text: SECTION 1. DEFINITIONS.
  
      Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is 
  amended--
              (1) by redesignating--
                      (A) paragraphs (1) through (4) as paragraphs (2) 
                  through (5), respectively;
                      (B) paragraphs (5) through (10) as paragraphs (7) 
                  through (12), respectively; and
                      (C) paragraphs (12) through (21) as paragraphs (13) 
                  through (22), respectively;
              (2) by adding before paragraph (2) (as so redesignated) the 
          following:
              ``(1) Affected parties.--The term `affected party' means 
          any person, including a business entity, or any State, tribal 
          government, or local subdivision the rights of which may be 
          affected by a determination made under section 4(a) in a suit 
          brought under section 11(g)(1)(C).''; and
              (3) by adding after paragraph (5) (as so redesignated) the 
          following:
              ``(6) Covered settlement.--The term `covered settlement' 
          means a consent decree or a settlement agreement in an action 
          brought under section 11(g)(1)(C).''.
  
  SEC. 2. INTERVENTION; APPROVAL OF COVERED SETTLEMENT.
  
      Section 11(g) of the Endangered Species Act of 1973 (16 U.S.C. 
  1540) is amended--
              (1) in paragraph (3), by adding at the end the following:
                      ``(C) Publishing complaint; intervention.--
                              ``(i) Publishing complaint.--
                                      ``(I) In general.--Not later than 
                                  30 days after the date on which the 
                                  plaintiff serves the defendant with the 
                                  complaint in an action brought under 
                                  paragraph (1)(C) in accordance with 
                                  Rule 4 of the Federal Rules of Civil 
                                  Procedure, the Secretary of the 
                                  Interior shall publish the complaint in 
                                  a readily accessible manner, including 
                                  electronically.
                                      ``(II) Failure to meet deadline.--
                                  The failure of the Secretary to meet 
                                  the 30-day deadline described in 
                                  subclause (I) shall not be the basis 
                                  for an action under paragraph (1)(C).
                              ``(ii) Intervention.--
                                      ``(I) In general.--After the end of 
                                  the 30-day period described in clause 
                                  (i), each affected party shall be given 
                                  a reasonable opportunity to move to 
                                  intervene in the action described in 
                                  clause (i), until the end of which a 
                                  party may not file a motion for a 
                                  consent decree or to dismiss the case 
                                  pursuant to a settlement agreement.
                                      ``(II) Rebuttable presumption.--In 
                                  considering a motion to intervene by 
                                  any affected party, the court shall 
                                  presume, subject to rebuttal, that the 
                                  interests of that party would not be 
                                  represented adequately by the parties 
                                  to the action described in clause (i).
                                      ``(III) Referral to alternative 
                                  dispute resolution.--
                                              ``(aa) In general.--If the 
                                          court grants a motion to 
                                          intervene in the action, the 
                                          court shall refer the action to 
                                          facilitate settlement 
                                          discussions to--
  
                                                      ``(AA) the 
                                                  mediation program of 
                                                  the court; or
  
                                                      ``(BB) a magistrate 
                                                  judge.
  
                                              ``(bb) Parties included in 
                                          settlement discussions.--The 
                                          settlement discussions 
                                          described in item (aa) shall 
                                          include each--
  
                                                      ``(AA) plaintiff;
  
                                                      ``(BB) defendant 
                                                  agency; and
  
                                                      ``(CC) 
                                                  intervenor.'';
  
              (2) by striking paragraph (4) and inserting the following:
              ``(4) Litigation costs.--
                      ``(A) In general.--Except as provided in 
                  subparagraph (B), the court, in issuing any final order 
                  in any suit brought under paragraph (1), may award 
                  costs of litigation (including reasonable attorney and 
                  expert witness fees) to any party, whenever the court 
                  determines such award is appropriate.
                      ``(B) Covered settlement.--
                              ``(i) Consent decrees.--The court shall not 
                          award costs of litigation in any proposed 
                          covered settlement that is a consent decree.
                              ``(ii) Other covered settlements.--
                                      ``(I) In general.--For a proposed 
                                  covered settlement other than a consent 
                                  decree, the court shall ensure that the 
                                  covered settlement does not include 
                                  payment to any plaintiff for the costs 
                                  of litigation.
                                      ``(II) Motions.--The court shall 
                                  not grant any motion, including a 
                                  motion to dismiss, based on the 
                                  proposed covered settlement described 
                                  in subclause (I) if the covered 
                                  settlement includes payment to any 
                                  plaintiff for the costs of 
                                  litigation.''; and
              (3) by adding at the end the following:
              ``(6) Approval of covered settlement.--
                      ``(A) Definition of species.--In this paragraph, 
                  the term `species' means a species that is the subject 
                  of an action brought under paragraph (1)(C).
                      ``(B) In general.--
                              ``(i) Consent decrees.--The court shall not 
                          approve a proposed covered settlement that is a 
                          consent decree unless each State and county in 
                          which the Secretary of the Interior believes a 
                          species occurs approves the covered settlement.
                              ``(ii) Other covered settlements.--
                                      ``(I) In general.--For a proposed 
                                  covered settlement other than a consent 
                                  decree, the court shall ensure that the 
                                  covered settlement is approved by each 
                                  State and county in which the Secretary 
                                  of the Interior believes a species 
                                  occurs.
                                      ``(II) Motions.--The court shall 
                                  not grant any motion, including a 
                                  motion to dismiss, based on the 
                                  proposed covered settlement described 
                                  in subclause (I) unless the covered 
                                  settlement is approved by each State 
                                  and county in which the Secretary of 
                                  the Interior believes a species occurs.
                      ``(C) Notice.--
                              ``(i) In general.--The Secretary of the 
                          Interior shall provide each State and county in 
                          which the Secretary of the Interior believes a 
                          species occurs notice of a proposed covered 
                          settlement.
                              ``(ii) Determination of relevant states and 
                          counties.--The defendant in a covered 
                          settlement shall consult with each State 
                          described in clause (i) to determine each 
                          county in which the Secretary of the Interior 
                          believes a species occurs.
                      ``(D) Failure to respond.--The court may approve a 
                  covered settlement or grant a motion described in 
                  subparagraph (B)(ii)(II) if, not later than 45 days 
                  after the date on which a State or county is notified 
                  under subparagraph (C)--
                              ``(i)(I) a State or county fails to 
                          respond; and
                              ``(II) of the States or counties that 
                          respond, each State or county approves the 
                          covered settlement; or
                              ``(ii) all of the States and counties fail 
                          to respond.
                      ``(E) Proof of approval.--The defendant in a 
                  covered settlement shall prove any State or county 
                  approval described in this paragraph in a form--
                              ``(i) acceptable to the State or county, as 
                          applicable; and
                              ``(ii) signed by the State or county 
                          official authorized to approve the covered 
                          settlement.''.
target: Amends the Endangered Species Act of 1973 to require the Secretary of the Interior, within 30 days after being served with a complaint in an action alleging a failure to perform an act or duty related to an endangered species or threatened species determination, to publish the complaint. Prohibits the failure of the Secretary to meet such deadline from being the basis for such an action. Sets forth requirements concerning the intervention in such actions by affected parties and referral to a mediation program.
  
  Authorizes the court, in issuing any final order in such an action, to award litigation costs to any party. Prohibits the court from: (1) awarding litigation costs in any proposed covered settlement, (2) granting a motion that is based on a proposed covered settlement or other consent decree that includes payment for litigation costs, (3) approving a proposed covered settlement unless each state and county in which the Secretary believes a species occurs approves it, or (4) granting a motion that is based on a proposed covered settlement unless such settlement is approved by each such state and county. Requires the courts to ensure that such a settlement is approved by each such state and county. Requires the Secretary to provide notice of a proposed covered settlement to each such state and county. Authorizes a court to approve such a settlement or grant such a motion if, within 45 days of notification, a: (1) state or county fails to respond, and (2) each state or county that responds approves the covered settlement, or (3) all of the states and counties fail to respond.
feat_title: A bill to amend the Endangered Species Act of 1973 to establish a procedure for approval of certain settlements.