,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ghae ,,in ,,the ,,house ,,of ,,representatives ,july #bi1 #bjbj ,mr4 ,stewart introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to provide for the expansion of the ,desert ,tortoise ,habitat ,conservation ,plan1 ,washington ,county1 ,utah1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,desert ,tortoise ,habitat ,conservation ,plan ,expansion ,act1 ,washington ,county1 ,utah4 #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 as established by the ,omnibus ,public ,lands ,management ,act of #bjji 7,public ,law #aaa-aa1 #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 ,plan1 ,washington ,county1 ,utah means the ,washington ,county ,habitat ,conservation ,plan signed ,february #bc1 #aiif1 by the ,united ,states ,fish and ,wildlife ,service1 ,bureau of ,land ,management1 the ,state of ,utah1 ,washington ,county1 ,utah1 and ,ivins ,city1 ,utah4 7#d7 ,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 #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #ajhi74 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#f7 ,unit of local government ,the term unit of local government-- 7,a7 means ,washington ,county1 ,st4 ,george ,city1 and other political subdivisions of the ,state of ,utah1 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 ,district2 and 7,b7 includes the ,shivwits ,band of ,paiutes1 a federally recognized ,indian ,tribe located within ,washington ,county4 7#g7 ,utility ,the term utility means existing or new sites1 rights-of-way1 permits1 grants1 infrastructure1 edifices1 facilities1 and any other components that provide public services including1 but not limited to1 water1 electricity1 gas1 sewage1 and communications4 7#h7 ,utility development protocols ,the term utility development protocols means the ,red ,cliffs ,desert ,reserve ,development ,protocols for ,projects agreement approved by ,washington ,county1 ,bureau of ,land ,management1 and ,united ,states ,fish and ,wildlife ,service for the construction1 operation1 maintenance1 and replacement of utilities within the ,red ,cliffs ,desert ,reserve and_/or ,incidental ,take ,areas dated ,august #a1 #bjjf1 as amended4 #c4 ,amendment and renewal of the ,desert ,tortoise ,habitat ,conservation ,plan1 ,washington ,county1 ,utah 7a7 ,in general ,upon receipt from the ,county of a proposal to amend and renew the ,desert ,tortoise ,habitat ,conservation ,plan1 ,washington ,county1 ,utah1 that includes an approximately #f1hfe acre desert tortoise reserve zone named the ,red ,cliffs ,desert ,reserve1 ,zone #f1 generally depicted on the map entitled ,red ,cliffs ,desert ,reserve1 ,zone #f and dated ,february #bc1 #bjah1 the ,secretary shall1 after coordination with units of local government and in accordance with this ,act and with applicable laws1 approve such amendment and renew such plan and the permit under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 that was issued for such plan1 for a period of #be years4 7b7 ,map and legal description 7#a7 ,in general ,as soon as practical 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 parcel described in subsection 7a74 7#b7 ,errors ,the map and legal description submitted under this subsection 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 reserve1 zone #f ,management of the ,red ,cliffs ,desert ,reserve1 ,zone #f1 shall be facilitated by the ,county as part of and in conformity with the provisions of the ,desert ,tortoise ,habitat ,conservation ,plan4 7d7 ,management of ,federal lands 7#a7 ,in general ,the ,secretary shall manage ,federal lands within the ,red ,cliffs ,desert ,reserve1 ,zone #f1 of the ,desert ,tortoise ,habitat ,conservation ,plan1 in a manner consistent with the purposes of the ,red ,cliffs ,desert ,tortoise ,reserve1 in consultation with the ,shivwits ,band of ,paiutes and to enhance the natural values of such lands1 including wildlife habitat1 and recreational1 cultural1 educational1 and scientific values of such lands4 7#b7 ,acquisition of non-,federal land ,the ,secretary1 at the request of the owner of the non-,federal lands located in the ,beaver ,dam ,wash ,national ,conservation ,area1 the ,red ,cliffs ,national ,conservation ,area1 and the ,red ,cliffs ,desert ,reserve1 ,zone #f1 shall seek to acquire through exchange under the ,omnibus ,parks and ,public ,lands ,management ,act of #aiif 7,public ,law #ajd-ccc2 #aaj ,stat4 #dacg et seq47 or by purchase or donation1 those non-,federal lands as soon as practicable4 7e7 ,amendment of ,st4 ,george ,field ,office ,resource ,management ,plan 7#a7 ,in general ,the ,secretary1 in consultation with units of local government including the ,county1 shall amend the ,st4 ,george ,field ,office ,resource ,management ,plan to provide for management of ,federal lands within the ,red ,cliffs ,desert ,reserve1 ,zone #f4 7#b7 ,amendment requirements ,the amendment under paragraph 7#a7 shall include-- 7,a7 management of species in accordance with the ,desert ,tortoise ,habitat ,conservation ,plan2 7,b7 the utility development protocols as outlined for the ,red ,cliffs ,desert ,reserve and_/or ,incidental ,take ,areas dated ,august #a1 #bjjf1 as amended2 and 7,c7 management of recreational activities in conformance 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 7f7 ,provision of mitigation credits ,the ,secretary shall manage the ,red ,cliffs ,desert ,reserve1 ,zone #f1 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 ,northern ,transportation ,corridor identified in section #e7;e74 7g7 ,mitigation credits in renewed take permit ,in the permit extended under subsection 7a71 the ,secretary shall credit ,washington ,county mitigation credit-- 7#a7 for the tortoises protected on non-,federal lands in the ,red ,cliffs ,desert ,reserve1 ,zone #f2 and 7#b7 in yearly installments1 for those tortoises successfully translocated and surviving1 based on survivorship and juvenile recruitment estimates as determined by the ,united ,states ,fish and ,wildlife ,service4 7h7 ,adoption of amendment ,the ,secretary shall adopt the amendment to the ,st4 ,george ,field ,office ,resource ,management ,plan not later than two years after receipt of ,washington ,county's proposal to amend and renew the ,habitat ,conservation ,plan including the ,red ,cliffs ,desert ,reserve1 ,zone #f4 7i7 ,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 ,shivwits ,bands of ,paiute ,indians ,in order to allow the ,secretary to carry out management activities in direct consultation with the ,shivwits ,band of ,paiutes1 this ,act clarifies the ,paiute ,indian ,tribe of ,utah ,restoration ,act 7,public ,law #if-bbg7 to confirm that the ,shivwits ,bands of ,paiute ,indians is a separate and independent federally recognized ,indian ,tribe1 as recognized by the ,paiute ,indian ,tribe of ,utah ,restoration ,act4 ,the ,shivwits ,band of ,paiute ,indians is not required to participate in joint1 inter-tribal governance with the ,cedar ,band1 ,indian ,peaks1 ,kanosh or ,koosharem ,bands of ,paiute ,indians in ,utah1 and is not subject to the ,constitution of the ,paiute ,indian ,tribe of ,utah4 #e4 ,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 the resource management plans for the ,beaver ,dam ,wash ,national ,conservation ,area1 the ,red ,cliffs ,national ,conservation ,area1 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 government in the ,state of ,utah including the ,county1 ,st4 ,george ,city1 and other political subdivisions1 including municipalities of the ,state of ,utah within the geographical boundaries of ,washington ,county with authority over local planning and zoning1 and the ,washington ,county ,water ,conservancy ,district2 and 7#c7 consistent with the provisions of this ,act4 #f4 ,red ,cliffs ,national ,conservation ,area 7a7 ,boundaries and public access 7#a7 ,in general ,the ,red ,cliffs ,national ,conservation ,area shall consist of approximately #de1jjj acres of public and non-,federal land in ,washington ,county1 ,utah1 identified on the ,red ,cliffs ,national ,conservation ,area ,management ,map dated ,february #bc1 #bjah4 7#b7 ,map and legal description 7,a7 ,in general ,as soon as practical 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 parcel described in paragraph 7#a74 7,b7 ,force and effect ,the map and legal description submitted under this paragraph 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 ,public 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 7b7 ,preservation of existing utility corridor ,the ,secretary shall recognize on federally managed lands a #aej-;foot-wide transportation utility corridor in each direction from the centerline of ,,sr #ah through the ,red ,cliffs ,national ,conservation ,area4 7c7 ,utility development protocols for habitat conservation plan ,the ,secretary shall adhere to the ,utility ,development ,protocols dated ,august #a1 #bjjf1 as amended1 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 ,area4 7d7 ,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 allowed by ,state law1 to ensure adequate management of the designated areas for campgrounds1 visitor facilities1 and for other recreational uses4 7e7 ,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 #cjj-;foot-wide right-of-way for the northern transportation and utility route pursuant to section #aigg7;b77#b77;,a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #ajhi7 identified on the ,red ,cliffs ,national ,conservation ,area ,management ,map dated ,february #bc1 #bjah4 #g4 ,beaver ,dam ,wash ,national ,conservation ,area 7a7 ,preservation of ,existing ,utility ,corridor ,the ,secretary shall recognize on federally managed lands a #aej-;foot-wide transportation and utility corridor in each direction from the centerline of old ,,us #ia through the ,beaver ,dam ,wash ,national ,conservation ,area4 7b7 ,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 allowed by ,state law1 to ensure adequate management of the designated areas for campgrounds1 visitor facilities1 and for other recreational uses4 7c7 ,utility development protocols ,the ,secretary shall adopt utility development protocols for the construction1 operation1 maintenance1 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 #a1 #bjjf1 as amended4 ,the ,beaver ,dam ,wash ,utility ,development ,protocols 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 habitat4 7d7 ,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 ,area1 shall be preserved4