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) Any permit described in subparagraph (A) 
issued before the date of the enactment of the Threatened 
and Endangered Species Recovery Act of 2005 that (or 
of which the incorporated agreement) contains provisions 
that do not materially differ in effect from the terms of 
this paragraph shall be governed by this paragraph. Any 
regulations promulgated prior to such date that do not 
materially differ in effect from the terms of this paragraph 
shall remain in effect unless and until they are amended. 
‘‘(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 (2)(B), by striking ‘‘informa-
tion’’ and inserting ‘‘scientific data’’; and 
(2) in paragraph (2)(C)(i), by striking ‘‘listed’’ 
and inserting ‘‘determined to be an endangered spe-
cies or a threatened species’’. 
(d) WRITTEN DETERMINATION OF COMPLIANCE.— 
Section 10 (16 U.S.C. 1539) is amended by adding at the 
end the following: 
‘‘(k) WRITTEN DETERMINATION OF COMPLIANCE.— 
(1) A property owner (in this subsection referred to as 
a ‘requester’) may request the Secretary to make a written 
determination that a proposed use of the owner’s property
will comply with section 9(a), by submitting a written de-
scription of the proposed action to the Secretary. 
‘‘(2) A written description of a proposed use is 
deemed to be sufficient for consideration by the Secretary 
under paragraph (1) if the description includes— 
‘‘(A) the nature, the specific location, and the 
anticipated schedule and duration of the proposed 
use; and 
‘‘(B) any incidental take of a species that is in-
cluded on a list published under 4(c)(1) that the re-
questor reasonably expects to occur as a result of 
the proposed use. 
‘‘(3) The requestor may supply any other information 
the requestor believes will assist the Secretary to make 
a determination under paragraph (1). 
‘‘(4) If the Secretary does not make a determination 
pursuant to a request under this subsection because of the 
omission from the request of any information described 
in paragraph (2), the requestor may submit a subsequent 
request under this subsection for the same proposed use. 
‘‘(5)(A) Subject to subparagraph (B), the Secretary 
shall provide to the requestor a written determination of 
whether the proposed use, as proposed by the requestor, 
will comply with section 9(a), by not later than expiration