; and (ii) 1 shall be chosen by the owner or lessee. (B) Failure to agree on fair market value (i) In general If the appraisers chosen under subparagraph (A) fail to agree on the same fair market value, the Secretary and the owner shall jointly select an additional licensed independent appraiser to determine the fair market value. (ii) Extension of time to make determination The licensed independent appraiser described in clause (i) shall determine the fair market value not later than 270 days after the date on which the agency action takes place. (C) Costs The Secretary shall be responsible for all costs relating to the determination of fair market value made under this paragraph. . (c) Penalties and enforcement Section 11(g)(4) of the Endangered Species Act ( 16 U.S.C. 1540(g)(4) ) is amended by striking attorney and . (d) Conforming amendment Section 6(d)(1) of the Endangered Species Act ( 16 U.S.C. 1535(d)(1) ) is amended by striking the status of candidate species pursuant to subparagraph (C) of section 4(b)(3) and . 5. Amendment to the Migratory Bird Treaty Act Section 2 of the Migratory Bird Treaty Act ( 16 U.S.C. 703 ) is amended by adding at the end the following: (c) Exception for black vultures Subsection (a) shall not apply to any black vulture (Coragyps atratus) that an individual reasonably believes to be endangering any real or personal property, including— (1) livestock; (2) a vehicle; and (3) a building. (d) Exception for ravens Subsection (a) shall not apply to any action relating to the population control of the raven (Corvus corax) in any area in which predation by a raven poses a risk, as determined by the applicable State wildlife management agency, to an effort to recover a member of a species that is— (1) listed by the Secretary of the Interior as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 )