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(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:
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‘‘(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.
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‘‘(b) AWARDING OF GRANTS AND AID.—Grants to 
promote conservation of endangered species and threat-
ened species 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 
distribution; and 
‘‘(4) must be supported by any private property 
owners on whose property any grant funded activi-
ties are carried out. 
‘‘(c) PRIORITY.—Priority shall be accorded among 
grant requests in the following order: 
‘‘(1) Grants that promote conservation of en-
dangered 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
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an endangered species or threatened species on pri-
vate 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 
section 10(k) finding that the proposed use of pri-
vate 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 
proposed 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