Sec. 5. Private party conservation grants
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Section 13 (consisting of amendments to other laws, which have executed) is amended to read as follows: The Secretary may provide conservation grants (in this section referred to as ‘grants’) to promote the voluntary conservation of endangered 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 effects of grants or aid. Grants to promote conservation of endangered species and threatened species on private property— may not be used to fund litigation, general education, general outreach, lobbying, or solicitation; may not be used to acquire leases or easements of more than 50 years duration or fee title to private property; must be designed to directly contribute to the conservation of an endangered species or threatened species by increasing the species’ numbers or distribution; and must be supported by any private property owners on whose property any grant funded activities are carried out.
Priority shall be accorded among grant requests in the following order: Grants that promote conservation of endangered 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. Grants that develop, promote, or use techniques to increase the distribution or population of an endangered species or threatened species on private property. Other grants that promote voluntary conservation of endangered species or threatened species on private property.
The Secretary shall award aid to private property owners who— received a written determination under section 10(l) finding that the proposed use of private property would not comply with section 9(a); or receive notice under section 10(l)(10) that a written determination has been withdrawn. Aid shall be in an amount no less than the fair market value of the use that was proposed by the property owner if— the owner has foregone the proposed use; the owner has requested financial aid— within 180 days after the Secretary’s issuance of a written determination that the proposed use would not comply with section 9(a); or within 180 days after the property owner is notified of a withdrawal under section 10(l)(10); and the foregone use would be lawful under State and local law and the property owner has demonstrated that the property owner has the means to undertake the proposed use.
The Secretary shall pay eligible aid— within 270 days after receipt of a request for aid unless there are unresolved questions regarding the fair market value; or at the resolution of any questions concerning the fair market value established under subsection (g). 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. Within 30 days after 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 property owner are unable to reach an agreement, then, within 60 days after the request for aid, the Secretary shall determine how the property owner’s foregone use shall be documented 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 transfer of title. 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 account the likelihood that the foregone use would be approved under State and local law. The fair market value shall be determined within 180 days after the documentation of the foregone use. The fair market value shall be determined 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 this subsection, the Secretary shall promulgate regulations regarding selection of the jointly selected appraisers under this subsection. Any person receiving aid under this section may not receive additional aid under this section for essentially the same foregone use of the same property and for the same period of time. 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 Natural Resources of the House of Representatives and the Environment and Public Works Committee of the Senate and make such report electronically available to the general public on the internet. .
Section 10 ( 16 U.S.C. 1539 ) (as amended by section 4) is further amended by adding at the end the following: A property owner (in this subsection referred to as a requestor ) may request the Secretary to make a written determination that a proposed use of the owner’s property that is lawful under State and local law will comply with section 9(a), by submitting a written description of the proposed action to the Secretary by certified mail. A written description of a proposed use is deemed to be sufficient for consideration by the Secretary under paragraph
(1)if the description includes— the nature, the specific location, the lawfulness under State and local law, and the anticipated schedule and duration of the proposed use, and a demonstration that the property owner has the means to undertake the proposed use; and any anticipated adverse impact to a species that is included on a list published under 4(c)(1) that the requestor reasonably expects to occur as a result of the proposed use. The Secretary may request and the requestor may supply any other information that either believes will assist the Secretary to make a determination under paragraph (1). If the Secretary does not make a determination pursuant to a request under this subsection because of the omission from the request of any information described in paragraph (2), the requestor may submit a subsequent request under this subsection for the same proposed use. Subject to subparagraph (B), the Secretary shall provide to the requestor a written determination of whether the proposed use, as proposed by the requestor, will comply with section 9(a), by not later than expiration of the 180-day period beginning on the date of the submission of the request. The Secretary may request, and the requestor may grant, a written extension of the period under subparagraph (A). The Secretary may extend the period that applies under paragraph
(5)by up to 180 days if— the Secretary, after consideration of the best available science, demonstrates that seasonal or biological considerations preclude a determination within the period that would otherwise apply; and the requestor consents to such extension. If the Secretary fails to provide a written determination before the expiration of the period under paragraph (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). This subsection shall not apply with respect to agency actions that are subject to consultation under section 7. Any use or action taken by the property owner in reasonable reliance on a written determination of compliance under paragraph
(5)or on the application of paragraph
(6)shall not be treated as a violation of section 9(a). Any determination of compliance under this subsection shall remain effective— in the case of a written determination provided under paragraph (5)(A), for the 10-year period beginning on the date the written determination is provided; or 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 determination. The Secretary may withdraw a determination of compliance under this section only if the Secretary determines that, because of unforeseen changed circumstances, the continuation of the use to which the determination 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 Secretary, by certified mail, notice of the withdrawal. .
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Sec. 5
Private party conservation grants
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