IB 

Union Calendar No. 693 

115TH CONGRESS 

2D SESSION H. R. 5597 

[Report No. 115–896] 

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 

AUGUST 10, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 24, 2018] 


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A BILL 

To provide for the expansion of the Desert Tortoise Habitat 

Conservation Plan, Washington County, Utah. 


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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 Habitat 

5 Conservation Plan Expansion Act, Washington County, 

6 Utah’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) BEAVER DAM WASH NATIONAL CONSERVATION

10 AREA.—The term ‘‘Beaver Dam Wash National Con11 servation Area’’ means the Beaver Dam Wash Na12 tional Conservation Area as established by the Omni13 bus Public Lands Management Act of 2009 (Public 

14 Law 111–11). 

15 (2) DESERT TORTOISE HABITAT CONSERVATION

16 PLAN.—The term ‘‘Desert Tortoise Habitat Conserva17 tion Plan, Washington County, Utah’’ means the 

18 Washington County Habitat Conservation Plan 

19 signed February 23, 1996, by the United States Fish 

20 and Wildlife Service, Bureau of Land Management, 

21 the State of Utah, Washington County, Utah, and 

22 Ivins City, Utah. 

23 (3) RED CLIFFS NATIONAL CONSERVATION

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

25 Area’’ means the Red Cliffs National Conservation 


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1 Area as established by the Omnibus Public Lands 

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

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

4 the Secretary of the Interior. 

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

6 ‘‘unit of local government’’ means Washington Coun7 ty, St. George City, and other political subdivisions 

8 of the State of Utah, including municipalities of the 

9 State of Utah within the geographical boundaries of 

10 Washington County with authority over local plan11 ning and zoning and the Washington County Water 

12 Conservancy District. 

13 (6) UTILITY.—The term ‘‘utility’’ means existing 

14 or new sites, rights-of-way, permits, grants, infra15 structure, edifices, facilities, and any other compo16 nents that provide public services including, but not 

17 limited to, water, electricity, gas, sewage, and com18 munications. 

19 (7) UTILITY DEVELOPMENT PROTOCOLS.—The 

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

21 Cliffs Desert Reserve Development Protocols for 

22 Projects agreement approved by Washington County, 

23 Bureau of Land Management, and United States Fish 

24 and Wildlife Service for the construction, operation, 

25 maintenance, and replacement of utilities within the 


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1 Red Cliffs Desert Reserve and/or Incidental Take 

2 Areas dated August 1, 2006, as amended. 

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

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

7 County, Utah, of a proposal to amend and renew the Desert 

8 Tortoise Habitat Conservation Plan, Washington County, 

9 Utah that includes an additional 6,865 acre desert tortoise 

10 reserve zone named the Red Cliffs Desert Reserve, Zone 6, 

11 as generally depicted on a map entitled ‘‘Red Cliffs Desert 

12 Reserve, Zone 6’’ and dated February 23, 2018, the Sec13 retary shall, after coordination with units of local govern14 ment and in accordance with the provisions of this Act and 

15 with applicable laws, approve such amendment and renew 

16 such plan and the permit under the Endangered Species 

17 Act of 1973 (16 U.S.C. 1531 et seq.) that was issued for 

18 such plan, for a period of 25 years. 

19 (b) MAP AND LEGAL DESCRIPTION.— 

20 (1) As soon as practical after the date of enact21 ment of this Act, the Secretary shall submit to the 

22 Committee on Natural Resources of the House of Rep23 resentatives and the Committee on Energy and Nat24 ural Resources of the Senate an official map and 


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1 legal description of the parcel described in subsection 

2 (a). 

3 (2) The map and legal description submitted 

4 under this paragraph shall have the same force and 

5 effect as if included in this Act, except that the Sec6 retary may make minor modifications of any clerical 

7 or typographical errors in the map or the legal de8 scription. 

9 (3) A copy of the map and the legal description 

10 shall be on file and available for public inspection in 

11 the appropriate field offices of the Bureau of Land 

12 Management. 

13 (c) MANAGEMENT OF RED CLIFFS DESERT RESERVE, 

14 ZONE 6.—Management of the Red Cliffs Desert Reserve, 

15 Zone 6 shall be facilitated by Washington County as part 

16 of and in conformity with the provisions of the Desert Tor17 toise Habitat Conservation Plan, Washington County, 

18 Utah. 

19 (d) MANAGEMENT OF FEDERAL LANDS.— 

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

21 Federal lands within Zone 6 of the Desert Tortoise 

22 Habitat Conservation Plan, Washington County, 

23 Utah, in a manner consistent with the purposes of the 

24 Red Cliffs Desert Tortoise Reserve and to enhance the 

25 natural values of such lands, including wildlife habiVerDate Sep 11 2014 20:28 Aug 10, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H5597.RH H5597

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1 tat, and recreational, cultural, educational, and sci2 entific values of such lands. 

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

4 Secretary, at the request of the owner of the non-Fed5 eral lands located in the Beaver Dam Wash National 

6 Conservation Area, the Red Cliffs National Conserva7 tion Area, and the Red Cliffs Desert Reserve, Zone 6, 

8 shall seek to acquire through exchange under the Om9 nibus Parks and Public Lands Management Act of 

10 1996 (Public Law 104–333; 110 Stat. 4137 et seq.) or 

11 by purchase or donation, those non-Federal lands as 

12 soon as practicable. 

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

15 (1) IN GENERAL.—The Secretary, in consultation 

16 with units of local government including Washington 

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

19 of Federal lands within the Red Cliffs Desert Reserve, 

20 Zone 6 area. 

21 (2) AMENDMENT REQUIREMENTS.—The amend22 ment shall include— 

23 (A) management of species in accordance 

24 with the Desert Tortoise Habitat Conservation 

25 Plan, Washington County, Utah; 


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1 (B) the utility development protocols as out2 lined for the Red Cliffs Desert Reserve and/or In3 cidental Take Areas dated August 1, 2006, as 

4 amended; and 

5 (C) management of recreational activities 

6 in conformance with the Desert Tortoise Habitat 

7 Conservation Plan, Washington County, Utah 

8 for other zones in the Red Cliffs Desert Reserve 

9 including rock climbing, organized events, hik10 ing, biking, horseback riding, and off-highway 

11 vehicle use on designated trails and roads. 

12 (f) PROVISION OF MITIGATION CREDITS.—The Sec13 retary shall manage the Red Cliffs Desert Reserve, Zone 6 

14 as a land bank to provide mitigation credits for future dis15 turbances of the Red Cliffs Desert Reserve, including utility 

16 disturbances and the construction of the Northern Trans17 portation Corridor identified in section 5. 

18 (g) MITIGATION CREDITS IN RENEWED TAKE PER19 MIT.—In the permit extended under subsection (a), the Sec20 retary shall credit Washington County as follows: 

21 (1) Washington County shall receive mitigation 

22 credit for the tortoises protected on non-Federal lands 

23 in Zone 6; and 

24 (2) Washington County shall receive mitigation 

25 credit, in yearly installments, for those tortoises sucVerDate Sep 11 2014 20:28 Aug 10, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H5597.RH H5597

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1 cessfully translocated and surviving, based on survi2 vorship and juvenile recruitment estimates as deter3 mined by the United States Fish and Wildlife Serv4 ice. 

5 (h) ADOPTION OF AMENDMENT.—The Secretary shall 

6 adopt the amendment to the St. George Field Office Re7 source Management Plan within two years after receipt of 

8 Washington County’s proposal to amend and renew the 

9 Habitat Conservation Plan including the Red Cliffs Desert 

10 Reserve, Zone 6. 

11 (i) HABITAT CONSERVATION PLAN NOT OTHERWISE

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

13 this Act otherwise limits, alters, modifies, or amends the 

14 Desert Tortoise Habitat Conservation Plan, Washington 

15 County, Utah. 

16 SEC. 4. ADJUSTMENT TO RESOURCE MANAGEMENT PLANS 

17 AND CONSERVATION AREAS. 

18 Not later than one year after the date of enactment 

19 of this Act, the Secretary shall amend the resource manage20 ment plans for the Beaver Dam Wash National Conserva21 tion Area, the Red Cliffs National Conservation Area, and 

22 the St. George Field Office Resource Management Plan— 

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

24 Federal Land Policy and Management Act of 1976 

25 (43 U.S.C. 1712(c)(9)); 


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1 (2) in coordination and cooperation with units 

2 of local government in the State of Utah including 

3 Washington County, St. George City, and other polit4 ical subdivisions, including municipalities of the 

5 State of Utah within the geographical boundaries of 

6 Washington County with authority over local plan7 ning and zoning, and the Washington County Water 

8 Conservancy District; and 

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

10 SEC. 5. RED CLIFFS NATIONAL CONSERVATION AREA. 

11 (a) BOUNDARIES AND PUBLIC ACCESS.— 

12 (1) IN GENERAL.—The Red Cliffs National Con13 servation Area shall consist of approximately 45,000 

14 acres of public and non-Federal land in Washington 

15 County, Utah, identified on the Red Cliffs National 

16 Conservation Area Management Map dated February 

17 23, 2018. 

18 (2) MAP AND LEGAL DESCRIPTION.— 

19 (A) As soon as practical after the date of 

20 enactment of this Act, the Secretary shall submit 

21 to the Committee on Natural Resources of the 

22 House of Representatives and the Committee on 

23 Energy and Natural Resources of the Senate an 

24 official map and legal description of the parcel 

25 described in paragraph (1). 


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1 (B) The map and legal description sub2 mitted under this paragraph shall have the same 

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

4 that the Secretary may make minor modifica5 tions of any clerical or typographical errors in 

6 the map or the legal description. 

7 (C) A copy of the map and the legal de8 scription shall be on file and available for public 

9 inspection in the appropriate field offices of the 

10 Bureau of Land Management. 

11 (b) PRESERVATION OF EXISTING UTILITY COR12 RIDOR.—The Secretary shall recognize on federally man13 aged lands a 150-foot-wide transportation utility corridor 

14 in each direction from the centerline of SR 18 through the 

15 Red Cliffs National Conservation Area. 

16 (c) UTILITY DEVELOPMENT PROTOCOLS FOR HABITAT

17 CONSERVATION PLAN.—The Secretary shall adhere to the 

18 Utility Development Protocols dated August 1, 2006, as 

19 amended, within the Red Cliffs National Conservation Area 

20 and/or Incidental Take Area as the suitable mechanism for 

21 new and existing utility management within the Red Cliffs 

22 National Conservation Area. 

23 (d) WATER RIGHTS ASSOCIATED WITH ACQUIRED

24 LAND AND INTERESTS FOR RED CLIFFS NATIONAL CON25 SERVATION AREA.—The Secretary may only acquire water 


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1 rights in the Red Cliffs National Conservation Area if per2 mitted by State law, to ensure adequate management of the 

3 designated areas for campgrounds, visitor facilities, and for 

4 other recreational uses. 

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 transportation 

9 and utility route pursuant to section 1977(b)(2)(A) of Pub10 lic Law 111–11 identified on the Red Cliffs National Con11 servation Area Management Map dated February 23, 2018. 

12 SEC. 6. BEAVER DAM WASH NATIONAL CONSERVATION 

13 AREA. 

14 (a) Preservation of Existing Utility Corridor—The 

15 Secretary shall recognize on federally managed lands a 150- 

16 foot-wide transportation and utility corridor in each direc17 tion from the centerline of old US 91 through the Beaver 

18 Dam Wash National Conservation Area. 

19 (b) WATER RIGHTS ASSOCIATED WITH ACQUIRED

20 LAND AND INTERESTS FOR BEAVER DAM WASH NATIONAL

21 CONSERVATION AREA.—The Secretary may only acquire 

22 water rights in the Beaver Dam Wash National Conserva23 tion Area if permitted by State law, to ensure adequate 

24 management of the designated areas for campgrounds, vis25 itor facilities, and for other recreational uses. 


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1 (c) UTILITY DEVELOPMENT PROTOCOLS.—The Sec2 retary shall adopt utility development protocols for the con3 struction, operation, maintenance, and replacement of utili4 ties within the Beaver Dam Wash National Conservation 

5 Area that are no more restrictive than the Red Cliffs Desert 

6 Reserve Utility Development Protocols dated August 1, 

7 2006, as amended. The Beaver Dam Wash Utility Develop8 ment Protocols shall comply with the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), includ10 ing the identification and consideration of potential im11 pacts to fish and wildlife resources and habitat. 

12 (d) PRESERVATION OF EXISTING UTILITIES AND

13 GRAZING PERMITS.—Access to utilities and grazing per14 mits and maintenance of utilities that are located in Beaver 

15 Dam National Wash National Conservation Area, shall be 

16 preserved. 


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Union Calendar No. 693 

115TH CONGRESS 

2D SESSION H. R. 5597 

[Report No. 115–896] 

A BILL 

To provide for the expansion of the Desert Tortoise 

Utah. Habitat Conservation Plan, Washington County, 

AUGUST 10, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


amozie on DSK3GDR082PROD with BILLS