shall have the burden of proof in demonstrating and documenting, with the best available scientific data, the occurrence of any changed circumstances for purposes of this section. . 3. No net loss A critical habitat designation or listing of a species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) shall not result in a net loss of acreage, permits, or leases within grazing allotments or other multiple use activities. 4. Presence of a species The presence of critical habitat or a species listed under the Endangered Species Act shall not the result in the denial of any Federal permit, lease, or expansion of multiple use activities based on the presence of the species or habitat. 5. Consultation requirement The Secretary may not designate lands as critical habitat unless, before such designation, the Secretary— (1) consults with each community, county, municipality, city, town, or township with boundaries within or adjacent to lands affected by such designation