; (9) in response to the designation, James Doyle, as a member of the Habitat Conservation Plan Steering Committee, worked with other landowners, as well as Federal, State, and county officials, to create a Habitat Conservation Plan covering Washington County that would have allowed James Doyle to develop a portion of his land; (10) the United States Fish and Wildlife Service rejected the plan, stating that the plan set aside insufficient land to protect the tortoise; (11) James Doyle and the Steering Committee prepared a revised Habitat Conservation Plan, which the United States Fish and Wildlife Service approved on February 23, 1996; (12) the approved Habitat Conservation Plan allowed the development of 350,000 acres of tortoise habitat, and set aside 61,022 acres, including all of James Doyle’s land, as protected tortoise habitat reserve where no development was allowed; (13) to this end, the Habitat Conservation Plan expressly provided that the United States Fish and Wildlife Service would issue no incidental take permits for desert tortoises on reserve lands; (14) in return for placing the land in the tortoise reserve, the United States promised that it would acquire title to all of the private land, including James Doyle’s, by exchange or purchase at fair market value; (15) despite extensive negotiations, the United States acquired only about 400 acres of James Doyle’s land for the tortoise reserve, leaving the remainder of his acreage vacant and unproductive; (16) as the years passed, James Doyle’s inability to develop or sell this remaining acreage resulted in severe financial limitations, leaving him unable to service the mortgages he had incurred on the land to finance acquisition and development costs; (17) on March 30, 2004, unable to develop, exchange, or sell the land, in which James Doyle had invested millions of dollars, James Doyle was forced to seek bankruptcy protection