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 cir-
cumstances that could appreciably reduce the likeli-
hood of the survival and recovery of any species cov-
ered by the plan; and’’; 
(2) in subparagraph (B) by striking ‘‘and’’ after 
the semicolon at the end of clause (iv), by redesig-
nating clause (v) as clause (vi), and by inserting after 
clause (iv) the following: 
‘‘(v) the term of the permit is reasonable, taking 
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 imple-
ment 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 offered by the Secretary 
pursuant to paragraph (2)(B) to reduce or offset the im-
pacts of incidental taking shall be roughly proportional to 
the impact of the incidental taking specified in the con-
servation plan pursuant to in paragraph (2)(A)(i). This 
paragraph shall not be construed to limit the authority of 
the Secretary to require greater than acre-for-acre mitiga-
tion 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 suc-
cessful implementation and shall be consistent with the ob-
jective of the applicant to the greatest extent possible. 
‘‘(4)(A) If the holder of a permit issued under this sub-
section for other than scientific purposes is in compliance 
with the terms and conditions of the permit, and any con-
servation 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, require 
only such additional minimization, mitigation, or other 
measures as are already provided in the permit or incor-
porated 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 in-
volve the commitment of any additional land, water, or fi-
nancial compensation not otherwise committed, or the im-
position of additional restrictions on the use of any land, 
water or other natural resources otherwise available for de-
velopment or use, under the original terms and conditions 
of the permit or incorporated document. 
‘‘(D) The Secretary shall have the burden of proof in 
demonstrating and documenting, with the best available sci-
entific data, the occurrence of any changed circumstances 
for purposes of this paragraph. 
‘‘(E) All permits issued under this subsection on or 
after the date of the enactment of the Threatened and En-
dangered Species Recovery Act of 2005, other than permits 
for scientific purposes, shall contain the assurances con-