[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 293 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 293
To amend the Endangered Species Act of 1973 to establish a procedure
for approval of certain settlements.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2015
Mr. Cornyn (for himself, Mr. Flake, Mr. Roberts, Mr. Crapo, Mr.
Boozman, Mr. Hatch, Mr. Rounds, Mr. Moran, Mr. Lankford, Mr. Vitter,
Mr. Risch, Mr. Heller, Mrs. Fischer, and Mr. Wicker) 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 establish a procedure
for approval of certain settlements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.''.
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