(a) The Secretary may issue a permit to an applicant that authorizes an incidental taking of the Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat if:
(1) The applicant submits a conservation plan to the Department that specifies:
(i) The impact that will likely result from the incidental taking;
(ii) The steps that the applicant will take to minimize and mitigate the impact;
(iii) The funding that will be available to implement the steps;
(iv) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and
(v) Any other measures that the Secretary requires as being necessary or appropriate for the purposes of the plan; and
(2) The Secretary finds that:
(i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat in the wild;
(ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking;
(iii) Adequate funding for the conservation plan is available and the plan will be implemented; and
(iv) The applicant has obtained the required federal authorization for the incidental taking of the Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat.
(b) The Secretary may adopt regulations to implement and enforce this section.