I 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Sage-Grouse and Endangered Species Conservation and 

6 Protection Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 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 


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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. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The West has experienced record fire activ4 ity over the past 15 years, in terms of size, fre5 quency, and intensity. In 1999, nearly 1.7 million 

6 acres of the Great Basin burned in just a week. In 

7 2006, ten million acres across the West burned. In 

8 2007, more than nine million acres burned. 

9 (2) Much of this fire activity occurred outside 

10 of the forested areas in the dry sagebrush plains 

11 parched by years of drought and dominated by high12 ly flammable, invasive cheatgrass. Often driven by 

13 fierce winds, these rangeland fires raced across the 

14 low-growing vegetation, burning hundreds of thou15 sands of square miles before the fires could be con16 tained. 

17 (3) Historically, sagebrush survived less intense 

18 wildfires that occurred infrequently, and the native 

19 grasses re-sprouted. But fire cycles have intensified 

20 and native plan communities cannot compete with 

21 cheatgrass, which spreads rapidly after a wildfire. 


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1 (4) The United States Fish and Wildlife Service 

2 considers wildland fire one of the most serious 

3 threats to sage-grouse habitat, and the Bureau of 

4 Land Management states wildfires are a leading 

5 cause of sagebrush habitat loss. 

6 (5) In 2005, the United States Fish and Wild7 life Service identified and charted the threats to the 

8 greater sage-grouse and their habitat in the West. 

9 According to its review, wildfire has a relative rank 

10 of 84 percent of the threat, and invasive species has 

11 a relative rank of 91 percent of the threat. 

12 (6) In 2012, 1.2 percent of the Greater Sage13 Grouse’s preliminary general habitat and 2.7 percent 

14 of the species’ preliminary priority habitat was 

15 burned. Over 84 percent of sage-grouse habitat in 

16 Nevada is located on federally-managed land.’’ 

17 (7) The United States Fish and Wildlife has 

18 determined that overgrazing by wild horses and bur19 ros is a threat to sage-grouse habitat. 

20 (8) The Sage-Grouse National Technical Team 

21 report produced December 21, 2011, states that wild 

22 horses and burros have the potential to impact habi23 tats used by sage-grouse by reducing grass, shrub, 

24 and forb cover and increasing unpalatable forbs and 

25 exotic plans including cheatgrass. Effects of wild 


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1 equids on habitats may be especially pronounced 

2 during periods of drought or vegetation stress. Wild 

3 equids have different grazing patterns than domestic 

4 livestock, thus increasing the magnitude of grazing 

5 across the entire landscape. 

6 (9) On February 28, 2013, the Bureau of Land 

7 Management estimated there were 20,195 wild free8 roaming horses and burros in Nevada. Nevada has 

9 more wild free-roaming horses than the States of 

10 Arizona, California, Colorado, Idaho, Montana, New 

11 Mexico, Oregon, Utah, and Wyoming combined. 

12 (10) The Bureau of Land Management has de13 termined that the appropriate management level for 

14 wild horses and burros in Nevada for fiscal year 

15 2013 was 12,789, but, because wild horses and bur16 ros have virtually no predators, their herd sizes can 

17 double approximately every four years. 

18 TITLE I—LISTING OF ENDAN19 GERED SPECIES AND 

20 THREATENED SPECIES 

21 SEC. 101. BEST SCIENTIFIC AND COMMERCIAL DATA AVAIL22 ABLE. 

23 (a) DEFINITION.—Section 3 of the Endangered Spe24 cies Act of 1973 (16 U.S.C. 1532) is amended by inserting 

25 after paragraph (1) the following: 


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1 ‘‘(1a) The term ‘best scientific and economic 

2 data available’— 

3 ‘‘(A) means such data as available at the 

4 time the data is used; and 

5 ‘‘(B) includes an analysis of the costs and 

6 benefits of the matter under consideration.’’. 

7 (b) PUBLIC AVAILABILITY.—Section 13 of the En8 dangered Species Act of 1973 (relating to amendments to 

9 current law that have executed) is amended to read as fol10 lows: 

11 ‘‘SEC. 13. AVAILABILITY OF BEST SCIENTIFIC AND ECO12 NOMIC DATA. 

13 ‘‘In each case in which the Secretary is required by 

14 this Act to use the best scientific and economic data avail15 able, the Secretary shall make such data available to the 

16 public.’’. 

17 SEC. 102. CONSIDERATION OF PETITIONS TO LIST SPECIES. 

18 (a) EXTENSION OF TIME PERIODS FOR CONSIDER19 ATION.—Section 4(b)(3) of the Endangered Species Act 

20 of 1973 (16 U.S.C. 1533(b)(3)) is amended— 

21 (1) in subparagraph (A), by striking ‘‘90 days’’ 

22 and inserting ‘‘5 years’’; and 

23 (2) in subparagraph (B), by striking ‘‘12 

24 months after receiving a petition that is found under 

25 subparagraph (A) to present’’ and inserting ‘‘5 years 


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1 after finding under subparagraph (A) that a petition 

2 presents’’. 

3 (b) ACTION AFTER FINDING ON PETITION.—Section 

4 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 

5 1533(b)) is amended— 

6 (1) in paragraph (3)— 

7 (A) in subparagraph (B)(ii), by inserting 

8 ‘‘(except as provided in paragraph (5)(F))’’ 

9 after ‘‘promptly’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(E)(i) If the Secretary finds under subparagraph 

12 (B)(i) that adding a species to a list published under sub13 section (c) is not warranted, the Secretary shall not con14 sider any petition to add the species to either of the lists 

15 published under subsection (c) before the end of the 10- 

16 year period beginning on the date of the date of such find17 ing. 

18 ‘‘(ii) If the Secretary finds under subparagraph 

19 (B)(iii) that adding a species to a list published under sub20 section (c) is warranted, the Secretary shall make publicly 

21 available an analysis of the costs and benefits of listing 

22 the species.’’; and 

23 (2) in paragraph (5)— 

24 (A) by adding ‘‘and’’ after the semicolon at 

25 the end of subparagraph (D), and by striking 


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1 the period at the end of subparagraph (E) and 

2 inserting ‘‘; and’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(F) in the case of a finding under para5 graph (3)(B)(ii) that adding a species to a list 

6 published under subsection (c) is warranted, the 

7 Secretary— 

8 ‘‘(i) shall make such finding, sepa9 rately, with respect to each State in which 

10 the species is believed to occur, taking into 

11 consideration— 

12 ‘‘(I) regional variation in habitat 

13 and ecosystems; and 

14 ‘‘(II) that State’s conservation 

15 plan for the species; 

16 ‘‘(ii) notwithstanding paragraph 

17 (3)(B)(ii)— 

18 ‘‘(I) shall promptly publish such 

19 finding; and 

20 ‘‘(II) shall promptly publish gen21 eral notice and the complete text of 

22 the analysis of costs and benefits re23 quired by this Act for the action and 

24 of a proposed regulation to implement 


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1 such action by not later than 10 years 

2 after publication of such finding; 

3 ‘‘(iii) shall provide a period of 12 

4 months for the submission of public com5 ments on the findings of the proposed reg6 ulation and the analysis of costs and bene7 fits required by this Act; 

8 ‘‘(iv) shall promptly provide notice of 

9 the findings of the proposed regulation, of 

10 the identity of the person that submitted 

11 the petition, and of the period for the sub12 mission of public comments under clause 

13 (iii), to— 

14 ‘‘(I) each person that owns land 

15 or water on which the species is be16 lieved to occur; and 

17 ‘‘(II) the Governor and wildlife 

18 department of each State, the legisla19 tive body of each county, the chair20 person of each Indian tribe with tribal 

21 lands, the mayors or city manager of 

22 each city, and the holder of each per23 mit for the conduct of activity on Fed24 eral land, in or on which the species 

25 is believed to occur; and 


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1 ‘‘(v) if the proposed regulation is 

2 withdrawn, may not consider any petition 

3 to add the species to such a list before the 

4 end of the 10-year period beginning on the 

5 date of such withdrawal.’’. 

6 SEC. 103. LIMITATION ON TREATMENT OF SPECIES AS EN7 DANGERED OR THREATENED IN STATES 

8 WHERE MAJORITY OF LANDS ARE FEDERAL. 

9 Section 4(c) of the Endangered Species Act of 1973 

10 (16 U.S.C. 1533(b)) is amended by adding at the end the 

11 following: 

12 ‘‘(3) Notwithstanding any other provision of this Act, 

13 the Secretary may not add to a list under this subsection 

14 a population of a species in a State in which the majority 

15 of lands are managed by the Federal Government, unless 

16 the head of each Federal agency with administrative juris17 diction over any of such lands provides to the State— 

18 ‘‘(A) detailed information regarding land man19 agement and conservation initiatives of the agency in 

20 the State to protect the habitat and the critical habi21 tat of the species, including— 

22 ‘‘(i) the amounts that have been expended, 

23 are planned to be expended, and are available 

24 for expenditure for each such initiative; 


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1 ‘‘(ii) the location and a summary of each 

2 such initiative; and 

3 ‘‘(iii) information regarding such initiatives 

4 to address the threats to such species, including 

5 threats from wildfire, invasive species encroach6 ment, and other predator species; 

7 ‘‘(B) a copy of the agency’s appropriations re8 quest and justification of appropriations request for 

9 each of the preceding 5 fiscal years, specifically as 

10 it relates to efforts to address threats to such spe11 cies; 

12 ‘‘(C) a proposed plan for conservation of habi13 tat of such species, with a clearly stated goals, 

14 that— 

15 ‘‘(i) includes adequate regulatory mecha16 nisms, and identifies sufficient resources, to ac17 complish habitat conservation; 

18 ‘‘(ii) a robust monitoring strategy to en19 sure the proposed plan is successfully con20 serving the species and its habitat; 

21 ‘‘(iii) incorporates a strong adaptive man22 agement component to deal with uncertainties 

23 and unforeseen circumstances that may require 

24 action; 


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1 ‘‘(iv) clearly articulates how the Federal 

2 conservation planning efforts mesh with the 

3 State’s conservation actions and best directs 

4 such efforts; and 

5 ‘‘(v) describes in detail on how threats to 

6 the species from other species will be reduced; 

7 and 

8 ‘‘(D) detailed information regarding— 

9 ‘‘(i) how previous action of the Federal 

10 Government is reducing such threats from other 

11 species in habitat and critical habitat areas, in12 cluding threats from predators, feral horses, 

13 burros, and ravens; and 

14 ‘‘(ii) the removal of such other species 

15 from habitat and critical habitat areas and herd 

16 management areas.’’. 

17 TITLE II—SPECIES PROTECTION 

18 AND CONSERVATION MEASURES 

19 SEC. 201. DEFINITIONS. 

20 In this title: 

21 (1) COUNCIL.—The term ‘‘Council’’ means the 

22 Federal/State Endangered Species Council estab23 lished for a State. 

24 (2) NATIONAL FOREST SYSTEM LAND.—The 

25 term ‘‘National Forest System lands’’ refers to the 


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1 federally owned lands within the National Forest 

2 System, as described in section 11(a) of the Forest 

3 and Rangeland Renewable Resources Planning Act 

4 of 1974 (16 U.S.C. 1609(a)). 

5 (3) PUBLIC LAND.—The term ‘‘public lands’’ 

6 has the meaning given that term in section 103(e) 

7 of the Federal Land Policy and Management Act of 

8 1976 (43 U.S.C. 1702(e)). 

9 (4) SECRETARY CONCERNED.—The term ‘‘Sec10 retary concerned’’ means— 

11 (A) the Secretary of Agriculture, with re12 spect to National Forest System lands; and 

13 (B) the Secretary of the Interior, with re14 spect to public lands. 

15 (5) THREAT.—The term ‘‘threat’’ means those 

16 threats to an endangered or threatened species or a 

17 species being considered for listing as an endangered 

18 or threatened species under the Endangered Species 

19 Act of 1973 (16 U.S.C. 1531 et seq.) arising from 

20 wildfire, inadequate post-fire restoration, displace21 ment of habitat by invasive plant species, other habi22 tat encroachments, over-grazing by wild horses and 

23 burros, and predation (including by predators pro24 tected by the Migratory Bird Treaty Act (16 U.S.C. 

25 703 et seq.)). 


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1 SEC. 202. PROTECTION AND CONSERVATION MEASURES TO 

2 ALLEVIATE THREATS TO ENDANGERED OR 

3 THREATENED SPECIES AND TO PREVENT AD4 DITIONAL LISTINGS. 

5 (a) EFFORTS ON PUBLIC LANDS AND NATIONAL

6 FOREST SYSTEM LANDS.—The Secretary concerned shall 

7 conduct management activities, conservation programs, 

8 and pilot projects for public lands and National Forest 

9 System lands to address threats to— 

10 (1) the habitat and viability of endangered or 

11 threatened species under the Endangered Species 

12 Act of 1973 (16 U.S.C. 1531 et seq.); and 

13 (2) the habitat and viability of other species to 

14 alleviate the need to list a species as an endangered 

15 or threatened species under the Endangered Species 

16 Act of 1973. 

17 (b) EFFORTS ON OTHER LANDS.—The Secretary 

18 concerned may also support efforts by another Federal 

19 agency, a State, a political subdivision of a State, an In20 dian tribe, or a private entity to address threats to an en21 dangered or threatened species or to protect and conserve 

22 another species to alleviate the need to list a species as 

23 an endangered or threatened species. 

24 (c) AUTHORIZED ACTIVITIES.—Authorized manage25 ment activities, conservation programs, and pilot projects 


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1 conducted under this section may involve any of the fol2 lowing: 

3 (1) Fire suppression, pre-treatment, fuels man4 agement, and fuel breaks. 

5 (2) Invasive species control and response to en6 croachment of endangered or threatened species or 

7 species considered for listing by other native species, 

8 including experimental biochemical controls for 

9 invasive species. 

10 (3) Habitat restoration. 

11 (4) Wild horses and burros fertility control, 

12 adoption, and other non-slaughter management. 

13 (5) Predator control. 

14 (6) Rapid eco-regional assessment. 

15 (7) Controlled burns. 

16 (8) Re-seeding and native seed purchasing and 

17 storage. 

18 (9) Green stripping. 

19 (10) Targeted grazing to reduce fuels and 

20 invasive species, including targeted grazing of 

21 invasive species and fuels in additional months and 

22 increasing the issuance of grazing permits for tar23 geted grazing. 


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1 SEC. 203. FEDERAL/STATE ENDANGERED SPECIES COUN2 CILS. 

3 (a) COUNCILS REQUIRED.—The Secretary of Agri4 culture and the Secretary of the Interior shall carry out 

5 this title in a State in consultation with a Federal/State 

6 Endangered Species Council consisting of representatives 

7 of the Secretaries concerned and the Governor of the State 

8 and representatives of affected political subdivisions of the 

9 State. 

10 (b) COUNCIL ROLE.—The Council for a State shall 

11 assist the Secretary concerned to prioritize habitat con12 servation efforts, determine habitat land designations, and 

13 select management activities, conservation programs, and 

14 pilot projects under this title. 

15 SEC. 204. FUNDING REQUIREMENTS. 

16 (a) PRIORITY FOR ON-THE-GROUND EFFORTS.—Of 

17 the funds made available to carry out this title for a fiscal 

18 year, including funds made available to Councils under 

19 section 306, at least 75 percent shall be used for manage20 ment activities, conservation programs, and pilot projects 

21 under this title. 

22 (b) ADMINISTRATIVE COSTS.—Not more than 25 

23 percent of the funds made available to carry out this title 

24 for a fiscal year may be used for planning and administra25 tive purposes. 


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1 (c) ACCEPTANCE OF IN-KIND CONTRIBUTIONS.—The 

2 Secretary concerned may accept contributions in money, 

3 services, materials, or otherwise, to support efforts under 

4 this title. 

5 SEC. 205. CATEGORICAL EXCLUSION AND OTHER EXCEP6 TIONS. 

7 A management activity, conservation program, or 

8 pilot project to be conducted on a parcel of public lands 

9 or National Forest System lands consisting of 10,000 

10 acres or less and directly related to threats to an endan11 gered or threatened species or to another species consid12 ered for listing as an endangered or threatened species 

13 shall be— 

14 (1) categorically excluded from the require15 ments relating to environmental assessments or envi16 ronmental impact statements under section 1508.4 

17 of title 40, Code of Federal Regulations; and 

18 (2) exempt from the Archaeological Resources 

19 Protection Act of 1979 (16 U.S.C. 470aa et seq.) 

20 and any other requirement relating to the survey, 

21 identification, or disruption of archeological or cul22 tural resources on public lands or National Forest 

23 System lands. 


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1 TITLE III—SMALL LANDS 

2 TRACTS CONVEYANCES TO 

3 SUPPORT SPECIES PROTEC4 TION AND CONSERVATION 

5 MEASURES 

6 SEC. 301. PURPOSE. 

7 It is the purpose of this title to require the sale of 

8 small parcels of National Forest System land and small 

9 parcels of public lands and other lands administered by 

10 the Secretary of the Interior to generate revenues to fund 

11 the species protection and conservation measures author12 ized by title II. 

13 SEC. 302. DEFINITIONS. 

14 In this title: 

15 (1) ADJACENT LANDHOLDER.—The term ‘‘ad16 jacent landholder’’ means any holder of non-Federal 

17 land (including a holder that is a State, county, or 

18 local government or any agency thereof, or an In19 dian tribe) that shares one or more boundaries with 

20 an eligible Federal lands parcel and who makes a re21 quest to purchase an eligible Federal lands parcel. 

22 (2) ELIGIBLE FEDERAL LANDS PARCEL.—Sub23 ject to the exclusions specified in section 303(c), the 

24 term ‘‘eligible Federal lands parcel’’ means a parcel 

25 of Federal lands that— 


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1 (A) shares one or more boundaries with 

2 non-Federal land; 

3 (B) is located within the boundaries of an 

4 incorporated or unincorporated area with a pop5 ulation of at least 500 residents; and 

6 (C) is not subject to existing rights held by 

7 a non-Federal entity. 

8 (3) EXCEPTIONAL RESOURCE.—The term ‘‘ex9 ceptional resource’’ means a resource of scientific, 

10 historic, cultural, or recreational value on a parcel of 

11 Federal lands that would otherwise satisfy the defi12 nition of eligible Federal lands parcel, but that the 

13 Secretary concerned determines, on the record and 

14 after an opportunity for a hearing— 

15 (A) is documented by a Federal, State, or 

16 local governmental authority; and 

17 (B) requires extraordinary conservation 

18 and protection to maintain the resource for the 

19 benefit of the public. 

20 (4) FEDERAL LANDS.—The term ‘‘Federal 

21 lands’’ means— 

22 (A) National Forest System land; and 

23 (B) public lands and other lands adminis24 tered by the Secretary of the Interior through 

25 the Bureau of Land Management, the Bureau 


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1 of Reclamation, or the United States Fish and 

2 Wildlife Service. 

3 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

4 has the meaning given that term in section 102 of 

5 the Federally Recognized Indian Tribe List Act of 

6 1994 (25 U.S.C. 479a). 

7 (6) NATIONAL FOREST SYSTEM LAND.—The 

8 term ‘‘National Forest System land’’ means land 

9 within the National Forest System, as defined in 

10 section 11(a) of the Forest and Rangeland Renew11 able Resources Planning Act of 1974 (16 U.S.C. 

12 1609(a)), including the National Grasslands and 

13 land utilization projects designated as National 

14 Grasslands administered pursuant to the Act of July 

15 22, 1937 (7 U.S.C. 1010–1012). 

16 (7) PUBLIC LANDS.—The term ‘‘public lands’’ 

17 has the meaning given that term in section 103(e) 

18 of the Federal Land Policy and Management Act of 

19 1976 (43 U.S.C. 1702(e)). 

20 (8) SECRETARY CONCERNED.—The term ‘‘Sec21 retary concerned’’ means— 

22 (A) the Secretary of Agriculture, with re23 spect to National Forest System land; and 

24 (B) the Secretary of the Interior, with re25 spect to public lands and other lands adminisVerDate Mar 15 2010 01:03 Apr 11, 2014 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4419.IH H4419

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1 tered by the Secretary of the Interior through 

2 the Bureau of Land Management, the Bureau 

3 of Reclamation, or the United States Fish and 

4 Wildlife Service. 

5 SEC. 303. SELECTION OF PARCELS FOR CONVEYANCE. 

6 (a) SELECTION METHODS.— 

7 (1) TWO SELECTION METHODS.—The Secretary 

8 concerned shall select an eligible Federal lands par9 cel for conveyance under this section— 

10 (A) in response to a request submitted by 

11 an adjacent landholder or other prospective pur12 chaser; or 

13 (B) upon the recommendation of the offi14 cial of the Federal agency exercising immediate 

15 administration over the parcel. 

16 (2) PUBLIC REQUESTS.— 

17 (A) PROCESS REQUIRED.—The Secretary 

18 concerned shall create a process by which an 

19 adjacent landholder or other prospective pur20 chaser may request the selection of a Federal 

21 lands parcel for conveyance under this title. 

22 (B) GUIDELINES.—To the maximum ex23 tent practicable, the process shall be consistent 

24 with other public purchase request processes 

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1 eral land under their respective statutory and 

2 regulatory authority. 

3 (3) PUBLIC ACCESSIBILITY.—The selection 

4 process shall be open to the public and available on 

5 the internet. 

6 (4) REVIEW OF SELECTION REQUEST.—When a 

7 prospective buyer or an official referred to in para8 graph (1)(B) submits a request or recommendation 

9 for the selection of a Federal lands parcel for con10 veyance under this title, the Secretary concerned 

11 shall review the parcel and determine, within 30 

12 days after receipt of the request, whether the parcel 

13 in fact satisfies the definition of eligible Federal 

14 lands parcel for conveyance under this title. 

15 (5) EFFECT OF REJECTION OF SELECTION RE16 QUEST.—If the Secretary concerned determines that 

17 all or a portion of a Federal lands parcel covered by 

18 a request or recommendation under paragraph (1) 

19 fails to satisfy the definition of eligible Federal lands 

20 parcel, the Secretary concerned shall provide— 

21 (A) a written explanation of the reasons 

22 for the rejection, which specifies— 

23 (i) which of the elements of the defini24 tion of eligible Federal lands parcel the 


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1 parcel fails to satisfy and how and why the 

2 parcel fails to satisfy that element; 

3 (ii) how the continued administration 

4 of the parcel by the Secretary concerned 

5 would impact the parcel and surrounding 

6 economy; and 

7 (iii) why the Federal Government 

8 needs to maintain ownership of the parcel 

9 and would be the best land ownership 

10 steward of the parcel; and 

11 (B) an opportunity to appeal the deter12 mination. 

13 (6) DEADLINE.—The selection process shall be 

14 available to the public within 90 days of the date of 

15 the enactment of this Act. 

16 (b) PARCEL AND ACREAGE LIMITATIONS.— 

17 (1) ACREAGE.—An eligible Federal lands parcel 

18 conveyed under this section may not exceed 160 

19 acres unless a request for additional acreage is spe20 cifically approved by the Secretary concerned. 

21 (2) NUMBER OF PARCELS.—A purchaser may 

22 only acquire one eligible Federal lands parcel under 

23 this section per year, except that, if the parcel is less 

24 than 160 acres in size, the purchaser may acquire 

25 additional eligible Federal lands parcels during that 


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1 year so long as the total acreage acquired does not 

2 exceed 160 acres, unless a request for additional 

3 acreage was approved by the Secretary concerned 

4 under paragraph (1). 

5 (c) EXCLUSION OF CERTAIN FEDERAL LANDS.—The 

6 following Federal lands may not be conveyed under the 

7 authority of this title: 

8 (1) Federal lands containing an exceptional re9 source. 

10 (2) Federal lands that are habitat for an en11 dangered species or a threatened species determined 

12 under section 4 of the Endangered Species Act of 

13 1973 (16 U.S.C. 1533). 

14 (3) A national monument. 

15 (4) An area of critical environmental concern. 

16 (5) A national conservation area. 

17 (6) A national riparian conservation area. 

18 (7) A national recreation area. 

19 (8) A national scenic area. 

20 (9) A research natural area. 

21 (10) A national outstanding natural area. 

22 (11) A national natural landmark. 

23 (12) A wilderness area. 

24 (13) A wilderness study area. 


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1 (14) A unit of the national wild and scenic riv2 ers system. 

3 (15) A unit of the national system of trails. 

4 (16) Land held in trust by the United States 

5 for the benefit of any Indian tribe. 

6 SEC. 304. CONVEYANCE PROCESS. 

7 (a) PUBLIC NOTICE.—The Secretary concerned shall 

8 provide public notice of the availability of an eligible Fed9 eral lands parcel. The notice shall state that the parcel 

10 satisfies the definition of eligible Federal lands parcel for 

11 conveyance. 

12 (b) EFFECT OF MULTIPLE OFFERS.—If multiple 

13 prospective buyers request to purchase an eligible public 

14 lands parcel, the sale of the eligible public lands parcel 

15 under this title shall be conducted using competitive bid16 ding procedures established under section 203(f) of the 

17 Federal Land Policy and Management Act of 1976 (43 

18 U.S.C. 1713(f)). 

19 (c) REJECTION OF OFFERS.—The Secretary con20 cerned may reject any offer made under this section that 

21 does not offer the minimum consideration required by sec22 tion 305. A prospective purchaser shall be given an oppor23 tunity to appeal the rejection. 

24 (d) COMPLIANCE WITH LOCAL PLANNING AND ZON25 ING.—As a condition of the conveyance of an eligible pubVerDate Mar 15 2010 01:03 Apr 11, 2014 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4419.IH H4419

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1 lic lands parcel under this title, the Secretary concerned 

2 shall require the purchaser of the parcel to agree to com3 ply with all local land use ordinances and any master zon4 ing plan applicable to the parcel or the adjacent non-Fed5 eral land. 

6 (e) FORM OF CONVEYANCE.—When an eligible Fed7 eral lands parcel is to be sold under this title, the Sec8 retary concerned shall convey, by quitclaim deed, all right, 

9 title, and interest, including the mineral estate, of the 

10 United States in and to the parcel. 

11 SEC. 305. CONSIDERATION. 

12 (a) FAIR MARKET VALUE.—As consideration for the 

13 sale of an eligible Federal lands parcel under this title, 

14 the Secretary concerned shall require a cash payment in 

15 an amount that is equal to not less than the fair market 

16 value of the parcel, including the mineral estate. 

17 (b) APPRAISAL.—The fair market value of an eligible 

18 Federal lands parcel shall be established by an appraisal 

19 submitted by the prospective purchaser, unless the Sec20 retary concerned rejects such appraisal within 45 days 

21 after submission. In the case of the rejection of the ap22 praisal, the Secretary concerned shall cause another ap23 praisal to be conducted, within 30 days, in accordance 

24 with the regulations regarding appraisals issued under 


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1 section 206(f) of the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1716(f)). 

3 SEC. 306. DISTRIBUTION OF PROCEEDS. 

4 (a) ESTABLISHMENT OF FUND.—The Secretary of 

5 the Treasury shall establish in the Treasury of the United 

6 States a special fund to provide for the collection and dis7 tribution of consideration received under section 305. 

8 (b) COLLECTION.—Funds collected from the convey9 ance of an eligible Federal lands parcel under this section 

10 shall be deposited into the Treasury fund created under 

11 subsection (a). 

12 (c) DISTRIBUTION.—Funds deposited into the Treas13 ury fund created under subsection (a) shall be distributed 

14 annually only to those States in which the Federal govern15 ment owns more than 33 percent of the land area. The 

16 amount each of such States receives shall be determined 

17 in accordance with the distribution formula provided in 

18 subsection (d). 

19 (d) CALCULATION OF DISTRIBUTION.—From 

20 amounts deposited into the Treasury fund created under 

21 subsection (a)— 

22 (1) 75 percent of the amount collected from a 

23 conveyance shall be distributed to the Federal/State 

24 Endangered Species Council of the State in which 

25 the conveyance took place; and 


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1 (2) the remaining 25 percent shall be distrib2 uted equally between the remaining States identified 

3 under subsection (c). 

4 (e) USE OF FUNDS.—As a condition of receipt of 

5 funds under this section, a State receiving such funds shall 

6 agree to use the funds only for authorized management 

7 efforts, conservation programs, and pilot projects under 

8 title II, including the following: 

9 (1) Fire suppression. 

10 (2) Pre-treatment and fuels management. 

11 (3) Invasive species control. 

12 (4) Habitat restoration. 

13 (5) Wild horses and burros fertility control, 

14 adoption, and other non-slaughter management. 

15 (6) Predator control. 

16 (f) COMPLIANCE REQUIREMENTS.—An authorized 

17 management effort, conservation program, or pilot project 

18 carried out using funds received under this section must 

19 comply with any Federal requirement applicable under— 

20 (1) the Endangered Species Act of 1973 (16 

21 U.S.C. 1531 et seq.); 

22 (2) the Federal Water Pollution Control Act 

23 (33 U.S.C. 1251 et seq.); and 

24 (3) the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.). 


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1 SEC. 307. PAYMENT OF COSTS OF CONVEYANCE. 

2 (a) PAYMENT OF COSTS REQUIRED.—The Secretary 

3 concerned shall require the purchaser of an eligible Fed4 eral lands parcel under this title to cover the costs to be 

5 incurred, or to reimburse the Secretary concerned for 

6 costs incurred, to carry out the conveyance, including sur7 vey and appraisal costs, costs for environmental docu8 mentation, and any other administrative costs related to 

9 the conveyance. 

10 (b) REFUND OF EXCESS.—If amounts are collected 

11 from the purchaser in advance, and the amount collected 

12 exceeds the costs actually incurred to carry out the convey13 ance, the Secretary concerned shall refund the excess 

14 amount to the purchaser. 

15 (c) TREATMENT OF AMOUNTS RECEIVED.—Amounts 

16 received as reimbursement under this section shall be 

17 credited to the fund or account that was used to cover 

18 those costs in carrying out the conveyance. Amounts so 

19 credited shall be merged with amounts in such fund or 

20 account, and shall be available for the same purposes, and 

21 subject to the same conditions and limitations, as amounts 

22 in such fund or account. 

23 SEC. 308. TIME FOR CONVEYANCE. 

24 It is the intent of the Congress that the conveyance 

25 of an eligible Federal lands parcel under this section, from 


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1 selection of the parcel for conveyance through completion 

2 of the sale, should take no more than 18 months. 

3 SEC. 309. CATEGORICAL EXCLUSION. 

4 Because the scope of a conveyance authorized by this 

5 title is limited and exceptional resources and certain other 

6 Federal lands are excluded from conveyance by section 

7 303(c), a conveyance of an eligible Federal lands parcel 

8 under this title is categorically excluded from the require9 ment to prepare an environmental assessment or an envi10 ronmental impact statement under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

12 SEC. 310. ADDITIONAL AUTHORITY. 

13 The conveyance authority provided by this title is in 

14 addition to the sale authority provided by section 203 of 

15 the Federal Land Policy and Management Act of 1976 

16 (43 U.S.C. 1713) or any other provision of law. 

17 TITLE IV—REVIEWS OF STATUS 

18 OF LISTED SPECIES 

19 SEC. 401. PERIODIC 5-YEAR STATUS REVIEWS OF LISTED 

20 SPECIES. 

21 (a) REVIEW REQUIREMENT.—Section 4 of the En22 dangered Species Act of 1973 (16 U.S.C. 1533) is amend23 ed— 

24 (1) in subsection (c)— 

25 (A) by striking ‘‘(1)’’; and 


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1 (B) by striking paragraph (2); 

2 (2) by adding at the end the following: 

3 ‘‘(d) PERIODIC 5-YEAR STATUS REVIEWS OF LISTED

4 SPECIES.— 

5 ‘‘(1) REVIEW REQUIREMENT.—The Secretary 

6 shall— 

7 ‘‘(A) at least once before the end of the 5- 

8 year period beginning on the date a species is 

9 added to a list published under subsection (c), 

10 and of each 5-year period thereafter, conduct a 

11 review to determine whether the status of the 

12 species has changed and should be removed 

13 from a list under subsection (c); and 

14 ‘‘(B) publish in the Federal Register notice 

15 of each such review. 

16 ‘‘(2) DATA TO BE USED.—In each review of a 

17 species under this subsection, the Secretary shall use 

18 the best scientific and economic data available. 

19 ‘‘(3) NOTICE OF DETERMINATION THAT LIST20 ING IS WARRANTED.— 

21 ‘‘(A) REQUIREMENT TO PROVIDE NO22 TICE.—If the Secretary determines under para23 graph (1)(B)(ii) that a species is warranted to 

24 be listed, the Secretary shall promptly provide 

25 to each person described in subparagraph (B), 


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1 in writing and by not later than the end of the 

2 60-day period beginning on the date of the de3 termination— 

4 ‘‘(i) the findings of the review, includ5 ing the method used for determining cur6 rent population levels of the species and 

7 the number of acres of habitat and critical 

8 habitat of the species; 

9 ‘‘(ii) a list of all identified threats to 

10 the species and a description of the regu11 latory mechanisms and on-the-ground 

12 projects the Federal government is car13 rying out to address such identified threats 

14 in the State in which the person is located; 

15 and 

16 ‘‘(iii) a draft plan establishing clear 

17 goals for conservation of habitat of the 

18 species. 

19 ‘‘(B) PERSONS TO BE NOTIFIED.—The 

20 persons referred to in subparagraph (A) are the 

21 following: 

22 ‘‘(i) The Governor of each State in 

23 which habitat of the species is located. 


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1 ‘‘(ii) Each member of the legislative 

2 body of each country in which habitat of 

3 the species is located. 

4 ‘‘(iii) The tribal chairperson of each 

5 Indian tribe having lands or waters that 

6 are habitat of the species. 

7 ‘‘(iv) The chief executive of each city 

8 and town having lands or waters that are 

9 habitat of the species. 

10 ‘‘(v) Each owner of lands or waters 

11 that are habitat of the species. 

12 ‘‘(vi) Each holder of a permit author13 izing use of Federal lands or waters that 

14 are habitat of the species. 

15 ‘‘(C) HEARING REQUIREMENT.—If the 

16 Secretary fails to provide notice in accordance 

17 with subparagraph (B) to a person in a State, 

18 the Secretary, in coordination with the Gov19 ernor of the State, shall hold a hearing in such 

20 State to inform the public of such determina21 tion, by not later than 6 months after the end 

22 of such period.’’. 


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1 TITLE V—PRIVATE PROPERTY 

2 AND FIFTH AMENDMENT 

3 TAKINGS 

4 SEC. 501. DESIGNATION OF CRITICAL HABITAT DEEMED A 

5 TAKING FOR WHICH COMPENSATION IS RE6 QUIRED. 

7 (a) DESIGNATION DEEMED TAKING.—Any designa8 tion of critical habitat under the Endangered Species Act 

9 of 1973 (16 U.S.C. 1351 et seq.) that øinvolves/imposes?¿ 

10 restrictions on uses of land is deemed to be a regulatory 

11 taking of property for which fair-value compensation is re12 quired to be paid under the fifth Article of amendment 

13 to the Constitution to— 

14 (1) the owner of any private property affected 

15 by the designation; 

16 (2) any States having State lands affected by 

17 the designation; 

18 (3) to holder of any permit for any activity on 

19 Federal lands that is affected by the designation; 

20 and 

21 (4) the county in which are located any Federal 

22 lands that are affected by such designation. 

23 (b) MANNER OF PAYMENT.—Any compensation re24 quired under this section for a designation of critical habiVerDate Mar 15 2010 01:32 Apr 11, 2014 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4419.IH H4419

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1 tat shall be paid in annual amounts until the designation 

2 is no longer effective. 

3 SEC. 502. RELATION TO PAYMENTS IN LIEU OF TAXES 

4 (PILT) PROGRAM. 

5 The operation of section 501 does not affect the cur6 rent formula or payments under chapter 69 of title 31, 

7 United States Code (commonly known as the Payments 

8 in Lieu of Taxes (PILT) program). 

9 TITLE VI—REPORTING 

10 REQUIREMENTS 

11 SEC. 601. ANNUAL REPORT. 

12 The Secretary of Agriculture and the Secretary of the 

13 Interior shall submit to Congress an annual report de14 scribing— 

15 (1) the species protection and conservation 

16 measures being conducted in each State under title 

17 II; 

18 (2) the acres of habitat fragmentation on Fed19 eral lands for threatened species or endangered spe20 cies or species proposed for listing under the Endan21 gered Species Act of 1973 as threatened species or 

22 endangered species due to wildfire, invasive species, 

23 and wild horses and burros; 


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1 (3) the list of species in each State for which 

2 such listing is warranted, and their analysis of costs 

3 and benefits of such listing; 

4 (4) the costs of such measures, and the percent5 age of the costs covered by funds distributed under 

6 section 306; and 

7 (5) the acreage sold and the revenues generated 

8 from the sale of lands in each State under title III. 

Æ 


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