Clark County MSHCP/EIS 2. Multiple Species Habitat Conservation Plan Chapter 2 Multiple Species Habitat Conservation Plan 2.1 Executive Summary of the Multiple Species Habitat Conservation Plan 2.1.1 Introduction Clark County; the Cities of Las Vegas, North Las Vegas, Boulder City, Mesquite, and Henderson; and the Nevada Department of Transportation (Applicants) have prepared a Multiple Species Habitat Conservation Plan (MSHCP) and Environmental Impact Statement (EIS) for Clark County, Nevada. The MSHCP/EIS was prepared in cooperation with the Clark County Implementation and Monitoring Committee (I & M Committee), the United States Fish and Wildlife Service (USFWS), the Nevada Division of Wildlife (NDOW), the United States Bureau of Land Management (BLM), the United States National Park Service (NPS), the United States Forest Service (USFS), the U.S. Geological Survey Biological Resources Division (BRD), the United States Environmental Protection Agency (EPA), the University of Nevada, Las Vegas (UNLV), the University of Nevada, Reno (UNR), the Biological Resources Research Center at UNR (BRRC), the Nevada Natural Heritage Program (NNHP), the Nevada Division of Forestry (NDF), the Southern Nevada Water Authority (SNWA), and Utah State University (USU) (collectively, the Participants). The MSHCP is intended under Section 10(a) of the Endangered Species Act to support the issuance, by the USFWS, of a permit or permits (Section 10(a) Permit) which would: • Allow the “take” of threatened or endangered species resulting from otherwise lawful activities on non-Federal properties within the county; and • Allow the “take” of threatened or endangered species that are currently unlisted but may become listed in the future. Final 2-1 9/00 2. Multiple Species Habitat Conservation Plan Clark County MSHCP/EIS The MSHCP is an extension of the effort begun with the Clark County Desert Conservation Plan (DCP), which was prepared in response to the Federal listing of the desert tortoise as a threatened species. Whereas the DCP focused primarily on the conservation of the desert tortoise, the intent and purpose of the MSHCP is to establish a means to address the conservation needs of the entire range of biological resources within Clark County. The provisions of the DCP have been integrated into the MSHCP, and if approved by the USFWS, the MSHCP will supersede the provisions of the DCP. The key purpose of the MSHCP is to achieve a balance between: • Long-term conservation and recovery of the diversity of natural habitats and native species of plants and animals that make up an important part of the natural heritage of Clark County; and • The orderly and beneficial use of land in order to promote the economy, health, well- being, and custom and culture of the growing population of Clark County. Implementation of the conservation measures in the MSHCP is anticipated to be a cooperative effort among the Applicants and many of the Participants, including but not limited to the USFWS, BLM, USFS, NPS, NDOW, NDF, and other Federal and state land managers and regulators. This document is being prepared as Phase 1 of a Multiple Species Habitat Conservation Plan in support of an application for a Section 10(a) Permit pursuant to the provisions of Section 10(a) of the Endangered Species Act (ESA). It is anticipated that additional phases of the MSHCP will follow after additional data collection and conservation information has been accumulated sufficient to move species from the category of Evaluation Species to the category of Covered Species as those terms are defined hereinafter. It will also serve as an Environmental Impact Statement as part of the public process followed by the U.S. Fish and Wildlife Service in making their determination regarding whether to issue permit(s) as required by the National Environmental Policy Act. 2.1.2 Regulatory Framework In preparing this MSHCP, legal requirements that directly or indirectly apply have been taken into account. These include the Endangered Species Act (particularly Section 10), the National Environmental Policy Act (NEPA), Federal Land Policy and Management Act (FLPMA), National Forest Management Act, Nevada Revised Statutes, and local plans and ordinances. Final 2-2 9/00 Clark County MSHCP/EIS 2. Multiple Species Habitat Conservation Plan On August 5, 1995, the DCP was approved and the Section 10(a) Permit was issued (PRT 801045). The DCP and its implementing agreements are incorporated into this document by reference and the documents are intended to be complementary to each other. However, in the event of a direct conflict between the terms of the DCP and the MSHCP, the terms of the MSHCP shall prevail. 2.1.3 MSHCP Plan Area The MSHCP plan area includes all of Clark County. In addition, specifically for the desert tortoise, the MSHCP plan area also includes Nevada Department of Transportation (NDOT) rights-of-way (including material sites) below 5,000 feet in elevation, south of the 38th parallel in Nye, Lincoln, Mineral, and Esmeralda Counties. Land uses in Clark County have been dictated largely by patterns of land ownership and management and four decades of rapid population growth. Key issues to be addressed in this conservation plan include existing uses and activities on lands managed by public agencies as well as proposed land uses within Clark County. About 89.0 percent of the land in Clark County is owned by the U.S. and managed by seven Federal agencies, five of which are agencies within the Department of the Interior. The seven agencies are BLM, NPS, USFWS, U.S. Air Force (USAF), USFS, Bureau of Indian Affairs, and Federal Aviation Administration. Lands held by the State of Nevada, local government, and private parties comprise 10.9 percent of the county’s area, or about 553,600 acres. Major state holdings include Valley of Fire, Floyd Lamb, and Spring Mountain Ranch State Parks. Local government holdings consist primarily of parks, office complexes, and storage and maintenance facilities. Sixty percent of all state, local government, and private holdings are located in Las Vegas Valley. Existing and proposed land uses of primary concern with respect to the species addressed by this MSHCP and their habitats include agriculture, flood control, livestock grazing, mineral extraction, off-highway vehicle activities, parks and recreation, residential and commercial development, solid waste facilities, transportation, utilities, and water and sewage facilities. These activities will be covered by the terms and conditions of the MSHCP on non-Federal lands within Clark County. While changes in these land uses will be the result of the growth of the population in the Las Vegas Valley and rural communities, with the exception of residential, industrial, and commercial land development, these activities will occur on both non-Federal and Federal lands. The MSHCP will provide coverage under Section 10(a) for Covered Species on non- Federal lands. Although the MSHCP will not provide for incidental take on Federal lands Final 2-3 9/00 2. Multiple Species Habitat Conservation Plan Clark County MSHCP/EIS or resulting from Federal actions on non-Federal lands, it does provide the framework for avoidance and minimization of impacts to Covered Species on Federal lands or resulting from Federal actions on non-Federal lands. 2.1.4 Scope of the MSHCP Clark County and the Cities of Las Vegas, North Las Vegas, Henderson, Mesquite, and Boulder City are seeking a Section 10(a) Permit for the incidental take of Covered Species, as hereinafter defined, in connection with the development of non-Federal lands within Clark County for a 30-year period. In addition, NDOT has joined as an Applicant for the permit to allow the incidental take of desert tortoises within desert tortoise habitat, south of the 38th parallel and below 5,000 feet in elevation, and the incidental take of other Covered Species within Clark County in connection with: • The construction and maintenance of roads, highways, and material sites outside of Intensively Managed Areas (IMAs) and Less Intensively Managed Areas (LIMAs) within Clark County and desert tortoise critical habitat outside of Clark County; and • The maintenance of roads, highways, and material sites within IMAs and LIMAs within Clark County and desert tortoise critical habitat outside of Clark County. Because some Federal lands within Clark County will be transferred to non-Federal owners during the permit period, a projected level of such transfers from Federal to non- Federal ownership has been included in the potential estimated loss of habitat in the permit area as well. The permit is intended to apply to such lands as they are transferred out of Federal ownership, with the exception of such lands that are within established IMAs and LIMAs. Thus, the permit will apply to all non-Federal lands that currently exist and all non-Federal lands which result from sales or transfers from the Federal government after the issuance of the Section 10(a) Permit if they are located outside of established IMAs and LIMAs as hereinafter defined. In no event, however, shall the total amount of take exceed 145,000 acres. The total number of acres of Federal and non-Federal lands within the permit area that potentially are available for future development is approximately 418,200. This total excludes existing development, the Boulder City Conservation Easement area, and state lands managed for wildlife values. The total also includes the 175,000 acres projected to be disposed of by BLM during the term of the MSHCP. In no event, however, shall the total amount of “take” exceed 145,000 acres. Some of NDOT’s routine maintenance activities may impact species addressed in this MSHCP. These routine maintenance activities will not disturb areas outside of NDOT’s Final 2-4 9/00 Clark County MSHCP/EIS 2. Multiple Species Habitat Conservation Plan rights-of-way.