H.R. 4419 — Introduced in House

I 113th CONGRESS 2d Session H. R. 4419 IN THE HOUSE OF REPRESENTATIVES April 8, 2014 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Endangered Species Act of 1973 to require periodic review of listings of endangered species and threatened species under that Act, to support protection and conservation measures for endangered or threatened species under that Act and to alleviate the need to list a species as an endangered or threatened species, to convey small parcels of National Forest System land and Department of the Interior land to generate revenues for such protection and conservation measures, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Sage-Grouse and Endangered Species Conservation and Protection Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Title I—Listing of Endangered Species and Threatened Species Sec. 101. Best scientific and commercial data available. Sec. 102. Consideration of petitions to list species. Sec. 103. Limitation on treatment of species as endangered or threatened in States where majority of lands are Federal. Title II—Species Protection and Conservation Measures Sec. 201. Definitions. Sec. 202. Protection and conservation measures to alleviate threats to endangered or threatened species and to prevent additional listings. Sec. 203. Federal/State Endangered Species Councils. Sec. 204. Funding requirements. Sec. 205. Categorical exclusion and other exceptions. Title III—Small Lands Tracts Conveyances To Support Species Protection and Conservation Measures Sec. 301. Purpose. Sec. 302. Definitions. Sec. 303. Selection of parcels for conveyance. Sec. 304. Conveyance process. Sec. 305. Consideration. Sec. 306. Distribution of proceeds. Sec. 307. Payment of costs of conveyance. Sec. 308. Time for conveyance. Sec. 309. Categorical exclusion. Sec. 310. Additional authority. Title IV—Reviews of Status of Listed Species Sec. 401. Periodic 5-year status reviews of listed species. Title V—Private Property and Fifth Amendment Takings Sec. 501. Designation of critical habitat deemed a taking for which compensation is required. Sec. 502. Relation to Payments in Lieu of Taxes (PILT) program. Title VI—Reporting Requirements Sec. 601. Annual report. 2. Findings Congress makes the following findings: (1) The West has experienced record fire activity over the past 15 years, in terms of size, frequency, and intensity. In 1999, nearly 1.7 million acres of the Great Basin burned in just a week. In 2006, ten million acres across the West burned. In 2007, more than nine million acres burned. (2) Much of this fire activity occurred outside of the forested areas in the dry sagebrush plains parched by years of drought and dominated by highly flammable, invasive cheatgrass. Often driven by fierce winds, these rangeland fires raced across the low-growing vegetation, burning hundreds of thousands of square miles before the fires could be contained. (3) Historically, sagebrush survived less intense wildfires that occurred infrequently, and the native grasses re-sprouted. But fire cycles have intensified and native plan communities cannot compete with cheatgrass, which spreads rapidly after a wildfire. (4) The United States Fish and Wildlife Service considers wildland fire one of the most serious threats to sage-grouse habitat, and the Bureau of Land Management states wildfires are a leading cause of sagebrush habitat loss. (5) In 2005, the United States Fish and Wildlife Service identified and charted the threats to the greater sage-grouse and their habitat in the West. According to its review, wildfire has a relative rank of 84 percent of the threat, and invasive species has a relative rank of 91 percent of the threat. (6) In 2012, 1.2 percent of the Greater Sage-Grouse’s preliminary general habitat and 2.7 percent of the species’ preliminary priority habitat was burned. Over 84 percent of sage-grouse habitat in Nevada is located on federally-managed land.” (7) The United States Fish and Wildlife has determined that overgrazing by wild horses and burros is a threat to sage-grouse habitat. (8) The Sage-Grouse National Technical Team report produced December 21, 2011, states that wild horses and burros have the potential to impact habitats used by sage-grouse by reducing grass, shrub, and forb cover and increasing unpalatable forbs and exotic plans including cheatgrass. Effects of wild equids on habitats may be especially pronounced during periods of drought or vegetation stress. Wild equids have different grazing patterns than domestic livestock, thus increasing the magnitude of grazing across the entire landscape. (9) On February 28, 2013, the Bureau of Land Management estimated there were 20,195 wild free-roaming horses and burros in Nevada. Nevada has more wild free-roaming horses than the States of Arizona, California, Colorado, Idaho, Montana, New Mexico, Oregon, Utah, and Wyoming combined. (10) The Bureau of Land Management has determined that the appropriate management level for wild horses and burros in Nevada for fiscal year 2013 was 12,789, but, because wild horses and burros have virtually no predators, their herd sizes can double approximately every four years. I Listing of Endangered Species and Threatened Species 101. Best scientific and commercial data available (a) Definition Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended by inserting after paragraph (1) the following: (1a) The term best scientific and economic data available— (A) means such data as available at the time the data is used; and (B) includes an analysis of the costs and benefits of the matter under consideration. . (b) Public availability Section 13 of the Endangered Species Act of 1973 (relating to amendments to current law that have executed) is amended to read as follows: 13. Availability of best scientific and economic data In each case in which the Secretary is required by this Act to use the best scientific and economic data available, the Secretary shall make such data available to the public. . 102. Consideration of petitions to list species (a) Extension of time periods for consideration Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended— (1) in subparagraph (A), by striking 90 days and inserting 5 years; and (2) in subparagraph (B), by striking 12 months after receiving a petition that is found under subparagraph (A) to present and inserting 5 years after finding under subparagraph (A) that a petition presents. (b) Action after finding on petition Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended— (1) in paragraph (3)— (A) in subparagraph (B)(ii), by inserting (except as provided in paragraph (5)(F)) after promptly; and (B) by adding at the end the following: (E) (i) If the Secretary finds under subparagraph (B)(i) that adding a species to a list published under subsection (c) is not warranted, the Secretary shall not consider any petition to add the species to either of the lists published under subsection (c) before the end of the 10-year period beginning on the date of the date of such finding. (ii) If the Secretary finds under subparagraph (B)(iii) that adding a species to a list published under subsection (c) is warranted, the Secretary shall make publicly available an analysis of the costs and benefits of listing the species. ; and (2) in paragraph (5)— (A) by adding and after the semicolon at the end of subparagraph (D), and by striking the period at the end of subparagraph (E) and inserting ; and; and (B) by adding at the end the following: (F) in the case of a finding under paragraph (3)(B)(ii) that adding a species to a list published under subsection (c) is warranted, the Secretary— (i) shall make such finding, separately, with respect to each State in which the species is believed to occur, taking into consideration— (I) regional variation in habitat and ecosystems; and (II) that State’s conservation plan for the species; (ii) notwithstanding paragraph (3)(B)(ii)— (I) shall promptly publish such finding; and (II) shall promptly publish general notice and the complete text of the analysis of costs and benefits required by this Act for the action and of a proposed regulation to implement such action by not later than 10 years after publication of such finding; (iii) shall provide a period of 12 months for the submission of public comments on the findings of the proposed regulation and the analysis of costs and benefits required by this Act; (iv) shall promptly provide notice of the findings of the proposed regulation, of the identity of the person that submitted the petition, and of the period for the submission of public comments under clause (iii), to— (I) each person that owns land or water on which the species is believed to occur; and (II) the Governor and wildlife department of each State, the legislative body of each county, the chairperson of each Indian tribe with tribal lands, the mayors or city manager of each city, and the holder of each permit for the conduct of activity on Federal land, in or on which the species is believed to occur; and (v) if the proposed regulation is withdrawn, may not consider any petition to add the species to such a list before the end of the 10-year period beginning on the date of such withdrawal. . 103. Limitation on treatment of species as endangered or threatened in States where majority of lands are Federal Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: (3) Notwithstanding any other provision of this Act, the Secretary may not add to a list under this subsection a population of a species in a State in which the majority of lands are managed by the Federal Government, unless the head of each Federal agency with administrative jurisdiction over any of such lands provides to the State— (A) detailed information regarding land management and conservation initiatives of the agency in the State to protect the habitat and the critical habitat of the species, including— (i) the amounts that have been expended, are planned to be expended, and are available for expenditure for each such initiative; (ii) the location and a summary of each such initiative; and (iii) information regarding such initiatives to address the threats to such species, including threats from wildfire, invasive species encroachment, and other predator species; (B) a copy of the agency’s appropriations request and justification of appropriations request for each of the preceding 5 fiscal years, specifically as it relates to efforts to address threats to such species; (C) a proposed plan for conservation of habitat of such species, with a clearly stated goals, that— (i) includes adequate regulatory mechanisms, and identifies sufficient resources, to accomplish habitat conservation; (ii) a robust monitoring strategy to ensure the proposed plan is successfully conserving the species and its habitat; (iii) incorporates a strong adaptive management component to deal with uncertainties and unforeseen circumstances that may require action; (iv) clearly articulates how the Federal conservation planning efforts mesh with the State’s conservation actions and best directs such efforts; and (v) describes in detail on how threats to the species from other species will be reduced; and (D) detailed information regarding— (i) how previous action of the Federal Government is reducing such threats from other species in habitat and critical habitat areas, including threats from predators, feral horses, burros, and ravens; and (ii) the removal of such other species from habitat and critical habitat areas and herd management areas. . II Species Protection and Conservation Measures 201. Definitions In this title: (1) Council The term Council means the Federal/State Endangered Species Council established for a State. (2) National forest system land The term National Forest System lands refers to the federally owned lands within the National Forest System, as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (3) Public land The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (4) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System lands; and (B) the Secretary of the Interior, with respect to public lands. (5) Threat The term threat means those threats to an endangered or threatened species or a species being considered for listing as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) arising from wildfire, inadequate post-fire restoration, displacement of habitat by invasive plant species, other habitat encroachments, over-grazing by wild horses and burros, and predation (including by predators protected by the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.)). 202. Protection and conservation measures to alleviate threats to endangered or threatened species and to prevent additional listings (a) Efforts on public lands and National Forest System lands The Secretary concerned shall conduct management activities, conservation programs, and pilot projects for public lands and National Forest System lands to address threats to— (1) the habitat and viability of endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (2) the habitat and viability of other species to alleviate the need to list a species as an endangered or threatened species under the Endangered Species Act of 1973. (b) Efforts on Other lands The Secretary concerned may also support efforts by another Federal agency, a State, a political subdivision of a State, an Indian tribe, or a private entity to address threats to an endangered or threatened species or to protect and conserve another species to alleviate the need to list a species as an endangered or threatened species. (c) Authorized activities Authorized management activities, conservation programs, and pilot projects conducted under this section may involve any of the following: (1) Fire suppression, pre-treatment, fuels management, and fuel breaks. (2) Invasive species control and response to encroachment of endangered or threatened species or species considered for listing by other native species, including experimental biochemical controls for invasive species. (3) Habitat restoration. (4) Wild horses and burros fertility control, adoption, and other non-slaughter management. (5) Predator control. (6) Rapid eco-regional assessment. (7) Controlled burns. (8) Re-seeding and native seed purchasing and storage. (9) Green stripping. (10) Targeted grazing to reduce fuels and invasive species, including targeted grazing of invasive species and fuels in additional months and increasing the issuance of grazing permits for targeted grazing. 203. Federal/State Endangered Species Councils (a) Councils required The Secretary of Agriculture and the Secretary of the Interior shall carry out this title in a State in consultation with a Federal/State Endangered Species Council consisting of representatives of the Secretaries concerned and the Governor of the State and representatives of affected political subdivisions of the State. (b) Council role The Council for a State shall assist the Secretary concerned to prioritize habitat conservation efforts, determine habitat land designations, and select management activities, conservation programs, and pilot projects under this title. 204. Funding requirements (a) Priority for on-the-Ground efforts Of the funds made available to carry out this title for a fiscal year, including funds made available to Councils under section 306, at least 75 percent shall be used for management activities, conservation programs, and pilot projects under this title. (b) Administrative costs Not more than 25 percent of the funds made available to carry out this title for a fiscal year may be used for planning and administrative purposes. (c) Acceptance of in-Kind contributions The Secretary concerned may accept contributions in money, services, materials, or otherwise, to support efforts under this title. 205. Categorical exclusion and other exceptions A management activity, conservation program, or pilot project to be conducted on a parcel of public lands or National Forest System lands consisting of 10,000 acres or less and directly related to threats to an endangered or threatened species or to another species considered for listing as an endangered or threatened species shall be— (1) categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations; and (2) exempt from the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and any other requirement relating to the survey, identification, or disruption of archeological or cultural resources on public lands or National Forest System lands. III Small Lands Tracts Conveyances To Support Species Protection and Conservation Measures 301. Purpose It is the purpose of this title to require the sale of small parcels of National Forest System land and small parcels of public lands and other lands administered by the Secretary of the Interior to generate revenues to fund the species protection and conservation measures authorized by title II. 302. Definitions In this title: (1) Adjacent landholder The term adjacent landholder means any holder of non-Federal land (including a holder that is a State, county, or local government or any agency thereof, or an Indian tribe) that shares one or more boundaries with an eligible Federal lands parcel and who makes a request to purchase an eligible Federal lands parcel. (2) Eligible Federal lands parcel Subject to the exclusions specified in section 303(c), the term eligible Federal lands parcel means a parcel of Federal lands that— (A) shares one or more boundaries with non-Federal land; (B) is located within the boundaries of an incorporated or unincorporated area with a population of at least 500 residents; and (C) is not subject to existing rights held by a non-Federal entity. (3) Exceptional resource The term exceptional resource means a resource of scientific, historic, cultural, or recreational value on a parcel of Federal lands that would otherwise satisfy the definition of eligible Federal lands parcel, but that the Secretary concerned determines, on the record and after an opportunity for a hearing— (A) is documented by a Federal, State, or local governmental authority; and (B) requires extraordinary conservation and protection to maintain the resource for the benefit of the public. (4) Federal lands The term Federal lands means— (A) National Forest System land; and (B) public lands and other lands administered by the Secretary of the Interior through the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service. (5) Indian tribe The term Indian tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (6) National forest system land The term National Forest System land means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), including the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012). (7) Public lands The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (8) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to public lands and other lands administered by the Secretary of the Interior through the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service. 303. Selection of parcels for conveyance (a) Selection methods (1) Two selection methods The Secretary concerned shall select an eligible Federal lands parcel for conveyance under this section— (A) in response to a request submitted by an adjacent landholder or other prospective purchaser; or (B) upon the recommendation of the official of the Federal agency exercising immediate administration over the parcel. (2) Public requests (A) Process required The Secretary concerned shall create a process by which an adjacent landholder or other prospective purchaser may request the selection of a Federal lands parcel for conveyance under this title. (B) Guidelines To the maximum extent practicable, the process shall be consistent with other public purchase request processes used by the Secretary concerned to convey Federal land under their respective statutory and regulatory authority. (3) Public accessibility The selection process shall be open to the public and available on the internet. (4) Review of selection request When a prospective buyer or an official referred to in paragraph (1)(B) submits a request or recommendation for the selection of a Federal lands parcel for conveyance under this title, the Secretary concerned shall review the parcel and determine, within 30 days after receipt of the request, whether the parcel in fact satisfies the definition of eligible Federal lands parcel for conveyance under this title. (5) Effect of rejection of selection request If the Secretary concerned determines that all or a portion of a Federal lands parcel covered by a request or recommendation under paragraph (1) fails to satisfy the definition of eligible Federal lands parcel, the Secretary concerned shall provide— (A) a written explanation of the reasons for the rejection, which specifies— (i) which of the elements of the definition of eligible Federal lands parcel the parcel fails to satisfy and how and why the parcel fails to satisfy that element; (ii) how the continued administration of the parcel by the Secretary concerned would impact the parcel and surrounding economy; and (iii) why the Federal Government needs to maintain ownership of the parcel and would be the best land ownership steward of the parcel; and (B) an opportunity to appeal the determination. (6) Deadline The selection process shall be available to the public within 90 days of the date of the enactment of this Act. (b) Parcel and acreage limitations (1) Acreage An eligible Federal lands parcel conveyed under this section may not exceed 160 acres unless a request for additional acreage is specifically approved by the Secretary concerned. (2) Number of parcels A purchaser may only acquire one eligible Federal lands parcel under this section per year, except that, if the parcel is less than 160 acres in size, the purchaser may acquire additional eligible Federal lands parcels during that year so long as the total acreage acquired does not exceed 160 acres, unless a request for additional acreage was approved by the Secretary concerned under paragraph (1). (c) Exclusion of certain Federal lands The following Federal lands may not be conveyed under the authority of this title: (1) Federal lands containing an exceptional resource. (2) Federal lands that are habitat for an endangered species or a threatened species determined under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). (3) A national monument. (4) An area of critical environmental concern. (5) A national conservation area. (6) A national riparian conservation area. (7) A national recreation area. (8) A national scenic area. (9) A research natural area. (10) A national outstanding natural area. (11) A national natural landmark. (12) A wilderness area. (13) A wilderness study area. (14) A unit of the national wild and scenic rivers system. (15) A unit of the national system of trails. (16) Land held in trust by the United States for the benefit of any Indian tribe. 304. Conveyance process (a) Public notice The Secretary concerned shall provide public notice of the availability of an eligible Federal lands parcel. The notice shall state that the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (b) Effect of multiple offers If multiple prospective buyers request to purchase an eligible public lands parcel, the sale of the eligible public lands parcel under this title shall be conducted using competitive bidding procedures established under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)). (c) Rejection of offers The Secretary concerned may reject any offer made under this section that does not offer the minimum consideration required by section 305. A prospective purchaser shall be given an opportunity to appeal the rejection. (d) Compliance with local planning and zoning As a condition of the conveyance of an eligible public lands parcel under this title, the Secretary concerned shall require the purchaser of the parcel to agree to comply with all local land use ordinances and any master zoning plan applicable to the parcel or the adjacent non-Federal land. (e) Form of conveyance When an eligible Federal lands parcel is to be sold under this title, the Secretary concerned shall convey, by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to the parcel. 305. Consideration (a) Fair market value As consideration for the sale of an eligible Federal lands parcel under this title, the Secretary concerned shall require a cash payment in an amount that is equal to not less than the fair market value of the parcel, including the mineral estate. (b) Appraisal The fair market value of an eligible Federal lands parcel shall be established by an appraisal submitted by the prospective purchaser, unless the Secretary concerned rejects such appraisal within 45 days after submission. In the case of the rejection of the appraisal, the Secretary concerned shall cause another appraisal to be conducted, within 30 days, in accordance with the regulations regarding appraisals issued under section 206(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(f)). 306. Distribution of proceeds (a) Establishment of fund The Secretary of the Treasury shall establish in the Treasury of the United States a special fund to provide for the collection and distribution of consideration received under section 305. (b) Collection Funds collected from the conveyance of an eligible Federal lands parcel under this section shall be deposited into the Treasury fund created under subsection (a). (c) Distribution Funds deposited into the Treasury fund created under subsection (a) shall be distributed annually only to those States in which the Federal government owns more than 33 percent of the land area. The amount each of such States receives shall be determined in accordance with the distribution formula provided in subsection (d). (d) Calculation of distribution From amounts deposited into the Treasury fund created under subsection (a)— (1) 75 percent of the amount collected from a conveyance shall be distributed to the Federal/State Endangered Species Council of the State in which the conveyance took place; and (2) the remaining 25 percent shall be distributed equally between the remaining States identified under subsection (c). (e) Use of funds As a condition of receipt of funds under this section, a State receiving such funds shall agree to use the funds only for authorized management efforts, conservation programs, and pilot projects under title II, including the following: (1) Fire suppression. (2) Pre-treatment and fuels management. (3) Invasive species control. (4) Habitat restoration. (5) Wild horses and burros fertility control, adoption, and other non-slaughter management. (6) Predator control. (f) Compliance requirements An authorized management effort, conservation program, or pilot project carried out using funds received under this section must comply with any Federal requirement applicable under— (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (3) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 307. Payment of costs of conveyance (a) Payment of costs required The Secretary concerned shall require the purchaser of an eligible Federal lands parcel under this title to cover the costs to be incurred, or to reimburse the Secretary concerned for costs incurred, to carry out the conveyance, including survey and appraisal costs, costs for environmental documentation, and any other administrative costs related to the conveyance. (b) Refund of excess If amounts are collected from the purchaser in advance, and the amount collected exceeds the costs actually incurred to carry out the conveyance, the Secretary concerned shall refund the excess amount to the purchaser. (c) Treatment of amounts received Amounts received as reimbursement under this section shall be credited to the fund or account that was used to cover those costs in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. 308. Time for conveyance It is the intent of the Congress that the conveyance of an eligible Federal lands parcel under this section, from selection of the parcel for conveyance through completion of the sale, should take no more than 18 months. 309. Categorical exclusion Because the scope of a conveyance authorized by this title is limited and exceptional resources and certain other Federal lands are excluded from conveyance by section 303(c), a conveyance of an eligible Federal lands parcel under this title is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 310. Additional authority The conveyance authority provided by this title is in addition to the sale authority provided by section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) or any other provision of law. IV Reviews of Status of Listed Species 401. Periodic 5-year status reviews of listed species (a) Review requirement Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended— (1) in subsection (c)— (A) by striking (1); and (B) by striking paragraph (2); (2) by adding at the end the following: (d) Periodic 5-Year status reviews of listed species (1) Review requirement The Secretary shall— (A) at least once before the end of the 5-year period beginning on the date a species is added to a list published under subsection (c), and of each 5-year period thereafter, conduct a review to determine whether the status of the species has changed and should be removed from a list under subsection (c); and (B) publish in the Federal Register notice of each such review. (2) Data to be used In each review of a species under this subsection, the Secretary shall use the best scientific and economic data available. (3) Notice of determination that listing is warranted (A) Requirement to provide notice If the Secretary determines under paragraph (1)(B)(ii) that a species is warranted to be listed, the Secretary shall promptly provide to each person described in subparagraph (B), in writing and by not later than the end of the 60-day period beginning on the date of the determination— (i) the findings of the review, including the method used for determining current population levels of the species and the number of acres of habitat and critical habitat of the species; (ii) a list of all identified threats to the species and a description of the regulatory mechanisms and on-the-ground projects the Federal government is carrying out to address such identified threats in the State in which the person is located; and (iii) a draft plan establishing clear goals for conservation of habitat of the species. (B) Persons to be notified The persons referred to in subparagraph (A) are the following: (i) The Governor of each State in which habitat of the species is located. (ii) Each member of the legislative body of each country in which habitat of the species is located. (iii) The tribal chairperson of each Indian tribe having lands or waters that are habitat of the species. (iv) The chief executive of each city and town having lands or waters that are habitat of the species. (v) Each owner of lands or waters that are habitat of the species. (vi) Each holder of a permit authorizing use of Federal lands or waters that are habitat of the species. (C) Hearing requirement If the Secretary fails to provide notice in accordance with subparagraph (B) to a person in a State, the Secretary, in coordination with the Governor of the State, shall hold a hearing in such State to inform the public of such determination, by not later than 6 months after the end of such period. . V Private Property and Fifth Amendment Takings 501. Designation of critical habitat deemed a taking for which compensation is required (a) Designation deemed taking Any designation of critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1351 et seq.) that involves/imposes? restrictions on uses of land is deemed to be a regulatory taking of property for which fair-value compensation is required to be paid under the fifth Article of amendment to the Constitution to— (1) the owner of any private property affected by the designation; (2) any States having State lands affected by the designation; (3) to holder of any permit for any activity on Federal lands that is affected by the designation; and (4) the county in which are located any Federal lands that are affected by such designation. (b) Manner of payment Any compensation required under this section for a designation of critical habitat shall be paid in annual amounts until the designation is no longer effective. 502. Relation to Payments in Lieu of Taxes (PILT) program The operation of section 501 does not affect the current formula or payments under chapter 69 of title 31, United States Code (commonly known as the Payments in Lieu of Taxes (PILT) program). VI Reporting Requirements 601. Annual report The Secretary of Agriculture and the Secretary of the Interior shall submit to Congress an annual report describing— (1) the species protection and conservation measures being conducted in each State under title II; (2) the acres of habitat fragmentation on Federal lands for threatened species or endangered species or species proposed for listing under the Endangered Species Act of 1973 as threatened species or endangered species due to wildfire, invasive species, and wild horses and burros; (3) the list of species in each State for which such listing is warranted, and their analysis of costs and benefits of such listing; (4) the costs of such measures, and the percentage of the costs covered by funds distributed under section 306; and (5) the acreage sold and the revenues generated from the sale of lands in each State under title III.