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Read twice and referred to the Committee on Environment and Public Works.
2026-09-30
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[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 5604 Introduced in Senate (IS)] <DOC> 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.''. <all>
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