available to the Secretary at the time of a decision 
or action for which such data are required by this 
Act and that the Secretary determines are the most 
accurate, reliable, and relevant for use in that deci-
sion or action. 
‘‘(B) Not later than one year after the date of 
the enactment of the Threatened and Endangered 
Species Recovery Act of 2005, the Secretary shall 
issue regulations that establish criteria that must be 
met to determine which data constitute the best 
available scientific data for purposes of subpara-
graph (A). 
‘‘(C) If the Secretary determines that data for 
a decision or action do not comply with the criteria 
established by the regulations issued under subpara-
graph (B), do not comply with guidance issued 
under section 515 of the Treasury and General Gov-
ernment Appropriations Act, 2001 (Public Law 
106–554; 114 Stat. 2763A–171) by the Director of 
the Office of Management and Budget and the Sec-
retary, do not consist of any empirical data, or are 
found in sources that have not been subject to peer 
review in a generally acceptable manner—
‘‘(i) the Secretary shall undertake the nec-
essary measures to assure compliance with such 
criteria or guidance; and 
‘‘(ii) the Secretary may— 
‘‘(I) secure such empirical data; 
‘‘(II) seek appropriate peer review; 
and 
‘‘(III) reconsider the decision or ac-
tion based on any supplemental or dif-
ferent data provided or any peer review 
conducted 
pursuant 
to 
this 
subpara-
graph.’’. 
(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 per-
form an act.’’. 
(c) JEOPARDIZE THE CONTINUED EXISTENCE.—Sec-
tion 3 (16 U.S.C. 1532) is further amended by inserting 
after paragraph (11) the following:
‘‘(12) JEOPARDIZE
THE
CONTINUED
EXIST-
ENCE.—The term ‘jeopardize the continued exist-
ence’ means, with respect to an agency action (as 
that term is defined in section 7(a)(2)), that the ac-
tion reasonably would be expected to significantly 
impede, directly or indirectly, the conservation in the 
long-term of the species in the wild.’’. 
(d) CONFORMING AMENDMENT.—Section 7(n) (16 
U.S.C. 1536(n)) is amended by striking ‘‘section 3(13)’’ 
and inserting ‘‘section 3(14)’’. 
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)(A) The Secretary 
shall by regulation promulgated in accordance with sub-
section (b) determine whether any species is an endan-
gered species or a threatened species because of any of 
the following factors: 
‘‘(i) 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. 
‘‘(ii) 
Overutilization 
for 
commercial, 
rec-
reational, scientific, or educational purposes. 
‘‘(iii) Disease or predation. 
‘‘(iv) The inadequacy of existing regulatory 
mechanisms, including any efforts identified pursu-
ant to subsection (b)(1). 
‘‘(v) Other natural or manmade factors affect-
ing its continued existence. 
‘‘(B) The Secretary shall use the authority provided 
by subparagraph (A) 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—