SEC. 13. EXCEPTIONS TO PROHIBITIONS. 
(a) INCIDENTAL TAKE PERMITS.—Section 10(a)(2) 
(16 U.S.C. 1539(a)(2)) is amended— 
(1) in subparagraph (A) by striking ‘‘and’’ after 
the semicolon at the end of clause (iii), by redesig-
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; 
‘‘(v) measures the applicant will take to 
monitor impacts of the plan on covered species 
and the effectiveness of the plan’s measures in 
achieving the plan’s biological goals; and 
‘‘(vi) adaptive management provisions nec-
essary to respond to all reasonably foreseeable 
changes in circumstances that could appreciably 
reduce the likelihood of the survival and recov-
ery of any species covered by the plan’’; 
(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, 
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 
enhance the conservation of covered spe-
cies; 
‘‘(III) the adequacy of information 
underlying the plan; 
‘‘(IV) the length of time necessary to 
implement and achieve the benefits of the 
plan; and 
‘‘(V) the scope of the plan’s adaptive 
management strategy; and’’; and 
(3) by striking subparagraph (C) and inserting 
the following: 
‘‘(3) Any terms and conditions offered by the Sec-
retary pursuant to paragraph (2)(B) to reduce or offset 
the impacts of incidental taking shall be roughly propor-
tional to the impact of the incidental taking specified in 
the conservation plan pursuant to in paragraph (2)(A)(i). 
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 
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