; and (ii) one shall be chosen by the owner or lessee. (B) Failure to agree on fair market value (i) In general If the appraisers chosen under subparagraph (A) fail to agree on the same fair market value, the Secretary and the owner shall jointly select an additional licensed independent appraiser to determine the fair market value. (ii) Extension of time to make determination The licensed independent appraiser described in clause (i) shall determine the fair market value not later than 270 days after the date on which the agency action takes place. (C) Costs The Secretary shall be responsible for all costs relating to the determination of fair market value made under this paragraph. . (c) Penalties and enforcement Section 11(g)(4) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(g)(4) ) is amended by striking attorney and . (d) Conforming amendment Section 6(d)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1535(d)(1) ) is amended by striking the status of candidate species pursuant to subparagraph (C) of section 4(b)(3) and .