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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4419 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4419

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.

_______________________________________________________________________

                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.

SEC. 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.

     TITLE I--LISTING OF ENDANGERED SPECIES AND THREATENED SPECIES

SEC. 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:

``SEC. 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.''.

SEC. 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.''.

SEC. 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.''.

         TITLE II--SPECIES PROTECTION AND CONSERVATION MEASURES

SEC. 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.)).

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

TITLE III--SMALL LANDS TRACTS CONVEYANCES TO SUPPORT SPECIES PROTECTION 
                       AND CONSERVATION MEASURES

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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)).

SEC. 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.).

SEC. 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.

SEC. 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.

SEC. 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.)

SEC. 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.

             TITLE IV--REVIEWS OF STATUS OF LISTED SPECIES

SEC. 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.''.

         TITLE V--PRIVATE PROPERTY AND FIFTH AMENDMENT TAKINGS

SEC. 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.

SEC. 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).

                    TITLE VI--REPORTING REQUIREMENTS

SEC. 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.
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