(3) LENGTH.—The environmental assessment 
prepared for a proposed covered forest reserve 
project shall not exceed 100 pages in length. The 
Secretary may incorporate in the environmental as-
sessment, by reference, any documents that the Sec-
retary determines, in the sole discretion of the Sec-
retary, are relevant to the assessment of the environ-
mental effects of the covered project. 
(4) DEADLINE
FOR
COMPLETION.—The Sec-
retary shall complete the environmental assessment 
for a covered forest reserve project within 180 days 
after the date on which the Secretary published no-
tice of the proposed covered project. 
(5) CATEGORICAL EXCLUSION.—A covered for-
est reserve project that is proposed in response to a 
catastrophic event, is identified within a community 
wildfire protection plan, or that covers an area of 
10,000 acres or less shall be categorically excluded 
from the requirements of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4331 et seq.). 
(d) APPLICATION OF LAND AND RESOURCE MANAGE-
MENT PLAN.—A covered forest reserve project shall be im-
plemented consistent with the standards and guidelines 
contained in the land and resource management plan for 
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the unit of the National Forest System in which the cov-
ered project will be carried out, except that— 
(1) section 6(g)(3)(E)(iv) of the Forest and 
Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply; 
and 
(2) the Secretary may comply with section 
14(g) of the National Forest Management Act of 
1976 (16 U.S.C. 472(a)(g)) by using designation-by- 
prescription. 
(e) COMPLIANCE
WITH
ENDANGERED
SPECIES 
ACT.— 
(1) NON-JEOPARDY ASSESSMENT.—If the Sec-
retary determines that a concern exists that a pro-
posed covered forest reserve project may affect the 
continued existence of any species listed as endan-
gered or threatened under section 4 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533), the 
Secretary shall issue a determination explaining the 
view of the Secretary that the proposed covered 
project will not jeopardize the continued existence of 
the species. 
(2) SUBMISSION, REVIEW, AND RESPONSE.— 
(A) SUBMISSION.—The Secretary shall 
submit a determination issued by the Secretary 
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under paragraph (1) to the Secretary of the In-
terior or the Secretary of Commerce, as appro-
priate. 
(B) REVIEW AND RESPONSE.—Within 30 
days after receiving a determination under sub-
paragraph (A), the Secretary of the Interior or 
the Secretary of Commerce, as appropriate, 
shall provide a written response to the Sec-
retary concurring in or rejecting the Secretary’s 
determination. If the Secretary of the Interior 
or the Secretary of Commerce rejects the deter-
mination, the written response shall include rec-
ommendations for measures that— 
(i) will avoid the likelihood of jeopardy 
to, or adverse modification of the habitat 
of, an endangered or threatened species; 
(ii) can be implemented in a manner 
consistent with the intended purpose of the 
covered forest reserve project; 
(iii) can be implemented consistent 
with the scope of the Secretary’s legal au-
thority and jurisdiction; and 
(iv) are economically and techno-
logically feasible. 
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(3) FORMAL CONSULTATION.—If the Secretary 
of the Interior or the Secretary of Commerce rejects 
a determination issued by the Secretary under para-
graph (1), the Secretary of the Interior or the Sec-
retary of Commerce also is required to engage in 
formal consultation with the Secretary. The Secre-
taries shall complete such consultation pursuant to 
section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536) within 90 days after the submission of 
the written response under paragraph (2). 
(f) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
(1) ADMINISTRATIVE REVIEW.—Administrative 
review of a covered forest reserve project shall occur 
only in accordance with the special administrative 
review process established under section 105 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6515). 
(2) JUDICIAL REVIEW.— 
(A) IN
GENERAL.—Judicial review of a 
covered forest reserve project shall occur in ac-
cordance with section 106 of the Healthy For-
ests Restoration Act of 2003 (16 U.S.C. 6516). 
(B) BOND
REQUIRED.—A plaintiff chal-
lenging a covered forest reserve project shall be 
required to post a bond or other security ac-
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ceptable to the court for the reasonably esti-
mated costs, expenses, and attorneys fees of the 
Secretary as defendant. All proceedings in the 
action shall be stayed until the security is given. 
If the plaintiff has not complied with the order 
to post such bond or other security within 90 
days after the date of service of the order, then 
the action shall be dismissed with prejudice. 
(C) RECOVERY.—If the Secretary prevails 
in the case, the Secretary shall submit to the 
court a motion for payment of all litigation ex-
penses. 
SEC. 5. DISTRIBUTION OF FOREST RESERVE REVENUES. 
Forest reserve revenues generated by a covered forest 
reserve project shall be used by the Secretary— 
(1) to make deposits into the fund established 
under section 3 of the Act of June 9, 1930 (16 
U.S.C. 576b; commonly known as the Knutson-Van-
denberg Fund) and the fund established under sec-
tion 14(h) of the National Forest Management Act 
of 1976 (16 U.S.C. 472a(h); commonly known as 
the salvage sale fund) in contributions equal to the 
monies otherwise collected under those Acts for 
projects conducted on National Forest System land; 
and 
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