H.R. 5597 — what changed
Desert Tortoise Habitat Conservation Plan Expansion Act, Washington County, Utah
From Introduced in House to Reported in House. 4 sections amended between Introduced in House and Reported in House.
Sec. 3 Amendment and renewal of the Desert Tortoise Habitat Conservation Plan, Washington County, Utah
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.
added
Map and legal description—
added
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 subsection (a).
added
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 Secretary may make minor modifications of any clerical or typographical errors in the map or the legal description.
added
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.
removed
Management of Red Cliffs Desert Reserve, Zone 6— The Red Cliffs Desert Reserve, Zone 6 shall be managed by Washington County as part of and in conformity with the provisions of the Desert Tortoise Habitat Conservation Plan, Washington County, Utah.
changed
Management of Federal lands—Red Cliffs Desert Reserve, Zone 6— The Secretary shall manage Federal lands within 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 to enhance the natural values of such lands, including wildlife habitat, and recreational, cultural, educational, and scientific values of such lands.Utah.
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Amendment of St. George Field Office Resource Management Plan—of Federal lands—
added
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 habitat, and recreational, cultural, educational, and scientific values of such lands.
added
Acquisition of non-Federal land— The Secretary, at the request of the owner of the non-Federal lands located in the Beaver Dam Wash National Conservation Area, the Red Cliffs National Conservation Area, and the Red Cliffs Desert Reserve, Zone 6, shall seek to acquire through exchange under the Omnibus 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.
added
Amendment of St. George Field Office Resource Management Plan—
renumbered
was (5)(2)
In general— The Secretary, in consultation with units of local government including Washington County, shall amend the St. George Field Office Resource Management Plan to provide for management of Federal lands within the Red Cliffs Desert Reserve, Zone 6 area.
renumbered
was (5)(3)
Amendment requirements— The amendment shall include—
renumbered
was (5)(3)(3)
management of species in accordance with the Desert Tortoise Habitat Conservation Plan, Washington County, Utah;
renumbered
was (5)(3)(4)
the utility development protocols as outlined for the Red Cliffs Desert Reserve and/or Incidental Take Areas dated August 1, 2006, as amended; and
added
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, hiking, biking, horseback riding, and off-highway vehicle use on designated trails and roads.
removed
management of recreation 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 approved by the Washington County Habitat Conservation Advisory Committee, hiking, biking, horseback riding, and off-highway vehicle use on designated trails and roads.
renumbered
was (6)
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.
renumbered
was (7)
Mitigation credits in renewed take permit— In the permit extended under subsection (a), the Secretary shall credit Washington County as follows:
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was (7)(3)
Washington County shall receive mitigation credit for the tortoises protected on non-Federal lands in Zone 6; and
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was (7)(4)
Washington County shall receive mitigation credit, in yearly installments, for those tortoises successfully translocated and surviving, based on survivorship and juvenile recruitment estimates as determined by the United States Fish and Wildlife Service.
added
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.
removed
Adoption of amendment— The Secretary shall adopt the amendment to the St. George Field Office Resource Management Plan within one year after receipt of Washington County’s proposal to amend and renew the Habitat Conservation Plan including the Red Cliffs Desert Reserve, Zone 6.
renumbered
was (9)
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
changed
Not later than one year after the date of enactment of this Act, the Secretary shall amend the resource management plans for the Beaver Dam Wash National Conservation Area, the Red Cliffs National Conservation Area, and the amendment to the St. George Field Office Resource Management Plan—
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.
Sec. 5 Red Cliffs National Conservation Area
Boundaries and public access—
In general— The Red Cliffs National Conservation 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.
added
Map and legal description—
added
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).
added
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 Secretary may make minor modifications of any clerical or typographical errors in the map or the legal description.
added
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.
removed
Availability of map— An updated map and legal description of the Red Cliffs National Conservation Area shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
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.
changed
Water rights associated with acquired land and interests for red cliffs national conservation area— The Secretary may not only acquire any water rights in the Red Cliffs National Conservation Area or any water rights related if permitted by State law, to any land or interest in land in ensure adequate management of the Red Cliffs National Conservation Area.designated areas for campgrounds, visitor facilities, and for other recreational uses.
changed
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 Act Area Management Map dated February 23, 2018.
Sec. 6 Beaver Dam Wash National Conservation Area
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.
changed
Water rights associated with acquired land and interests for beaver dam wash national conservation area— The Secretary may not only acquire any water rights in the Beaver Dam Wash National Conservation Area or any water rights related if permitted by State law, to any land or interest in land in ensure adequate management of the Beaver Dam Wash National Conservation Area.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.