; and (2) with respect to the each of the Administrations described in subsection (b)(1) (except the Western Power Administration), on a systemwide basis. 12B. Property rights (a) Determination of proposed use of real property (1) In general Any owner or lessee of any real property may submit to the Secretary of the Interior an application that includes any proposed use of the real property. (2) Determination (A) In general Not later than 90 days after the date on which the application described in paragraph (1) is submitted, the Secretary of the Interior shall submit to the owner or lessee in writing a determination as to whether the proposed use will violate any provision of this Act. (B) Failure to respond If the Secretary of the Interior fails to respond before the expiration of the 90-day period described in subparagraph (A), the proposed use shall be considered to not violate any provision of this Act. (3) Effect of determinations (A) Affirmative defense It is an affirmative defense to any civil penalty assessed under section 11 or to any civil action, civil suit, or prosecution brought under that section that the owner or lessee of real property reasonably relied on a determination, including a determination that resulted under paragraph (2)(B), that a proposed use will not violate any provision of this Act. (B) Compensation for unfavorable determinations If the Secretary of the Interior determines that a proposed use will violate a provision of this Act, the owner or lessee of the real property may seek compensation in accordance with subsection (b). (b) Compensation for agency actions (1) Definitions In this subsection: (A) Agency action (i) In general The term agency action means any action taken by the Director of the United States Fish and Wildlife Service in accordance with this Act that diminishes the fair market value of any real property by not less than 50 percent with respect to the intended use of the real property. (ii) Exclusion The term agency action does not include any action taken with