nating clause (iv) as clause (vii), and by inserting 
after clause (iii) the following: 
‘‘(iv) objective, measurable biological goals to be 
achieved for species covered by the plan and specific 
measures for achieving such goals consistent with 
the requirements of subparagraph (B); 
‘‘(v) measures the applicant will take to monitor 
impacts of the plan on covered species and the effec-
tiveness of the plan’s measures in achieving the 
plan’s biological goals; 
‘‘(vi) adaptive management provisions necessary 
to respond to all reasonably foreseeable changes in 
circumstances that could appreciably reduce the like-
lihood of the survival and recovery of any species 
covered by the plan; and’’; 
(2) in subparagraph (B) by striking ‘‘and’’ 
after the semicolon at the end of clause (iv), by re-
designating clause (v) as clause (vi), and by insert-
ing after clause (iv) the following: 
‘‘(v) the term of the permit is reasonable, tak-
ing into consideration—
‘‘(I) the period in which the applicant can 
be expected to diligently complete the principal 
actions covered by the plan;
‘‘(II) the extent to which the plan will en-
hance the conservation of covered species; 
‘‘(III) the adequacy of information under-
lying the plan; 
‘‘(IV) the length of time necessary to im-
plement and achieve the benefits of the plan; 
and 
‘‘(V) the scope of the plan’s adaptive man-
agement strategy; and’’; and 
(3) by striking subparagraph (C) and inserting 
the following: 
‘‘(3) Any terms and conditions required to reduce or 
offset the impacts of incidental taking or otherwise comply 
with the requirements of paragraph (2)(B) shall be rough-
ly proportional in extent to the impact of the incidental 
taking specified in the conservation plan pursuant to in 
paragraph (2)(A)(i). This paragraph shall not be con-
strued to limit the authority of the Secretary to require 
greater than acre-for-acre mitigation where necessary to 
address the extent of such impacts. In any case in which 
various terms and conditions are available, the terms and 
conditions shall be capable of successful implementation 
and shall be consistent with the objective of the applicant 
to the greatest extent possible.
‘‘(4)(A) If the holder of a permit issued under this 
subsection for other than scientific purposes is in compli-
ance with the terms and conditions of the permit, and any 
conservation plan or agreement incorporated by reference 
therein, the Secretary may not require the holder, without 
the consent of the holder, to adopt any new minimization, 
mitigation, or other measure with respect to any species 
adequately covered by the permit during the term of the 
permit, except as provided in subparagraphs (B) and (C) 
to meet circumstances that have changed subsequent to 
the issuance of the permit. 
‘‘(B) For any circumstance identified in the permit 
or incorporated document that has changed, the Secretary 
may, in the absence of consent of the permit holder, re-
quire only such additional minimization, mitigation, or 
other measures as are already provided in the permit or 
incorporated document for such changed circumstance. 
‘‘(C) For any changed circumstance not identified in 
the permit or incorporated document, the Secretary may, 
in the absence of consent of the permit holder, require only 
such additional minimization, mitigation, or other meas-
ures to address such changed circumstance that do not 
involve the commitment of any additional land, water, or 
financial compensation not otherwise committed, or the 
imposition of additional restrictions on the use of any
land, water or other natural resources otherwise available 
for development or use, under the original terms and con-
ditions of the permit or incorporated document. 
‘‘(D) The Secretary shall have the burden of proof 
in demonstrating and documenting, with the best available 
scientific data, the occurrence of any changed cir-
cumstances for purposes of this paragraph. 
‘‘(E) All permits issued under this subsection on or 
after the date of the enactment of the Threatened and 
Endangered Species Recovery Act of 2005, other than per-
mits for scientific purposes, shall contain the assurances 
contained in subparagraphs (B) through (D) of this para-
graph and paragraph (5)(A) and (B). Permits issued 
under this subsection on or after March 25, 1998, and 
before the date of the enactment of the Threatened and 
Endangered Species Recovery Act of 2005, other than per-
mits for scientific purposes, shall be governed by the appli-
cable sections of parts 17.22(b), (c), and (d), and 
17.32(b), (c), and (d) of title 50, Code of Federal Regula-
tions, as the same exist on the date of the enactment of 
the Threatened and Endangered Species Act of 2005. 
‘‘(5)(A) The Secretary shall revoke a permit issued 
under paragraph (2) if the Secretary finds that the per-
mittee is not complying with the terms and conditions of 
the permit.
‘‘(B) Any permit subject to paragraph (4)(A) may be 
revoked due to changed circumstances only if—
‘‘(i) the Secretary determines that continuation 
of the activities to which the permit applies would be 
inconsistent 
with 
the 
criteria 
in 
paragraph 
(2)(B)(iv); 
‘‘(ii) the Secretary provides 60 days notice of 
revocation to the permittee; and 
‘‘(iii) the Secretary is unable to, and the per-
mittee chooses not to, remedy the condition causing 
such inconsistency.’’. 
(b) EXTENSION OF PERIOD FOR PUBLIC REVIEW 
AND COMMENT ON APPLICATIONS.—Section 10(c) (16 
U.S.C. 1539(c)) is amended in the second sentence by 
striking ‘‘thirty’’ each place it appears and inserting ‘‘45’’. 
(c) EXPERIMENTAL POPULATIONS.—Section 10(j) 
(16 U.S.C. 1539(j)) is amended—
(1) in paragraph (1), by striking ‘‘For pur-
poses’’ and all that follows through the end of the 
paragraph and inserting the following: ‘‘For pur-
poses of this subsection, the term ‘experimental pop-
ulation’ means any population (including any off-
spring arising therefrom) authorized by the Sec-
retary for release under paragraph (2), but only 
when such population is in the area designated for