as critical habitat without the express written consent of the owners of such non-federally owned property unless the Secretary determines there is a risk of extinction of a threatened or endangered species without such designation. (b) Compensation Except as provided in subsection (c)(2), not later than 180 days after the date on which an agency action takes place, the Secretary shall pay an owner or lessee an amount equal to 150 percent of the fair market value of the real property determined in accordance with subsection (c)(1). (c) Determination of fair market value (1) In general The fair market value described in subsection (b) shall be determined by 2 licensed independent appraisers of whom— (A) 1 shall be chosen by the Secretary