spect to industries for which substantial information 
exists regarding the extent and nature of incidental 
take of migratory birds caused by such industry and 
the efficacy and practicability of best management 
practices and technologies in reducing such inci-
dental take. 
‘‘(2) COMMERCIAL ACTIVITIES WITH SPECIFIC 
DEADLINES.—The Secretary shall issue general per-
mits under subsection (b)— 
‘‘(A) not later than 5 years after the date 
of enactment of this Act with respect to— 
‘‘(i) oil, gas, and wastewater disposal 
pits; 
‘‘(ii) methane and other gas burner 
pipes; 
‘‘(iii) communication towers; 
‘‘(iv) electric transmission and dis-
tribution lines; and 
‘‘(v) wind power generation facilities; 
and 
‘‘(B) not later than 8 years after the date 
of enactment for this Act with respect to solar 
powered generation facilities. 
‘‘(f) MITIGATION FEE.—The mitigation fee for each 
general permit shall be the amount that the Secretary de-
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termines reasonably compensates, through habitat restora-
tion or other appropriate measures, for any incidental take 
of migratory birds that results from the covered commer-
cial activity after the application of any mitigation meas-
ures specified by the Secretary under subsection (b)(2). 
Such determination shall be, to the maximum extent prac-
ticable, based on objective and standardized metrics such 
as the size or capacity of a facility for which a person 
seeks coverage. 
‘‘(g) ENDANGERED SPECIES ACT OF 1973 AND NA-
TIONAL ENVIRONMENTAL POLICY ACT.—Before issuing a 
general permit pursuant to subsection (b), the Secretary 
shall consult the United States Fish and Wildlife Service 
and the National Marine Fisheries Service pursuant to 
section 7(a)(2) of the Endangered Species Act of 1973 
(16 U.S.C. 1536(a)(2)), and prepare an Environmental 
Impact Statement pursuant to section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)). 
‘‘(h) PERSONS SEEKING AUTHORIZATION FOR INCI-
DENTAL TAKE.—Except as provided in subsection (i), a 
person is authorized to incidentally take migratory birds 
if such person is engaged in a commercial activity with 
respect to which a general permit has been issued under 
subsection (b) and such person— 
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‘‘(1) notifies the Secretary in writing that such 
person is accepting coverage under such permit; 
‘‘(2) annually certifies, in writing, to the Sec-
retary that such person is in compliance with this 
Act and maintains records demonstrating such com-
pliance; 
‘‘(3) adopts each best management practice or 
technology specified by the Secretary under sub-
section (b)(2); 
‘‘(4) pays the mitigation fee specified by the 
Secretary under subsection (b)(3) at the time such 
person notifies the Secretary pursuant to paragraph 
(1), and annually thereafter; and 
‘‘(5) pays the permit fee specified by the Sec-
retary under subsection (b)(4) at the time such per-
son notifies the Secretary pursuant to paragraph 
(1). 
‘‘(i) VIOLATION OF TERMS OF GENERAL PERMIT.— 
The Secretary shall end the coverage of a person under 
a general permit if such person does not fulfill the require-
ments to maintain such permit under subsection (h). 
‘‘(j) DURATION OF COVERAGE UNDER A GENERAL 
PERMIT.—Except as provided in subsection (i), a person 
authorized to take migratory birds pursuant to a general 
permit shall be subject to the terms of such general permit 
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for a period of ten years beginning on the date such person 
is first authorized for such take, irrespective of different 
terms in a subsequently issued general permit. 
‘‘(k) PLATFORM FOR EFFICIENT CERTIFICATION.— 
The Secretary shall establish a web-based platform or 
other efficient mechanism for persons to file a certification 
and pay the fees required by subsection (h) without requir-
ing individualized review. 
‘‘(l) INDIVIDUAL PERMITS.—The Secretary may pro-
vide a permit on an individual basis to incidentally take 
migratory birds to a person engaged in a commercial activ-
ity for which authorizing regulations have not been issued. 
Each individual permit shall— 
‘‘(1) identify the commercial activity to which 
the permit applies; 
‘‘(2) specify the duration of the permit, not to 
exceed 10 years; 
‘‘(3) specify the amount and nature of inci-
dental take authorized by the permit; 
‘‘(4) specify best management practices or tech-
nologies that the Secretary has determined are prac-
ticable and effective in avoiding or minimizing the 
incidental take of migratory birds by such commer-
cial activity; 
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‘‘(5) specify a mitigation fee in an amount the 
Secretary determines is sufficient to reasonably com-
pensate, through habitat restoration or other appro-
priate measures, for any incidental take of migratory 
birds that results from such commercial activity; 
‘‘(6) specify a permit fee, to be paid at the time 
such person submits a certification to the Secretary 
pursuant to paragraph (7), to offset the cost of de-
veloping and revising such permit and administering 
the research program established under subsection 
(r); 
‘‘(7) require such person to submit to the Sec-
retary an annual certification demonstrating such 
person’s compliance with the terms of the permit; 
‘‘(8) provide for the terms of the permit to be 
revised during the duration of such permit if new in-
formation indicates that— 
‘‘(A) the extent or nature of the incidental 
take of migratory birds caused by such commer-
cial activities is significantly different than was 
understood at the time such permit was issued; 
or 
‘‘(B) new best management practices, tech-
nologies or other measures can significantly re-
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