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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