,,ii #aaeth ,,congress #b;d ,session ,s4 #cbig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjah ,mr4 ,lee introduced the following bill2 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 ,plan1 ,washington ,county1 ,utah4 #a4 ,short title ,this ,act may be cited as the ,washington ,county1 ,utah1 ,public ,land ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,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 #aige7;c7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #dfjxxx7c774 7#b7 ,county ,the term ,county means ,washington ,county1 ,utah4 7#c7 ,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 #bc1 #aiif4 7#d7 ,red ,cliffs ,national ,conservation ,area ,the term ,red ,cliffs ,national ,conservation ,area means the ,red ,cliffs ,national ,conservation ,area established by section #aigd7;c7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #dfjwww7c774 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#f7 ,state ,the term ,state means the ,state of ,utah4 7#g7 ,unit of local government ,the term unit of local government means-- 7,a7 the ,county2 7,b7 ,st4 ,george ,city1 ,utah2 and 7,c7 any other political subdivision of the ,state1 including-- 7i7 any municipality of the ,state within the geographical boundary of the ,county with authority over local planning and zoning2 and 7ii7 the ,washington ,county ,water ,conservancy ,district4 7#h7 ,utility ,the term utility means any existing or new site1 right-of-way1 permit1 grant1 infrastructure1 edifice1 facility1 or any other component that provides a public service 7including water1 electricity1 gas1 sewage1 or communications service74 7#i7 ,utility development protocols ,the term ,utility ,development ,protocols means the ,red ,cliffs ,desert ,reserve development protocols for projects agreement approved by the ,county1 the ,bureau of ,land ,management1 and the ,united ,states ,fish and ,wildlife ,service for the construction1 operation1 maintenance1 and replacement of utilities within the ,red ,cliffs ,desert ,reserve and incidental take areas dated ,august #a1 #bjjf 7as amended74 #c4 ,amendment and renewal of the ,desert ,tortoise ,habitat ,conservation ,plan1 ,washington ,county1 ,utah 7a7 ,in general ,on receipt from the ,county of a proposal to amend and renew the ,desert ,tortoise ,habitat ,conservation ,plan to include an additional #f1hfe-;acre desert tortoise reserve zone identified as the ,red ,cliffs ,desert ,reserve-,zone #f on the map entitled ,red ,cliffs ,desert ,reserve-,zone #f and dated ,february #bc1 #bjah1 the ,secretary shall1 after coordination with units of local government and in accordance with this ,act and applicable law-- 7#a7 approve the amendment2 and 7#b7 renew1 for a period of #be years-- 7,a7 the ,desert ,tortoise ,habitat ,conservation ,plan2 and 7,b7 the permit issued under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 for the ,desert ,tortoise ,habitat ,conservation ,plan4 7b7 ,map and legal description 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 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 7a74 7#b7 ,errors ,the map and legal description submitted under paragraph 7#a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary may make minor modifications of any clerical or typographical errors in the map or the legal description4 7#c7 ,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 ,management4 7c7 ,management of ,red ,cliffs ,desert ,reserve-,zone #f ,management of the reserve zone described in subsection 7a7 shall be facilitated by the ,county as part of1 and in accordance with1 the ,desert ,tortoise ,habitat ,conservation ,plan4 7d7 ,management of ,federal ,land ,the ,secretary shall manage ,federal land within the reserve zone described in subsection 7a7-- 7#a7 in a manner consistent with the purposes of the ,red ,cliffs ,desert ,tortoise ,reserve2 and 7#b7 to enhance the natural values of the land comprising the reserve zone1 including wildlife habitat and the recreational1 cultural1 educational1 and scientific values of the land4 7e7 ,amendment of ,st4 ,george ,field ,office ,resource ,management ,plan 7#a7 ,in general ,the ,secretary1 in consultation with units of local government1 shall amend the ,st4 ,george ,field ,office ,resource ,management ,plan to provide for management of ,federal land within the reserve zone described in subsection 7a74 7#b7 ,amendment requirements ,the amendment under paragraph 7#a7 shall-- 7,a7 provide for the management of species in the reserve zone described in subsection 7a7 in accordance with the ,desert ,tortoise ,habitat ,conservation ,plan2 7,b7 include the utility protocols entitled ,development ,protocols for ,projects ,within the ,red ,cliffs ,desert ,reserve and_/or ,incidental ,take ,areas and dated ,august #a1 #bjjf 7as amended72 and 7,c7 provide for the management of recreational activities in accordance with the ,desert ,tortoise ,habitat ,conservation ,plan for other zones in the ,red ,cliffs ,desert ,reserve1 including rock climbing1 organized events1 hiking1 biking1 horseback riding1 and off-highway vehicle use on designated trails and roads4 7#c7 ,adoption of amendment ,the ,secretary shall adopt the amendment to the ,st4 ,george ,field ,office ,resource ,management ,plan within #b 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 7a74 7f7 ,provision of mitigation credits ,the ,secretary shall manage the reserve zone described in subsection 7a7 as a land bank to provide mitigation credits for future disturbances of the ,red ,cliffs ,desert ,reserve1 including utility disturbances and the construction of the corridor described in section #e7;e74 7g7 ,mitigation credits in renewed take permit ,in the permit renewed under subsection 7a77#b77;,b71 the ,county shall receive mitigation credit for-- 7#a7 the tortoises protected on non-,federal land in the reserve zone described in subsection 7a72 and 7#b7 in annual installments1 any tortoises successfully translocated and surviving in the reserve zone described in subsection 7a71 based on survivorship and juvenile recruitment estimates1 as determined by the ,united ,states ,fish and ,wildlife ,service4 7h7 ,habitat conservation plan not otherwise affected ,except as provided in this section1 nothing in this ,act otherwise limits1 alters1 modifies1 or amends the ,desert ,tortoise ,habitat ,conservation ,plan4 #d4 ,adjustment to resource management plans and conservation areas ,not later than #a year after the date of enactment of this ,act1 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 ,st4 ,george ,field ,office ,resource ,management ,plan-- 7#a7 in accordance with section #bjb7;c77#i7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab7;c77#i772 7#b7 in coordination and cooperation with units of local government2 and 7#c7 consistent with this ,act4 #e4 ,red ,cliffs ,national ,conservation ,area 7a7 ,boundary2 map and legal description 7#a7 ,boundary ,the ,red ,cliffs ,national ,conservation ,area shall consist of the approximately #de1jjj 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 #bc1 #bjah4 7#b7 ,map and legal description 7,a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 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 7#a74 7,b7 ,errors ,the map and legal description submitted under subparagraph 7,a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary may make minor modifications of any clerical or typographical errors in the map or legal description4 7,c7 ,availability ,a copy of the map and legal description submitted under subparagraph 7,a7 shall be on file and available for public inspection in the appropriate field offices of the ,bureau of ,land ,management4 7b7 ,preservation of existing utility corridor ,the ,secretary shall recognize on federally managed land a #aej-;foot-wide transportation utility corridor in each direction from the centerline of ,state ,route #ah through the ,red ,cliffs ,national ,conservation ,area4 7c7 ,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 ,area4 7d7 ,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-- 7#a7 if permitted by ,state law2 and 7#b7 to ensure adequate management of the designated areas for campgrounds1 visitor facilities1 and other recreational uses4 7e7 ,northern transportation and utility corridor ,the ,secretary shall grant to the ,state or one or more units of local government a #cjj-;foot-wide right-of-way for the northern transportation and utility route required under section #aigg7;b77#b77;,a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #ajhi71 as depicted on the map entitled ,red ,cliffs ,national ,conservation ,area ,management ,map and dated ,february #bc1 #bjah4 #f4 ,beaver ,dam ,wash ,national ,conservation ,area 7a7 ,preservation of existing utility corridor ,the ,secretary shall recognize on federally managed land a #aej-;foot-wide transportation and utility corridor in each direction from the centerline of old ,u4,s4 ,highway ,no4 #ia through the ,beaver ,dam ,wash ,national ,conservation ,area4 7b7 ,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-- 7#a7 if permitted by ,state law2 and 7#b7 to ensure adequate management of the designated areas for campgrounds1 visitor facilities1 and other recreational uses4 7c7 ,utility development protocols 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall adopt utility development protocols for the construction1 operation1 maintenance1 and replacement of utilities in the ,beaver ,dam ,wash ,national ,conservation ,area that are not more restrictive than the ,utility ,development ,protocols4 7#b7 ,applicable law ,the utility development protocols adopted under paragraph 7#a7 shall comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the identification and consideration of potential impacts to fish and wildlife resources and habitat in the ,beaver ,dam ,wash ,national ,conservation ,area4 7d7 ,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 preserved4 #g4 ,acquisition of non-,federal land in the ,beaver ,dam ,wash ,national ,conservation ,area1 the ,red ,cliffs ,national ,conservation ,area1 and the ,red ,cliffs ,desert ,reserve-,zone #f ,on the request of the owner of non-,federal land located in the ,beaver ,dam ,wash ,national ,conservation ,area1 the ,red ,cliffs ,national ,conservation ,area1 or the reserve zone described in section #c7;a71 the ,secretary shall seek to acquire through an exchange carried out in accordance with section #cji of division ,i of the ,omnibus ,parks and ,public ,lands ,management ,act of #aiif 7,public ,law #ajd-ccc2 #aaj ,stat4 #dacg7 the non-,federal land as soon as practicable after the date on which the ,secretary receives the request from the owner4