM to rescind the Northern 
Corridor right-of-way right before the presidential election will harm 
our community by increasing traffic congestion, lowering air quality, 
and imposing congestion impacts on underserved neighborhoods. After 
marching forward with their Supplemental Environmental Impact Statement 
(SEIS) last year, BLM only recently requested updated information on 
these topics.
    The traffic modeling for the 2020 EIS was based on 2017 data. The 
BLM does not even have a traffic or any other type of engineer on staff 
working on this project. That may be normal for BLM, but it is 
inexcusable that their SEIS contractor also does not have a single 
engineer on the team! They did not have data on our COVID population 
boom from people fleeing locked-down states. Luckily, our local traffic 
planners asked the BLM if they were gathering this information and 
offered to provide it. So, new traffic modeling is being completed and 
should be done in June.
    However, taking the time to actually gather traffic data for a 
decision about the best location of a roadway does not fit with the 
Biden Administration's election-year timeframe. So, the BLM plans to 
release its draft SEIS for public review and comment before it has even 
received, let alone analyzed, that data. This is just wrong! BLM should 
be transparent with the public by providing a full analysis of each 
alternative using up-to-date information. Instead, what BLM intends to 
do by not having the up-to-date information in the draft SEIS is reveal 
it later only by including it as an appendix in the final SEIS, which 
means the public will have no opportunity to see the analysis in the 
actual document or comment on it during a public comment period.
    BLM's statutory mandate in the 2009 Omnibus Public Lands Management 
Act was to develop a transportation management plan through the Red 
Cliffs National Conservation Area in no more than 3 years. They have 
ignored this congressionally mandated deadline for more than 10 years 
with no plans in sight to even work on the transportation plan. 
Instead, they are prioritizing a newer politically driven deadline to 
eliminate the one route that provides the best solution that addresses 
our transportation challenges. Additionally, they do not intend to 
include any analysis of the harm to our air quality or impacted 
neighborhoods that will happen by eliminating the right-of-way. Vehicle 
engines perform best when running at 40-60 miles per hour and emissions 
are the worst with stop-and-go traffic. Having to wait two or three 
lights to get through an intersection wastes fuel because the trip is 
taking longer, and the idling vehicles are polluting more than if they 
were moving efficiently. We do not yet have the current modeling, but 
without a Northern Corridor, the old modeling--which has slower 
population projections than the reality reflected in the new data--
showed that if the right-of-way is rescinded, travel time to get from 
Sunset Boulevard to Exit 13 on Interstate 15 will increase from 14 
minutes of travel time (in 2019) using one of three different routes to 
anywhere from 24 to 40 minutes of travel time. (See 2020 FEIS Appendix 
I, Air Quality Report on page 22)
    Additionally, BLM does not intend to do an updated air quality 
report before deciding whether to rescind the right-of-way. Given the 
``high priority'' the Biden Administration has placed on studying air 
quality in every EIS, it is strange that they will likely decide to 
harm our air quality, and perhaps, just maybe, that is why they are not 
gathering additional information on this impact. This is merely one 
more violation of processes mandated by NEPA to achieve a political 
outcome.
    The Biden Administration talks a lot about environmental justice to 
reverse federal impacts on specific underserved neighborhoods that have 
historically been located next to freeways and train tracks. These 
neighborhoods have higher concentrations of carbon dioxide and become 
concentrated heat domes. The BLM's SEIS process will result in an 
environmental injustice because it will force more and more traffic 
into the increasingly congested urban core of St. George, where the 
lower income and workforce housing is located, causing more air quality 
impacts and transportation backups.
This is Federal Decision-Making at its Worst

    Given my extensive professional experience with land management in 
the West over the past decade, I can expertly declare that this is the 
most predetermined, outcome-driven environmental review I have ever 
seen! With the prior administration, we went through a years-long 
public process, did all of the proper analysis, and achieved the best 
result for our community. In stark contrast, this Administration cut a 
sue-and-settle, back-room deal with fringe environmental groups that 
included a cash payoff and a commitment to get this done by election 
time regardless of how many corners would have to be cut. Now, they are 
going through a predetermined ``sham'' process that ignores their own 
policies of stakeholder participation, climate impact analysis, and 
environmental justice impacts. The political appointees in Washington, 
D.C., know precisely their end outcome. Regardless of the environmental 
consequences, they are going to do what they need to secure the 
political support of fringe environmental groups who do not represent 
or speak for the values of this community. These fringe groups think 
that if they can stop this roadway, they can help prevent growth here 
in Washington County. Ironically, most of them also just moved here 
themselves.
    When BLM rescinds the Northern Corridor right-of-way, not only will 
it become harder and harder to travel east to west and vice versa 
across our county, it will be a massive loss for our recreation 
community because then the Fish and Wildlife Service is obligated to 
authorize the take of desert tortoises on the non-federal lands in Zone 
6--which means that eventually, those popular trails and climbing areas 
will in all likelihood be turned into housing. It will be a loss for 
350-500 Mohave desert tortoises and all of the potential progeny that 
could have lived long lives in Zone 6 as their habitat is permanently 
lost to development. It will be a loss for our partnerships with 
federal agencies. We have worked openly and in good faith for decades 
with BLM and the Fish and Wildlife Service. This has produced 
remarkable outcomes for the community and the species. We cannot, 
however, continue to do that if they are going to extract millions of 
dollars from us to recover the tortoise and then rescind the permit 
that we were paying for. This is government at its worst. The original 
permit was a good faith compromise that allowed all stakeholders to 
join in a mutually beneficial partnership between federal, state, 
local, and private entities. All stakeholders could proudly declare a 
victory on conservation, environment, recreation, development, and 
transportation. In this back-room, closed-door, exclusive deal, the 
federal government is violating federal law not for the benefit of the 
tortoise, the environment, recreation, transportation, or federal 
partnerships. It is only for the benefit of political points to their 
fringe supporters.
    I wish to express my appreciation to the Utah Congressional 
delegation for their continued support on these issues. Thank you for 
convening this hearing today.

                                 ______
                                 

    Mr. Curtis. Thank you, Commissioner Snow.
    I now recognize the Honorable Eric Clarke, attorney for 
Washington County, for 5 minutes.

   STATEMENT OF THE HONORABLE ERIC CLARKE, COUNTY ATTORNEY, 
              WASHINGTON COUNTY, ST. GEORGE, UTAH

    Mr. Clarke. Distinguished members of the Committee, thank 
you for this opportunity.
    I have spent much of the last 10 years working on the 
issues before the Committee today.
    In our county, we strive to preserve our amazing land, 
protect at-risk plants and animal species, manage our rapid 
population growth, and welcome 8 to 10 million annual visitors.
    Unfortunately, the impending cancellation of the Northern 
Corridor Right-of-Way will increase traffic congestion, harm 
our area's desert tortoise population, open a popular 
recreation area to development, and worsen our air quality.
    Twenty years ago, as the Congresswoman mentioned, our local 
leaders began working with Congress, conservation groups, and 
others to protect open space without hindering water 
development, utility access, or approval of the Northern 
Corridor.
    Those efforts resulted in the Washington County Growth and 
Conservation Act passed as part of an omnibus bill in 2009.
    On the conservation side, the Act designated over 250,000 
acres of wilderness, classified the Virgin River as wild and 
scenic, and established two national conservation areas, or 
NCAs, protecting an additional 100,000 acres.
    On the growth side, the Act affirmatively allowed 
maintenance and development of utility and water systems in the 
Red Cliffs NCA.
    Additionally, BLM was required to adopt the travel 
management plan, containing one or more Northern Corridor 
options by 2012.
    BLM has fully implemented all of the conservation measures 
of the Act while largely ignoring the growth measures.
    On utility and water access in the Red Cliffs NCA, in 2016, 
the efforts of this Committee, and then Deputy County Attorney 
Celeste Maloy, played a major role in ensuring BLM's initial 
and restrictive proposals were not implemented.
    However, BLM has still not adopted a travel management 
plan. Even worse, prior to 2017, it openly opposed the Northern 
Corridor.
    So, our county joins state, local, and Federal partners to 
tackle the issue.
    While the county had no biological mitigation obligations, 
our team of partners built a conservation package that 
obviously offsets the negative impacts from constructing the 
road. This included adding a new zone to the Red Cliffs Desert 
Reserve and additional mitigation in the area around the 
Northern Corridor.
    The new zone, Zone 6, contains nearly 7,000 acres. Roughly 
half is BLM-managed land, and most of the rest is Utah school 
trust land.
    Zone 6 has a large and healthy desert tortoise population 
and is used heavily by mountain bikers and climbers, with the 
Bearclaw Poppy Trail alone having over 1 million riders 
annually.
    If we compare the desert tortoise habitat lost to the 
Northern Corridor to what is gained by Zone 6, we added 12 
acres of habitat for each acre impacted, again, 12 to 1.
    If instead we compare actual tortoises, Zone 6 protects 
between 500 and 1,000 tortoises, and 40 to 50 would be impacted 
by the road.
    We also committed to improve the habitat in the Red Cliffs 
NCA by adding tortoise crossing culverts underneath the 
Cottonwood Road that is currently an impassable barrier that 
cuts Zone 3 of the reserve in half.
    The proposed benefits to the tortoise far outweigh harms 
caused by the 4\1/2\-mile-long Northern Corridor.
    But in order to prevent a roadway expressly allowed by the 
law, the Biden administration is moving forward to remove 
protections on thousands of acres of occupied desert tortoise 
habitat. It is going to open up over 3,400 acres in Zone 6 to 
development.
    It is mind-blowing that people are willing to sacrifice so 
much habitat in order to prevent a congressionally authorized 
road. That decision will not only harm conservation efforts, it 
is burning bridges built by decades of working together in good 
faith.
    Our county has spent over $6 million to fulfill our 
Northern Corridor commitment since January 2021. Federal 
agencies have required us to continue with these activities for 
years as they negotiated behind closed doors with environmental 
groups how to keep the benefits of our actions and cancel the 
Northern Corridor.
    We have fulfilled our part of the bargain, but they are 
walking away from theirs.
    Thank you for your support and assistance. We have made 
significant progress on these issues over the last 10 years. I 
am confident that with the facts on our side and the broad 
support we receive from our local, state, and Federal partners, 
we can and will fix this issue and continue appropriately 
balancing growth and conservation in our community.

    [The prepared statement of Mr. Clarke follows:]
     Prepared Statement of Eric Clarke, Washington County Attorney

    Mr. Chairman Curtis, Representatives Maloy and Moore, and other 
distinguished members of the Committee, thank you for the opportunity 
to address you today. I have worked in the Washington County Attorney's 
Office for thirteen years and served as the County Attorney since 2020. 
I spent much of the last nine years working on issues regarding the 
county's Incidental Take Permit and related Habitat Conservation Plan 
for the federally protected Mojave desert tortoise and the planned 
Northern Corridor that will cross the southern portion of the Red 
Cliffs National Conservation Area. Unfortunately, in an election year 
the Biden Administration is moving at a reckless pace to undo our work. 
Their actions will increase traffic congestion, significantly harm our 
area's Mojave desert tortoise population, make popular recreation areas 
on public lands immediately subject to development, and worsen our air 
quality. It is an example of politically-driven decisions leading to 
harmful results.
Washington County Background

    We are a public lands county, with the federal government managing 
over 75% of our county. Of our 1.5 million acres, the Bureau of Land 
Management (BLM) manages 41%, the U.S. Forest Service manages 25%, and 
the National Parks Service manages 9%. Our county's uniquely beautiful 
landscape is due to the junction of the Colorado Plateau, Mojave 
Desert, and Great Basin landforms. Our vistas, warm climate, and 
friendly community make Washington County an ideal place to live, and 
we continue to experience rapid population growth. In 1960 we had 
10,000 residents. Today we have 200,000. To put that in perspective, 
our population has at least doubled every twenty years since 1960. 
Tourism is also an important part of our economy, and we estimate that 
our area receives between eight and ten million visitors annually.
    In addition to being an attractive place for people, our unique 
landscape is also home to 15 federally protected plant and animal 
species. Our community leaders work diligently to ensure our population 
growth and outdoor recreation occurs in ways that preserves our local 
environment. Our open space and beautiful views are extremely important 
to residents and visitors.
2008 Washington County Growth and Conservation Act

    We have worked diligently to preserve open space in our area. 
Twenty years ago, Governor Olene Walker encouraged our local leaders to 
work with Congress, conservation groups, and others to protect 
significant swaths of open space in our county while ensuring those 
protections would not impede water development, utility access, or our 
transportation needs. Those efforts resulted in the Washington County 
Growth and Conservation Act, which was passed as part of the 2009 
Omnibus Public Lands Management Act (Public Law 111-11). That Act 
designated 16 wilderness areas, totaling over 250,000 acres. It 
designated 165 miles of the Virgin River and its tributaries in our 
county as a Wild and Scenic River. Lastly, the Act established two 
national conservation areas protecting, to a lesser degree than 
wilderness, an additional 100,000 acres. This NCA acreage was expected 
to grow significantly when BLM fulfilled its commitment to acquire the 
privately held and school trust lands inside the Red Cliffs National 
Conservation Area (Red Cliffs NCA) boundary. The Act even designated 
that funds from BLM selling lands that had been listed for disposal 
years earlier would go towards acquiring the NCA inholdings. Truly, the 
``conservation'' side of the Growth and Conservation Act was 
significant.
    On the ``growth'' side, local and state land-use planners were 
given assurance that the Red Cliffs National Conservation Area's 
creation would not unduly hinder running utilities across or accessing 
water that would be necessary for future population growth. This was 
important because the NCA's southern and eastern boundary was adjacent 
to existing or planned developments, and its western boundary abuts the 
Shivwits Band of Paiutes Reservation. So to some degree, the NCA land 
must be utilized for the movement of water, utilities, and traffic.
    The Act also gave BLM three years to develop a comprehensive travel 
management plan that would ensure appropriate access to all of the BLM 
managed land in the county. The contents of the final plan for BLM 
managed lands were to include one or more options for the construction 
of the Northern Corridor. As you can see in the map prepared for this 
testimony, the Red Cliffs NCA boundary dips south near the historic 
downtown of St. George City (See Exhibit A). Traffic planners have 
identified the need for a northern bypass road since the mid-1980s, and 
that is why it was included in the Act.
BLM's Failure to Follow the Law

    Inexplicably, the BLM has fully implemented all of the conservation 
measures of the Act while largely ignoring the growth measures.

    Utility and Water Access. This Committee held a field hearing in 
St. George City several years ago to address utility and water access 
in the Red Cliffs NCA. The draft Resource Management Plan (RMP) for the 
Red Cliffs NCA inappropriately restricted utility and water access. 
Pressure from the committee combined with excellent work of then Deputy 
County Attorney Celeste Maloy resulted in most of these concerns being 
resolved before the finalization of the RMP.

    Travel Management. Around 2014, the local BLM field office began 
working with the County on the required travel management plan. For six 
months county and BLM planners identified dispersed campsites, 
overlooks, and other destinations throughout the county. The draft plan 
was well written, and the county was largely supportive of BLM's 
preferred alternative. However, the plan was never released for public 
comment or adopted. It has sat on a shelf in the BLM office for ten 
years. We have even heard rumors that BLM plans to abandon the draft 
plan that was written with the 2009 Act in mind and instead craft a 
more restrictive transportation plan.
    Northern Corridor. BLM's most egregious action was its open 
opposition to the Northern Corridor. This was demonstrated by the 
denial of an initial application for the roadway--which was overturned 
by the Department of Interior Board of Land Appeals, and the refusal to 
include a corridor in the Red Cliffs NCA RMP that would meet our area's 
traffic needs.
Granting a Right-of-Way

    In order to directly address the Northern Corridor issue, in 2017, 
our county teamed up with the U.S. Fish and Wildlife Service, the State 
of Utah, the state's school trust lands administrators, local 
transportation planners and cities, and even the BLM. While our 
position remains that no additional biological mitigation should be 
necessary because the roadway was part of the bargain struck in the 
2009 Act, we acknowledge there are legitimate concerns about the road's 
impacts on the Red Cliff's Desert Reserve, which is the basis for the 
county's Mojave desert tortoise incidental take permit. We also saw an 
opportunity to protect as open space the heavily recreated area shown 
as Zone 6 in the map before you (See Exhibit A). So, from 2017 to 2021, 
the BLM and Fish and Wildlife Service jointly completed an 
environmental impact statement that analyzed (1) an application from 
Utah for the Northern Corridor Right-of-Way and (2) a twenty-five-year 
renewal of the County's desert tortoise incidental take permit. The ITP 
renewal process included amending the County's Habitat Conservation 
Plan so that the plan addressed commitments from the County, BLM, 
school trust lands administration, and others that would only be 
triggered if the Northern Corridor were approved. The most important 
aspect of those commitments was expanding The Red Cliffs Desert Reserve 
to include Zone 6.
    Zone 6 contains 6,813 acres, half of which is BLM managed land. 
One-third of Zone 6 is part of the Red Bluff Area of Critical 
Environmental Concern which was already managed for conservation of the 
protected dwarf bear-poppy plant but not for the Mojave desert 
tortoise. Nearly half of Zone 6 is owned by Utah school trust lands 
administration, and the remaining acres are owned by private property 
owners or local governments. The area has a large and healthy desert 
tortoise population. It is also heavily recreated. Popular trails 
include Bearclaw Poppy and Zen. Rock climbing areas include Green 
Valley Gap and Moe's Valley. To put in perspective how popular the area 
is, trail counters show that over 100,000 mountain bike rides occur 
annually on Bearclaw Poppy Trail alone.
    In order to ensure that all impacts to the desert tortoise from the 
construction of the Northern Corridor would be fully offset, the county 
and its partners proposed that all 6,813 acres in Zone 6 be managed for 
the benefit of the tortoise, that the prior development authorization 
of 3,341 acres of non-federally managed lands be done away, and that 
tortoise culverts be strategically placed under Cottonwood Road in the 
portion of the Red Cliffs NCA near the Northern Corridor. In acres this 
created a 12:1 gain to loss ratio; in actual tortoises that would be 
disturbed, the ratio was 8:1 (but with new information we believe it is 
closer to 10:1), and in fragmentation of tortoise habitat the ratio is 
also 8:1. (See appendix G, Determining Fully Offset for the Northern 
Corridor of the 2020 Amended and Restated Washington County Habitat 
Conservation Plan.) No one can reasonably refute that the proposed 
benefits to the tortoise recovery efforts far outweigh the harms caused 
by the construction and ongoing use of the four and half mile-long 
Northern Corridor.
    It is shocking that in order to prevent the construction of a 
roadway expressly allowed by law, President Biden's Department of 
Interior is going to remove protections on thousands of acres of 
occupied desert tortoise habitat! At most, fifty tortoises will be 
temporarily removed from the right-of-way and have their movements 
impeded until the road is finished and they can cross under its bridges 
or culverts. But at least 350 tortoises will be relocated out of Zone 6 
and into the Red Cliffs NCA--a significant distance where they will 
lose access to all of their prior burrows--when the trust lands and 
private property in Zone 6 are developed.
Breaching Trust

    In addition to the horrible biological path the Biden Department of 
Interior is taking, they are also burning the bridges built by decades 
of working together in good faith. Since the Northern Corridor Right-
of-Way was issued in January 2021, our county has been obligated to 
fulfill many commitments in connection with the road's approval. We 
have spent over $6 million! We have closed down areas to OHV use with 
fencing, signage, and regular law enforcement presence. We purchased 
enough acres of land to offset the loss of acres from the road at a 3:1 
ratio. We purchased grazing permits to be retired. We built a public 
outreach center and educated the public about our area's sensitive 
animals and plants daily. We have implemented tortoise conscious 
development restrictions for utilities crossing Zone 6. And we have 
significantly cleaned up and reduced the amount of trash dumping that 
had occurred in the area for decades. We fulfilled our part of the 
bargain.
    But neither the BLM nor the Fish and Wildlife Service ever 
indicated that we should hold off on these activities or that our 
obligations were being put on hold while they negotiated for years with 
environmental groups. It is clear they intend to eliminate the corridor 
and not compensate the county in any way for the taxpayer dollars we 
spent under our Northern Corridor obligation. It is unclear how we can 
work with these agencies in the future if they are going to go back on 
their commitments and keep the full benefit of our work and resources.
Conclusion

    We are very grateful for the constant support and assistance of the 
Utah Congressional delegation and their staff. We have made significant 
progress on these issues over the last ten years. While we will likely 
suffer a setback this year due to President Biden's reelection-geared 
decisions, I am confident that with the facts on our side and the broad 
support we receive from our local, state, and federal partners, we will 
get this fixed and continue to appropriately balance growth and 
conservation in our community. Thank you for holding this important 
hearing today.
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                                 __
                                 

    Mr. Curtis. Thank you, Mr. Clarke.
    I would now like to recognize the Executive Director for 
the Utah Department of Transportation.
    Carlos, you have 5 minutes.

    STATEMENT OF CARLOS BRACERAS, EXECUTIVE DIRECTOR, UTAH 
        DEPARTMENT OF TRANSPORTATION, TAYLORSVILLE, UTAH

    Mr. Braceras. Chairman Curtis, distinguished members of the 
Federal Land Committee, and members of Utah's Delegation, my 
name is Carlos Braceras, Executive Director of the Utah 
Department of Transportation.
    Thank you for coming to the great state of Utah for the 
opportunity to testify regarding the urgently needed Northern 
Corridor. On behalf of Utah, I want to express my gratitude to 
the Members of the Utah Delegation for bringing this issue 
forward.
    I will share a little bit of background, some of which you 
have heard, as to why we are having this conversation.
    The St. George metropolitan area is one of the fastest-
growing areas in Utah and in the United States. According to 
the U.S. Census Bureau, in the past 35 years, St. George area 
has grown by over 400 percent. During the period from 2020 to 
2023, it grew an estimated 12 percent.
    In anticipation of this growth, long-term transportation 
plans identified the need for a northern transportation 
corridor as far back as the mid-1980s.
    It is not hard to see why the Northern Corridor is 
fundamental to a successful transportation system that supports 
the social, physical, and economic well-being of communities in 
the St. George metropolitan area.
    In fact, Congress recognized how important this corridor is 
when it established the Red Cliffs National Conservation Area 
as part of the Omnibus Public Lands Management Act of 2009.
    When establishing the conservation area, Congress also 
directed the BLM to develop a comprehensive travel 
transportation management plan, and in doing so, to identify 
one or more alternatives for a northern transportation route in 
Washington County.
    This was to be done within 3 years of passage of OPLMA, and 
done in consultation with state, tribal, and local governments.
    Because UDOT recognized the timeliness and importance of 
these decisions, we, along with the local governments, began 
identifying a route that would be both compliant with OPLMA 
directives and feasible from an engineering perspective.
    In doing so, we solicited input from the BLM, the U.S. 
Forest Service, and other Federal agencies.
    Due to the input that they provided, we actually changed 
the alignment that we were proposing, one that actually 
performed best from an operational perspective, to one that, 
according to the agencies, would be better for the desert 
tortoise.
    Additionally, we agreed to help expand the Habitat 
Conservation Plan for the desert tortoise by putting thousands 
of otherwise unprotected state lands into conservation.
    Despite all these efforts, 9 years later, 6 years after the 
congressional deadline, BLM had still not implemented the 
required travel management plan. So, in 2018, UDOT applied for 
a right-of-way within the Red Cliffs National Conservation Area 
which compelled BLM to act upon the directives of Congress.
    BLM was forced to initiate an EIS process to analyze the 
effects of granting a right-of-way to UDOT and amend their 
resource management plan. The result was a record of decision 
that granted UDOT a right-of-way in early 2021.
    Today, those same Federal agencies have insinuated that the 
Northern Corridor was an idea hastily hatched during the Trump 
administration and decided in its waning days. That could not 
be further from the truth.
    They also put forward the troubling narrative that it is 
legitimate and normal to use a Supplemental Environmental 
Impact Statement process that is geared towards a new alignment 
that terminates UDOT's right-of-way, has an abbreviated 
timeline determined by the terms of the settlement agreement 
that UDOT was not even allowed to be party to, and ignores NEPA 
principles and best practices.
    In conclusion, I ask that you consider the following.
    The Northern Corridor has been carefully planned for 
decades, because the success of Washington County's 
transportation system is dependent upon a functioning northern 
county corridor.
    If the UDOT right-of-way were to no longer exist, the 
additional conservation areas for the desert tortoise would 
also cease to exist.
    And lastly, the Federal Government has a duty to comply 
with OPLMA, as well as a duty to carry out NEPA according to 
regulations and procedures. The Federal Government is not above 
its own law.
    Thank you for your time, and I am pleased to answer any 
questions that the Members may have.

    [The prepared statement of Mr. Braceras follows:]
    Prepared Statement of Carlos Braceras, Executive Director, Utah 
                      Department of Transportation

Introduction

    Chairman, Ranking Member, Vice Chair, and distinguished members of 
the Federal Lands Subcommittee. My name is Carlos Braceras, and I am 
the Executive Director of the Utah Department of Transportation (UDOT). 
Speaking on behalf of the Utah Department of Transportation, we are 
very grateful to the members of the Utah Delegation for providing this 
opportunity to discuss the Northern Corridor project. Thank you for 
coming to the great state of Utah and for allowing me the opportunity 
to testify regarding the importance of the vital and necessary Northern 
Corridor transportation route in Washington County and the mandate that 
Congress set forth nearly 15 years ago directing the Bureau of Land 
Management (BLM) to identify a northern transportation alignment on 
lands managed by the BLM, which primarily consist of the Red Cliffs 
National Conservation Area. As you know, Washington County is an area 
within the State of Utah that is largely surrounded and landlocked by 
federal public lands, so we are acutely aware of the challenge this 
issue poses as we try to conduct transportation planning for our 
communities.
    UDOT is the designated state agency responsible for transportation 
in the State of Utah. UDOT's mission is to enhance the quality of life 
for Utahns through transportation. We do this by optimizing mobility, 
connecting communities, promoting a strong economy, and encouraging 
good health. We take these responsibilities seriously and understand 
the potential that each transportation project has to benefit and 
improve communities and the environment. Accordingly, UDOT expends 
significant time, energy, and effort to collaboratively work with local 
governments, including rural and metropolitan planning organizations, 
to understand and address local and regional transportation needs, 
perspectives, and concerns. As a state entity with delegated NEPA 
authority from the Federal Highway Administration, UDOT is keenly aware 
of the importance that the administrative and NEPA process play in the 
evaluation and consideration of any proposed project and land 
management decisions.
    As a state governmental entity, we fastidiously abide by all laws 
and regulations relevant to our work, and we see it as equally 
important for the federal government to be held to the same standard. 
In this case, the federal government has a duty to comply with the 
Congressional directive under the Omnibus Public Lands Management Act, 
Pub. L. No. 111011, 123 Stat. 991, 1081-83 (2009) (OPLMA) as well as a 
duty to objectively carry out its National Environmental Policy Act 
(NEPA) review in accordance with applicable regulation and procedure.
Northern Corridor

    The long-planned ``Northern Corridor'' is a proposed transportation 
corridor referred to by various names that connects the communities of 
Ivins, Santa Clara, and the western urbanized area of St. George to the 
west and Washington and Hurricane to the east between State Route 18 
and Interstate 15. Connecting these communities requires crossing 
federal public lands. Because of the importance of this corridor, the 
northern transportation route connecting these endpoints has been on 
state or local transportation plans for more than 30 years. Since 2017, 
significant planning for development of this corridor has been 
undertaken as a result of current demand and forecasted population 
growth within Washington County. The Northern Corridor is a necessary 
highway infrastructure project to accommodate and support the increased 
growth and travel demands and reduce impacts to aging transportation 
infrastructure that was not designed for the capacity we now anticipate 
and the growing population now projected for Washington County.

    Over the years, UDOT has prepared or funded, by itself or with 
other state and local entities, at least five different studies of 
alignments for the corridor, including the following:

     Red Hills Parkway State Route 18 (Bluff Street) to 
            Industrial Road Development Assessment (2009 UDOT);

     Washington Parkway Cost/Benefit Study (Horrocks Engineers, 
            2011);

     Washington Parkway Study: Integration of East-West 
            Transportation Needs with Conservation Objectives for 
            Desert Tortoise in Washington County, Utah (Jacobs and 
            Logan Simpson 2012);

     Washington County General Plan (amended 2012); and

     Dixie Metropolitan Planning Organization (DMPO) Regional 
            Transportation Plan.

    Notably, Washington County has grown from a community of 13,669 in 
1970 to its current population of approximately 189,500 people. 
According to the U.S. Census Bureau, in the past 35 years, the St. 
George area has grown by more than 400 percent. Based on this explosive 
growth, the existing transportation network between S.R. 18 and I-15 is 
not adequate to meet future (2050) east-west travel demand in the 
northeastern and northwestern areas of St. George. A northern 
transportation route for the rapidly growing area is necessary to 
reduce traffic congestion, substantial delays and idling, which is also 
expected to improve air quality. In addition to improving east-west 
mobility on arterial and interstate roadways, the highway is necessary 
to reduce traffic volumes on key corridors such as Bluff Street, Red 
Hills Parkway, and St. George Boulevard that are currently congested 
and are expected to experience worse congestion in the future as the 
Washington County population grows and the associated east-west travel 
demand increases.
    The Northern Corridor will fulfill a necessary transportation need 
identified decades ago that UDOT has planned for, studied, and invested 
millions of dollars to develop. It has done so working in close 
cooperation with the DMPO (the agency responsible for regional 
transportation planning in Washington County); Washington County; the 
City of St. George; Washington City; the City of Ivins; the City of 
Santa Clara; the City of Hurricane; and other communities in the St. 
George and Hurricane urbanized area.
Omnibus Public Lands Management Act (OPLMA)

    Nearly 15 years ago, in creating the Red Cliffs National 
Conservation Area, Congress, state and local officials, and 
conservation groups recognized the challenges in balancing management 
and conservation values with local and regional growth of the 
surrounding community in Washington County. To meet this challenge, 
Congress reached a compromise in enacting OPLMA in 2009 with twin aims 
focused on balancing conservation with regional transportation needs 
based on growing community needs. In this legislation Congress 
recognized the need for a northern corridor transportation route over 
federal public lands because the only BLM-managed lands north of the 
City of St. George in Washington County were in the Red Cliffs National 
Conservation Area as shown on the maps in Attachment A, which were 
included in the statute.

    In recognition of this circumstance, in enacting OPLMA, Congress 
expressly directed the Secretary of the Interior to meet the following 
mandates:

  1.  OPLMA Section 1974 Mandate: manage the National Conservation Area 
            in a manner that conserves, protects, and enhances (1) the 
            resources the ecological, scenic, wildlife, recreational, 
            cultural, historical, natural, educational, and scientific 
            resources of the National Conservation Area for the benefit 
            and enjoyment of present and future generations; and (2) to 
            protect each species that is located in the National 
            Conservation Area and listed as a threatened or endangered 
            species under the Endangered Species Act. OPLMA 
            Sec. 1974(e); and

  2.  OPLMA Section 1977 Mandate: within three years of its passage 
            (2012), develop a comprehensive travel management plan to 
            provide the public a marked network of roads and trails 
            with signs and maps over lands managed by the BLM and lands 
            under management by the U.S. Forest Service in Washington 
            County, in consultation with appropriate Federal agencies 
            and State, tribal, and local governmental entities. 
            Congress further directed that the travel management plan 
            should:

              promote enhanced recreation and general access 
        opportunities;

              help reduce in the County growing conflicts 
        arising from interactions between motorized recreation and 
        important resource values on public lands;

              promote citizen-based opportunities for 
        monitoring and stewardship of trails and trail system 
        management;

              support law enforcement officials in promoting 
        compliance with off-highway vehicle laws and deterring abuses 
        of public land; and

              identify 1 or more alternatives for a northern 
        transportation route in the County.

OPLMA Sec. Sec. 1977(b).

    Despite the clear federal direction and Section 1977 mandate, it 
has been fifteen years since OPLMA was passed. We are nearly twelve 
years beyond the statutory deadline for BLM to identify a northern 
transportation route in cooperation with the affected state and local 
entities that require it, yet, the BLM has yet to seriously consider a 
comprehensive travel management plan. BLM's actions over the last 
several years continue to undermine any measurable progress in meeting 
BLM's Section 1977 obligations under OPLMA at best. At worst, BLM's 
actions demonstrate noncompliance and disregard of the law and BLM's 
statutory requirements.
UDOT Right-of-Way

    Based on a combination of the directive under OPLMA, prior local 
and regional planning and needs, and current demand and forecasted 
population growth within the county, which will continue to outstrip 
the capacity of the transportation network, UDOT proactively submitted 
an application to the BLM for a right-of-way for a four-lane highway 
that includes a paved hike and bike path, and will be 4.5 miles long, 
with 1.9 miles crossing federal lands in the Red Cliffs National 
Conservation Area as shown in purple below:

[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

    After completing the NEPA process and consultation under 
Section 7 of the Endangered Species Act, on January 15, 2021, BLM 
issued a Record of Decision approving a right-of-way subject to 
specified mitigation measures. In issuing this decision, BLM determined 
that granting the right-of-way was consistent with the legislative 
instructions under both Sections 1974 and 1977 of OPLMA.
UDOT Mitigation Commitments and Northern Corridor ``Changed 
        Circumstance''

    As you are aware, this area is also home to the Mojave Desert 
Tortoise. Washington County currently manages conservation of Mojave 
Desert Tortoise in the Upper Virgin River Recovery Unit and development 
on 12,264 acres of non-Federal lands in Washington County under an 
Habitat Conservation Plan (HCP). In collaboration with BLM and other 
HCP partners, the HCP originally created the approximately 62,000 acres 
Red Cliffs Desert Reserve (Reserve) aimed to protect a significant 
block of desert tortoise habitat in Washington County. Currently, the 
Reserve is segmented into five management zones separated by 
topographical and human barriers. Reserve Zones 1, 2, and 3 are north 
of the cities of Ivins, St. George, and Washington and west of 
Interstate 15. Reserve Zones 4 and 5 are north of the city of 
Hurricane, south of Leeds, and east of I-15.
    In issuing the Northern Corridor right-of-way, the U.S. Fish and 
Wildlife Service determined that the project impacts would not 
appreciably affect either the survival or recovery of Mojave Desert 
Tortoise finding that the proposed UDOT mitigation measures would be 
more protective and beneficial to desert tortoise and the environment.
    As part of the proposed application and issuance of the Northern 
Corridor right-of-way and Washington County's proposed application for 
renewal of its incidental take permit and amendment of its HCP, UDOT in 
collaboration with Washington County agreed to and coordinated 
mitigation measures targeted to offset impacts to the Mojave Desert 
Tortoise from the proposed highway which would be located in Reserve 
Zone 3. This included nearly 14 pages of mitigation measures, including 
specific Northern Corridor design features, including exclusionary 
tortoise fencing, shade structures, and passageways to provide 
effective mitigation against potential habitat fragmentation and 
connectivity issues for Mojave Desert Tortoise, and additional 
monitoring.

    Additionally, Washington County's Amended HCP expressly included a 
Northern Corridor ``changed circumstance'' that addresses effects of 
the highway to the HCP conservation program if a right-of-way is 
issued. A significant part of the Northern Corridor changed 
circumstance in the Amended HCP is to establish, administer, and manage 
expansion of the Reserve to include a new Reserve Zone 6 of 
approximately 6,813 acres (nearly an 11 percent expansion). This new 
Reserve Zone 6 would result in benefits and uplift to Mojave Desert 
Tortoise, and its habitat, including additional commitments by UDOT, 
BLM, and the State of Utah School and Institutional Trust Lands 
Administration (SITLA), and Utah Department of Natural Resources 
(UDNR), aimed at offsite habitat restoration after the 2020 wildfires, 
and acquisition of state and private lands, would further protect the 
subpopulation Mojave Desert Tortoise in the Upper Virgin River Recovery 
Unit such as:

     Reserve Administration: The County will provide additional 
            funding for up to three full time HCP support staff, 
            including an Outreach Coordinator, Field Technician, and 
            Administrative Assistant.

     Reserve Land Acquisition: The County will fund the 
            acquisition of approximately 450 acres of SITLA-owned lands 
            within proposed Reserve Zone 6 prior to the start of 
            construction of the Northern Corridor.

     Reserve Fencing: The County will install fencing along the 
            eastern parts of the Reserve Zone 6 boundary and along the 
            Navajo Road corridor to prevent motorized access outside 
            the road right-of-way; and other fencing to enhance 
            protections for listed plant species within Reserve Zone 6.

     Law Enforcement: The County will provide additional 
            funding for Washington County Sheriff Deputy patrols within 
            the Reserve.

     Community Education and Outreach: The County will provide 
            additional funding for education and outreach efforts that 
            may include videos, advertising, handouts, community 
            engagement, contractor training, and volunteer 
            coordination.

     Grazing Permit Acquisition and Retirement: The County and 
            the HCP Partners \1\ will coordinate with the holders of 
            active grazing permits applicable to Reserve Zone 6 and 
            negotiate the acquisition of such grazing permits from 
            willing sellers.
---------------------------------------------------------------------------
    \1\ The ``HCP Partners'' include the U.S. Fish and Wildlife 
Service, BLM, UDNR, SITLA, Washington County, and Ivins City.

     Development Protocols: The County and the HCP Partners 
            will subject the allowed uses of Reserve Zone 6 to the 
            applicable provisions of the Development Protocols. The 
            County will provide additional funds to support the 
            application of Development Protocols associated with the 
---------------------------------------------------------------------------
            proposed Reserve Zone 6.

     Recreation Management: The County, the BLM, and the other 
            HCP Partners agree to reduce the total mileage of 
            designated recreation access routes within Reserve Zone 6 
            to approximately 50 miles of primarily nonmotorized 
            trails--a two-thirds reduction in the total mileage of 
            existing trails. The County and the HCP Partners will amend 
            the Public Use Plan to create a final trail plan that 
            implements the targeted level of trail reduction within 
            Reserve Zone 6. The County will act within its discretion 
            to complete these Public Use Plan amendments within the 
            first 5 years after this Changed Circumstance is triggered. 
            The County also commits to funding recreation management 
            activities within Reserve Zone 6, such as the installation 
            of signs, trail maintenance or enhancement, parking 
            improvements, and similar actions.

     Reserve Habitat and Fire Management: The County will 
            provide additional funds to support the management of 
            SITLA-owned lands in Reserve Zone 6 and financial support 
            for HCP Partners with long-term management responsibilities 
            associated with the proposed Reserve Zone 6.

     Monitoring and Adaptive Management Planning: The County 
            and the HCP Partners will expand the biological monitoring 
            program to include Reserve Zone 6. To support this 
            expansion, the County will provide additional funding for 
            baseline Reserve population monitoring and special topic 
            monitoring for use by UDWR or another qualified contractor.

     Retire Previously Authorized Reserve Zone 6 Take: Retire 
            the previously authorized, but unutilized, incidental take 
            associated with the 3,341 acres of non-federal lands within 
            Reserve Zone 6. The retirement of previously authorized 
            incidental take creates a conservation benefit separate 
            from the uplift from the establishment and management of 
            Reserve Zone 6.

     Cottonwood Road Tortoise Passages: The County and the HCP 
            Partners will provide technical assistance and funding to 
            support the design, construction, maintenance, and/or 
            monitoring of tortoise passages in Washington County, with 
            an emphasis on creating connectivity across Cottonwood Road 
            in Reserve Zone 3.

    The new Reserve Zone 6 would represent a large and contiguous block 
of habitat in Washington County outside the current Reserve that would 
protect the largest known sub-population of tortoises that would 
otherwise be subject to take under Washington County's incidental take 
permit. However, with issuance of the Northern Corridor right-of-way, 
these lands would be permanently protected providing significant 
benefits to Mojave Desert Tortoise and their habitat.
Federal Agency Post-Decisional Actions

    After the change in presidential administrations, however, the 
Project was litigated and BLM settled with the Project's opponents 
(many of whom were organizations not based in Utah) rather than 
standing behind the agency's decision. It has given no sign that it 
intends to fulfill the transportation-related mandates under OPLMA. 
[Moreover, BLM and the U.S. Fish and Wildlife Service have unilaterally 
taken further action to undermine the issuance of the UDOT Northern 
Corridor right-of-way by (1) refusing to enter into a Memorandum of 
Agreement to complete Section 106 consultation under the National 
Historic Preservation Act for nearly 4 years, which process BLM 
proposed and then declined to defend, and (2) voluntarily withdrawing 
and amending the supporting Biological Opinion issued to complete the 
Section 7 consultation process under the Endangered Species Act. 
Despite withdrawal of the Biological Opinion and pending 
reconsideration of the original right-of-way grant, BLM has continued 
to act as though the Northern Corridor ``changed circumstance'' has 
been triggered, pressuring state and local agencies to expend time, 
effort, and money toward implementing the mitigation required under the 
changed circumstance. Because such land use management changes were 
completed as part of a project level application and amendment, it is 
not proper nor within the province of BLM to change aspects of a 
project application for implementation; and notably, without input from 
the project proponent. To the extent BLM seeks to complete broad land 
use management planning for the area, federal statute and regulations 
expressly set forth the procedures and requirements to complete such an 
amendment, and BLM should be required to follow that process.
    In our experience, the local BLM office has historically engaged in 
a very positive manner with UDOT. But when it comes to this Project, 
BLM has declined to engage with the project proponents and 
stakeholders, including UDOT and the entities most affected by any 
decisions or further review under NEPA. Instead, it appears that BLM, 
at the highest levels, has selectively engaged with its preferred 
constituents in meetings, discussions, and agreements behind closed 
doors, then acted unilaterally to effectuate those backroom decisions. 
In such meetings, BLM has intentionally not provided UDOT a seat at the 
table and withheld information from UDOT. Those actions do not reflect 
the behavior of a good neighbor vis-a-vis adjacent landowners, nor a 
government that respects the sovereign interests of its state and 
municipal counterparts. Such actions are not reflective of good 
government, nor consistent with good land use management practices and 
procedures.
    UDOT's mission is to serve the interests of Utah residents, and as 
a result, the prejudice from delaying the road is not solely to UDOT 
but to those residents. To date, UDOT has expended over $8.5 million in 
the Northern Corridor project, of which $7 million was paid to support 
the BLM's initial NEPA process to evaluate UDOT's application for a 
right-of-way grant over federal public lands, and the other over $1.5 
million was committed to design and engineering work required after the 
right-of-way was issued by BLM.
Conclusion

    UDOT has expended considerable resources completing the 
environmental impact studies and navigating the federal approval 
processes, and it has committed millions of dollars to implementation 
of the Northern Corridor project. The Project was approved through that 
process in an effort to proactively encourage BLM to meet its OPLMA 
obligations.
    Our experience with the Northern Corridor demonstrates the 
Administration's unfortunate tendency to act as though the federal 
agencies were the only landowner; to ignore important needs related to 
transportation planning; and to exclude state and local counterparts 
from planning processes that will accomplish the needs of those who 
actually live in the affected area. The delay and failure of the BLM to 
comply with and effectuate that Congressional mandate should not be the 
basis to thwart state and local efforts to meet and comply with those 
requirements and expectations. Postponement or outright prevention of 
the Northern Corridor project significantly increases the costs of 
providing the road's intended benefits at the expense of Utah's 
taxpayers. In addition to monetary costs, such delay imposes non-fiscal 
costs on UDOT and the Utah residents it serves by depriving them of the 
benefits of mobility and safety in their transportation system and 
inhibits implementation of local and regional transportation plans.

                                 ______
                                 

    Mr. Curtis. Thank you, Mr. Braceras.
    I think we are getting a little feedback, so all of us, 
let's make sure we turn off our mics, and if you will speak 
directly into it, I think we will get better sound quality.
    I would like to now recognize Mr. Zach Renstrom, General 
Manager at the Washington County Water Conservation District, 
for 5 minutes.
    Mr. Renstrom, you are now recognized.

  STATEMENT OF ZACHARY RENSTROM, GENERAL MANAGER, WASHINGTON 
      COUNTY WATER CONSERVANCY DISTRICT, ST. GEORGE, UTAH

    Mr. Renstrom. Mr. Chairman, Representative Maloy, 
Representative Moore, we are so grateful to have you here in 
our wonderful county that we love so much.
    I am grateful to be here today and to share some of the 
great things that we are doing with water conservation down 
here and water in general, and just not share but actually brag 
what we have been doing down here because we are very proud of 
what we have done here.
    As has been mentioned multiple times before, we are one of 
the fastest growing communities in the United States, and we 
don't see that slowing down at all.
    And as the individual that is tasked with making sure that 
our current residents have water and our future residents have 
water, you can just imagine the overwhelming burden that has 
been placed on the Water District going forward.
    To prepare for this, we have come up with what we call the 
20-year plan where we basically outline how we are going to 
ensure that this community has water for the next 20 years.
    Several aspects of it, and one part I would like to bring 
up is water conservation. We are making sure that the new homes 
and businesses that are being constructed today are the most 
water-efficient homes in the state of Utah, if not most of the 
western United States.
    Our businesses and retail institutions, they are also 
working with this. In fact, we were the first county in the 
state of Utah to ban or prohibit non-functioning grass at 
retail or industrial, those type of developments moving 
forward, so we are very proud of that also.
    We are also working with our existing residents. We are 
offering a grass rebate, where we actually go out and we pay 
residents to remove turf and install desert-friendly 
landscaping.
    The response to this was so overwhelming we actually had to 
go out and quickly hire additional staff to respond to that.
    And we are able to measure this water conservation that is 
going on, and if you look at the water-per-capita use, our 
numbers are decreasing faster than almost anywhere in the 
western United States at this time.
    Another aspect to that program is reuse. Currently, we have 
a small reuse, but we are going to expand that greatly. 
However, that comes at a huge cost, in the hundreds of 
millions, if not billions of dollars costs moving forward.
    The Water District also wants to be a very good partner in 
all these projects moving forward.
    In 2016, the BLM came to the Water District and requested 
the Water District go and purchase 90 acres of inholdings with 
the National Conservation Area. This is private land where an 
individual could go and develop it. They could go to a city, 
get a development permit, and bulldoze the area.
    The Water District took an active approach in working with 
the BLM. At the time, the BLM told us it would take 2 years to 
get that process completed.
    We are now in our 8th year and it is still not completed, 
and this is a massive problem because as projects get delayed, 
it costs time, both for the local and Federal Government.
    However, we are still working on that project. We hope to 
have that completed. And once it is completed, there will be 90 
additional acres that currently could be developed that will be 
placed in Federal ownership that will permanently protect that 
area for the future for the desert tortoise.
    We are also working with the Federal Government in the 
salinity control program. Currently, the United States has a 
treaty with the country of Mexico to reduce the salinity in the 
Colorado River, and it has been a challenge.
    Currently we have a natural hot spring that produces over a 
thousand tons of salt that are placed into the Colorado River 
System, and we are working with the Bureau of Reclamation to 
come up with innovative ways how we could remove that salt and 
reduce the salinity in the Colorado River that would benefit 
both the United States and our treaty with Mexico.
    We also are actively working on the Virgin River program. 
This is a program where we protect all the species along the 
Virgin River Corridor and the Santa Clara Corridor where we 
work with our Federal, state, and local governments to ensure 
that those species are protected. And since developing that 
program, our species are actually thriving.
    Why I bring up these projects is these are excellent 
examples, when you allow local control to get involved, how we 
can make things happen. Here in Washington County, we have a 
long history of good stewardship. We are very proud of the 
stewardship. We love this county, we love living here, and we 
love actually sharing it with others too.
    When we are not able to control our local destiny and the 
Federal Government removes that, bad things happen. And I think 
you have heard several people testify on that today, about what 
can happen when we lose that partnership.
    We are grateful for you being here today. We are committed 
to move forward and be good stewards of this area. But we 
desperately need the help of Congress.
    Right now with our Federal nexus, almost everything we do 
here in Washington County has some type of Federal nexus that 
requires us to go through the environmental review process.
    It takes years and years to accomplish the most basic, 
simple things. It costs millions of dollars and lots of time 
lost to both government employees and to our local economy.
    We are thankful for your time being here, and if you have 
any questions, I will be happy to answer them after my time. 
Thank you.

    [The prepared statement of Mr. Renstrom follows:]
  Prepared Statement of Zachary Renstrom, General Manager, Washington 
                   County Water Conservancy District

    Mr. Chairman Curtis, Rep. Maloy, Rep. Moore, and other 
distinguished members of the Committee. I am grateful to have been 
invited to appear before you today to discuss the remarkable water 
management accomplishments of this desert community. As has been 
mentioned, Washington County is the fastest-growing County in America. 
In the last decade, our population has increased 37 percent and our per 
capita water use has decreased significantly. We are creating a more 
sustainable community through aggressive water conservation measures, 
reuse expansion, agricultural water optimization, and intelligent 
growth ordinances. Washington County is dependent on one, fully 
appropriated water supply--the Virgin River watershed, a tributary of 
the Colorado River that runs through Zion National Park. This water 
source has been developed and used by settlers since 1854. It now 
serves over 200,000 residents and an estimated 8-10 million annual 
tourists.
    The Virgin River watershed is prone to excessive drought conditions 
and is insufficient to meet the demands of a population projected to 
more than double by 2060. We must conserve AND diversify. We have 
developed a 20-year plan that relies on new infrastructure, aggressive 
conservation, wastewater reuse, and optimization of agricultural water.
Conservation

    The district has worked with Washington County and our municipal 
partners to adopt the most restrictive water use ordinances in Utah. 
Washington is the first county in the state to prohibit non-functional 
lawn in new commercial, industrial and institutional developments; 
require weather-based smart irrigation controllers; and, mandate golf 
course water budgets. Other measures include restricting lawn in new 
residential development, implementing lawn replacement incentives, and 
improving rate structures to penalize water waste. The community has 
responded well to these programs. Washington County represents 7% of 
Utah's population, but we account for 34% of the grass that was 
replaced statewide in 2023. This is partly due to a clever public 
awareness campaign with messages like ``Get your Saturday back'' and 
``Get off your lazy grass.'' Washington County has replaced enough 
grass to run a 12-inch wide strip of grass from the county 
administration building to California's border. Additional conservation 
will account for about 25% of the water needed to serve our community 
over the next 20 years.
Regional Reuse System

    Construction is underway on a new regional reuse system that 
includes expanded treatment facilities, reservoirs, and pipelines to 
capture, treat and deliver treated wastewater for agricultural and 
irrigation purposes, freeing up potable water. Reuse will provide more 
than 50% of the anticipated water demand of our community over the next 
20 years.
Local Supply Optimization

    In addition to developing new storage, we are expanding well 
systems to maximize agricultural groundwater for future conversion to 
municipal development. We support efforts to improve system 
efficiencies, manage groundwater and meter water use.
20-Year Water Supply Plan Summary

    The collective efforts of conservation, reuse and local supply 
optimization are anticipated to provide approximately 46,600 acre feet 
at a cost of well over $1 billion.
Red Cliffs National Conservation Area/Warner Valley Reservoir

    The Red Cliffs National Conservation Area (NCA) is an integral part 
of our watershed, with snowpack from the Pine Valley Mountain feeding 
groundwater basins inside the Conservation Area. In addition to 
directing BLM to identify a route for the northern corridor roadway 
through the NCA, the Washington County portion of the 2009 Omnibus 
Public Lands Management Act guaranteed our continued access to the 
historic wells in the groundwater basin at the foot of the mountain and 
within the NCA boundary. Since 2020, the Water District and the BLM 
have been working to complete a land exchange to protect 90 acres of 
private inholdings within the Conservation Area boundary. The exchange 
will involve the District purchasing the inholding and exchanging it to 
BLM for a potential reservoir site in the Warner Valley area. The land 
exchange will permanently protect desert tortoise habitat and result in 
more efficient management of land within the NCA boundary. It will also 
protect our watershed. The BLM, Water District, and Washington County, 
as administrator of the multi-species HCP that established the Reserve, 
entered into a Memorandum of Understanding (MOU) in December 2020 for 
this purpose and are working together to acquire the remaining 
privately-owned acreage through exchange and possible donation. The 
County is contributing funding towards the processing of the exchange, 
and the District has entered into an option agreement to acquire the 
non-Federal property acres needed for the exchange.
Next Steps

    Longer-term planning is underway through a grant with the Bureau of 
Reclamation to evaluate how we can beneficially use water from the La 
Verkin Hot Springs, also known as Pah Tempe. According to the Bureau of 
Reclamation, the hot springs are the Colorado River's second-highest 
source of salinity. The United States has a treaty obligation to reduce 
salinity in the water delivered to Mexico. As an aside, I want to thank 
all of you for introducing H.R. 7872 two weeks ago to extend the 
Colorado River Basin Salinity Control Act, which authorizes the funding 
for the hot springs project. The hot springs are natural springs 
located on the Virgin River on the boundary between Hurricane and La 
Verkin that produce approximately 5,000 gallons per minute, or more 
than seven million gallons daily, of 107-degree Fahrenheit water. The 
springs release an astounding 109,000 tons (6,813 semi-truck loads) of 
salt annually. The springs' high salinity limits use and poses unique 
challenges to our regional and local water supply. The Water District 
is studying treatment options to improve the water quality for future 
use as a blended resource. High power costs and salt disposal pose our 
most significant challenges. We are also evaluating possible ways to 
harness solar power and monetize salt production through a myriad of 
potential uses.
    In the interim, the Water District has agreed with a national hot 
springs operator to create Zion Canyon Hot Springs. The $60 million 
resort will be located on elevated topography in La Verkin, offering 
guests picturesque views of the Virgin River canyon.
    Off Road Capital Partners and the founder of Iron Mountain Hot in 
Glenwood Springs, Colorado, are developing Zion Canyon Hot Springs and 
will manage the resort as a public recreational amenity. The District 
has entered into a long-term lease agreement with the developers for 
land and a portion of the water produced by the hot springs. The 
developer broke ground in March and is scheduled to open in the fall of 
2025. The 15-acre resort will feature 53 pools, including a large 
freshwater pool and whirlpool. Water from the springs will be used in 
the pools and returned to the Virgin River.
Conclusion

    The Washington County Water Conservancy District is determined and 
committed to prepare for the future in this beautiful area. We have 
significant challenges with water resources, topography and endangered 
species. The public land nexus requires us to obtain federal permits on 
many of the District's projects. These permits are unnecessary costly 
and time consuming both for the Federal Government and local 
governments. permits. Washington County's history is one of coming 
together to solve complicated issues. We love this community and are 
honored to call it home.
    Thank you for your time.

   [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]  

                                 __
                                 

    Mr. Curtis. Thank you, Mr. Renstrom.
    Finally, I would like to recognize Mr. Darcy Stewart, 
President and CEO of SunRiver St. George Development.
    Mr. Stewart, you have 5 minutes.

  STATEMENT OF DARCY STEWART, PRESIDENT AND CEO, SUNRIVER ST. 
           GEORGE DEVELOPMENT, LLC, ST. GEORGE, UTAH

    Mr. Stewart. Thank you very much. I appreciate being here, 
appreciate the forum, appreciate what is trying to be 
accomplished.
    Again, my name is Darcy Stewart, and I have been a 
developer and a builder here in St. George since 1990. I have 
been involved with commercial projects, including hotels, 
office buildings, retail, and fuel stations.
    In terms of residential development, I have developed and 
built a large-scale master-planned community, including 2,600 
homes, numerous community amenities, and an 18-hole golf 
course.
    I have worked closely with Washington County and local 
authorities to meet and exceed conservation standards. Long 
before these conservation guidelines and restrictions existed, 
we have installed desert landscaping as a standard to 
homeowners and built an entire community of over 300 homes 
entirely of desert landscape or artificial turf, with only a 
small portion of grass on the community amenity.
    The community is still aesthetically beautiful and water 
wise. The Sun River community has become an example of water 
conservation in Washington County.
    I have also worked with the city of St. George, exchanged 
water rights for reuse water on our community golf course, 
again working with local authorities in a win-win effort.
    These are just a few examples of the ways we and other 
developers in the area are trying to work together with local 
authorities to be responsible to the environment, enhance the 
beauty of the area, and meet the growth demands that we have.
    Congestion and traffic are escalating. The need for the Red 
Hills Parkway to continue on and connect with Exit 13 on 
Interstate 15 is critical and timely.
    With communities already approved and not yet on-line, the 
current infrastructure will not meet the demand. Denying 
regional belt roads like the Northern Corridor will not keep 
people from moving here but will reduce the quality of life and 
economic potential of the area.
    Red Hills Parkway was thoroughly planned. The existing part 
of the Red Hills Parkway was thoroughly planned and executed, 
preserving the surrounding beauty. The same planning and 
insight can be given to the proposed Northern Corridor.
    This road will not open any of our public lands to 
development. The adjacent public lands will remain untouched 
except for possible trailheads for public enjoyment with 
restrictions managed by the Red Cliffs Desert Reserve or the 
BLM.
    Ample migration corridors for the reserve wildlife under 
the road is another solution to an important concern. We too 
have a concern for the endangered species in the area.
    With the unique topography of Washington County, it is 
critical to provide solutions for transportation. The natural 
beauty, the strength of local communities and the state will 
continue to draw people for the same reasons that many of us 
live here in the area.
    Responsible planning is the solution, and for this reason, 
I support the proposed Northern Corridor.
    Thank you very much. I appreciate being here.

    [The prepared statement of Mr. Stewart follows:]
     Prepared Statement of Darcy Stewart, Chief Executive Officer, 
                               Fieldhouse

    My name is Darcy Stewart and I have been a developer and builder in 
St. George and Washington County since 1990. I have been involved with 
commercial projects, including hotels, office buildings, retail and 
fuel stations. In terms of residential development, I have developed a 
large-scale master planned community including 2,600 homes, numerous 
community amenities, and an 18-hole golf course.
    I have worked closely with Washington County and local authorities 
to meet and exceed conservation standards. Long before these 
conservation guidelines and restrictions existed, we have installed 
desert landscaping as a standard to homeowners and built an entire 
community of over 300 homes entirely in desert landscaping or 
artificial turf with only a small portion of grass in a common amenity. 
The community is still aesthetically beautiful and water wise. This Sun 
River community has become an example of water conservation in 
Washington County.
    We have also worked with the City of St. George exchanging water 
rights for reuse water on our community golf course. Again, working 
with local authorities in a win-win effort.
    These are just a few examples of the ways we and other developers 
in the area are trying to work together with local authorities to be 
responsible to the environment, enhance the beauty of the area and meet 
the growth demands.
    Congestion and traffic are escalating. The need for Red Hills 
Parkway to continue on and connect with Exit 13 on Interstate 15 is 
critical and timely. With communities already approved and not yet 
online, the current infrastructure will not meet the demands.
    Denying regional belt roads like the Northern Corridor will not 
keep people from moving here, but will reduce the quality of life and 
economic potential of our area.
    Red Hills Parkway was thoughtfully planned and executed initially 
preserving the surrounding beauty. The same planning and insight can be 
given to the proposed Northern Corridor connection. This road will not 
open our public lands to development--the adjacent public land will 
remain untouched except for possible trailheads for public enjoyment 
with use restrictions managed by the Red Cliffs Desert Reserve or BLM.
    Ample migration corridors for Reserve wildlife under the road is 
another solution to an important concern.
    With the unique topography of Washington County, it is critical to 
provide solutions for transportation. The natural beauty, the strength 
of the local communities and the State, will continue to draw people 
for the same reason many of us call this area home. Responsible 
planning is the solution and for this reason I support the proposed 
Northern Corridor now.

                                 ______
                                 

    Mr. Curtis. Thank you, Mr. Stewart.
    The Chair will now recognize Members of Congress for their 
questions, and I would like to begin with Congresswoman Maloy.
    The time is yours for questions.
    Ms. Maloy. Zach, I am going to start with you.
    You talked about water and long-term water planning, and 
obviously that is essential. I mean, we couldn't ask for a more 
beautiful setting for this hearing. We could ask for a little 
bit better air conditioning. It is warm here. And that means 
every drop of water we have is precious.
    In 2015, when BLM released their resource management plan 
for the Red Cliffs National Conservation Area, you were a 
County Commissioner and covering water issues. I was a Deputy 
County Attorney, and we worked together on this.
    Can you talk just a little bit about what was in that plan 
concerning water rights?
    Mr. Renstrom. Located in NCA is an aquifer underneath that 
is critical to Washington County. Several of our local cities 
actually have wells up there, and they have been up there for 
years, and years, and years.
    In fact, we have certain infrastructure that runs through 
that, the NCA, that has been there almost 100 years now. So, it 
is critical that we have access to that really pristine 
aquifer.
    And part of the whole process, we want to make sure, is 
that we continue to have access to that aquifer. When we go and 
we put a pipeline in there or we put a well house, it has 
essentially no effect upon the tortoises.
    We know that we can actually go in and utilize that 
resource and have no effect upon the tortoises or any other 
habitat in the area.
    And that is one of the reasons why as a county, and as the 
County Commissioner, we were fighting for that, because it is 
critical.
    Ms. Maloy. Yes. And when the plan first came out, there was 
language in there calling for BLM to claim those water rights 
that lie under the NCA, which violates state law, and there is 
no Federal authority to do it.
    And between me, you, Eric, and Adam, we all worked hard on 
this, and we got the BLM to take that language out. But it took 
a huge effort by a lot of people, including a lot of lawyers, 
to remind them that they don't have the authority to do this.
    I started off by saying our bureaucracy is broken, and that 
is a really good example of our most precious, most limiting 
resource to growth here, they were trying to overreach their 
authority and claim it.
    And then you also talked about the land swaps that are 
required for long-term water planning here. In order to build 
water infrastructure projects, we have to do some land trades 
that require Federal Government involvement.
    And you talked about how long they take. Will you just talk 
a little bit about how much they cost? How much of the cost is 
not associated with a land swap but just with the bureaucracy?
    Mr. Renstrom. Every time we get involved in one of these 
things, we are now estimating millions and millions of dollars, 
and it just keeps on escalating.
    And like the land exchange I was talking to you about, when 
we were first approached by the BLM, they told us 2 years, and 
if we could have stuck to that timeline, it would have saved 
time and money, because every time we have another meeting, we 
have to pay staff and we have to go out and get the consultants 
there and it just escalates astronomically, almost 
exponentially.
    And the other thing is that the Federal agencies will add 
bureaucracy. So, even though this started 8 years ago, we will 
be going through it, and then the Federal bureaucracies will 
come out with a new regulation or rule, and then we have to 
kind of step back several steps and start the process again.
    So, part of the problem of not getting that finished is 
they kind of create new rules as we are going through the 
process, and that makes it very expensive because then we have 
to dive into it. I have to pay attorneys to review it. I have 
to pay engineers that go through it and see how we are going to 
work through it.
    Ms. Maloy. Yes. And in the meantime, this is something the 
BLM actually wants done. It is getting more expensive, and we 
are going to end up with the exact same swap at the end. We 
didn't get a better swap for all that time and all that money.
    Mr. Renstrom. Yes.
    Ms. Maloy. I introduced the Water Rights Protection Act 
with Senator Barrasso from Wyoming just to address that 
original problem we talked about, to make it clear that 
agencies don't have the ability to coerce water rights out of 
local governments or landowners in order to be able to do 
things on public lands.
    Eric, I want to quickly switch to you. You talked about 
school trust lands and how much of the SITLA, State 
Institutional Trust Lands, are in that Zone 6.
    Can you explain what the constitutional mandate for SITLA 
is?
    Mr. Clarke. Yes. SITLA exists to make money for 
schoolchildren, period, right? Like that is what it does. So, 
whenever we work with SITLA as a partner on a public lands 
issue, we have to figure out how to make it pencil out so that 
they can show financial benefit. They can't simply be 
conservationists. They have to show that it makes money.
    Ms. Maloy. I am almost out of time, so I just want to wrap 
this up really quickly.
    If the county were to try to offer up Zone 6 without a 
Northern Corridor, in your opinion, would that violate SITLA's 
state constitutional mandate?
    Mr. Clarke. Yes. The Utah Education Association can and 
should sue SITLA if SITLA goes around and starts locking up 
land without getting money back for it.
    Ms. Maloy. So, we have a Federal agency asking a state 
agency to do something that would be unconstitutional?
    Mr. Clarke. Right.
    Ms. Maloy. Mr. Chairman, I yield.
    Mr. Curtis. Thank you, Ms. Maloy.
    I would like to defer to my colleague, Mr. Moore, for 5 
minutes.
    Mr. Moore. Thank you.
    Folks, thanks for being here, sincerely. I get to go on a 
lot of field hearings in my other Committee, Ways and Means. We 
have been to several different places across the country. And 
the engagement here and the attendance is amazing. So, thanks 
for sticking it out. I really appreciate it.
    Almost to a person, you all have either been in my office 
or we have communicated somehow, and I don't even represent 
Washington County. You bring a thoughtful approach that is 
comprehensive that cares about all the angles that are 
involved.
    And the frustrating part for me has been what I will just 
briefly open with.
    But first, on my script here, it says ``Chairman Curtis.''
    It is going to be tough to call you that, John.
    Mr. Curtis. Order. Order. The gentleman will----
    [Laughter.]
    Mr. Moore. I didn't come to this role with a strong public 
lands experience. Virtually nothing. I came more from a 
national security perspective. And I will say that the two 
folks that we have here, I have been able to defer to them. I 
served on Natural Resources. I love this Committee. But I have 
been able to defer to them.
    John's focus on land swaps and getting as much land back 
and low ownership control with a strong conservation, 
environmental approach to thinking about energy is second to 
none, and it has been an inspiring piece, particularly with 
Celeste. I mean, there is something unique to be able to have 
that much experience as not a Member of Congress, dealing with 
the actual details that she has leading up to this, that she 
immediately has made an impact on this world as she joined just 
not long ago.
    So, it has been an honor to be able to absolutely show up 
here. I wish I would have known it was here, and I would have 
had a tee time. But regardless.
    Debt is my biggest issue. It is what I dig into entirely on 
my Committees. Debt and immigration are things Congress has 
just proven they are not willing to work together on.
    These types of issues, we actually, as a body of Congress, 
can come to some agreement on. And that is the frustrating part 
because what ends up happening is you have executive ping-
ponging back and forth, executive overreach that happens.
    And I don't like it when it is President Biden's policy 
typically, and I may like it when it is a Republican in the 
White House. But the fact remains is all of this executive 
power that gets passed back and forth just creates a ping-pong 
for our elected officials that are actually just trying to do 
the right thing.
    And the other thing is legal obstruction. Like those are 
the two factors that create so much drama and turmoil that we 
can't actually get something done. And that is ultimately why 
we are here today and highlighting some of these issues.
    I want to ask two very simple questions. Mr. Clarke and Mr. 
Snow, jump in too.
    How much money are we talking about? Thinking about Zone 6 
in particular, you have worked on fish and wildlife issues. 
Please, describe some of those efforts.
    And then, I mean, what are we talking as far as what the 
county has spent on just dealing with this back-and-forth?
    Mr. Clarke. In Zone 6, since 2021, we are just over $6 
million, and that has included a lot of different things we 
have done. We went out and we purchased some land from school 
trust lands, that they would like a 3-to-1 offset to the 
corridor.
    There was a lot of OHV use out there. That is obviously 
tougher on the tortoises than mountain bikers.
    So, we have pushed that off, we have fenced areas, we have 
signed areas, and then we have put a regular law enforcement 
presence out there. None of that is super cheap.
    And we have done a lot of education outreach. We try really 
hard to talk to our community, and to talk to our recreational 
community in particular, about we can co-exist with our 
endangered species issues that we have.
    So, we drop money every single day. If you go into the new 
county building, you will see a beautiful visitor center that 
is there to educate people about our area and how we live here 
and co-exist with what we do.
    Mr. Moore. Anything to add, Mr. Snow?
    Mr. Snow. Yes. Eric covered all the things, the direct 
costs from the county. That is a rounding error compared to the 
value of the land that SITLA has already put in, the road 
improvements on the area outside the NCA that the Northern 
Corridor will connect to.
    Just the detrimental reliance on the good-faith agreement 
that we had from the county, from the city, from the state, 
from the SITLA.
    To add all of those up, we are talking tens of millions of 
dollars.
    Mr. Moore. Thanks so much. I have another question here for 
you on grazing, which is very much a northern Utah issue too, 
but I will postpone it for now with my time.
    Director Braceras, lastly, give me an estimate, give me a 
sense for how much financial investment we could have avoided 
if we would have just had a good-faith effort working together.
    Which I know there are players in there, and then all of a 
sudden things just kind of at the last minute, either a lawsuit 
happens or an election comes up, that type of stuff.
    Just give me a sense for what are we talking as far as 
missed opportunities here.
    Mr. Braceras. Yes. Thank you, Congressman.
    Time is money. To date, we have spent $7 million just to do 
the EIS for the BLM. We have paid another $1.5 million to do 
some geotechnical work, working towards doing the engineering 
after the issuance of the right-of-way, after the record of 
decision.
    To give you an idea of how time impacts us, in 2021, our 
inflationary costs on our program were 16 percent a year, 
construction costs. In 2022, they went to 12 percent. Last 
year, they were 8 percent. This year it looks like they are 
tracking.
    We have a program right now of about $7 billion. So, it is 
easy to do the math. Any time you delay a project by a year, 
you are adding hundreds of millions of dollars to the cost to 
the state to try to deliver the much-needed transportation 
system. So, it is important.
    The product, the Northern Corridor in this case, the 
product will save lives and make people's lives better. And to 
do so at a reasonable cost, we need to be able to move forward 
together with all of the partners in good faith.
    Mr. Moore. Thank you.
    Mr. Chairman, I yield back.
    Mr. Curtis. Thank you, Mr. Moore.
    I now yield to myself for questions. I would like to start 
with Mr. Braceras.
    Carlos, how long have you served in your current role?
    Mr. Braceras. Mr. Chairman, you didn't tell me that this 
was an embarrassing----
    [Laughter.]
    Mr. Braceras. I am currently 12 years as Executive 
Director.
    Mr. Curtis. And how many years with UDOT?
    Mr. Braceras. With UDOT, June will be 38 years.
    Mr. Curtis. OK. So, that makes you qualified to answer my 
question.
    How often do you build a road, particularly of this 
consequence, without opposition?
    Mr. Braceras. Nothing worth doing is easy, it seems like.
    Mr. Curtis. So, in other words, you expect opposition on 
any road that you are going to build anywhere in the state?
    Mr. Braceras. The answer is yes. I wish it wasn't that 
case, but when you are trying to prepare for the future you 
have to have a big, bold vision, and sometimes it is hard.
    Mr. Curtis. As I have driven around the state, sometimes I 
have been on a road, I think of I-70 as an example, where I ask 
myself: Would this ever be built today?
    And I am curious, in your mind, if we use the same 
standards we are using for the Northern Corridor, how would 
transportation in Utah look?
    Mr. Braceras. It is hard to imagine we could do the things 
that we need to do to support our economy, our society. Today, 
it seems like it is much harder to do things that matter. I 
started my career as a designer, designing the last barrel, 16 
miles of I-70, Ghost Rocks to Rattlesnake Bench, and it was a 
wonderful project.
    Mr. Curtis. Yes. And sometimes we talk about the economy, 
but I also want to throw in healthcare, our ability to offer 
services to people in need, and education, and many other 
things, in addition to just being nice to drive around.
    Do you think, as you look at this Northern Corridor and the 
other projects you have worked on, have you or your department 
tried any less hard to meet the environmental standards on this 
road than any other road you have ever built?
    Mr. Braceras. Absolutely not.
    We hold ourselves to a high standard. We live here. This is 
our home. We care about the lands, the wildlife in our homes. 
So, we hold ourselves to a standard in which we want to make 
sure we are going above and beyond.
    We talk about meeting a transportation need, but we also, 
when we do a project, we want to improve communities and we 
want to improve the environment. We think there is an 
opportunity to accomplish all three of those things together.
    Mr. Curtis. That is great. Thank you.
    Commissioner Snow, I am going to take you a little bit off 
the record and off what you may have anticipated. But you and I 
had a conversation a little earlier today that centered around 
just how deeply people in this area do care about being 
environmentalists, quite frankly, and leaving this Earth better 
than we found it.
    How far back do you and your family go in this area?
    Mr. Snow. 1849.
    Mr. Curtis. 1849. During that period of time, would you and 
your ancestors feel that you have done a good job preserving 
and protecting this area?
    Mr. Snow. Clearly, yes.
    Mr. Curtis. And I am curious, during your time, 
particularly in service, how often have you been approached 
from Washington, DC, from the executive branch, asking you your 
opinion for how this land should be taken care of?
    Mr. Snow. Zero.
    Mr. Curtis. Zero times. Yet, you would bring quite a bit of 
expertise from those generations and generations of good 
stewardship in taking care of it.
    Is it fair to say that sometimes you feel, I don't know if 
the right word is that we are hypocritical, or I am not sure 
how you would describe it, to be in the position where you have 
guarded and protected these lands, now your opinion is not 
sought, and somebody from far away wants to tell you how to 
manage these lands.
    Can you just give us a sense of how, not just you, but how 
others in the community feel about that?
    Mr. Snow. Insulted. It is absolutely insulting to think 
that those of us, just this morning on our wonderful social 
media, somebody said that, ``You don't care. You only care 
about the money, Adam. You would pave every inch of this 
county.''
    My family settled this county. They led the 300 families 
that were originally called here. Nobody can love this county 
more than I do. Some people may be able to love it just as 
much, but nobody loves it more, I guarantee you that.
    And for us to be the stewards that we have and to develop 
the things and the hard work that it took to make this this 
incredible place now, that somebody can come in from 
Connecticut or California or somewhere else and say, ``Trust 
us, you have screwed it up for the last 180 years, let us tell 
you now how to do it,'' is insulting.
    Mr. Curtis. Yes, I think it is. During this hearing, I have 
listened carefully. I have not heard any of my colleagues and I 
have not heard any of the witnesses suggest that we shortcut 
any environmental standards. I have not heard anybody suggest 
that we don't care about doing this the right way.
    But there is a great sense of frustration. And, 
Commissioner Snow, you expressed it so well, I am actually just 
going to stop there and let your words hang for a minute.
    And I am now going to defer to my colleague, Congresswoman 
Maloy, if she has a second round of questions.
    Ms. Maloy. I do. I have some questions I didn't get to with 
Commissioner Snow and with Mr. Braceras.
    I will start with Commissioner Snow, since your mic is all 
warmed up.
    You talked about the 2020 SEIS. Will you just explain what 
an SEIS is and why we are having one in 2020?
    Mr. Snow. Yes. The National Environmental Policy Act, NEPA, 
dictates that there are various levels of analysis based on 
what somebody is going to do on the land, or proposing to do, 
and then they analyze what that is.
    And the highest level of analysis is an Environmental 
Impact Statement. SEIS is a Supplemental Environment Impact 
Statement. So, it is a review of the original analysis.
    Ms. Maloy. And in that 2020 SEIS, one of the things that 
was agreed to was a study to see the impact of wildfire on 
tortoises.
    I want to ask unanimous consent that we submit, for part of 
the hearing record, Utah Department of Wildlife Resources study 
on the impacts of wildfire on desert tortoises in this region.
    Just as a spoiler alert, for those of you who are not going 
to take the time to go read this entire study on the record, 
the tortoises are doing fine. The impact is negligible. So, 
thank you for that.
    And you talked a little bit about everything we do here has 
a Federal nexus. We are a public lands state. This is a public 
lands county. You are a local elected official. You are a 
County Commissioner.
    Can you just speak to the processes you have to go through 
as a local elected official to do the things that you are 
required to do for your constituents?
    Mr. Snow. There are many, many hoops to jump through. Name 
any project, whether it is roads, water, power lines, providing 
healthcare, access for people to get to grazing allotments, 
anything, every single thing the first call is always to a 
partner, the Federal Government. Whether it is the Forest 
Service, the BLM, the National Park Service, we are always 
having to go through them.
    And luckily we do have good relationships with many of the 
people on the ground. They are good, honest public servants. 
Their bosses in DC are the ones that generally don't know what 
they are doing and cause the headaches for us.
    But everything we do has to go through the Federal 
Government.
    Ms. Maloy. And has calling one of those Federal partners 
ever made something you are doing for your constituents cheaper 
or easier?
    Mr. Snow. Never.
    Ms. Maloy. Thank you.
    All right. Mr. Stewart, I have one for you.
    As a developer in this area, you have never had to work 
directly with the Fish and Wildlife Service even though you are 
developing land in an area with listed species, the endangered 
desert tortoise, because Washington County has had a habitat 
conservation plan in place for almost 30 years now, and you get 
to deal directly with the county when you are developing land.
    Can you just talk a little bit about what the importance of 
that is to you as a developer?
    Mr. Stewart. Well, obviously, if we had to take on the 
Federal Government just for a development, it wouldn't be 
feasible or practical at all.
    I think, as I have listened to the discussion here today, I 
would like to have the other stakeholders, they all charge 
impact fees, well, at least Zach does.
    And I am wondering, every person that is sitting here, how 
much money of a water impact fee is charged to take care of all 
this legal and Federal work that is going on? Because impact 
fees are a big part of what is causing affordable housing to 
not be affordable.
    Ms. Maloy. Well, I don't know if you are allowed to 
question Zach, so I am just going to go ahead and let him 
answer that question if he would like to.
    Mr. Renstrom. That is actually a really good question. We 
have not done the analysis on that specific issue, but I can 
tell you it is incorporated into the impact fees, and it is in 
the millions of dollars.
    Ms. Maloy. Thanks.
    And then, Carlos, I am just going to wrap up with you. You 
have a lot of experience working in the Department of 
Transportation. We have established that.
    Do we know how to engineer roads that are porous and would 
allow tortoises to go back and forth?
    Mr. Braceras. Thank you, Congressman.
    Yes, we do. As was mentioned earlier, we were planning to 
build culverts that allow the tortoise to go back and forth. 
Basically we want to create a road that doesn't bifurcate the 
preserve so that we can really enhance this area.
    So, yes, we know how to engineer it. Yes, we know how to 
build it. Yes, we know how to maintain and operate facilities 
that can live alongside the wildlife.
    Ms. Maloy. So, the factors that are stalling this project 
are not engineering or design factors?
    Mr. Braceras. Absolutely, they are not things that are 
stalling this project.
    Unfortunately, we are not even allowed to have the 
conversations about engineering and design processes, to bring 
that into the conversation. We are being left out of the 
conversation.
    Ms. Maloy. Mr. Chairman, I am almost done. I just want to 
wrap up where I started.
    Our bureaucracy is broken. I mean, if you have been sitting 
here listening to this, it is very clear that we have public 
servants who want to do things that are in the interest of the 
people who live here. We know how to do those things. We know 
what the answer is.
    But we are stalled in years and years of red tape and 
expense to get those things done. And what we get at the end of 
it is not an improved product. We just get more debt and more 
costs.
    And all of that is borne by the taxpayers. The taxpayers 
are paying for both sides of the lawsuits. The taxpayers are 
paying for the increased costs over time of the projects. 
Taxpayers are paying for all of the studies, all the personnel, 
all the people who are showing up and doing this kind of back-
and-forth just to try to get the basics we need for 
transportation, water, a lifestyle, a life here.
    So, with that, Mr. Chairman, I yield.
    Mr. Curtis. The gentlewoman yields.
    The Chair now recognizes the gentleman, Mr. Moore.
    Mr. Moore. Thank you. Just a couple more things to flesh 
out.
    Mr. Stewart, you actually hit on a really important part. I 
have spoken with UTA numerous times. I have worked with folks 
from every municipality that I represent.
    The congestion that potentially comes from growth with 
regards to affordable housing, right? It is a supply-and-demand 
issue entirely, right? It is one of the big reasons for the 
driver of affordable housing.
    Building transportation networks that will alleviate 
congestion is a big key factor. Figuring out how to deal with 
this NIMBYism that we continue to hold on to so strongly is 
another major issue.
    But the way that we regulate our ability to build is a huge 
part of it, and it adds an enormous amount of cost. And those 
costs, if you save on those costs because you find something 
that is archaic or really nonsensical, which there are plenty, 
those costs get passed directly to the consumer.
    This is not something that developers are holding on to 
because we have a competitive market in this field, and it will 
get passed directly to them.
    So, you hit on a very important part, and I just wanted to 
reiterate how doing smart regulation in not an overburdensome 
way can actually help reduce the cost to get younger folks in 
houses.
    I can tell you, I sit on the Social Security Subcommittee. 
We are in a tough spot going into the next decade. We don't 
have the financial situation that we did. And if we don't have 
people getting and investing in property, in homes, even if it 
is a smaller condo, they are going to have a much more 
difficult time than even I did, and I am not that far of a 
generation away from them.
    So, hot button topic for me. And I appreciate you bringing 
that up.
    I would actually just like to continue to question you, Mr. 
Renstrom and Mr. Stewart. How have you addressed water issues? 
How have you been able to find conservation approaches? I have 
had St. George City municipality leaders in my office a bunch 
talking about this.
    Can you highlight some of the significant wins that you 
have done over the last few years?
    Mr. Stewart. We have developed a 2,600-unit community. And 
when we started out, water wasn't an issue. In fact, when we 
started, we asked the city if we could put in purple pipe, 
which is reuse. So, we put in two systems. The reuse would be 
dry until the reuse water was available. And we were turned 
down on that.
    So, we have moved forward as best we can to conserve water. 
Now, the last 300 homes that we built, having grass, like the 
grass you are sitting on, was not an option. If they wanted any 
kind of a grass, it had to be an artificial turf. And, yes, the 
community center has some grass around it, but I think 
everybody needs a little bit of grass.
    So, in design of our communities, we have been very 
cautious to design with water as a future issue. So, yes.
    Mr. Moore. Thank you.
    Mr. Renstrom, anything to add?
    Mr. Renstrom. One of the things that we have done is work 
extensively with the home builders. Of course, the home 
builders, like you said, are very concerned with costs. And we 
basically reached an agreement with the home builders that if 
they start building these highly efficient, water-efficient 
homes, that we can lower our impact fees.
    So, right now, compared to what we could have, our impact 
fees are about $5,000 to $6,000 lower per home because they are 
simply going to have a lower impact.
    So, we just think of these creative solutions with that, of 
how we work with the home builders, lower our impact fees, make 
sure homes are more affordable, but yet still conserve water.
    And it has actually been a very positive experience down 
here, and it has been moving forward very quickly.
    Mr. Moore. Commissioner Snow, how long have you been in 
office?
    Mr. Snow. Just over 2 years.
    Mr. Moore. I have been just 3\1/2\. I recommend not reading 
the comments on social media.
    [Laughter.]
    Mr. Moore. Can we talk grazing real quick?
    The potential impacts of the BLM's new conservation rule 
that has recently been put out, there are a lot of concerns, 
obviously, goes down party lines for the most part, right.
    And I challenge that. And I think if people actually really 
dug into the issues, they would be able to find what I 
mentioned before. This is actually an area Congress can usually 
find a path forward on, unlike some of the other issues that 
are, obviously, very important to our nation too, a frustration 
that I have with my own employment location.
    But this is something, like, grazing, just grazing. What 
does this do to grazing? What does this do to the outlook of 
grazing? Is this a hindrance or will this be promoting more 
opportunities for grazing, this type of BLM authority that is 
coming out?
    Mr. Snow. Absolutely a hindrance, for sure.
    And just to your point, Congressman, in this county alone 
we have massive amounts of land set aside. You have the Red 
Hills NCA. You have the Beaver Dam Wash NCA. You have the 
national forest which has enormous amounts of wilderness area.
    You have the second busiest national park, not a small one. 
You have four state parks in the middle of the county as well.
    We have a lot of conservation in this county. You have, 
even on the less regulated, you have major areas of ACECs in 
the other areas of the BLM land.
    So, conservation is important, nothing to take away from 
that, but it is balancing multiple use. And to elevate the 
conservation rule to say that conservation is now at the same 
level, that was not in FLPMA, and that only hinders grazing.
    And for many of the people in this audience here who are 
actively grazing to support their families, I can only imagine 
the terror and the fear in their eyes looking at the future.
    Mr. Moore. Yes. One thing we definitely do a very poor job 
of in Congress is giving people some consistency. We don't do 
it to business owners, we don't do it for tax policy, we don't 
do it to landowners, to know what is going on.
    I love what I am seeing in some areas in my district. 
Conservation easements. They are doing it in a way that keeps 
the Federal Government out of it. They are making it private 
sector-related. They are engaged.
    And while they are doing it, they have these opportunities 
for grazing that goes on. Grazing has limited a significant 
risk with regards to wildfire. Like there are so many positive 
impacts from this.
    This type of ruling, I anticipate, in the change of 
Administration, these things will, obviously, go a different 
direction. But it doesn't really solve the problem that we 
don't get at the root of it and we don't let Congress actually 
address this.
    Because I know there are more reasonable people that could 
find some type of compromise, that would say, ``All right, this 
is what our 10- or 15-year outlook is going to look like and we 
will reassess then.''
    Because grazing is absolutely essential with respect to not 
only livelihood, but to our environment and our conservation 
efforts.
    So, thank you very much.
    And I yield back, Chairman.
    Mr. Curtis. The gentleman yields.
    I will ask a few final questions. For those of you that are 
getting warm, we are getting very close, so hang with us for 
just a minute.
    Congressman Moore mentioned the BLM rule, and I would like 
to point out that I had sponsored a bill that has made its way 
through the Natural Resources Committee, it would get to the 
House Floor, to repeal that rule.
    Commissioner, you and I both want to take this moment to 
point out, this isn't because we don't want to preserve and 
protect these lands. But an agency having unquestionable 
ability to make these decisions about where we lock up grazing 
and other activities on the land is not the way that our 
Founders intended us to operate.
    You don't need to comment on that, but the nodded head is 
good enough.
    I would also like to point out, to Congressman Moore's 
point, I hate to give him this, that he made a good point, but 
I am going to say that----
    Mr. Moore. Hold on, let me record this.
    Ms. Maloy. It is on the record.
    Mr. Moore. It is on the record.
    Mr. Curtis. This is an issue that we can beat. And what I 
mean by that is, we can come together with different 
viewpoints. It is not like we really disagree on what we want 
to have happen. We want to preserve and protect. We want to be 
able to have economic development. We want to be able to have 
the essential corridors that we need.
    And I am confident. And I would point to the Emery County 
Public Lands Bill as a really good example where we set aside 
1.3 million acres and designated where we would graze, where we 
would recreate, where we would extract, and where we would 
protect, and actually found consensus. It is difficult to do, 
but it can be done.
    And I would just like to say to this group that is here, as 
we start to wind down, I am very grateful, as the Chairman, 
that you have all done such a great job. Maybe it is the heat 
that has kept you mellowed out. But you have done a great job 
of being participants today, thank you for coming, on both 
sides of this issue, and thank you for listening patiently.
    I will just mention again that I am available, and to the 
extent my colleagues are available, to mingle with you 
afterwards. If your points weren't made, please take a minute 
to come up and express the things you would like to us to do.
    And finally, in conclusion, I would like to point out, 
simply because we are in this county, we haven't really 
emphasized a lot of the problems that we see in other parts of 
the state with this overreach.
    So, I do want to bring up extraction and point out that 
there are parts of our state that we are being limited in 
extraction as well. And this is the very extraction that will 
provide the critical minerals to drive the new economy that all 
of us have talked about, that we would like to do.
    We hold underneath Utah's surface some of the most 
important critical minerals for our future. And for those of 
you who want to get cleaner and cleaner, they are under our 
surface, and these BLM rules are prohibiting us from accessing 
those.
    We mentioned grazing. I want to re-emphasize grazing. And 
recreation as well. These rules are also prohibiting 
recreation. What is the point of having these lands if we can't 
take our grandkids and they can't take their kids out into 
these lands and enjoy the beautiful nature that we have?
    So, I just want to point, as you move around the state, 
there are other issues here that are important to recognize as 
well.
    And with that, I conclude the questioning portion of our 
hearing.
    I would like to thank our witnesses for their valuable 
testimony and the Members for their questions. Members of the 
Committee may have some additional questions for our witnesses 
today, and we ask that they respond to those in writing.
    By the way, Congresswoman Maloy, we will accept your 
document into the record, without objection.

    [The information follows:]
                        Statement for the Record
                          J. Shirley, Director
                 Utah Department of Wildlife Resources

    Chairman Curtis, Representative Maloy, Moore, and other 
distinguished members of the Federal Lands Subcommittee, thank you for 
coming to the great state of Utah and allowing me to provide 
information for the record regarding the status of the Mojave desert 
tortoise (MDT) as part of the Northern Corridor project. Speaking on 
behalf of the Utah Division of Wildlife Resources (UDWR), we are very 
grateful to the members of the Utah Delegation for bringing this issue 
forward. My name is J. Shirley, and I am the Director of the State of 
Utah's Department of Natural Resources, Division of Wildlife Resources. 
The UDWR has been granted authority over wildlife and its management 
within the state borders and, therefore, is the state's wildlife 
expert.
    The UDWR has 2023 MDT population estimates, updated from the 2019 
MDT population estimate, within the Red Cliffs National Conservation 
Area (NCA) to assess the impacts of the 2020 wildfires on the Mojave 
desert tortoise. The MDT populations across the NCA have stabilized, 
and there is no evidence of recent declines in tortoise densities 
following the 2020 wildfires (Figure 18a). The 2023 abundance estimate 
of 2,425 individuals across the NCA (Zones 2, 3, and 5) is the highest 
recorded since 2005.

    Summary of UDWR. 2024. MOJAVE DESERT TORTOISE POPULATION MONITORING 
WITHIN THE RED CLIFFS NATIONAL CONSERVATION AREA, 2023. Publication 
Number 24-07.

     Primary goal: Determine the current tortoise density and 
            long-term demographic and population trends for desert 
            tortoises within the Red Cliffs NCA.

          -  Obtaining population estimates in the calendar year 2023, 
        exactly 25 years since the full-scale implementation of the 
        monitoring program, will allow for trend evaluation of one 
        tortoise generation, an important recovery criterion.

          -  Population monitoring efforts were concentrated on federal 
        lands within Management Zones 2, 3, 4, and 5 in the Red Cliffs 
        NCA; additional surveys were conducted in surrounding areas on 
        State Trust Institutional Lands Administration (STILA) and Utah 
        Department of Natural Resources (UDNR) lands.

     Secondary goal: to evaluate the effectiveness of the 
            recovery program and implement appropriate adaptive 
            management strategies to recover desert tortoises in the 
            Upper Virgin River Recovery Unit (UVRRU).

Relevant Findings:

     Since 2009, tortoise populations across the NCA appear to 
            have stabilized, and there is no evidence of recent 
            declines in tortoise densities (Figure 18a)

     We estimate there are 2,425 adult tortoises across 
            Management Zones 2, 3, and 5, and an additional 359 adult 
            tortoises estimated in Management Zone 4, the translocation 
            site for displaced tortoises. Our abundance estimate of 
            2,784 adult tortoises in Zones 2-5 is similar to abundance 
            estimates from a 2023 drone survey which estimated 2,609 
            animals (Bandy 2023)

     Our 2023 abundance estimate of 2,425 across the NCA (Zones 
            2, 3, and 5) is the highest recorded since 2005. Further, 
            translocating displaced tortoises helped establish a robust 
            population within Management Zone 4 (UDWR 2019). These 
            estimates are also similar to the 2023 drone surveys, 
            although drone estimates were slightly lower (1,221 adult 
            tortoises; Bandy 2023).

     In general, the majority of tortoises appeared healthy, 
            with appropriate muscle mass and weight. We observed 
            numerous tortoises actively foraging with green around 
            their mouths. In addition, we observed a high number of 
            recaptures relative to previous years. Interestingly, we 
            recaptured seven tortoises that were originally marked 26 
            to 51 years prior. Four of those tortoises were marked with 
            a distinctive permanent marking system (e.g., drill holes 
            in marginals) that was implemented prior to 1985 in the 
            Paradise Canyon and Red Cliffs Recreation Area.

     Densities within the NCA are currently higher than many 
            other Mojave desert tortoise populations, range wide (2.2 
            to 7.2 tortoises per km2; USFWS 2021b).

     Recovery actions implemented as part of the Washington 
            County Habitat Conservation Plan, including protection of 
            existing habitat, restoration of degraded habitat (e.g., 
            disturbed, burned), tortoise fencing on the perimeter of 
            the NCA, community education programs, translocation of 
            displaced animals, addition of Management Zone 6, and law 
            enforcement presence, are important to maintain stable 
            populations. In addition, the NCA designation in 2009 
            offered additional regulations and oversight to protect 
            tortoises and their habitat (Pub.L. 111-11, H.R. 146).

     Zone 6 provides additional protection for an estimated 772 
            tortoises. It protects an additional 6,813 acres of habitat 
            in the Reserve that has not been impacted by fires in the 
            recent past (Bandy 2022).

Zone 6 Long-term Benefits

    Washington County has identified Zone 6 as mitigation for the 
Northern Corridor and the loss of DNR land purchased with USFWS Section 
6 funds. Zone 6 has experienced very little fire (80 acres since 1976) 
and has an intact vegetation community with 50% fewer noxious weeds and 
invasive species compared to the rest of the reserve. Being separated 
from the other zones allows Zone 6 to serve as a refuge population.
    Incorporating Zone 6 is valuable because ``desert tortoises are 
long-lived; they may persist in an isolated and small area for a long 
time and still maintain a resource pool for genetic diversity. However, 
over several generations, a minimum abundance level is necessary to 
ensure successful reproduction and to avoid inbreeding depression and 
loss of fitness. Connectivity within and between areas can help 
maintain demographic and genetic needs (USFWS 2011).'' Protecting the 
SITLA and other non-federal lands in Zone 6 provides resilience and 
redundancy.
    ``The protection of additional habitat within the UVRRU (e.g., 
Management Zone 6) increases the viability of desert tortoises living 
within the protected habitat and provides resiliency and redundancy 
against the cumulative threats they face (USFWS 2021b)''.
Conclusion

    The most recent population monitoring report found MDT populations 
across the NCA have stabilized, and there is no evidence of recent 
declines in tortoise densities following the 2020 wildfires. The 2023 
abundance estimate of 2,425 individuals across the NCA (Zones 2, 3, and 
5) is the highest recorded since 2005.
    The DWR's updated population monitoring validates the U.S. Fish and 
Wildlife Service's original 2021 findings in the Final Biological 
Opinion for the Northern Corridor Highway Project, in that the ROW for 
the Northern Corridor ``is not likely to jeopardize the continued 
existence of the desert tortoise in the UVRRU and rangewide . . . [and] 
the proposed action is not likely to destroy or adversely modify 
designated critical habitat for the desert tortoise.'' (USFWS 2021a). 
Furthermore, the 6,813 acres of land within Zone 6 is high-quality, 
year-long habitat for MDT populations and adds resiliency and 
redundancy to the UVRRU.
Citations

Bandy, M. 2022. A method for Mojave Desert Tortoise Drone Surveys and a 
Controlled Field Test. Report submitted to the Washington County 
Habitat Conservation Plan. Resi-2022-001-02.

Bandy, M. 2023. Drone surveys for the Mojave Desert Tortoise in Zones 
2-5 of the Red Cliffs Desert Reserve. Report submitted to the 
Washington County Habitat Conservation Plan. Resi-2023-014-01.

U.S. Fish and Wildlife Service (USFWS). 2021a. Biological Opinion for 
the Northern Corridor Highway Project. January 2021. Utah Ecological 
Services Field Office, Salt Lake City, Utah. 100 pages
U.S. Fish and Wildlife Service (USFWS). 2021b. Biological report for 
the Upper Virgin River recovery unit 14 population of the Mojave desert 
tortoise (Gopherus agassizii), Version 1. January 2021. Utah Ecological 
Services Field Office, Salt Lake City, Utah. 119 pages plus appendices.

U.S. Fish and Wildlife Service. 2011. Revised recovery plan for the 
Mojave population of the desert tortoise (Gopherus agassizii). U.S. 
Fish and Wildlife Service, Pacific Southwest Region, Sacramento, 
California.

Utah Division of Wildlife Resources (UDWR). 2024. MOJAVE DESERT 
TORTOISE POPULATION MONITORING WITHIN THE RED CLIFFS NATIONAL 
CONSERVATION AREA, 2023. Publication Number 24-07.

Utah Division of Wildlife Resources (UDWR). 2019. Translocation in the 
Red Cliffs Desert Reserve, Summary Report, 1999-2018. Utah Div. of 
Wildl. Res., Publ. Number 98-04.

                                 ______
                                 

    Mr. Curtis. Under Committee Rule 3, members of the 
Committee must submit questions to the Committee Clerk by 5 
p.m. on Thursday, April 25. The hearing record will be held 
open for 10 business days for these responses.
    If there is no further business, without objection, the 
Committee on Natural Resources stands adjourned.
    Thank you, everyone.

    [Whereupon, at 1:18 p.m., the Subcommittee was adjourned.]

                                 [all]
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