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‘‘(C) the foregone use would be lawful under 
State and local law and the property owner has dem-
onstrated that the property owner has the means to 
undertake the proposed use. 
‘‘(e) DISTRIBUTION OF GRANTS AND AID.—(1) The 
Secretary shall pay eligible aid— 
‘‘(A) within 270 days after receipt of a request 
for aid unless there are unresolved questions regard-
ing the fair market value; or 
‘‘(B) at the resolution of any questions con-
cerning the fair market value established under sub-
section (g). 
‘‘(2) All grants provided under this section shall be 
paid on the last day of the fiscal year. Aid shall be paid 
based on the date of the initial request. 
‘‘(f) DOCUMENTATION OF THE FOREGONE USE.— 
Within 30 days of the request for aid, the Secretary shall 
enter into negotiations with the property owner regarding 
the documentation of the foregone proposed use through 
such mechanisms that would benefit the species such as 
contract terms, lease terms, deed restrictions, easement 
terms, or transfer of title. If the Secretary and the prop-
erty owner are unable to reach an agreement, then, within 
60 days of the request for aid, the Secretary shall deter-
mine how the property owner’s foregone use shall be docu-
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mented to benefit the species with the least impact on the 
ownership interests of the property owner necessary to 
document the foregone use, which shall not include trans-
fer of title. 
‘‘(g) FAIR MARKET VALUE.—For purposes of this 
section, the fair market value of the foregone use of the 
affected portion of the private property, including business 
losses, is what a willing buyer would pay to a willing seller 
in an open market. Fair market value shall take into ac-
count the likelihood that the foregone use would be ap-
proved under State and local law. The fair market value 
shall be determined within 180 days of the documentation 
of the foregone use. The fair market value shall be deter-
mined jointly by 2 licensed independent appraisers, one 
selected by the Secretary and one selected by the property 
owner. If the 2 appraisers fail to agree on fair market 
value, the Secretary and the property owner shall jointly 
select a third licensed appraiser whose appraisal within an 
additional 90 days shall be the best and final offer by the 
Secretary. Within one year after the date of enactment 
of the Threatened and Endangered Species Recovery Act 
of 2005, the Secretary shall promulgate regulations re-
garding selection of the jointly selected appraisers under 
this subsection.
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‘‘(h) LIMITATION ON AID AVAILABILITY.—Any per-
son receiving aid under this section may not receive addi-
tional aid under this section for essentially the same fore-
gone use of the same property and for the same period 
of time. 
‘‘(i) ANNUAL REPORTING.—The Secretary shall by 
January 15 of each year provide a report of all aid and 
grants awarded under this section to the Committee on 
Resources of the House of Representatives and the Envi-
ronment and Public Works Committee of the Senate and 
make such report electronically available to the general 
public on the website required under section 14.’’. 
SEC. 14. PUBLIC ACCESSIBILITY AND ACCOUNTABILITY. 
Section 14 (relating to repeals of other laws, which 
have executed) is amended to read as follows: 
‘‘PUBLIC ACCESSIBILITY AND ACCOUNTABILITY 
‘‘SEC. 14. The Secretary shall make available on a 
publicly accessible website on the Internet— 
‘‘(1) each list published under section 4(c)(1); 
‘‘(2) all final and proposed regulations and de-
terminations under section 4; 
‘‘(3) the results of all 5-year reviews conducted 
under section 4(c)(2)(A); 
‘‘(4) all draft and final recovery plans issued 
under section 5(a), and all final recovery plans 
issued and in effect under section 4(f)(1) of this Act
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as in effect immediately before the enactment of the 
Threatened and Endangered Species Recovery Act of 
2005; 
‘‘(5) all reports required under sections 5(e) 
and 16, and all reports required under sections 
4(f)(3) and 18 of this Act as in effect immediately 
before the enactment of the Threatened and Endan-
gered Species Recovery Act of 2005; and 
‘‘(6) data contained in the reports referred to in 
paragraph (5) of this section, and that were pro-
duced after the date of enactment of the Threatened 
and Endangered Species Recovery Act of 2005, in 
the form of databases that may be searched by the 
variables included in the reports.’’. 
SEC. 15. ANNUAL COST ANALYSES. 
(a) ANNUAL
COST
ANALYSES.—Section 18 (16 
U.S.C. 1544) is amended to read as follows: 
‘‘ANNUAL COST ANALYSIS BY UNITED STATES FISH AND 
WILDLIFE SERVICE 
‘‘SEC. 18. (a) IN GENERAL.—On or before January 
15 of each year, the Secretary shall submit to the Con-
gress an annual report covering the preceding fiscal year 
that contains an accounting of all reasonably identifiable 
expenditures made primarily for the conservation of spe-
cies included on lists published and in effect under section 
4(c).