SenateS. 5604119th Congress

Improving Species Recovery Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5604 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5604

  To amend the Endangered Species Act of 1973 to make improvements to 
                   that Act, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2026

  Mr. Schiff (for himself and Mr. Ricketts) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
  To amend the Endangered Species Act of 1973 to make improvements to 
                   that Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Species Recovery Act''.

SEC. 2. ESA AMENDMENTS.

    (a) Determination of Endangered Species and Threatened Species.--
Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
amended--
            (1) in subsection (a), by adding at the end the following:
    ``(4) Clear Standards for Considering Pre-listing Conservation 
Efforts.--
            ``(A) In general.--Prior to a determination on whether to 
        list a species as a threatened species or an endangered species 
        under paragraph (1), and subject to the timeframes described in 
        subsection (b)(3) when a petition described in that subsection 
        is involved, the Secretary shall establish clear demographic 
        standards and standards for determining how much threats to the 
        species must be alleviated, including through conservation 
        actions, in order for the species to not meet the definition of 
        a threatened species or an endangered species under this Act if 
        the Secretary determines that doing so would encourage 
        voluntary conservation actions with respect to the species.
            ``(B) Requirement.--Standards established under 
        subparagraph (A) shall be based on the best scientific and 
        commercial data available.'';
            (2) in subsection (b), by adding at the end the following:
    ``(9) Applying Clear Standards for Considering Pre-listing 
Conservation Efforts.--As part of applying the factors under paragraph 
(1) of subsection (a) to determine whether to list a species as a 
threatened species or an endangered species under that paragraph, the 
Secretary shall consider any standards established under paragraph (4) 
of that subsection, as applicable.
    ``(10) Species Baseline.--
            ``(A) In general.--If the Secretary determines that a 
        species is a threatened species or an endangered species under 
        subsection (a)(1), the Secretary shall, as part of a final rule 
        making a listing decision, specify the baseline condition of 
        the species at the time of that determination, which shall 
        include--
                    ``(i) the data and assumptions used to establish 
                that baseline condition; and
                    ``(ii) any material data gaps or uncertainties 
                associated with that baseline condition.
            ``(B) Baseline condition described.--The baseline condition 
        of a species referred to in subparagraph (A) is--
                    ``(i) the status of the threat to the species; and
                    ``(ii) any demographic factors of the species, 
                including abundance, distribution, and habitat 
                condition.'';
            (3) in subsection (c), in the undesignated matter following 
        paragraph (2), by striking ``Each determination'' and all that 
        follows through ``(b).'' and inserting the following:
    ``(3) Determinations.--A determination under subparagraph (B) shall 
be made in accordance with subsections (a) and (b).
    ``(4) Delisting Guidance.--
            ``(A) In general.--To increase consistency in how the 
        Secretary considers voluntary conservation actions in any 
        determination on whether to remove a species from the list of 
        endangered species or threatened species, not later than 3 
        years after the date of enactment of this paragraph, the 
        Secretary shall promulgate regulations on how the Secretary 
        will consider those actions as part of such a determination.
            ``(B) Inclusions.--The regulations promulgated under 
        subparagraph (A) shall--
                    ``(i) include how the Secretary will work with 
                States to implement conservation actions in conjunction 
                with private landowners or others after a species has 
                been removed from the list of endangered species or 
                threatened species, if a decision is made to remove the 
                species; and
                    ``(ii) explain how the Secretary will determine 
                whether any particular voluntary conservation action is 
                durable and adequate to ensure the action--
                            ``(I) continues to be implemented; and
                            ``(II) is effective at conserving the 
                        species into the foreseeable future.'';
            (4) in subsection (d), by adding at the end the following: 
        ``The Secretary shall, where prudent and determinable, 
        incorporate in regulations issued under this subsection 
        objective criteria, including conservation milestones described 
        in subsection (f)(1)(B)(v), as triggers for additional 
        flexibility (including reducing the scope of the requirements 
        in the regulation) when those criteria are met.''; and
            (5) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by adding ``and'' 
                        at the end; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (ii), by striking 
                                ``and'' at the end;
                                    (II) in clause (iii), by striking 
                                the period at the end and inserting a 
                                semicolon; and
                                    (III) by adding at the end the 
                                following:
                            ``(iv) the identification of the highest 
                        priority science and research questions or data 
                        gaps to pursue, as may be necessary, to achieve 
                        the goal of the plan for the conservation and 
                        survival of the species; and
                            ``(v) the identification of conservation 
                        milestones to track and measure the progress of 
                        a species towards the point of no longer 
                        meeting the definition of a threatened species 
                        or an endangered species under this Act, which 
                        shall be established in accordance with--
                                    ``(I) the factors described in 
                                subparagraphs (A) through (E) of 
                                subsection (a)(1); and
                                    ``(II) the best available 
                                science.'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Periodic reports.--
                    ``(A) In general.--Not less frequently than once 
                every 3 years, the Secretary shall submit to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Natural Resources of the House of 
                Representatives a report on--
                            ``(i) the status of efforts to develop and 
                        implement recovery plans for all species listed 
                        pursuant to this section; and
                            ``(ii) the status of all species for which 
                        such recovery plans have been developed.
                    ``(B) Requirements.--A report under subparagraph 
                (A) shall include brief, summarized information on each 
                species listed pursuant to this section, which shall be 
                based on information in the most recent 5-year status 
                review under subsection (c)(2)(A), including--
                            ``(i) the current and expected future 
                        demographic status of the species, including 
                        the abundance and distribution of the species;
                            ``(ii) the extent to which the threat 
                        factors described in subparagraphs (A) through 
                        (E) of subsection (a)(1) have been alleviated 
                        or changed;
                            ``(iii) whether the status of the species 
                        overall is improving, stable, or declining;
                            ``(iv) the extent to which the species has 
                        met any of its conservation milestones, as 
                        described in paragraph (1)(B)(v);
                            ``(v) the efficacy of voluntary 
                        conservation measures that have been 
                        implemented for the species; and
                            ``(vi) identification of any gaps in data 
                        that inhibit the inclusion of any information 
                        described in clauses (i) through (v).
                    ``(C) Public availability.--With respect to each 
                species listed pursuant to this section, the Secretary 
                shall make the information described in subparagraph 
                (B) publicly available on the website of the United 
                States Fish and Wildlife Service.''; and
                    (C) by adding at the end the following:
    ``(6) Conservation Milestones.--
            ``(A) In general.--As determined necessary and advisable by 
        the Secretary to provide for the conservation of any species 
        listed pursuant to this section, the Secretary may incorporate 
        the conservation milestones described in paragraph (1)(B)(v) 
        into any regulation issued under subsection (d), any reasonable 
        and prudent measures described in section 7(b)(3)(A), and any 
        permit issued under section 10(a) as triggers for increased 
        flexibility in the operation of the regulation, measure, or 
        permit, as applicable.
            ``(B) Conservation actions.--Any species listed pursuant to 
        this section for which conservation milestones described in 
        paragraph (1)(B)(v) for the species have been met may be 
        prioritized in the allocation of funds for conservation actions 
        under section 5 or 6.''.
    (b) Interagency Cooperation.--Section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. 1536) is amended by adding at the end the 
following:
    ``(q) Online Tool To Expedite Interagency Cooperation.--
            ``(1) Definition of determination key.--In this subsection, 
        the term `determination key' means a logically structured set 
        of questions designed to assist users in determining if an 
        agency action qualifies for a pre-determined consultation 
        outcome based on an existing programmatic consultation.
            ``(2) IPAC.--The Secretary shall expand the application of 
        the Information for Planning and Consultation digital tool of 
        the United States Fish and Wildlife Service (referred to in 
        this subsection as `IPaC') to expedite consultations under 
        subsection (a)(2), including by, subject to the availability of 
        appropriations, identifying and producing more determination 
        keys as may be necessary to enable the use of digital tools, 
        such as IPaC, for more categories of agency actions under this 
        section.
            ``(3) Study; report.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, the Secretary 
                shall carry out a study to identify other processes, 
                reviews, or consultations required under this Act that 
                may be expedited or automated using digital technology 
                or artificial intelligence while maintaining adherence 
                to all requirements under this Act.
                    ``(B) Report.--On completion of the study required 
                under subparagraph (A), the Secretary shall submit to 
                Congress a report on the results of that study, which 
                shall include any identified processes, reviews, or 
                consultations described in that subparagraph.''.
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