Desert Tortoise Habitat Conservation Plan Expansion Act, Washington County, Utah

I 116TH CONGRESS 2D SESSION H. R. 7815 To provide for the expansion of the Desert Tortoise Habitat Conservation Plan, Washington County, Utah, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 29, 2020 Mr. STEWART introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the expansion of the Desert Tortoise Habitat Conservation Plan, Washington County, Utah, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Desert Tortoise Habi- 4 tat Conservation Plan Expansion Act, Washington Coun- 5 ty, Utah’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 (1) BEAVER DAM WASH NATIONAL CONSERVA- 9 TION AREA.—The term ‘‘Beaver Dam Wash Na- 10 VerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7815 IH tional Conservation Area’’ means the Beaver Dam 1 Wash National Conservation Area as established by 2 the Omnibus Public Lands Management Act of 2009 3 (Public Law 111–11, 16 U.S.C. 460xxx(c)). 4 (2) COUNTY.—The term ‘‘County’’ means 5 Washington County, Utah. 6 (3) DESERT TORTOISE HABITAT CONSERVATION 7 PLAN.—The term ‘‘Desert Tortoise Habitat Con- 8 servation Plan, Washington County, Utah’’ means 9 the Washington County Habitat Conservation Plan 10 signed February 23, 1996, by the United States 11 Fish and Wildlife Service, Bureau of Land Manage- 12 ment, the State of Utah, Washington County, Utah, 13 and Ivins City, Utah. 14 (4) RED CLIFFS NATIONAL CONSERVATION 15 AREA.—The term ‘‘Red Cliffs National Conservation 16 Area’’ means the Red Cliffs National Conservation 17 Area as established by the Omnibus Public Lands 18 Management Act of 2009 (Public Law 111–11; 123 19 Stat. 1089). 20 (5) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of the Interior. 22 (6) UNIT OF LOCAL GOVERNMENT.—The term 23 ‘‘unit of local government’’— 24 VerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7815 IH (A) means Washington County, St. George 1 City, and other political subdivisions of the 2 State of Utah, including municipalities of the 3 State of Utah within the geographical bound- 4 aries of Washington County with authority over 5 local planning and zoning and the Washington 6 County Water Conservancy District; and 7 (B) includes the Shivwits Band of Paiutes, 8 a federally recognized Indian Tribe located 9 within Washington County. 10 (7) UTILITY.—The term ‘‘utility’’ means exist- 11 ing or new sites, rights-of-way, permits, grants, in- 12 frastructure, edifices, facilities, and any other com- 13 ponents that provide public services including, but 14 not limited to, water, electricity, gas, sewage, and 15 communications. 16 (8) UTILITY DEVELOPMENT PROTOCOLS.—The 17 term ‘‘utility development protocols’’ means the Red 18 Cliffs Desert Reserve Development Protocols for 19 Projects agreement approved by Washington County, 20 Bureau of Land Management, and United States 21 Fish and Wildlife Service for the construction, oper- 22 ation, maintenance, and replacement of utilities 23 within the Red Cliffs Desert Reserve and/or Inci- 24 VerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7815 IH dental Take Areas dated August 1, 2006, as amend- 1 ed. 2 SEC. 3. AMENDMENT AND RENEWAL OF THE DESERT TOR- 3 TOISE HABITAT CONSERVATION PLAN, WASH- 4 INGTON COUNTY, UTAH. 5 (a) IN GENERAL.—Upon receipt from the County of 6 a proposal to amend and renew the Desert Tortoise Habi- 7 tat Conservation Plan, Washington County, Utah, that in- 8 cludes an approximately 6,865 acre desert tortoise reserve 9 zone named the Red Cliffs Desert Reserve, Zone 6, gen- 10 erally depicted on the map entitled ‘‘Red Cliffs Desert Re- 11 serve, Zone 6’’ and dated February 23, 2018, the Sec- 12 retary shall, after coordination with units of local govern- 13 ment and in accordance with this Act and with applicable 14 laws, approve such amendment and renew such plan and 15 the permit under the Endangered Species Act of 1973 (16 16 U.S.C. 1531 et seq.) that was issued for such plan, for 17 a period of 25 years. 18 (b) MAP AND LEGAL DESCRIPTION.— 19 (1) IN GENERAL.—As soon as practical after 20 the date of enactment of this Act, the Secretary 21 shall submit to the Committee on Natural Resources 22 of the House of Representatives and the Committee 23 on Energy and Natural Resources of the Senate an 24 VerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7815 IH official map and legal description of the parcel de- 1 scribed in subsection (a). 2 (2) ERRORS.—The map and legal description 3 submitted under this subsection shall have the same 4 force and effect as if included in this Act, except 5 that the Secretary may make minor modifications of 6 any clerical or typographical errors in the map or 7 the legal description. 8 (3) AVAILABILITY.—A copy of the map and the 9 legal description shall be on file and available for 10 public inspection in the appropriate field offices of 11 the Bureau of Land Management. 12 (c) MANAGEMENT OF RED CLIFFS DESERT RE- 13 SERVE, ZONE 6.—Management of the Red Cliffs Desert 14 Reserve, Zone 6, shall be facilitated by the County as part 15 of and in conformity with the provisions of the Desert Tor- 16 toise Habitat Conservation Plan. 17 (d) MANAGEMENT OF FEDERAL LANDS.— 18 (1) IN GENERAL.—The Secretary shall manage 19 Federal lands within the Red Cliffs Desert Reserve, 20 Zone 6, of the Desert Tortoise Habitat Conservation 21 Plan, in a manner consistent with the purposes of 22 the Red Cliffs Desert Tortoise Reserve, in consulta- 23 tion with the Shivwits Band of Paiutes and to en- 24 hance the natural values of such lands, including 25 VerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 7815 IH wildlife habitat, and recreational, cultural, edu- 1 cational, and scientific values of such lands. 2 (2) ACQUISITION OF NON-FEDERAL LAND.— 3 The Secretary, at the request of the owner of the 4 non-Federal lands located in the Beaver Dam Wash 5 National Conservation Area, the Red Cliffs National 6 Conservation Area, and the Red Cliffs Desert Re- 7 serve, Zone 6, shall seek to acquire through ex- 8 change under the Omnibus Parks and Public Lands 9 Management Act of 1996 (Public Law 104–333; 10 110 Stat. 4137 et seq.) or by purchase or donation, 11 those non-Federal lands as soon as practicable. 12 (e) AMENDMENT OF ST. GEORGE FIELD OFFICE RE- 13 SOURCE MANAGEMENT PLAN.— 14 (1) IN GENERAL.—The Secretary, in consulta- 15 tion with units of local government including the 16 County, shall amend the St. George Field Office Re- 17 source Management Plan to provide for management 18 of Federal lands within the Red Cliffs Desert Re- 19 serve, Zone 6. 20 (2) AMENDMENT REQUIREMENTS.—The 21 amendment under paragraph (1) shall include— 22 (A) management of species in accordance 23 with the Desert Tortoise Habitat Conservation 24 Plan; 25 VerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 7815 IH (B) the utility development protocols as 1 outlined for the Red Cliffs Desert Reserve and/ 2 or Incidental Take Areas dated August 1, 2006, 3 as amended; and 4 (C) management of recreational activities 5 in conformance with the Desert Tortoise Habi- 6 tat Conservation Plan for other zones in the 7 Red Cliffs Desert Reserve, including rock climb- 8 ing, organized events, hiking, biking, horseback 9 riding, and off-highway vehicle use on des- 10 ignated trails and roads. 11 (f) PROVISION OF MITIGATION CREDITS.—The Sec- 12 retary shall manage the Red Cliffs Desert Reserve, Zone 13 6, as a land bank to provide mitigation credits for future 14 disturbances of the Red Cliffs Desert Reserve, including 15 utility disturbances and the construction of the Northern 16 Transportation Corridor identified in section 5(e). 17 (g) MITIGATION CREDITS IN RENEWED TAKE PER- 18 MIT.—In the permit extended under subsection (a), the 19 Secretary shall credit Washington County mitigation cred- 20 it— 21 (1) for the tortoises protected on non-Federal 22 lands in the Red Cliffs Desert Reserve, Zone 6; and 23 (2) in yearly installments, for those tortoises 24 successfully translocated and surviving, based on 25 VerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 7815 IH survivorship and juvenile recruitment estimates as 1 determined by the United States Fish and Wildlife 2 Service. 3 (h) ADOPTION OF AMENDMENT.—The Secretary 4 shall adopt the amendment to the St. George Field Office 5 Resource Management Plan not later than two years after 6 receipt of Washington County’s proposal to amend and 7 renew the Habitat Conservation Plan including the Red 8 Cliffs Desert Reserve, Zone 6. 9 (i) HABITAT CONSERVATION PLAN NOT OTHERWISE 10 AFFECTED.—Except as provided in this section, nothing 11 in this Act otherwise limits, alters, modifies, or amends 12 the Desert Tortoise Habitat Conservation Plan. 13 SEC. 4. SHIVWITS BANDS OF PAIUTE INDIANS. 14 In order to allow the Secretary to carry out manage- 15 ment activities in direct consultation with the Shivwits 16 Band of Paiutes, this Act clarifies the Paiute Indian Tribe 17 of Utah Restoration Act (Public Law 96–227) to confirm 18 that the Shivwits Bands of Paiute Indians is a separate 19 and independent federally recognized Indian Tribe, as rec- 20 ognized by the Paiute Indian Tribe of Utah Restoration 21 Act. The Shivwits Band of Paiute Indians is not required 22 to participate in joint, inter-tribal governance with the 23 Cedar Band, Indian Peaks, Kanosh or Koosharem Bands 24 VerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 7815 IH of Paiute Indians in Utah, and is not subject to the Con- 1 stitution of the Paiute Indian Tribe of Utah. 2 SEC. 5. ADJUSTMENT TO RESOURCE MANAGEMENT PLANS 3 AND CONSERVATION AREAS. 4 Not later than 1 year after the date of enactment 5 of this Act, the Secretary shall amend the resource man- 6 agement plans for the Beaver Dam Wash National Con- 7 servation Area, the Red Cliffs National Conservation 8 Area, and the St. George Field Office Resource Manage- 9 ment Plan— 10 (1) in accordance with section 202(c)(9) of the 11 Federal Land Policy and Management Act of 1976 12 (43 U.S.C. 1712(c)(9)); 13 (2) in coordination and cooperation with units 14 of local government in the State of Utah including 15 the County, St. George City, and other political sub- 16 divisions, including municipalities of the State of 17 Utah within the geographical boundaries of Wash- 18 ington County with authority over local planning 19 and zoning, and the Washington County Water Con- 20 servancy District; and 21 (3) consistent with the provisions of this Act. 22 SEC. 6. RED CLIFFS NATIONAL CONSERVATION AREA. 23 (a) BOUNDARIES AND PUBLIC ACCESS.— 24 VerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 7815 IH (1) IN GENERAL.—The Red Cliffs National 1 Conservation Area shall consist of approximately 2 45,000 acres of public and non-Federal land in 3 Washington County, Utah, identified on the Red 4 Cliffs National Conservation Area Management Map 5 dated February 23, 2018. 6 (2) MAP AND LEGAL DESCRIPTION.— 7 (A) IN GENERAL.—As soon as practical 8 after the date of enactment of this Act, the Sec- 9 retary shall submit to the Committee on Nat- 10 ural Resources of the House of Representatives 11 and the Committee on Energy and Natural Re- 12 sources of the Senate an official map and legal 13 description of the parcel described in paragraph 14 (1). 15 (B) FORCE AND EFFECT.—The map and 16 legal description submitted under this para- 17 graph shall have the same force and effect as 18 if included in this Act, except that the Sec- 19 retary may make minor modifications of any 20 clerical or typographical errors in the map or 21 the legal description. 22 (C) PUBLIC AVAILABILITY.—A copy of the 23 map and the legal description shall be on file 24 and available for public inspection in the appro- 25 VerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 7815 IH priate field offices of the Bureau of Land Man- 1 agement. 2 (b) PRESERVATION OF EXISTING UTILITY COR- 3 RIDOR.—The Secretary shall recognize on federally man- 4 aged lands a 150-foot-wide transportation utility corridor 5 in each direction from the centerline of SR 18 through 6 the Red Cliffs National Conservation Area. 7 (c) UTILITY DEVELOPMENT PROTOCOLS FOR HABI- 8 TAT CONSERVATION PLAN.—The Secretary shall adhere 9 to the Utility Development Protocols dated August 1, 10 2006, as amended, within the Red Cliffs National Con- 11 servation Area and/or Incidental Take Area as the suitable 12 mechanism for new and existing utility management with- 13 in the Red Cliffs National Conservation Area. 14 (d) WATER RIGHTS ASSOCIATED WITH ACQUIRED 15 LAND AND INTERESTS FOR RED CLIFFS NATIONAL CON- 16 SERVATION AREA.—The Secretary may only acquire water 17 rights in the Red Cliffs National Conservation Area if al- 18 lowed by State law, to ensure adequate management of 19 the designated areas for campgrounds, visitor facilities, 20 and for other recreational uses. 21 (e) NORTHERN TRANSPORTATION AND UTILITY COR- 22 RIDOR.—The Secretary of the Interior shall grant to the 23 State of Utah or to one or more units of local government 24 a 300-foot-wide right-of-way for the northern transpor- 25 VerDate Sep 11 2014 04:38 Aug 21, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7815.IH H7815 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 7815 IH tation and utility route pursuant to section 1977(b)(2)(A) 1 of the Omnibus Public Land Management Act of 2009 2 (Public Law 111–11; 123 Stat. 1089) identified on the 3 Red Cliffs National Conservation Area Management Map 4 dated February 23, 2018. 5 SEC. 7. BEAVER DAM WASH NATIONAL CONSERVATION 6 AREA. 7 (a) PRESERVATION OF EXISTIN [Text truncated for display. Full text available on Congress.gov.]