circumstances other than a major disaster referred to in 
paragraph (1)) involving a threat to human health or safety 
or to property, including regulations— 
‘‘(A) determining what constitutes an emergency 
for purposes of this paragraph; and 
‘‘(B) to address immediate threats through expe-
dited consideration under or waiver of any provision 
of this Act.’’. 
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 own-
ers by this Act. The Secretary may provide technical assist-
ance when requested to enhance the conservation effects of 
grants or aid. 
‘‘(b) AWARDING OF GRANTS AND AID.—Grants to pro-
mote conservation of endangered species and threatened spe-
cies on private property—
‘‘(1) may not be used to fund litigation, general 
education, general outreach, lobbying, or solicitation; 
‘‘(2) may not be used to acquire leases or ease-
ments of more than 50 years duration or fee title to 
private property; 
‘‘(3) must be designed to directly contribute to 
the conservation of an endangered species or threat-
ened species by increasing the species’ numbers or dis-
tribution; and 
‘‘(4) must be supported by any private property 
owners on whose property any grant funded activities 
are carried out. 
‘‘(c) PRIORITY.—Priority shall be accorded among 
grant requests in the following order: 
‘‘(1) Grants that promote conservation of endan-
gered species or threatened species on private property 
while making economically beneficial and productive 
use of the private property on which the conservation 
activities are conducted. 
‘‘(2) Grants that develop, promote, or use tech-
niques to increase the distribution or population of 
an endangered species or threatened species on private 
property.
‘‘(3) Other grants that promote voluntary con-
servation of endangered species or threatened species 
on private property. 
‘‘(d) ELIGIBILITY FOR AID.—(1) The Secretary shall 
award aid to private property owners who— 
‘‘(A) received a written determination under sec-
tion 10(k) finding that the proposed use of private 
property would not comply with section 9(a); or 
‘‘(B) receive notice under section 10(k)(10) that 
a written determination has been withdrawn. 
‘‘(2) Aid shall be in an amount no less than the fair 
market value of the use that was proposed by the property 
owner if— 
‘‘(A) the owner has foregone the proposed use; 
‘‘(B) the owner has requested financial aid— 
‘‘(i) within 180 days of the Secretary’s 
issuance of a written determination that the pro-
posed use would not comply with section 9(a); or 
‘‘(ii) within 180 days after the property 
owner is notified of a withdrawal under section 
10(k)(10); and 
‘‘(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 180 days after receipt of a request 
for aid unless there are unresolved questions regard-
ing the documentation of the foregone proposed use or 
unresolved questions regarding the fair market value; 
or 
‘‘(B) at the resolution of any questions con-
cerning the documentation of the foregone use estab-
lished under subsection (f) or the fair market value es-
tablished under subsection (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 such as contract terms, lease terms, deed re-
strictions, easement terms, or transfer of title. If the Sec-
retary and the property owner are unable to reach an agree-
ment, then, within 60 days of the request for aid, the Sec-
retary shall determine how the property owner’s foregone 
use shall be documented with the least impact on the owner-
ship interests of the property owner necessary to document 
the foregone use. 
‘‘(g) FAIR MARKET VALUE.—For purposes of this sec-
tion, 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 account 
the likelihood that the foregone use would be approved under 
State and local law. The fair market value shall be deter-
mined within 180 days of the documentation of the foregone 
use. The fair market value shall be determined jointly by 
2 licensed independent appraisers, one selected by the Sec-
retary and one selected by the property owner. If the 2 ap-
praisers 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 binding on the Secretary and the private property 
owner. Within one year after the date of enactment of the 
Threatened and Endangered Species Recovery Act of 2005, 
the Secretary shall promulgate regulations regarding selec-
tion of the jointly selected appraisers under this subsection. 
‘‘(h) LIMITATION ON AID AVAILABILITY.—Any person 
receiving aid under this section may not receive additional 
aid under this section for the same foregone 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 Re-
sources of the House of Representatives and the Environ-
ment 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 acces-
sible 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 as in 
effect immediately before the enactment of the Threat-
ened 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)