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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Desert Tortoise Habitat 
Conservation Plan Expansion Act, Washington County, 
Utah’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) BEAVER DAM WASH NATIONAL CONSERVATION 
AREA.—The term ‘‘Beaver Dam Wash National Con-
servation Area’’ means the Beaver Dam Wash Na-
tional Conservation Area as established by the Omni-
bus Public Lands Management Act of 2009 (Public 
Law 111–11). 
(2) DESERT TORTOISE HABITAT CONSERVATION 
PLAN.—The term ‘‘Desert Tortoise Habitat Conserva-
tion Plan, Washington County, Utah’’ means the 
Washington County Habitat Conservation Plan 
signed February 23, 1996, by the United States Fish 
and Wildlife Service, Bureau of Land Management, 
the State of Utah, Washington County, Utah, and 
Ivins City, Utah. 
(3) 
RED
CLIFFS
NATIONAL
CONSERVATION 
AREA.—The term ‘‘Red Cliffs National Conservation 
Area’’ means the Red Cliffs National Conservation 
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Area as established by the Omnibus Public Lands 
Management Act of 2009 (Public Law 111–11). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) UNIT
OF
LOCAL
GOVERNMENT.—The term 
‘‘unit of local government’’ means Washington Coun-
ty, St. George City, and other political subdivisions 
of the State of Utah, including municipalities of the 
State of Utah within the geographical boundaries of 
Washington County with authority over local plan-
ning and zoning and the Washington County Water 
Conservancy District. 
(6) UTILITY.—The term ‘‘utility’’ means existing 
or new sites, rights-of-way, permits, grants, infra-
structure, edifices, facilities, and any other compo-
nents that provide public services including, but not 
limited to, water, electricity, gas, sewage, and com-
munications. 
(7) UTILITY
DEVELOPMENT
PROTOCOLS.—The 
term ‘‘utility development protocols’’ means the Red 
Cliffs Desert Reserve Development Protocols for 
Projects agreement approved by Washington County, 
Bureau of Land Management, and United States Fish 
and Wildlife Service for the construction, operation, 
maintenance, and replacement of utilities within the 
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Red Cliffs Desert Reserve and/or Incidental Take 
Areas dated August 1, 2006, as amended. 
SEC. 3. AMENDMENT AND RENEWAL OF THE DESERT TOR-
TOISE HABITAT CONSERVATION PLAN, WASH-
INGTON COUNTY, UTAH. 
(a) IN GENERAL.—Upon receipt from Washington 
County, Utah, of a proposal to amend and renew the Desert 
Tortoise Habitat Conservation Plan, Washington County, 
Utah that includes an additional 6,865 acre desert tortoise 
reserve zone named the Red Cliffs Desert Reserve, Zone 6, 
as generally depicted on a map entitled ‘‘Red Cliffs Desert 
Reserve, Zone 6’’ and dated February 23, 2018, the Sec-
retary shall, after coordination with units of local govern-
ment and in accordance with the provisions of this Act and 
with applicable laws, approve such amendment and renew 
such plan and the permit under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) that was issued for 
such plan, for a period of 25 years. 
(b) MAP AND LEGAL DESCRIPTION.— 
(1) As soon as practical after the date of enact-
ment of this Act, the Secretary shall submit to the 
Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate an official map and 
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legal description of the parcel described in subsection 
(a). 
(2) The map and legal description submitted 
under this paragraph shall have the same force and 
effect as if included in this Act, except that the Sec-
retary may make minor modifications of any clerical 
or typographical errors in the map or the legal de-
scription. 
(3) A copy of the map and the legal description 
shall be on file and available for public inspection in 
the appropriate field offices of the Bureau of Land 
Management. 
(c) MANAGEMENT OF RED CLIFFS DESERT RESERVE, 
ZONE 6.—Management of the Red Cliffs Desert Reserve, 
Zone 6 shall be facilitated by Washington County as part 
of and in conformity with the provisions of the Desert Tor-
toise Habitat Conservation Plan, Washington County, 
Utah. 
(d) MANAGEMENT OF FEDERAL LANDS.— 
(1) IN GENERAL.—The Secretary shall manage 
Federal lands within Zone 6 of the Desert Tortoise 
Habitat Conservation Plan, Washington County, 
Utah, in a manner consistent with the purposes of the 
Red Cliffs Desert Tortoise Reserve and to enhance the 
natural values of such lands, including wildlife habi-
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tat, and recreational, cultural, educational, and sci-
entific values of such lands. 
(2) ACQUISITION OF NON-FEDERAL LAND.—The 
Secretary, at the request of the owner of the non-Fed-
eral lands located in the Beaver Dam Wash National 
Conservation Area, the Red Cliffs National Conserva-
tion Area, and the Red Cliffs Desert Reserve, Zone 6, 
shall seek to acquire through exchange under the Om-
nibus Parks and Public Lands Management Act of 
1996 (Public Law 104–333; 110 Stat. 4137 et seq.) or 
by purchase or donation, those non-Federal lands as 
soon as practicable. 
(e) AMENDMENT OF ST. GEORGE FIELD OFFICE RE-
SOURCE MANAGEMENT PLAN.— 
(1) IN GENERAL.—The Secretary, in consultation 
with units of local government including Washington 
County, shall amend the St. George Field Office Re-
source Management Plan to provide for management 
of Federal lands within the Red Cliffs Desert Reserve, 
Zone 6 area. 
(2) AMENDMENT REQUIREMENTS.—The amend-
ment shall include— 
(A) management of species in accordance 
with the Desert Tortoise Habitat Conservation 
Plan, Washington County, Utah; 
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(B) the utility development protocols as out-
lined for the Red Cliffs Desert Reserve and/or In-
cidental Take Areas dated August 1, 2006, as 
amended; and 
(C) management of recreational activities 
in conformance with the Desert Tortoise Habitat 
Conservation Plan, Washington County, Utah 
for other zones in the Red Cliffs Desert Reserve 
including rock climbing, organized events, hik-
ing, biking, horseback riding, and off-highway 
vehicle use on designated trails and roads. 
(f) PROVISION OF MITIGATION CREDITS.—The Sec-
retary shall manage the Red Cliffs Desert Reserve, Zone 6 
as a land bank to provide mitigation credits for future dis-
turbances of the Red Cliffs Desert Reserve, including utility 
disturbances and the construction of the Northern Trans-
portation Corridor identified in section 5. 
(g) MITIGATION CREDITS IN RENEWED TAKE PER-
MIT.—In the permit extended under subsection (a), the Sec-
retary shall credit Washington County as follows: 
(1) Washington County shall receive mitigation 
credit for the tortoises protected on non-Federal lands 
in Zone 6; and 
(2) Washington County shall receive mitigation 
credit, in yearly installments, for those tortoises suc-
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cessfully translocated and surviving, based on survi-
vorship and juvenile recruitment estimates as deter-
mined by the United States Fish and Wildlife Serv-
ice. 
(h) ADOPTION OF AMENDMENT.—The Secretary shall 
adopt the amendment to the St. George Field Office Re-
source Management Plan within two years after receipt of 
Washington County’s proposal to amend and renew the 
Habitat Conservation Plan including the Red Cliffs Desert 
Reserve, Zone 6. 
(i) HABITAT CONSERVATION PLAN NOT OTHERWISE 
AFFECTED.—Except as provided in this section, nothing in 
this Act otherwise limits, alters, modifies, or amends the 
Desert Tortoise Habitat Conservation Plan, Washington 
County, Utah. 
SEC. 4. ADJUSTMENT TO RESOURCE MANAGEMENT PLANS 
AND CONSERVATION AREAS. 
Not later than one year after the date of enactment 
of this Act, the Secretary shall amend the resource manage-
ment plans for the Beaver Dam Wash National Conserva-
tion Area, the Red Cliffs National Conservation Area, and 
the St. George Field Office Resource Management Plan— 
(1) in accordance with section 202(c)(9) of the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1712(c)(9)); 
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(2) in coordination and cooperation with units 
of local government in the State of Utah including 
Washington County, St. George City, and other polit-
ical subdivisions, including municipalities of the 
State of Utah within the geographical boundaries of 
Washington County with authority over local plan-
ning and zoning, and the Washington County Water 
Conservancy District; and 
(3) consistent with the provisions of this Act. 
SEC. 5. RED CLIFFS NATIONAL CONSERVATION AREA. 
(a) BOUNDARIES AND PUBLIC ACCESS.— 
(1) IN GENERAL.—The Red Cliffs National Con-
servation Area shall consist of approximately 45,000 
acres of public and non-Federal land in Washington 
County, Utah, identified on the Red Cliffs National 
Conservation Area Management Map dated February 
23, 2018. 
(2) MAP AND LEGAL DESCRIPTION.— 
(A) As soon as practical after the date of 
enactment of this Act, the Secretary shall submit 
to the Committee on Natural Resources of the 
House of Representatives and the Committee on 
Energy and Natural Resources of the Senate an 
official map and legal description of the parcel 
described in paragraph (1). 
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(B) The map and legal description sub-
mitted under this paragraph shall have the same 
force and effect as if included in this Act, except 
that the Secretary may make minor modifica-
tions of any clerical or typographical errors in 
the map or the legal description. 
(C) A copy of the map and the legal de-
scription shall be on file and available for public 
inspection in the appropriate field offices of the 
Bureau of Land Management. 
(b) PRESERVATION
OF
EXISTING
UTILITY
COR-
RIDOR.—The Secretary shall recognize on federally man-
aged lands a 150-foot-wide transportation utility corridor 
in each direction from the centerline of SR 18 through the 
Red Cliffs National Conservation Area. 
(c) UTILITY DEVELOPMENT PROTOCOLS FOR HABITAT 
CONSERVATION PLAN.—The Secretary shall adhere to the 
Utility Development Protocols dated August 1, 2006, as 
amended, within the Red Cliffs National Conservation Area 
and/or Incidental Take Area as the suitable mechanism for 
new and existing utility management within the Red Cliffs 
National Conservation Area. 
(d) WATER RIGHTS ASSOCIATED WITH ACQUIRED 
LAND AND INTERESTS FOR RED CLIFFS NATIONAL CON-
SERVATION AREA.—The Secretary may only acquire water 
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rights in the Red Cliffs National Conservation Area if per-
mitted by State law, to ensure adequate management of the 
designated areas for campgrounds, visitor facilities, and for 
other recreational uses. 
(e) NORTHERN TRANSPORTATION AND UTILITY COR-
RIDOR.—The Secretary of the Interior shall grant to the 
State of Utah or to one or more units of local government 
a 300 foot wide right-of-way for the northern transportation 
and utility route pursuant to section 1977(b)(2)(A) of Pub-
lic Law 111–11 identified on the Red Cliffs National Con-
servation Area Management Map dated February 23, 2018. 
SEC. 6. BEAVER DAM WASH NATIONAL CONSERVATION 
AREA. 
(a) Preservation of Existing Utility Corridor—The 
Secretary shall recognize on federally managed lands a 150- 
foot-wide transportation and utility corridor in each direc-
tion from the centerline of old US 91 through the Beaver 
Dam Wash National Conservation Area. 
(b) WATER RIGHTS ASSOCIATED WITH ACQUIRED 
LAND AND INTERESTS FOR BEAVER DAM WASH NATIONAL 
CONSERVATION AREA.—The Secretary may only acquire 
water rights in the Beaver Dam Wash National Conserva-
tion Area if permitted by State law, to ensure adequate 
management of the designated areas for campgrounds, vis-
itor facilities, and for other recreational uses. 
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(c) UTILITY DEVELOPMENT PROTOCOLS.—The Sec-
retary shall adopt utility development protocols for the con-
struction, operation, maintenance, and replacement of utili-
ties within the Beaver Dam Wash National Conservation 
Area that are no more restrictive than the Red Cliffs Desert 
Reserve Utility Development Protocols dated August 1, 
2006, as amended. The Beaver Dam Wash Utility Develop-
ment Protocols shall comply with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), includ-
ing the identification and consideration of potential im-
pacts to fish and wildlife resources and habitat. 
(d) PRESERVATION
OF
EXISTING
UTILITIES
AND 
GRAZING PERMITS.—Access to utilities and grazing per-
mits and maintenance of utilities that are located in Beaver 
Dam National Wash National Conservation Area, shall be 
preserved. 
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