property and shall provide financial conservation assist-
ance (in this section referred to as ‘aid’) to alleviate the 
burden of conservation measures imposed upon private 
property owners. The Secretary may provide technical as-
sistance when requested to enhance the conservation ef-
fects of grants or aid. 
‘‘(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 
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.—The Secretary shall 
award aid to private property owners who received a writ-
ten determination under section 10(k) finding the pro-
posed use of the private property would not comply with 
section 9(a), in an amount no less than the fair market 
value of the use that was proposed by the property owner 
if— 
‘‘(1) the owner has foregone the proposed use; 
‘‘(2) the owner has requested financial aid with-
in 180 days of receiving a written determination 
that the proposed use would not comply with section 
(9)(a); and 
‘‘(3) the foregone proposed use was not, as 
demonstrated by the Secretary, considered a nui-
sance based upon long-standing background prin-
ciples of nuisance and property law as understood 
within the State in which the property is situated. 
‘‘(e) DISTRIBUTION OF GRANTS AND AID.—(1) The 
Secretary shall pay eligible aid— 
‘‘(A) within 180 days after receipt of a re-
quest for aid unless there are unresolved ques-
tions regarding fair market value; or 
‘‘(B) at the resolution of any questions 
concerning fair market value of the forgone pro-
posed use of the private property. 
‘‘(2) If the Secretary and the property owner are un-
able to reach agreement as to fair market value within 
270 days from the initial date of the request, the Secretary 
shall make a best and final offer. 
‘‘(3) All grants shall be paid on the last day of the 
fiscal year. Aid shall be paid based on the date of the ini-
tial request. If sufficient funds are unavailable to pay all 
aid and grants, aid shall be awarded first. If sufficient 
funds are not available to pay all aid, aid requests shall 
remain an obligation and be paid in the future without 
further action on the part of the property owner. If suffi-
cient funds are not available to pay an aid award in full, 
the Secretary shall pay any remaining balance when funds 
next become available.
‘‘(f) FAIR MARKET VALUE.—For purposes of this 
section the term ‘fair market value’ means an amount 
equal to the fair market value of the forgone use of the 
affected portion of the private property including business 
losses when use is forgone following a written determina-
tion by the Secretary under section 10(k) that the pro-
posed use would violate section 9(a). The property owner 
shall establish the fair market value and such a fair mar-
ket value shall be considered a rebuttable presumption. 
Ambiguities regarding fair market value shall be resolved 
in favor of the property owner. 
‘‘(g) INSUFFICIENT FUNDS.—The Secretary shall 
pay the aid required by this section from any funds avail-
able to the Secretary that are not mandated by law to 
be spent for other activities or obligations. If sufficient 
funds are not available the Secretary shall promptly seek 
additional funds for such purpose. 
‘‘(h) 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. 15. 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 
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