of the 180-day period beginning on the date of the submis-
sion of the request. 
‘‘(B) The Secretary may request, and the requestor 
may grant, a written extension of the period under sub-
paragraph (A). 
‘‘(6) If the Secretary fails to provide a written deter-
mination before the expiration of the period under para-
graph (5)(A) (or any extension thereof under paragraph 
(5)(B)), the Secretary is deemed to have determined that 
the proposed use complies with section 9(a). 
‘‘(7) This subsection shall not apply with respect to 
agency actions that are subject to consultation under sec-
tion 7. 
‘‘(8) Any use or action taken by the property owner 
in reasonable reliance on a written determination of com-
pliance under paragraph (5) or on the application of para-
graph (6) shall not be treated as a violation of section 
9(a). 
‘‘(9) Any determination of compliance under this sub-
section shall remain effective—
‘‘(A) in the case of a written determination pro-
vided under paragraph (5)(A), for the 10-year period 
beginning on the date the written determination is 
provided; or
‘‘(B) in the case of a determination that under 
paragraph (6) the Secretary is deemed to have 
made, the 5-year period beginning on the first date 
the Secretary is deemed to have made the deter-
mination. 
‘‘(10) The Secretary may withdraw a determination 
of compliance under this section only if the Secretary de-
termines that, because of unforeseen changed cir-
cumstances, the continuation of the use to which the de-
termination applies would preclude conservation measures 
essential to the survival of any endangered species or 
threatened species. Such a withdrawal shall take effect 5 
days after the date the requestor receives from the Sec-
retary, by certified mail, notice of the withdrawal. 
‘‘(11) The Secretary may extend the period that ap-
plies under paragraph (5) by up to 180 days if seasonal 
or biological considerations make a determination impos-
sible within the period that would otherwise apply.’’. 
(e) NATIONAL SECURITY EXEMPTION.—Section 10 
(16 U.S.C. 1539) is further amended by adding at the 
end the following: 
‘‘(l) NATIONAL SECURITY.—The President, after 
consultation with the appropriate Federal agency, may ex-
empt any act or omission from the provisions of this Act 
if such exemption is necessary for national security.’’.
(f) DISASTER DECLARATION
AND PROTECTION.—
Section 10 (16 U.S.C. 1539) is further amended by adding 
at the end the following: 
‘‘(m) DISASTER DECLARATION AND PROTECTION.—
(1) The President may suspend the application of any pro-
vision of this Act in any area for which a major disaster 
is declared under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 
‘‘(2) The Secretary shall, within one year after the 
date of the enactment of the Threatened and Endangered 
Species Recovery Act of 2005, promulgate regulations re-
garding application of this Act in the event of an emer-
gency (including circumstances other than a major dis-
aster referred to in paragraph (1)) involving a threat to 
human health or safety or to property, including regula-
tions—
‘‘(A) determining what constitutes an emer-
gency for purposes of this paragraph; and 
‘‘(B) to address imminent threats through expe-
dited consideration under or waiver of any provision 
of this Act.’’. 
(g) EXEMPTION FROM LIABILITY
FOR TAKE
OF 
LISTED AQUATIC SPECIES.—Section 10 (16 U.S.C. 1539) 
is amended by adding at the end the following:
‘‘(n) EXEMPTION FROM LIABILITY FOR TAKE OF 
LISTED AQUATIC SPECIES.—The operator of a water stor-
age reservoir, water diversion structure, canal, or other ar-
tificial water delivery facility shall not be in violation of 
section 9(a) by reason of any take of any aquatic species 
listed under section 4(c) that results from predation, com-
petition, or other adverse effects attributable to rec-
reational fishing programs managed by a State Agency in 
a river basin in which the water storage reservoir, water 
diversion structure, canal, or other artificial water delivery 
facility is located.’’. 
SEC. 13. PRIVATE PROPERTY CONSERVATION. 
Section 13 (consisting of amendments to other laws, 
which have executed) is amended to read as follows: 
‘‘PRIVATE PROPERTY CONSERVATION 
‘‘SEC. 13. (a) IN GENERAL.—The Secretary may pro-
vide conservation grants (in this section referred to as 
‘grants’) to promote the voluntary conservation of endan-
gered species and threatened species by owners of private 
property and shall provide financial conservation aid (in 
this section referred to as ‘aid’) to alleviate the burden 
of conservation measures imposed upon private property 
owners by this Act. The Secretary may provide technical 
assistance when requested to enhance the conservation ef-
fects of grants or aid.