,,ii #aaith ,,congress #b;d ,session ,s4 #efjd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj1 #bjbf,mr4 ,schiff 7for himself and ,mr4 ,ricketts7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,endangered ,species ,act of #aigc to make improvements to that ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,improving ,species ,recovery ,act4 #b4 ,,esa amendments 7a7 ,determination of endangered species and threatened species ,section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#d7 ,clear standards for considering pre-listing conservation efforts 7,a7 ,in general ,prior to a determination on whether to list a species as a threatened species or an endangered species under paragraph 7#a71 and subject to the timeframes described in subsection 7b77#c7 when a petition described in that subsection is involved1 the ,secretary shall establish clear demographic standards and standards for determining how much threats to the species must be alleviated1 including through conservation actions1 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 species4 7,b7 ,requirement ,standards established under subparagraph 7,a7 shall be based on the best scientific and commercial data available4 2 7#b7 in subsection 7b71 by adding at the end the following3 7#i7 ,applying clear standards for considering pre-listing conservation efforts ,as part of applying the factors under paragraph 7#a7 of subsection 7a7 to determine whether to list a species as a threatened species or an endangered species under that paragraph1 the ,secretary shall consider any standards established under paragraph 7#d7 of that subsection1 as applicable4 7#aj7 ,species baseline 7,a7 ,in general ,if the ,secretary determines that a species is a threatened species or an endangered species under subsection 7a77#a71 the ,secretary shall1 as part of a final rule making a listing decision1 specify the baseline condition of the species at the time of that determination1 which shall include-- 7i7 the data and assumptions used to establish that baseline condition2 and 7ii7 any material data gaps or uncertainties associated with that baseline condition4 7,b7 ,baseline condition described ,the baseline condition of a species referred to in subparagraph 7,a7 is-- 7i7 the status of the threat to the species2 and 7ii7 any demographic factors of the species1 including abundance1 distribution1 and habitat condition4 2 7#c7 in subsection 7c71 in the undesignated matter following paragraph 7#b71 by striking ,each determination and all that follows through 7b74 and inserting the following3 7#c7 ,determinations ,a determination under subparagraph 7,b7 shall be made in accordance with subsections 7a7 and 7b74 7#d7 ,delisting guidance 7,a7 ,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 species1 not later than #c years after the date of enactment of this paragraph1 the ,secretary shall promulgate regulations on how the ,secretary will consider those actions as part of such a determination4 7,b7 ,inclusions ,the regulations promulgated under subparagraph 7,a7 shall-- 7i7 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 species1 if a decision is made to remove the species2 and 7ii7 explain how the ,secretary will determine whether any particular voluntary conservation action is durable and adequate to ensure the action-- 7,i7 continues to be implemented2 and 7,,ii7 is effective at conserving the species into the foreseeable future4 2 7#d7 in subsection 7d71 by adding at the end the following3 ,the ,secretary shall1 where prudent and determinable1 incorporate in regulations issued under this subsection objective criteria1 including conservation milestones described in subsection 7f77#a77;,b77v71 as triggers for additional flexibility 7including reducing the scope of the requirements in the regulation7 when those criteria are met42 and 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by adding and at the end2 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7ii71 by striking and at the end2 7,,ii7 in clause 7iii71 by striking the period at the end and inserting a semicolon2 and 7,,iii7 by adding at the end the following3 7iv7 the identification of the highest priority science and research questions or data gaps to pursue1 as may be necessary1 to achieve the goal of the plan for the conservation and survival of the species2 and 7v7 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 ,act1 which shall be established in accordance with-- 7,i7 the factors described in subparagraphs 7,a7 through 7,e7 of subsection 7a77#a72 and 7,,ii7 the best available science4 2 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,periodic reports 7,a7 ,in general ,not less frequently than once every #c years1 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-- 7i7 the status of efforts to develop and implement recovery plans for all species listed pursuant to this section2 and 7ii7 the status of all species for which such recovery plans have been developed4 7,b7 ,requirements ,a report under subparagraph 7,a7 shall include brief1 summarized information on each species listed pursuant to this section1 which shall be based on information in the most recent #e-year status review under subsection 7c77#b77;,a71 including-- 7i7 the current and expected future demographic status of the species1 including the abundance and distribution of the species2 7ii7 the extent to which the threat factors described in subparagraphs 7,a7 through 7,e7 of subsection 7a77#a7 have been alleviated or changed2 7iii7 whether the status of the species overall is improving1 stable1 or declining2 7iv7 the extent to which the species has met any of its conservation milestones1 as described in paragraph 7#a77;,b77v72 7v7 the efficacy of voluntary conservation measures that have been implemented for the species2 and 7vi7 identification of any gaps in data that inhibit the inclusion of any information described in clauses 7i7 through 7v74 7,c7 ,public availability ,with respect to each species listed pursuant to this section1 the ,secretary shall make the information described in subparagraph 7,b7 publicly available on the website of the ,united ,states ,fish and ,wildlife ,service4 2 and 7,c7 by adding at the end the following3 7#f7 ,conservation milestones 7,a7 ,in general ,as determined necessary and advisable by the ,secretary to provide for the conservation of any species listed pursuant to this section1 the ,secretary may incorporate the conservation milestones described in paragraph 7#a77;,b77v7 into any regulation issued under subsection 7d71 any reasonable and prudent measures described in section #g7;b77#c77;,a71 and any permit issued under section #aj7;a7 as triggers for increased flexibility in the operation of the regulation1 measure1 or permit1 as applicable4 7,b7 ,conservation actions ,any species listed pursuant to this section for which conservation milestones described in paragraph 7#a77;,b77v7 for the species have been met may be prioritized in the allocation of funds for conservation actions under section #e or #f4 4 7b7 ,interagency cooperation ,section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 is amended by adding at the end the following3 7q7 ,online tool ,to expedite interagency cooperation 7#a7 ,definition of determination key ,in this subsection1 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 consultation4 7#b7 ,,ipac ,the ,secretary shall expand the application of the ,information for ,planning and ,consultation digital tool of the ,united ,states ,fish and ,wildlife ,service 7referred to in this subsection as ,i,pa,c7 to expedite consultations under subsection 7a77#b71 including by1 subject to the availability of appropriations1 identifying and producing more determination keys as may be necessary to enable the use of digital tools1 such as ,i,pa,c1 for more categories of agency actions under this section4 7#c7 ,study2 report 7,a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall carry out a study to identify other processes1 reviews1 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 ,act4 7,b7 ,report ,on completion of the study required under subparagraph 7,a71 the ,secretary shall submit to ,congress a report on the results of that study1 which shall include any identified processes1 reviews1 or consultations described in that subparagraph4 4