,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ddai ,,in ,,the ,,house ,,of ,,representatives ,april #h1 #bjad ,mr4 ,amodei introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,agriculture and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 #aigc to require periodic review of listings of endangered species and threatened species under that ,act1 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 species1 to convey small parcels of ,national ,forest ,system land and ,department of the ,interior land to generate revenues for such protection and conservation measures1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,sage-,grouse and ,endangered ,species ,conservation and ,protection ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,title ,i--,listing of ,endangered ,species and ,threatened ,species ,sec4 #aja4 ,best scientific and commercial data available4 ,sec4 #ajb4 ,consideration of petitions to list species4 ,sec4 #ajc4 ,limitation on treatment of species as endangered or threatened in ,states where majority of lands are ,federal4 ,title ,,ii--,species ,protection and ,conservation ,measures ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,protection and conservation measures to alleviate threats to endangered or threatened species and to prevent additional listings4 ,sec4 #bjc4 ,federal_/,state ,endangered ,species ,councils4 ,sec4 #bjd4 ,funding requirements4 ,sec4 #bje4 ,categorical exclusion and other exceptions4 ,title ,,iii--,small ,lands ,tracts ,conveyances ,to ,support ,species ,protection and ,conservation ,measures ,sec4 #cja4 ,purpose4 ,sec4 #cjb4 ,definitions4 ,sec4 #cjc4 ,selection of parcels for conveyance4 ,sec4 #cjd4 ,conveyance process4 ,sec4 #cje4 ,consideration4 ,sec4 #cjf4 ,distribution of proceeds4 ,sec4 #cjg4 ,payment of costs of conveyance4 ,sec4 #cjh4 ,time for conveyance4 ,sec4 #cji4 ,categorical exclusion4 ,sec4 #caj4 ,additional authority4 ,title ,,iv--,reviews of ,status of ,listed ,species ,sec4 #dja4 ,periodic #e-year status reviews of listed species4 ,title ,v--,private ,property and ,fifth ,amendment ,takings ,sec4 #eja4 ,designation of critical habitat deemed a taking for which compensation is required4 ,sec4 #ejb4 ,relation to ,payments in ,lieu of ,taxes 7,,pilt7 program4 ,title ,,vi--,reporting ,requirements ,sec4 #fja4 ,annual report4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,west has experienced record fire activity over the past #ae years1 in terms of size1 frequency1 and intensity4 ,in #aiii1 nearly #a4g million acres of the ,great ,basin burned in just a week4 ,in #bjjf1 ten million acres across the ,west burned4 ,in #bjjg1 more than nine million acres burned4 7#b7 ,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 flammable1 invasive cheatgrass4 ,often driven by fierce winds1 these rangeland fires raced across the low-growing vegetation1 burning hundreds of thousands of square miles before the fires could be contained4 7#c7 ,historically1 sagebrush survived less intense wildfires that occurred infrequently1 and the native grasses re-sprouted4 ,but fire cycles have intensified and native plan communities cannot compete with cheatgrass1 which spreads rapidly after a wildfire4 7#d7 ,the ,united ,states ,fish and ,wildlife ,service considers wildland fire one of the most serious threats to sage-grouse habitat1 and the ,bureau of ,land ,management states wildfires are a leading cause of sagebrush habitat loss4 7#e7 ,in #bjje1 the ,united ,states ,fish and ,wildlife ,service identified and charted the threats to the greater sage-grouse and their habitat in the ,west4 ,according to its review1 wildfire has a relative rank of #hd percent of the threat1 and invasive species has a relative rank of #ia percent of the threat4 7#f7 ,in #bjab1 #a4b percent of the ,greater ,sage-,grouse's preliminary general habitat and #b4g percent of the species' preliminary priority habitat was burned4 ,over #hd percent of sage-grouse habitat in ,nevada is located on federally-managed land40 7#g7 ,the ,united ,states ,fish and ,wildlife has determined that overgrazing by wild horses and burros is a threat to sage-grouse habitat4 7#h7 ,the ,sage-,grouse ,national ,technical ,team report produced ,december #ba1 #bjaa1 states that wild horses and burros have the potential to impact habitats used by sage-grouse by reducing grass1 shrub1 and forb cover and increasing unpalatable forbs and exotic plans including cheatgrass4 ,effects of wild equids on habitats may be especially pronounced during periods of drought or vegetation stress4 ,wild equids have different grazing patterns than domestic livestock1 thus increasing the magnitude of grazing across the entire landscape4 7#i7 ,on ,february #bh1 #bjac1 the ,bureau of ,land ,management estimated there were #bj1aie wild free-roaming horses and burros in ,nevada4 ,nevada has more wild free-roaming horses than the ,states of ,arizona1 ,california1 ,colorado1 ,idaho1 ,montana1 ,new ,mexico1 ,oregon1 ,utah1 and ,wyoming combined4 7#aj7 ,the ,bureau of ,land ,management has determined that the appropriate management level for wild horses and burros in ,nevada for fiscal year #bjac was #ab1ghi1 but1 because wild horses and burros have virtually no predators1 their herd sizes can double approximately every four years4 ,i ,listing of ,endangered ,species and ,threatened ,species #aja4 ,best scientific and commercial data available 7a7 ,definition ,section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7 is amended by inserting after paragraph 7#a7 the following3 7#a;a7 ,the term best scientific and economic data available-- 7,a7 means such data as available at the time the data is used2 and 7,b7 includes an analysis of the costs and benefits of the matter under consideration4 4 7b7 ,public availability ,section #ac of the ,endangered ,species ,act of #aigc 7relating to amendments to current law that have executed7 is amended to read as follows3 #ac4 ,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 available1 the ,secretary shall make such data available to the public4 4 #ajb4 ,consideration of petitions to list species 7a7 ,extension of time periods for consideration ,section #d7;b77#c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77#c77 is amended-- 7#a7 in subparagraph 7,a71 by striking #ij days and inserting #e years2 and 7#b7 in subparagraph 7,b71 by striking #ab months after receiving a petition that is found under subparagraph 7,a7 to present and inserting #e years after finding under subparagraph 7,a7 that a petition presents4 7b7 ,action after finding on petition ,section #d7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,b77ii71 by inserting 7except as provided in paragraph 7#e77;,f77 after promptly2 and 7,b7 by adding at the end the following3 7,e7 7i7 ,if the ,secretary finds under subparagraph 7,b77i7 that adding a species to a list published under subsection 7c7 is not warranted1 the ,secretary shall not consider any petition to add the species to either of the lists published under subsection 7c7 before the end of the #aj-year period beginning on the date of the date of such finding4 7ii7 ,if the ,secretary finds under subparagraph 7,b77iii7 that adding a species to a list published under subsection 7c7 is warranted1 the ,secretary shall make publicly available an analysis of the costs and benefits of listing the species4 2 and 7#b7 in paragraph 7#e7-- 7,a7 by adding and after the semicolon at the end of subparagraph 7,d71 and by striking the period at the end of subparagraph 7,e7 and inserting 2 and2 and 7,b7 by adding at the end the following3 7,f7 in the case of a finding under paragraph 7#c77;,b77ii7 that adding a species to a list published under subsection 7c7 is warranted1 the ,secretary-- 7i7 shall make such finding1 separately1 with respect to each ,state in which the species is believed to occur1 taking into consideration-- 7,i7 regional variation in habitat and ecosystems2 and 7,,ii7 that ,state's conservation plan for the species2 7ii7 notwithstanding paragraph 7#c77;,b77ii7-- 7,i7 shall promptly publish such finding2 and 7,,ii7 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 #aj years after publication of such finding2 7iii7 shall provide a period of #ab months for the submission of public comments on the findings of the proposed regulation and the analysis of costs and benefits required by this ,act2 7iv7 shall promptly provide notice of the findings of the proposed regulation1 of the identity of the person that submitted the petition1 and of the period for the submission of public comments under clause 7iii71 to-- 7,i7 each person that owns land or water on which the species is believed to occur2 and 7,,ii7 the ,governor and wildlife department of each ,state1 the legislative body of each county1 the chairperson of each ,indian tribe with tribal lands1 the mayors or city manager of each city1 and the holder of each permit for the conduct of activity on ,federal land1 in or on which the species is believed to occur2 and 7v7 if the proposed regulation is withdrawn1 may not consider any petition to add the species to such a list before the end of the #aj-year period beginning on the date of such withdrawal4 4 #ajc4 ,limitation on treatment of species as endangered or threatened in ,states where majority of lands are ,federal ,section #d7;c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77 is amended by adding at the end the following3 7#c7 ,notwithstanding any other provision of this ,act1 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 ,government1 unless the head of each ,federal agency with administrative jurisdiction over any of such lands provides to the ,state-- 7,a7 detailed information regarding land management and conservation initiatives of the agency in the ,state to protect the habitat and the critical habitat of the species1 including-- 7i7 the amounts that have been expended1 are planned to be expended1 and are available for expenditure for each such initiative2 7ii7 the location and a summary of each such initiative2 and 7iii7 information regarding such initiatives to address the threats to such species1 including threats from wildfire1 invasive species encroachment1 and other predator species2 7,b7 a copy of the agency's appropriations request and justification of appropriations request for each of the preceding #e fiscal years1 specifically as it relates to efforts to address threats to such species2 7,c7 a proposed plan for conservation of habitat of such species1 with a clearly stated goals1 that-- 7i7 includes adequate regulatory mechanisms1 and identifies sufficient resources1 to accomplish habitat conservation2 7ii7 a robust monitoring strategy to ensure the proposed plan is successfully conserving the species and its habitat2 7iii7 incorporates a strong adaptive management component to deal with uncertainties and unforeseen circumstances that may require action2 7iv7 clearly articulates how the ,federal conservation planning efforts mesh with the ,state's conservation actions and best directs such efforts2 and 7v7 describes in detail on how threats to the species from other species will be reduced2 and 7,d7 detailed information regarding-- 7i7 how previous action of the ,federal ,government is reducing such threats from other species in habitat and critical habitat areas1 including threats from predators1 feral horses1 burros1 and ravens2 and 7ii7 the removal of such other species from habitat and critical habitat areas and herd management areas4 4 ,,ii ,species ,protection and ,conservation ,measures #bja4 ,definitions ,in this title3 7#a7 ,council ,the term ,council means the ,federal_/,state ,endangered ,species ,council established for a ,state4 7#b7 ,national forest system land ,the term ,national ,forest ,system lands refers to the federally owned lands within the ,national ,forest ,system1 as described in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7#c7 ,public land ,the term public lands has the meaning given that term in section #ajc7;e7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb7;e774 7#d7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system lands2 and 7,b7 the ,secretary of the ,interior1 with respect to public lands4 7#e7 ,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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 arising from wildfire1 inadequate post-fire restoration1 displacement of habitat by invasive plant species1 other habitat encroachments1 over-grazing by wild horses and burros1 and predation 7including by predators protected by the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq4774 #bjb4 ,protection and conservation measures to alleviate threats to endangered or threatened species and to prevent additional listings 7a7 ,efforts on public lands and ,national ,forest ,system lands ,the ,secretary concerned shall conduct management activities1 conservation programs1 and pilot projects for public lands and ,national ,forest ,system lands to address threats to-- 7#a7 the habitat and viability of endangered or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7#b7 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 #aigc4 7b7 ,efforts on ,other lands ,the ,secretary concerned may also support efforts by another ,federal agency1 a ,state1 a political subdivision of a ,state1 an ,indian tribe1 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 species4 7c7 ,authorized activities ,authorized management activities1 conservation programs1 and pilot projects conducted under this section may involve any of the following3 7#a7 ,fire suppression1 pre-treatment1 fuels management1 and fuel breaks4 7#b7 ,invasive species control and response to encroachment of endangered or threatened species or species considered for listing by other native species1 including experimental biochemical controls for invasive species4 7#c7 ,habitat restoration4 7#d7 ,wild horses and burros fertility control1 adoption1 and other non-slaughter management4 7#e7 ,predator control4 7#f7 ,rapid eco-regional assessment4 7#g7 ,controlled burns4 7#h7 ,re-seeding and native seed purchasing and storage4 7#i7 ,green stripping4 7#aj7 ,targeted grazing to reduce fuels and invasive species1 including targeted grazing of invasive species and fuels in additional months and increasing the issuance of grazing permits for targeted grazing4 #bjc4 ,federal_/,state ,endangered ,species ,councils 7a7 ,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 ,state4 7b7 ,council role ,the ,council for a ,state shall assist the ,secretary concerned to prioritize habitat conservation efforts1 determine habitat land designations1 and select management activities1 conservation programs1 and pilot projects under this title4 #bjd4 ,funding requirements 7a7 ,priority for on-the-,ground efforts ,of the funds made available to carry out this title for a fiscal year1 including funds made available to ,councils under section #cjf1 at least #ge percent shall be used for management activities1 conservation programs1 and pilot projects under this title4 7b7 ,administrative costs ,not more than #be percent of the funds made available to carry out this title for a fiscal year may be used for planning and administrative purposes4 7c7 ,acceptance of in-,kind contributions ,the ,secretary concerned may accept contributions in money1 services1 materials1 or otherwise1 to support efforts under this title4 #bje4 ,categorical exclusion and other exceptions ,a management activity1 conservation program1 or pilot project to be conducted on a parcel of public lands or ,national ,forest ,system lands consisting of #aj1jjj 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-- 7#a7 categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section #aejh4d of title #dj1 ,code of ,federal ,regulations2 and 7#b7 exempt from the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;aa et seq47 and any other requirement relating to the survey1 identification1 or disruption of archeological or cultural resources on public lands or ,national ,forest ,system lands4 ,,iii ,small ,lands ,tracts ,conveyances ,to ,support ,species ,protection and ,conservation ,measures #cja4 ,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 ,,ii4 #cjb4 ,definitions ,in this title3 7#a7 ,adjacent landholder ,the term adjacent landholder means any holder of non-,federal land 7including a holder that is a ,state1 county1 or local government or any agency thereof1 or an ,indian tribe7 that shares one or more boundaries with an eligible ,federal lands parcel and who makes a request to purchase an eligible ,federal lands parcel4 7#b7 ,eligible ,federal lands parcel ,subject to the exclusions specified in section #cjc7;c71 the term eligible ,federal lands parcel means a parcel of ,federal lands that-- 7,a7 shares one or more boundaries with non-,federal land2 7,b7 is located within the boundaries of an incorporated or unincorporated area with a population of at least #ejj residents2 and 7,c7 is not subject to existing rights held by a non-,federal entity4 7#c7 ,exceptional resource ,the term exceptional resource means a resource of scientific1 historic1 cultural1 or recreational value on a parcel of ,federal lands that would otherwise satisfy the definition of eligible ,federal lands parcel1 but that the ,secretary concerned determines1 on the record and after an opportunity for a hearing-- 7,a7 is documented by a ,federal1 ,state1 or local governmental authority2 and 7,b7 requires extraordinary conservation and protection to maintain the resource for the benefit of the public4 7#d7 ,federal lands ,the term ,federal lands means-- 7,a7 ,national ,forest ,system land2 and 7,b7 public lands and other lands administered by the ,secretary of the ,interior through the ,bureau of ,land ,management1 the ,bureau of ,reclamation1 or the ,united ,states ,fish and ,wildlife ,service4 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a74 7#f7 ,national forest system land ,the term ,national ,forest ,system land means land within the ,national ,forest ,system1 as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a771 including the ,national ,grasslands and land utilization projects designated as ,national ,grasslands administered pursuant to the ,act of ,july #bb1 #aicg 7#g ,u4,s4,c4 #ajaj-ajab74 7#g7 ,public lands ,the term public lands has the meaning given that term in section #ajc7;e7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb7;e774 7#h7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land2 and 7,b7 the ,secretary of the ,interior1 with respect to public lands and other lands administered by the ,secretary of the ,interior through the ,bureau of ,land ,management1 the ,bureau of ,reclamation1 or the ,united ,states ,fish and ,wildlife ,service4 #cjc4 ,selection of parcels for conveyance 7a7 ,selection methods 7#a7 ,two selection methods ,the ,secretary concerned shall select an eligible ,federal lands parcel for conveyance under this section-- 7,a7 in response to a request submitted by an adjacent landholder or other prospective purchaser2 or 7,b7 upon the recommendation of the official of the ,federal agency exercising immediate administration over the parcel4 7#b7 ,public requests 7,a7 ,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 title4 7,b7 ,guidelines ,to the maximum extent practicable1 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 authority4 7#c7 ,public accessibility ,the selection process shall be open to the public and available on the internet4 7#d7 ,review of selection request ,when a prospective buyer or an official referred to in paragraph 7#a77;,b7 submits a request or recommendation for the selection of a ,federal lands parcel for conveyance under this title1 the ,secretary concerned shall review the parcel and determine1 within #cj days after receipt of the request1 whether the parcel in fact satisfies the definition of eligible ,federal lands parcel for conveyance under this title4 7#e7 ,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 7#a7 fails to satisfy the definition of eligible ,federal lands parcel1 the ,secretary concerned shall provide-- 7,a7 a written explanation of the reasons for the rejection1 which specifies-- 7i7 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 element2 7ii7 how the continued administration of the parcel by the ,secretary concerned would impact the parcel and surrounding economy2 and 7iii7 why the ,federal ,government needs to maintain ownership of the parcel and would be the best land ownership steward of the parcel2 and 7,b7 an opportunity to appeal the determination4 7#f7 ,deadline ,the selection process shall be available to the public within #ij days of the date of the enactment of this ,act4 7b7 ,parcel and acreage limitations 7#a7 ,acreage ,an eligible ,federal lands parcel conveyed under this section may not exceed #afj acres unless a request for additional acreage is specifically approved by the ,secretary concerned4 7#b7 ,number of parcels ,a purchaser may only acquire one eligible ,federal lands parcel under this section per year1 except that1 if the parcel is less than #afj acres in size1 the purchaser may acquire additional eligible ,federal lands parcels during that year so long as the total acreage acquired does not exceed #afj acres1 unless a request for additional acreage was approved by the ,secretary concerned under paragraph 7#a74 7c7 ,exclusion of certain ,federal lands ,the following ,federal lands may not be conveyed under the authority of this title3 7#a7 ,federal lands containing an exceptional resource4 7#b7 ,federal lands that are habitat for an endangered species or a threatened species determined under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc74 7#c7 ,a national monument4 7#d7 ,an area of critical environmental concern4 7#e7 ,a national conservation area4 7#f7 ,a national riparian conservation area4 7#g7 ,a national recreation area4 7#h7 ,a national scenic area4 7#i7 ,a research natural area4 7#aj7 ,a national outstanding natural area4 7#aa7 ,a national natural landmark4 7#ab7 ,a wilderness area4 7#ac7 ,a wilderness study area4 7#ad7 ,a unit of the national wild and scenic rivers system4 7#ae7 ,a unit of the national system of trails4 7#af7 ,land held in trust by the ,united ,states for the benefit of any ,indian tribe4 #cjd4 ,conveyance process 7a7 ,public notice ,the ,secretary concerned shall provide public notice of the availability of an eligible ,federal lands parcel4 ,the notice shall state that the parcel satisfies the definition of eligible ,federal lands parcel for conveyance4 7b7 ,effect of multiple offers ,if multiple prospective buyers request to purchase an eligible public lands parcel1 the sale of the eligible public lands parcel under this title shall be conducted using competitive bidding procedures established under section #bjc7;f7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agac7;f774 7c7 ,rejection of offers ,the ,secretary concerned may reject any offer made under this section that does not offer the minimum consideration required by section #cje4 ,a prospective purchaser shall be given an opportunity to appeal the rejection4 7d7 ,compliance with local planning and zoning ,as a condition of the conveyance of an eligible public lands parcel under this title1 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 land4 7e7 ,form of conveyance ,when an eligible ,federal lands parcel is to be sold under this title1 the ,secretary concerned shall convey1 by quitclaim deed1 all right1 title1 and interest1 including the mineral estate1 of the ,united ,states in and to the parcel4 #cje4 ,consideration 7a7 ,fair market value ,as consideration for the sale of an eligible ,federal lands parcel under this title1 the ,secretary concerned shall require a cash payment in an amount that is equal to not less than the fair market value of the parcel1 including the mineral estate4 7b7 ,appraisal ,the fair market value of an eligible ,federal lands parcel shall be established by an appraisal submitted by the prospective purchaser1 unless the ,secretary concerned rejects such appraisal within #de days after submission4 ,in the case of the rejection of the appraisal1 the ,secretary concerned shall cause another appraisal to be conducted1 within #cj days1 in accordance with the regulations regarding appraisals issued under section #bjf7;f7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;f774 #cjf4 ,distribution of proceeds 7a7 ,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 #cje4 7b7 ,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 7a74 7c7 ,distribution ,funds deposited into the ,treasury fund created under subsection 7a7 shall be distributed annually only to those ,states in which the ,federal government owns more than #cc percent of the land area4 ,the amount each of such ,states receives shall be determined in accordance with the distribution formula provided in subsection 7d74 7d7 ,calculation of distribution ,from amounts deposited into the ,treasury fund created under subsection 7a7-- 7#a7 #ge 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 place2 and 7#b7 the remaining #be percent shall be distributed equally between the remaining ,states identified under subsection 7c74 7e7 ,use of funds ,as a condition of receipt of funds under this section1 a ,state receiving such funds shall agree to use the funds only for authorized management efforts1 conservation programs1 and pilot projects under title ,,ii1 including the following3 7#a7 ,fire suppression4 7#b7 ,pre-treatment and fuels management4 7#c7 ,invasive species control4 7#d7 ,habitat restoration4 7#e7 ,wild horses and burros fertility control1 adoption1 and other non-slaughter management4 7#f7 ,predator control4 7f7 ,compliance requirements ,an authorized management effort1 conservation program1 or pilot project carried out using funds received under this section must comply with any ,federal requirement applicable under-- 7#a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7#b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7#c7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #cjg4 ,payment of costs of conveyance 7a7 ,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 incurred1 or to reimburse the ,secretary concerned for costs incurred1 to carry out the conveyance1 including survey and appraisal costs1 costs for environmental documentation1 and any other administrative costs related to the conveyance4 7b7 ,refund of excess ,if amounts are collected from the purchaser in advance1 and the amount collected exceeds the costs actually incurred to carry out the conveyance1 the ,secretary concerned shall refund the excess amount to the purchaser4 7c7 ,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 conveyance4 ,amounts so credited shall be merged with amounts in such fund or account1 and shall be available for the same purposes1 and subject to the same conditions and limitations1 as amounts in such fund or account4 #cjh4 ,time for conveyance ,it is the intent of the ,congress that the conveyance of an eligible ,federal lands parcel under this section1 from selection of the parcel for conveyance through completion of the sale1 should take no more than #ah months4 #cji4 ,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 #cjc7;c71 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 #caj4 ,additional authority ,the conveyance authority provided by this title is in addition to the sale authority provided by section #bjc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agac7 or any other provision of law4 ,,iv ,reviews of ,status of ,listed ,species #dja4 ,periodic #e-year status reviews of listed species 7a7 ,review requirement ,section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking 7#a72 and 7,b7 by striking paragraph 7#b72 7#b7 by adding at the end the following3 7d7 ,periodic #e-,year status reviews of listed species 7#a7 ,review requirement ,the ,secretary shall-- 7,a7 at least once before the end of the #e-year period beginning on the date a species is added to a list published under subsection 7c71 and of each #e-year period thereafter1 conduct a review to determine whether the status of the species has changed and should be removed from a list under subsection 7c72 and 7,b7 publish in the ,federal ,register notice of each such review4 7#b7 ,data to be used ,in each review of a species under this subsection1 the ,secretary shall use the best scientific and economic data available4 7#c7 ,notice of determination that listing is warranted 7,a7 ,requirement to provide notice ,if the ,secretary determines under paragraph 7#a77;,b77ii7 that a species is warranted to be listed1 the ,secretary shall promptly provide to each person described in subparagraph 7,b71 in writing and by not later than the end of the #fj-;day period beginning on the date of the determination-- 7i7 the findings of the review1 including the method used for determining current population levels of the species and the number of acres of habitat and critical habitat of the species2 7ii7 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 located2 and 7iii7 a draft plan establishing clear goals for conservation of habitat of the species4 7,b7 ,persons to be notified ,the persons referred to in subparagraph 7,a7 are the following3 7i7 ,the ,governor of each ,state in which habitat of the species is located4 7ii7 ,each member of the legislative body of each country in which habitat of the species is located4 7iii7 ,the tribal chairperson of each ,indian tribe having lands or waters that are habitat of the species4 7iv7 ,the chief executive of each city and town having lands or waters that are habitat of the species4 7v7 ,each owner of lands or waters that are habitat of the species4 7vi7 ,each holder of a permit authorizing use of ,federal lands or waters that are habitat of the species4 7,c7 ,hearing requirement ,if the ,secretary fails to provide notice in accordance with subparagraph 7,b7 to a person in a ,state1 the ,secretary1 in coordination with the ,governor of the ,state1 shall hold a hearing in such ,state to inform the public of such determination1 by not later than #f months after the end of such period4 4 ,v ,private ,property and ,fifth ,amendment ,takings #eja4 ,designation of critical habitat deemed a taking for which compensation is required 7a7 ,designation deemed taking ,any designation of critical habitat under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #acea et seq47 that involves_/imposes8 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-- 7#a7 the owner of any private property affected by the designation2 7#b7 any ,states having ,state lands affected by the designation2 7#c7 to holder of any permit for any activity on ,federal lands that is affected by the designation2 and 7#d7 the county in which are located any ,federal lands that are affected by such designation4 7b7 ,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 effective4 #ejb4 ,relation to ,payments in ,lieu of ,taxes 7,,pilt7 program ,the operation of section #eja does not affect the current formula or payments under chapter #fi of title #ca1 ,united ,states ,code 7commonly known as the ,payments in ,lieu of ,taxes 7,,pilt7 program74 ,,vi ,reporting ,requirements #fja4 ,annual report ,the ,secretary of ,agriculture and the ,secretary of the ,interior shall submit to ,congress an annual report describing-- 7#a7 the species protection and conservation measures being conducted in each ,state under title ,,ii2 7#b7 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 #aigc as threatened species or endangered species due to wildfire1 invasive species1 and wild horses and burros2 7#c7 the list of species in each ,state for which such listing is warranted1 and their analysis of costs and benefits of such listing2 7#d7 the costs of such measures1 and the percentage of the costs covered by funds distributed under section #cjf2 and 7#e7 the acreage sold and the revenues generated from the sale of lands in each ,state under title ,,iii4