; 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