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 Com-
mittee on Natural Resources, and in addition to the Committees on Agri-
culture and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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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Be it enacted by the Senate and House of Representa-
tives 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 endan-
gered 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 compensa-
tion 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 activ-
ity over the past 15 years, in terms of size, fre-
quency, 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 high-
ly flammable, invasive cheatgrass. Often driven by 
fierce winds, these rangeland fires raced across the 
low-growing vegetation, burning hundreds of thou-
sands of square miles before the fires could be con-
tained. 
(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. 
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(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 Wild-
life 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 bur-
ros 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 habi-
tats used by sage-grouse by reducing grass, shrub, 
and forb cover and increasing unpalatable forbs and 
exotic plans including cheatgrass. Effects of wild 
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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 de-
termined that the appropriate management level for 
wild horses and burros in Nevada for fiscal year 
2013 was 12,789, but, because wild horses and bur-
ros have virtually no predators, their herd sizes can 
double approximately every four years. 
TITLE 
I—LISTING 
OF 
ENDAN-
GERED 
SPECIES 
AND 
THREATENED SPECIES 
SEC. 101. BEST SCIENTIFIC AND COMMERCIAL DATA AVAIL-
ABLE. 
(a) DEFINITION.—Section 3 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1532) is amended by inserting 
after paragraph (1) the following: 
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‘‘(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 En-
dangered Species Act of 1973 (relating to amendments to 
current law that have executed) is amended to read as fol-
lows: 
‘‘SEC. 13. AVAILABILITY OF BEST SCIENTIFIC AND ECO-
NOMIC DATA. 
‘‘In each case in which the Secretary is required by 
this Act to use the best scientific and economic data avail-
able, the Secretary shall make such data available to the 
public.’’. 
SEC. 102. CONSIDERATION OF PETITIONS TO LIST SPECIES. 
(a) EXTENSION OF TIME PERIODS FOR CONSIDER-
ATION.—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 
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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 sub-
section (c) is not warranted, the Secretary shall not con-
sider 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 find-
ing. 
‘‘(ii) If the Secretary finds under subparagraph 
(B)(iii) that adding a species to a list published under sub-
section (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 
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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 para-
graph (3)(B)(ii) that adding a species to a list 
published under subsection (c) is warranted, the 
Secretary— 
‘‘(i) shall make such finding, sepa-
rately, 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 gen-
eral notice and the complete text of 
the analysis of costs and benefits re-
quired by this Act for the action and 
of a proposed regulation to implement 
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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 com-
ments on the findings of the proposed reg-
ulation and the analysis of costs and bene-
fits 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 sub-
mission of public comments under clause 
(iii), to— 
‘‘(I) each person that owns land 
or water on which the species is be-
lieved to occur; and 
‘‘(II) the Governor and wildlife 
department of each State, the legisla-
tive body of each county, the chair-
person of each Indian tribe with tribal 
lands, the mayors or city manager of 
each city, and the holder of each per-
mit for the conduct of activity on Fed-
eral land, in or on which the species 
is believed to occur; and 
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‘‘(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 EN-
DANGERED 
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 juris-
diction over any of such lands provides to the State— 
‘‘(A) detailed information regarding land man-
agement and conservation initiatives of the agency in 
the State to protect the habitat and the critical habi-
tat 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; 
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‘‘(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 encroach-
ment, and other predator species; 
‘‘(B) a copy of the agency’s appropriations re-
quest and justification of appropriations request for 
each of the preceding 5 fiscal years, specifically as 
it relates to efforts to address threats to such spe-
cies; 
‘‘(C) a proposed plan for conservation of habi-
tat of such species, with a clearly stated goals, 
that— 
‘‘(i) includes adequate regulatory mecha-
nisms, and identifies sufficient resources, to ac-
complish habitat conservation; 
‘‘(ii) a robust monitoring strategy to en-
sure the proposed plan is successfully con-
serving the species and its habitat; 
‘‘(iii) incorporates a strong adaptive man-
agement component to deal with uncertainties 
and unforeseen circumstances that may require 
action; 
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‘‘(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, in-
cluding 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 estab-
lished for a State. 
(2) NATIONAL
FOREST
SYSTEM
LAND.—The 
term ‘‘National Forest System lands’’ refers to the 
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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 ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Agriculture, with re-
spect to National Forest System lands; and 
(B) the Secretary of the Interior, with re-
spect 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, displace-
ment of habitat by invasive plant species, other habi-
tat encroachments, over-grazing by wild horses and 
burros, and predation (including by predators pro-
tected by the Migratory Bird Treaty Act (16 U.S.C. 
703 et seq.)). 
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SEC. 202. PROTECTION AND CONSERVATION MEASURES TO 
ALLEVIATE THREATS TO ENDANGERED OR 
THREATENED SPECIES AND TO PREVENT AD-
DITIONAL 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 In-
dian tribe, or a private entity to address threats to an en-
dangered 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 manage-
ment activities, conservation programs, and pilot projects 
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conducted under this section may involve any of the fol-
lowing: 
(1) Fire suppression, pre-treatment, fuels man-
agement, and fuel breaks. 
(2) Invasive species control and response to en-
croachment 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 tar-
geted grazing. 
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SEC. 203. FEDERAL/STATE ENDANGERED SPECIES COUN-
CILS. 
(a) COUNCILS REQUIRED.—The Secretary of Agri-
culture 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 con-
servation 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 manage-
ment 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 administra-
tive purposes. 
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(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 EXCEP-
TIONS. 
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 endan-
gered or threatened species or to another species consid-
ered for listing as an endangered or threatened species 
shall be— 
(1) categorically excluded from the require-
ments relating to environmental assessments or envi-
ronmental 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 cul-
tural resources on public lands or National Forest 
System lands. 
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TITLE 
III—SMALL 
LANDS 
TRACTS 
CONVEYANCES 
TO 
SUPPORT SPECIES PROTEC-
TION 
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 author-
ized by title II. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) ADJACENT LANDHOLDER.—The term ‘‘ad-
jacent 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 In-
dian tribe) that shares one or more boundaries with 
an eligible Federal lands parcel and who makes a re-
quest to purchase an eligible Federal lands parcel. 
(2) ELIGIBLE FEDERAL LANDS PARCEL.—Sub-
ject to the exclusions specified in section 303(c), the 
term ‘‘eligible Federal lands parcel’’ means a parcel 
of Federal lands that— 
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(A) shares one or more boundaries with 
non-Federal land; 
(B) is located within the boundaries of an 
incorporated or unincorporated area with a pop-
ulation of at least 500 residents; and 
(C) is not subject to existing rights held by 
a non-Federal entity. 
(3) EXCEPTIONAL RESOURCE.—The term ‘‘ex-
ceptional resource’’ means a resource of scientific, 
historic, cultural, or recreational value on a parcel of 
Federal lands that would otherwise satisfy the defi-
nition 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 adminis-
tered by the Secretary of the Interior through 
the Bureau of Land Management, the Bureau 
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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 Renew-
able 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 ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Agriculture, with re-
spect to National Forest System land; and 
(B) the Secretary of the Interior, with re-
spect to public lands and other lands adminis-
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tered 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 par-
cel for conveyance under this section— 
(A) in response to a request submitted by 
an adjacent landholder or other prospective pur-
chaser; or 
(B) upon the recommendation of the offi-
cial 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 pur-
chaser may request the selection of a Federal 
lands parcel for conveyance under this title. 
(B) GUIDELINES.—To the maximum ex-
tent practicable, the process shall be consistent 
with other public purchase request processes 
used by the Secretary concerned to convey Fed-
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eral 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 para-
graph (1)(B) submits a request or recommendation 
for the selection of a Federal lands parcel for con-
veyance 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 RE-
QUEST.—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 defini-
tion of eligible Federal lands parcel the 
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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 deter-
mination. 
(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 spe-
cifically 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 
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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 re-
source. 
(2) Federal lands that are habitat for an en-
dangered 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. 
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(14) A unit of the national wild and scenic riv-
ers 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 Fed-
eral 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 bid-
ding 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 con-
cerned may reject any offer made under this section that 
does not offer the minimum consideration required by sec-
tion 305. A prospective purchaser shall be given an oppor-
tunity to appeal the rejection. 
(d) COMPLIANCE WITH LOCAL PLANNING AND ZON-
ING.—As a condition of the conveyance of an eligible pub-
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lic lands parcel under this title, the Secretary concerned 
shall require the purchaser of the parcel to agree to com-
ply with all local land use ordinances and any master zon-
ing plan applicable to the parcel or the adjacent non-Fed-
eral land. 
(e) FORM OF CONVEYANCE.—When an eligible Fed-
eral lands parcel is to be sold under this title, the Sec-
retary 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 Sec-
retary concerned rejects such appraisal within 45 days 
after submission. In the case of the rejection of the ap-
praisal, the Secretary concerned shall cause another ap-
praisal to be conducted, within 30 days, in accordance 
with the regulations regarding appraisals issued under 
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section 206(f) of the Federal Land Policy and Manage-
ment 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 dis-
tribution of consideration received under section 305. 
(b) COLLECTION.—Funds collected from the convey-
ance 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 Treas-
ury fund created under subsection (a) shall be distributed 
annually only to those States in which the Federal govern-
ment 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 
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(2) the remaining 25 percent shall be distrib-
uted 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.). 
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SEC. 307. PAYMENT OF COSTS OF CONVEYANCE. 
(a) PAYMENT OF COSTS REQUIRED.—The Secretary 
concerned shall require the purchaser of an eligible Fed-
eral 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 sur-
vey and appraisal costs, costs for environmental docu-
mentation, 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 convey-
ance, 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 
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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 require-
ment to prepare an environmental assessment or an envi-
ronmental impact statement under the National Environ-
mental 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 En-
dangered Species Act of 1973 (16 U.S.C. 1533) is amend-
ed— 
(1) in subsection (c)— 
(A) by striking ‘‘(1)’’; and 
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(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 LIST-
ING IS WARRANTED.— 
‘‘(A) REQUIREMENT
TO
PROVIDE
NO-
TICE.—If the Secretary determines under para-
graph (1)(B)(ii) that a species is warranted to 
be listed, the Secretary shall promptly provide 
to each person described in subparagraph (B), 
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in writing and by not later than the end of the 
60-day period beginning on the date of the de-
termination— 
‘‘(i) the findings of the review, includ-
ing the method used for determining cur-
rent 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 regu-
latory 
mechanisms 
and 
on-the-ground 
projects the Federal government is car-
rying 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. 
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‘‘(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 author-
izing 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 Gov-
ernor of the State, shall hold a hearing in such 
State to inform the public of such determina-
tion, by not later than 6 months after the end 
of such period.’’. 
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TITLE 
V—PRIVATE 
PROPERTY 
AND 
FIFTH 
AMENDMENT 
TAKINGS 
SEC. 501. DESIGNATION OF CRITICAL HABITAT DEEMED A 
TAKING FOR WHICH COMPENSATION IS RE-
QUIRED. 
(a) DESIGNATION DEEMED TAKING.—Any designa-
tion of critical habitat under the Endangered Species Act 
of 1973 (16 U.S.C. 1351 et seq.) that øinvolves/imposes?¿ 
restrictions on uses of land is deemed to be a regulatory 
taking of property for which fair-value compensation is re-
quired 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 re-
quired under this section for a designation of critical habi-
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tat 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 cur-
rent 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 de-
scribing— 
(1) the species protection and conservation 
measures being conducted in each State under title 
II; 
(2) the acres of habitat fragmentation on Fed-
eral lands for threatened species or endangered spe-
cies or species proposed for listing under the Endan-
gered Species Act of 1973 as threatened species or 
endangered species due to wildfire, invasive species, 
and wild horses and burros; 
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(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 percent-
age 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. 
Æ 
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