,,ii #aacth ,,congress #ast ,session ,s4 #ai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bg1 #bjac ,mr4 ,cornyn 7for himself1 ,mr4 ,coburn1 ,mr4 ,roberts1 ,mr4 ,lee1 ,mr4 ,enzi1 ,mr4 ,boozman1 ,mr4 ,flake1 ,ms4 ,murkowski1 ,mr4 ,vitter1 ,mr4 ,inhofe1 ,mr4 ,barrasso1 ,mr4 ,wicker1 ,mr4 ,hatch1 and ,mrs4 ,fischer7 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 establish a procedure for approval of certain settlements4 #a4 ,definitions ,section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7 is amended-- 7#a7 by redesignating-- 7,a7 paragraphs 7#a7 through 7#d7 as paragraphs 7#b7 through 7#e71 respectively2 7,b7 paragraphs 7#e7 through 7#aj7 as paragraphs 7#g7 through 7#ab71 respectively2 and 7,c7 paragraphs 7#ab7 through 7#ba7 as paragraphs 7#ac7 through 7#bb71 respectively2 7#b7 by adding before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,affected parties ,the term affected party means any person1 including a business entity1 or any ,state1 tribal government1 or local subdivision the rights of which may be affected by a determination made under section #d7;a7 in a suit brought under section #aa7;g77#a77;,c74 2 and 7#c7 by adding after paragraph 7#e7 7as so redesignated7 the following3 7#f7 ,covered settlement ,the term covered settlement means a consent decree or a settlement agreement in an action brought under section #aa7;g77#a77;,c74 4 #b4 ,intervention2 approval of covered settlement ,section #aa7;g7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7 is amended-- 7#a7 in paragraph 7#c71 by adding at the end the following3 7,c7 ,publishing complaint2 intervention 7i7 ,publishing complaint 7,i7 ,in general ,not later than #cj days after the date on which the plaintiff serves the defendant with the complaint in an action brought under paragraph 7#a77;,c7 in accordance with ,rule #d of the ,federal ,rules of ,civil ,procedure1 the ,secretary of the ,interior shall publish the complaint in a readily accessible manner1 including electronically4 7,,ii7 ,failure to meet deadline ,the failure of the ,secretary to meet the #cj-;day deadline described in subclause 7,i7 shall not be the basis for an action under paragraph 7#a77;,c74 7ii7 ,intervention 7,i7 ,in general ,after the end of the #cj-;day period described in clause 7i71 each affected party shall be given a reasonable opportunity to move to intervene in the action described in clause 7i71 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 agreement4 7,,ii7 ,rebuttable presumption ,in considering a motion to intervene by any affected party1 the court shall presume1 subject to rebuttal1 that the interests of that party would not be represented adequately by the parties to the action described in clause 7i74 7,,iii7 ,referral to alternative dispute resolution 7aa7 ,in general ,if the court grants a motion to intervene in the action1 the court shall refer the action to facilitate settlement discussions to-- 7,,aa7 the mediation program of the court2 or 7,,bb7 a magistrate judge4 7bb7 ,parties included in settlement discussions ,the settlement discussions described in item 7aa7 shall include each-- 7,,aa7 plaintiff2 7,,bb7 defendant agency2 and 7,,cc7 intervenor4 2 7#b7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,litigation costs 7,a7 ,in general ,except as provided in subparagraph 7,b71 the court1 in issuing any final order in any suit brought under paragraph 7#a71 may award costs of litigation 7including reasonable attorney and expert witness fees7 to any party1 whenever the court determines such award is appropriate4 7,b7 ,covered settlement 7i7 ,consent decrees ,the court shall not award costs of litigation in any proposed covered settlement that is a consent decree4 7ii7 ,other covered settlements 7,i7 ,in general ,for a proposed covered settlement other than a consent decree1 the court shall ensure that the covered settlement does not include payment to any plaintiff for the costs of litigation4 7,,ii7 ,motions ,the court shall not grant any motion1 including a motion to dismiss1 based on the proposed covered settlement described in subclause 7,i7 if the covered settlement includes payment to any plaintiff for the costs of litigation4 2 and 7#c7 by adding at the end the following3 7#f7 ,approval of covered settlement 7,a7 ,definition of species ,in this paragraph1 the term species means a species that is the subject of an action brought under paragraph 7#a77;,c74 7,b7 ,in general 7i7 ,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 settlement4 7ii7 ,other covered settlements 7,i7 ,in general ,for a proposed covered settlement other than a consent decree1 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 occurs4 7,,ii7 ,motions ,the court shall not grant any motion1 including a motion to dismiss1 based on the proposed covered settlement described in subclause 7,i7 unless the covered settlement is approved by each ,state and county in which the ,secretary of the ,interior believes a species occurs4 7,c7 ,notice 7i7 ,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 settlement4 7ii7 ,determination of relevant ,states and counties ,the defendant in a covered settlement shall consult with each ,state described in clause 7i7 to determine each county in which the ,secretary of the ,interior believes a species occurs4 7,d7 ,failure to respond ,the court may approve a covered settlement or grant a motion described in subparagraph 7,b77ii77,,ii7 if1 not later than #de days after the date on which a ,state or county is notified under subparagraph 7,c7-- 7i7 7,i7 a ,state or county fails to respond2 and 7,,ii7 of the ,states or counties that respond1 each ,state or county approves the covered settlement2 or 7ii7 all of the ,states and counties fail to respond4 7,e7 ,proof of approval ,the defendant in a covered settlement shall prove any ,state or county approval described in this paragraph in a form-- 7i7 acceptable to the ,state or county1 as applicable2 and 7ii7 signed by the ,state or county official authorized to approve the covered settlement4 4