[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3297 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3297
To provide for the expansion of the Desert Tortoise Habitat
Conservation Plan, Washington County, Utah.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2018
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for the expansion of the Desert Tortoise Habitat
Conservation Plan, Washington County, Utah.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Washington County, Utah, Public Land
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Beaver dam wash national conservation area.--The term
``Beaver Dam Wash National Conservation Area'' means the Beaver
Dam Wash National Conservation Area established by section
1975(c) of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 460xxx(c)).
(2) County.--The term ``County'' means Washington County,
Utah.
(3) Desert tortoise habitat conservation plan.--The term
``Desert Tortoise Habitat Conservation Plan'' means the
conservation plan entitled ``Washington County Habitat
Conservation Plan'' and dated February 23, 1996.
(4) Red cliffs national conservation area.--The term ``Red
Cliffs National Conservation Area'' means the Red Cliffs
National Conservation Area established by section 1974(c) of
the Omnibus Public Land Management Act of 2009 (16 U.S.C.
460www(c)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Utah.
(7) Unit of local government.--The term ``unit of local
government'' means--
(A) the County;
(B) St. George City, Utah; and
(C) any other political subdivision of the State,
including--
(i) any municipality of the State within
the geographical boundary of the County with
authority over local planning and zoning; and
(ii) the Washington County Water
Conservancy District.
(8) Utility.--The term ``utility'' means any existing or
new site, right-of-way, permit, grant, infrastructure, edifice,
facility, or any other component that provides a public service
(including water, electricity, gas, sewage, or communications
service).
(9) Utility development protocols.--The term ``Utility
Development Protocols'' means the Red Cliffs Desert Reserve
development protocols for projects agreement approved by the
County, the Bureau of Land Management, and the United States
Fish and Wildlife Service for the construction, operation,
maintenance, and replacement of utilities within the Red Cliffs
Desert Reserve and incidental take areas dated August 1, 2006
(as amended).
SEC. 3. AMENDMENT AND RENEWAL OF THE DESERT TORTOISE HABITAT
CONSERVATION PLAN, WASHINGTON COUNTY, UTAH.
(a) In General.--On receipt from the County of a proposal to amend
and renew the Desert Tortoise Habitat Conservation Plan to include an
additional 6,865-acre desert tortoise reserve zone identified as the
Red Cliffs Desert Reserve-Zone 6 on the map entitled ``Red Cliffs
Desert Reserve-Zone 6'' and dated February 23, 2018, the Secretary
shall, after coordination with units of local government and in
accordance with this Act and applicable law--
(1) approve the amendment; and
(2) renew, for a period of 25 years--
(A) the Desert Tortoise Habitat Conservation Plan;
and
(B) the permit issued under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) for the Desert
Tortoise Habitat Conservation Plan.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable 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 reserve zone
described in subsection (a).
(2) Errors.--The map and legal description submitted under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may make minor
modifications of any clerical or typographical errors in the
map or the legal description.
(3) Availability.--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 reserve zone described in subsection (a) shall be facilitated by
the County as part of, and in accordance with, the Desert Tortoise
Habitat Conservation Plan.
(d) Management of Federal Land.--The Secretary shall manage Federal
land within the reserve zone described in subsection (a)--
(1) in a manner consistent with the purposes of the Red
Cliffs Desert Tortoise Reserve; and
(2) to enhance the natural values of the land comprising
the reserve zone, including wildlife habitat and the
recreational, cultural, educational, and scientific values of
the land.
(e) Amendment of St. George Field Office Resource Management
Plan.--
(1) In general.--The Secretary, in consultation with units
of local government, shall amend the St. George Field Office
Resource Management Plan to provide for management of Federal
land within the reserve zone described in subsection (a).
(2) Amendment requirements.--The amendment under paragraph
(1) shall--
(A) provide for the management of species in the
reserve zone described in subsection (a) in accordance
with the Desert Tortoise Habitat Conservation Plan;
(B) include the utility protocols entitled
``Development Protocols for Projects Within the Red
Cliffs Desert Reserve and/or Incidental Take Areas''
and dated August 1, 2006 (as amended); and
(C) provide for the management of recreational
activities in accordance with the Desert Tortoise
Habitat Conservation Plan for other zones in the Red
Cliffs Desert Reserve, including rock climbing,
organized events, hiking, biking, horseback riding, and
off-highway vehicle use on designated trails and roads.
(3) Adoption of amendment.--The Secretary shall adopt the
amendment to the St. George Field Office Resource Management
Plan within 2 years after receipt of the proposal of the County
to amend and renew the Desert Tortoise Habitat Conservation
Plan including the reserve zone described in subsection (a).
(f) Provision of Mitigation Credits.--The Secretary shall manage
the reserve zone described in subsection (a) as a land bank to provide
mitigation credits for future disturbances of the Red Cliffs Desert
Reserve, including utility disturbances and the construction of the
corridor described in section 5(e).
(g) Mitigation Credits in Renewed Take Permit.--In the permit
renewed under subsection (a)(2)(B), the County shall receive mitigation
credit for--
(1) the tortoises protected on non-Federal land in the
reserve zone described in subsection (a); and
(2) in annual installments, any tortoises successfully
translocated and surviving in the reserve zone described in
subsection (a), based on survivorship and juvenile recruitment
estimates, as determined by the United States Fish and Wildlife
Service.
(h) 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.
SEC. 4. ADJUSTMENT TO RESOURCE MANAGEMENT PLANS AND CONSERVATION AREAS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall amend each of the resource management plans for the
Beaver Dam Wash National Conservation Area and 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));
(2) in coordination and cooperation with units of local
government; and
(3) consistent with this Act.
SEC. 5. RED CLIFFS NATIONAL CONSERVATION AREA.
(a) Boundary; Map and Legal Description.--
(1) Boundary.--The Red Cliffs National Conservation Area
shall consist of the approximately 45,000 acres of public land
and non-Federal land in the County depicted on the map entitled
the ``Red Cliffs National Conservation Area Management Map''
and dated February 23, 2018.
(2) Map and legal description.--
(A) In general.--As soon as practicable 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 land described in paragraph
(1).
(B) Errors.--The map and legal description
submitted under subparagraph (A) shall have the same
force and effect as if included in this Act, except
that the Secretary may make minor modifications of any
clerical or typographical errors in the map or legal
description.
(C) Availability.--A copy of the map and legal
description submitted under subparagraph (A) 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 Corridor.--The Secretary shall
recognize on federally managed land a 150-foot-wide transportation
utility corridor in each direction from the centerline of State Route
18 through the Red Cliffs National Conservation Area.
(c) Utility Development Protocols for Habitat Conservation Plan.--
The Secretary shall comply with the Utility Development Protocols with
respect to the management of new and existing utilities in the Red
Cliffs National Conservation Area.
(d) Acquisition of Water Rights in the Red Cliffs National
Conservation Area.--The Secretary may only acquire water rights in the
Red Cliffs National Conservation Area--
(1) if permitted by State law; and
(2) to ensure adequate management of the designated areas
for campgrounds, visitor facilities, and other recreational
uses.
(e) Northern Transportation and Utility Corridor.--The Secretary
shall grant to the State or one or more units of local government a
300-foot-wide right-of-way for the northern transportation and utility
route required under section 1977(b)(2)(A) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1089), as depicted
on the map entitled ``Red Cliffs National Conservation Area Management
Map'' and 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 land a 150-foot-wide transportation and
utility corridor in each direction from the centerline of old U.S.
Highway No. 91 through the Beaver Dam Wash National Conservation Area.
(b) Acquisition of Water Rights in the Beaver Dam Wash National
Conservation Area.--The Secretary may only acquire water rights in the
Beaver Dam Wash National Conservation Area--
(1) if permitted by State law; and
(2) to ensure adequate management of the designated areas
for campgrounds, visitor facilities, and other recreational
uses.
(c) Utility Development Protocols.--
(1) In general.--Subject to paragraph (2), the Secretary
shall adopt utility development protocols for the construction,
operation, maintenance, and replacement of utilities in the
Beaver Dam Wash National Conservation Area that are not more
restrictive than the Utility Development Protocols.
(2) Applicable law.--The utility development protocols
adopted under paragraph (1) shall comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
including the identification and consideration of potential
impacts to fish and wildlife resources and habitat in the
Beaver Dam Wash National Conservation Area.
(d) Preservation of Existing Utilities and Grazing Permits.--Access
to utilities and grazing permits and maintenance of utilities that are
located in the Beaver Dam National Wash National Conservation Area
shall be preserved.
SEC. 7. ACQUISITION OF NON-FEDERAL LAND IN THE BEAVER DAM WASH NATIONAL
CONSERVATION AREA, THE RED CLIFFS NATIONAL CONSERVATION
AREA, AND THE RED CLIFFS DESERT RESERVE-ZONE 6.
On the request of the owner of non-Federal land located in the
Beaver Dam Wash National Conservation Area, the Red Cliffs National
Conservation Area, or the reserve zone described in section 3(a), the
Secretary shall seek to acquire through an exchange carried out in
accordance with section 309 of division I of the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat.
4137) the non-Federal land as soon as practicable after the date on
which the Secretary receives the request from the owner.
<all>