I 

115TH CONGRESS 

2D SESSION H. R. 5597 

To provide for the expansion of the Desert Tortoise Habitat Conservation 

Plan, Washington County, Utah. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2018 

Mr. STEWART introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for the expansion of the Desert Tortoise Habitat 

Conservation Plan, Washington County, Utah. 

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

3 SECTION 1. SHORT TITLE. 

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

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) BEAVER DAM WASH NATIONAL CONSERVA10 TION AREA.—The term ‘‘Beaver Dam Wash NaVerDate Sep 11 2014 04:31 Apr 26, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5597.IH H5597

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1 tional Conservation Area’’ means the Beaver Dam 

2 Wash National Conservation Area as established by 

3 the Omnibus Public Lands Management Act of 2009 

4 (Public Law 111–11). 

5 (2) DESERT TORTOISE HABITAT CONSERVATION

6 PLAN.—The term ‘‘Desert Tortoise Habitat Con7 servation Plan, Washington County, Utah’’ means 

8 the Washington County Habitat Conservation Plan 

9 signed February 23, 1996, by the United States 

10 Fish and Wildlife Service, Bureau of Land Manage11 ment, the State of Utah, Washington County, Utah, 

12 and Ivins City, Utah. 

13 (3) RED CLIFFS NATIONAL CONSERVATION

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

15 Area’’ means the Red Cliffs National Conservation 

16 Area as established by the Omnibus Public Lands 

17 Management Act of 2009 (Public Law 111–11). 

18 (4) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 (5) UNIT OF LOCAL GOVERNMENT.—The term 

21 ‘‘unit of local government’’ means Washington 

22 County, St. George City, and other political subdivi23 sions of the State of Utah, including municipalities 

24 of the State of Utah within the geographical bound25 aries of Washington County with authority over local 


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1 planning and zoning and the Washington County 

2 Water Conservancy District. 

3 (6) UTILITY.—The term ‘‘utility’’ means exist4 ing or new sites, rights-of-way, permits, grants, in5 frastructure, edifices, facilities, and any other com6 ponents that provide public services including, but 

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

8 communications. 

9 (7) UTILITY DEVELOPMENT PROTOCOLS.—The 

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

11 Cliffs Desert Reserve Development Protocols for 

12 Projects agreement approved by Washington County, 

13 Bureau of Land Management, and United States 

14 Fish and Wildlife Service for the construction, oper15 ation, maintenance, and replacement of utilities 

16 within the Red Cliffs Desert Reserve and/or Inci17 dental Take Areas dated August 1, 2006, as amend18 ed. 

19 SEC. 3. AMENDMENT AND RENEWAL OF THE DESERT TOR20 TOISE HABITAT CONSERVATION PLAN, WASH21 INGTON COUNTY, UTAH. 

22 (a) IN GENERAL.—Upon receipt from Washington 

23 County, Utah, of a proposal to amend and renew the 

24 Desert Tortoise Habitat Conservation Plan, Washington 

25 County, Utah that includes an additional 6,865 acre 


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1 desert tortoise reserve zone named the Red Cliffs Desert 

2 Reserve, Zone 6, as generally depicted on a map entitled 

3 ‘‘Red Cliffs Desert Reserve, Zone 6’’ and dated February 

4 23, 2018, the Secretary shall, after coordination with 

5 units of local government and in accordance with the pro6 visions of this Act and with applicable laws, approve such 

7 amendment and renew such plan and the permit under 

8 the Endangered Species Act of 1973 (16 U.S.C. 1531 et 

9 seq.) that was issued for such plan, for a period of 25 

10 years. 

11 (b) MANAGEMENT OF RED CLIFFS DESERT RE12 SERVE, ZONE 6.—The Red Cliffs Desert Reserve, Zone 

13 6 shall be managed by Washington County as part of and 

14 in conformity with the provisions of the Desert Tortoise 

15 Habitat Conservation Plan, Washington County, Utah. 

16 (c) MANAGEMENT OF FEDERAL LANDS.—The Sec17 retary shall manage Federal lands within Zone 6 of the 

18 Desert Tortoise Habitat Conservation Plan, Washington 

19 County, Utah to enhance the natural values of such lands, 

20 including wildlife habitat, and recreational, cultural, edu21 cational, and scientific values of such lands. 

22 (d) AMENDMENT OF ST. GEORGE FIELD OFFICE RE23 SOURCE MANAGEMENT PLAN.— 

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1 ington County, shall amend the St. George Field Of2 fice Resource Management Plan to provide for man3 agement of Federal lands within the Red Cliffs 

4 Desert Reserve, Zone 6 area. 

5 (2) AMENDMENT REQUIREMENTS.—The 

6 amendment shall include— 

7 (A) management of species in accordance 

8 with the Desert Tortoise Habitat Conservation 

9 Plan, Washington County, Utah; 

10 (B) the utility development protocols as 

11 outlined for the Red Cliffs Desert Reserve and/ 

12 or Incidental Take Areas dated August 1, 2006, 

13 as amended; and 

14 (C) management of recreation in conform15 ance with the Desert Tortoise Habitat Con16 servation Plan, Washington County, Utah for 

17 other zones in the Red Cliffs Desert Reserve in18 cluding rock climbing, organized events ap19 proved by the Washington County Habitat Con20 servation Advisory Committee, hiking, biking, 

21 horseback riding, and off-highway vehicle use 

22 on designated trails and roads. 

23 (e) PROVISION OF MITIGATION CREDITS.—The Sec24 retary shall manage the Red Cliffs Desert Reserve, Zone 

25 6 as a land bank to provide mitigation credits for future 


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1 disturbances of the Red Cliffs Desert Reserve, including 

2 utility disturbances and the construction of the Northern 

3 Transportation Corridor identified in section 5. 

4 (f) MITIGATION CREDITS IN RENEWED TAKE PER5 MIT.—In the permit extended under subsection (a), the 

6 Secretary shall credit Washington County as follows: 

7 (1) Washington County shall receive mitigation 

8 credit for the tortoises protected on non-Federal 

9 lands in Zone 6; and 

10 (2) Washington County shall receive mitigation 

11 credit, in yearly installments, for those tortoises suc12 cessfully translocated and surviving, based on survi13 vorship and juvenile recruitment estimates as deter14 mined by the United States Fish and Wildlife Serv15 ice. 

16 (g) ADOPTION OF AMENDMENT.—The Secretary 

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

18 Resource Management Plan within one year after receipt 

19 of Washington County’s proposal to amend and renew the 

20 Habitat Conservation Plan including the Red Cliffs Desert 

21 Reserve, Zone 6. 

22 (h) HABITAT CONSERVATION PLAN NOT OTHERWISE

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

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


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1 the Desert Tortoise Habitat Conservation Plan, Wash2 ington County, Utah. 

3 SEC. 4. ADJUSTMENT TO RESOURCE MANAGEMENT PLANS 

4 AND CONSERVATION AREAS. 

5 Not later than one year after the date of enactment 

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

9 Area, and the amendment to the St. George Field Office 

10 Resource Management Plan— 

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

12 Federal Land Policy and Management Act of 1976 

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

14 (2) in coordination and cooperation with units 

15 of local government in the State of Utah including 

16 Washington County, St. George City, and other po17 litical subdivisions, including municipalities of the 

18 State of Utah within the geographical boundaries of 

19 Washington County with authority over local plan20 ning and zoning, and the Washington County Water 

21 Conservancy District; and 

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

23 SEC. 5. RED CLIFFS NATIONAL CONSERVATION AREA. 

24 (a) BOUNDARIES AND PUBLIC ACCESS.— 


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

2 Conservation Area shall consist of approximately 

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

4 Washington County, Utah, identified on the Red 

5 Cliffs National Conservation Area Management Map 

6 dated February 23, 2018. 

7 (2) AVAILABILITY OF MAP.—An updated map 

8 and legal description of the Red Cliffs National Con9 servation Area shall be on file and available for pub10 lic inspection in the appropriate offices of the Bu11 reau of Land Management. 

12 (b) PRESERVATION OF EXISTING UTILITY COR13 RIDOR.—The Secretary shall recognize on federally man14 aged lands a 150-foot-wide transportation utility corridor 

15 in each direction from the centerline of SR 18 through 

16 the Red Cliffs National Conservation Area. 

17 (c) UTILITY DEVELOPMENT PROTOCOLS FOR HABI18 TAT CONSERVATION PLAN.—The Secretary shall adhere 

19 to the Utility Development Protocols dated August 1, 

20 2006, as amended, within the Red Cliffs National Con21 servation Area and/or Incidental Take Area as the suitable 

22 mechanism for new and existing utility management with23 in the Red Cliffs National Conservation Area. 

24 (d) WATER RIGHTS ASSOCIATED WITH ACQUIRED

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1 SERVATION AREA.—The Secretary may not acquire any 

2 water rights in the Red Cliffs National Conservation Area 

3 or any water rights related to any land or interest in land 

4 in the Red Cliffs National Conservation Area. 

5 (e) NORTHERN TRANSPORTATION AND UTILITY COR6 RIDOR.—The Secretary of the Interior shall grant to the 

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

8 a 300 foot wide right-of-way for the northern transpor9 tation and utility route pursuant to section 1977(b)(2)(A) 

10 of Public Law 111–11 identified on the Red Cliffs Na11 tional Conservation Act Management Map dated February 

12 23, 2018. 

13 SEC. 6. BEAVER DAM WASH NATIONAL CONSERVATION 

14 AREA. 

15 (a) Preservation of Existing Utility Corridor—The 

16 Secretary shall recognize on federally managed lands a 

17 150-foot-wide transportation and utility corridor in each 

18 direction from the centerline of old US 91 through the 

19 Beaver Dam Wash National Conservation Area. 

20 (b) WATER RIGHTS ASSOCIATED WITH ACQUIRED

21 LAND AND INTERESTS FOR BEAVER DAM WASH NA22 TIONAL CONSERVATION AREA.—The Secretary may not 

23 acquire any water rights in the Beaver Dam Wash Na24 tional Conservation Area or any water rights related to 


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1 any land or interest in land in the Beaver Dam Wash Na2 tional Conservation Area. 

3 (c) UTILITY DEVELOPMENT PROTOCOLS.—The Sec4 retary shall adopt utility development protocols for the 

5 construction, operation, maintenance, and replacement of 

6 utilities within the Beaver Dam Wash National Conserva7 tion Area that are no more restrictive than the Red Cliffs 

8 Desert Reserve Utility Development Protocols dated Au9 gust 1, 2006, as amended. The Beaver Dam Wash Utility 

10 Development Protocols shall comply with the National En11 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

12 including the identification and consideration of potential 

13 impacts to fish and wildlife resources and habitat. 

14 (d) PRESERVATION OF EXISTING UTILITIES AND

15 GRAZING PERMITS.—Access to utilities and grazing per16 mits and maintenance of utilities that are located in Bea17 ver Dam National Wash National Conservation Area, shall 

18 be preserved. 

Æ 


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