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

Beaver dam wash national conservation area— The term “Beaver Dam Wash National Conservation Area” means the Beaver Dam Wash National Conservation Area as established by the Omnibus Public Lands Management Act of 2009 (Public Law 111–11).

Desert tortoise habitat conservation plan— The term “Desert Tortoise Habitat Conservation 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.

Red Cliffs National Conservation Area— The term “Red Cliffs National Conservation Area” means the Red Cliffs National Conservation Area as established by the Omnibus Public Lands Management Act of 2009 (Public Law 111–11).

Secretary— The term “Secretary” means the Secretary of the Interior.

Unit of local government— The term “unit of local government” means Washington County, 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 planning and zoning and the Washington County Water Conservancy District.

Utility— The term “utility” means existing or new sites, rights-of-way, permits, grants, infrastructure, edifices, facilities, and any other components that provide public services including, but not limited to, water, electricity, gas, sewage, and communications.

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 Red Cliffs Desert Reserve and/or Incidental Take Areas dated August 1, 2006, as amended.

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 Secretary shall, after coordination with units of local government 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.

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 Tortoise Habitat Conservation Plan, Washington County, Utah.

Provision of mitigation credits— The Secretary shall manage the Red Cliffs Desert Reserve, Zone 6 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 Northern Transportation Corridor identified in section 5.

Mitigation credits in renewed take permit— In the permit extended under subsection (a), the Secretary shall credit Washington County as follows:

Adoption of amendment— The Secretary shall adopt the amendment to the St. George Field Office Resource 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.

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.

in accordance with section 202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(9));

in coordination and cooperation with units of local government in the State of Utah including Washington County, St. George City, and other political subdivisions, including municipalities of the State of Utah within the geographical boundaries of Washington County with authority over local planning and zoning, and the Washington County Water Conservancy District; and

consistent with the provisions of this Act.

Preservation of Existing Utility Corridor— The Secretary shall recognize on federally managed lands a 150-foot-wide transportation utility corridor in each direction from the centerline of SR 18 through the Red Cliffs National Conservation Area.

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.

Water rights associated with acquired land and interests for red cliffs national conservation area— The Secretary may only acquire water rights in the Red Cliffs National Conservation Area if permitted by State law, to ensure adequate management of the designated areas for campgrounds, visitor facilities, and for other recreational uses.

Northern transportation and utility corridor— 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 Public Law 111–11 identified on the Red Cliffs National Conservation Area Management Map dated February 23, 2018.

Preservation of Existing Utility Corridor—The Secretary shall recognize on federally managed lands a 150-foot-wide transportation and utility corridor in each direction from the centerline of old US 91 through the Beaver Dam Wash National Conservation Area.

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 Conservation Area if permitted by State law, to ensure adequate management of the designated areas for campgrounds, visitor facilities, and for other recreational uses.

Utility development protocols— The Secretary shall adopt utility development protocols for the construction, operation, maintenance, and replacement of utilities 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 Development Protocols 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.

Preservation of Existing Utilities and Grazing Permits— Access to utilities and grazing permits and maintenance of utilities that are located in Beaver Dam National Wash National Conservation Area, shall be preserved.