Appropriations Act of 2001 (Public Law 106–554; 
114 Stat. 2763A–171) by the Director of the Office 
of Management and Budget and the Secretary; 
‘‘(ii) data consists of empirical data; or 
‘‘(iii) data is found in sources that have been 
subject to peer review by qualified individuals rec-
ommended by the National Academy of Sciences to 
serve as independent reviewers for a covered action 
in a generally acceptable manner.’’. 
(b) PERMIT OR LICENSE APPLICANT.—Section 3 (16 
U.S.C. 1532) is further amended by amending paragraph 
(13), as so redesignated, to read as follows: 
‘‘(13) The term ‘permit or license applicant’ means, 
when used with respect to an action of a Federal agency 
that is subject to section 7(a) or (b), any person that has 
applied to such agency for a permit or license or for formal 
legal approval to perform an act.’’. 
(c) CONFORMING AMENDMENT.—Section 7(n) (16 
U.S.C. 1536(n)) is amended by striking ‘‘section 3(13)’’ 
and inserting ‘‘section 3(14)’’. 
(d) CONFORMING
AMENDMENT.—Section 3 (16 
U.S.C. 1532) is further amended in paragraph (18), as 
redesignated by subsection (a) of this section, by striking 
‘‘Trust Territory of the Pacific Islands’’ and inserting 
‘‘Commonwealth of the Northern Mariana Islands’’.
SEC. 4. DETERMINATIONS OF ENDANGERED SPECIES AND 
THREATENED SPECIES. 
(a) REQUIREMENT TO MAKE DETERMINATIONS.—
Section 4 (16 U.S.C. 1533) is amended by striking so 
much as precedes subsection (a)(3) and inserting the fol-
lowing: 
‘‘DETERMINATION OF ENDANGERED SPECIES AND 
THREATENED SPECIES 
‘‘SEC. 4. (a) IN GENERAL.—(1) The Secretary shall 
by regulation promulgated in accordance with subsection 
(b) determine whether any species is an endangered spe-
cies or a threatened species because of any of the following 
factors: 
‘‘(A) The present or threatened destruction, 
modification, or curtailment of its habitat or range 
by human activities, competition from other species, 
drought, fire, or other catastrophic natural causes. 
‘‘(B) 
Overutilization 
for 
commercial, 
rec-
reational, scientific, or educational purposes. 
‘‘(C) Disease or predation. 
‘‘(D) The inadequacy of existing regulatory 
mechanisms, including any efforts identified pursu-
ant to subsection (b)(1). 
‘‘(E) Other natural or manmade factors affect-
ing its continued existence.
‘‘(2) The Secretary shall use the authority provided 
by paragraph (1) to determine any distinct population of 
any species of vertebrate fish or wildlife to be an endan-
gered species or a threatened species only sparingly.’’. 
(b) 
BASIS
FOR
DETERMINATION.—Section 
4(b)(1)(A) (16 U.S.C. 1533(b)(1)(A)) is amended—
(1) by striking ‘‘best scientific and commercial 
data available to him’’ and inserting ‘‘best available 
scientific data’’; and 
(2) by inserting ‘‘Federal agency, any’’ after 
‘‘being made by any’’. 
(c) LISTS.—Section 4(c)(2) (16 U.S.C. 1533(c)(2)) 
is amended to read as follows: 
‘‘(2)(A) The Secretary shall—
‘‘(i) conduct, at least once every 5 years, 
based on the information collected for the bien-
nial reports to the Congress required by para-
graph (3) of subsection (f), a review of all spe-
cies included in a list that is published pursuant 
to paragraph (1) and that is in effect at the 
time of such review; and 
‘‘(ii) determine on the basis of such review 
and any other information the Secretary con-
siders relevant whether any such species 
should—