‘‘(B) APPLICABILITY.—If the Governor of 
a State elects to regulate an intrastate endan-
gered species or an intrastate threatened spe-
cies under subparagraph (A), subparagraphs 
(B) and (C) of paragraph (2) shall apply. 
‘‘(C) JUDICIAL
REVIEW.—Any action by 
the Governor of a State under this subsection 
shall not be subject to judicial review in any 
court of the United States or in any State 
court.’’. 
(b) COST ACCOUNTING.—The Endangered Species 
Act of 1973 is amended by inserting after section 12 (16 
U.S.C. 1541) the following: 
‘‘SEC. 12A. COST ACCOUNTING REPORT. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DIRECT COSTS.—The term ‘direct costs’ 
includes— 
‘‘(A) Federal agency obligations related to 
the cost of any study; 
‘‘(B) capital, operation, maintenance, and 
replacement costs; and 
‘‘(C) staffing costs. 
‘‘(2) INDIRECT
COSTS.—The term ‘indirect 
costs’ includes foregone power generation costs and 
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replacement power costs, including the net costs of 
any transmission of power. 
‘‘(b) COST OF COMPLIANCE.— 
‘‘(1) IN
GENERAL.—Except with respect to 
intrastate endangered species or intrastate threat-
ened species regulated by a Governor of a State 
under section 4(j), the Administrator of the Bonne-
ville Power Administration, the Administrator of the 
Southeastern Power Administration, the Adminis-
trator of the Southwestern Power Administration, 
and the Administrator of the Western Area Power 
Administration shall each include in a monthly bill-
ing statement submitted to each customer of the re-
spective Administration the share of the direct and 
indirect costs to the customer incurred by the Ad-
ministration related to complying with this Act. 
‘‘(2) ASSISTANCE IN IDENTIFYING COSTS.—The 
Director of the Bureau of Reclamation shall assist 
the administrators described in paragraph (1) with 
identifying the costs described in that paragraph. 
‘‘(c) REPORT.—Not later than January 30 of each 
year, each of the administrators described in subsection 
(b)(1), in coordination with the Director of the Bureau 
of Reclamation, shall submit to the Committee on Envi-
ronment and Public Works of the Senate and the Com-
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mittee on Natural Resources of the House of Representa-
tives a report estimating the costs described in subsection 
(b)(1)— 
‘‘(1) with respect to the Western Area Power 
Administration, on a project-by-project basis; and 
‘‘(2) with respect to each of the Administrations 
described in subsection (b)(1) (except the Western 
Power Administration), on a systemwide basis. 
‘‘SEC. 12B. PROPERTY RIGHTS. 
‘‘(a) DETERMINATION OF PROPOSED USE OF REAL 
PROPERTY.— 
‘‘(1) IN GENERAL.—Any owner or lessee of any 
real property may submit to the Secretary of the In-
terior an application that includes any proposed use 
of the real property. 
‘‘(2) DETERMINATION.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the date on which the application de-
scribed in paragraph (1) is submitted, the Sec-
retary of the Interior shall submit to the owner 
or lessee in writing a determination as to 
whether the proposed use will violate any provi-
sion of this Act. 
‘‘(B) FAILURE TO RESPOND.—If the Sec-
retary of the Interior fails to respond before the 
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expiration of the 90-day period described in 
subparagraph (A), the proposed use shall be 
considered to not violate any provision of this 
Act. 
‘‘(3) EFFECT OF DETERMINATIONS.— 
‘‘(A) AFFIRMATIVE DEFENSE.—It is an af-
firmative defense to any civil penalty assessed 
under section 11 or to any civil action, civil 
suit, or prosecution brought under that section 
that the owner or lessee of real property reason-
ably relied on a determination, including a de-
termination that resulted under paragraph 
(2)(B), that a proposed use will not violate any 
provision of this Act. 
‘‘(B) COMPENSATION FOR UNFAVORABLE 
DETERMINATIONS.—If the Secretary of the In-
terior determines that a proposed use will vio-
late a provision of this Act, the owner or lessee 
of the real property may seek compensation in 
accordance with subsection (b). 
‘‘(b) COMPENSATION FOR AGENCY ACTIONS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) AGENCY ACTION.— 
‘‘(i) IN GENERAL.—The term ‘agency 
action’ means any action taken by the Di-
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rector of the United States Fish and Wild-
life Service in accordance with this Act 
that diminishes the fair market value of 
any real property by not less than 50 per-
cent with respect to the intended use of the 
real property. 
‘‘(ii) EXCLUSION.—The term ‘agency 
action’ does not include any action taken 
with respect to intrastate endangered spe-
cies or intrastate threatened species regu-
lated by a Governor of a State under sec-
tion 4(j). 
‘‘(B) LESSEE.—The term ‘lessee’ means a 
lessee of any real property affected by an agen-
cy action. 
‘‘(C) OWNER.—The term ‘owner’ means an 
owner of any real property affected by an agen-
cy action. 
‘‘(2) COMPENSATION.—Except as provided in 
paragraph (3)(B), not later than 180 days after the 
date on which an agency action takes place, the Sec-
retary 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 paragraph 
(3). 
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‘‘(3) 
DETERMINATION
OF
FAIR
MARKET 
VALUE.— 
‘‘(A) IN GENERAL.—The fair market value 
described in paragraph (2) shall be determined 
by 2 licensed independent appraisers of whom— 
‘‘(i) one shall be chosen by the Sec-
retary; and 
‘‘(ii) one 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 ap-
praiser to determine the fair market value. 
‘‘(ii) EXTENSION OF TIME TO MAKE 
DETERMINATION.—The licensed indepen-
dent 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 re-
sponsible for all costs relating to the determina-
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