A bill to amend the Endangered Species Act of 1973 to establish a procedure for approval of certain settlements. 2017-02-14 Introduced in Senate This bill amends the Endangered Species Act of 1973 to revise provisions governing citizen suits against the Department of the Interior or the Department of Commerce, as appropriate, that allege a failure of the relevant department to perform an act or duty related to an endangered species or threatened species. Interior must publish the complaint in a citizen suit within 30 days of being served. Affected parties shall be given a reasonable opportunity to intervene in the suit. If affected parties intervene, the court must refer the action to a mediation program or magistrate judge to facilitate settlement discussions.

The court is prohibited from: (1) awarding litigation costs in a citizen suit that is settled by a consent decree, or (2) awarding litigation costs to a plaintiff in a citizen suit that is settled.

Interior must provide notice of a proposed settlement to each state or county in which an affected species occurs. A settlement can only be approved if states or counties approve the settlement or fail to respond.

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