Secretary concerned may use the categorical exclusion es-
tablished under subsection (b) in accordance with this sec-
tion. 
(d) EXTRAORDINARY CIRCUMSTANCES.—Use of the 
categorical exclusion established under subsection (b) shall 
not be subject to the extraordinary circumstances proce-
dures in section 220.6, title 36, Code of Federal Regula-
tions, or section 1508.4, title 40, Code of Federal Regula-
tions. 
(e) EXCLUSION OF CERTAIN AREAS.—The categor-
ical exclusion established under subsection (b) shall not 
apply to any forest management activity conducted— 
(1) in a component of the National Wilderness 
Preservation System; or 
(2) on National Forest System lands on which, 
by Act of Congress, the removal of vegetation is re-
stricted or prohibited. 
(f) PERMANENT ROADS.— 
(1) PROHIBITION ON ESTABLISHMENT.—A for-
est management activity designated under subsection 
(c) shall not include the establishment of a perma-
nent road. 
(2) EXISTING
ROADS.—The Secretary con-
cerned may carry out necessary maintenance and re-
pair on an existing permanent road for the purposes 
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of conducting a forest management activity des-
ignated under subsection (c). 
(3) TEMPORARY
ROADS.—The Secretary con-
cerned shall decommission any temporary road con-
structed for a forest management activity designated 
under subsection (c) not later than 3 years after the 
date on which the action is completed. 
(g) APPLICABLE LAWS.—A forest management activ-
ity designated under subsection (c) shall not be subject 
to section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536), section 106 of the National Historic Preser-
vation Act, or any other applicable law. 
(h) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘‘Secretary concerned’’ means— 
(1) the Secretary of Agriculture, with respect to 
National Forest System lands; and 
(2) the Secretary of the Interior, with respect 
to public lands. 
SEC. 303. PERMITS AND AGREEMENTS WITH ELECTRICAL 
UTILITIES. 
(a) IN GENERAL.—In any special use permit or ease-
ment on National Forest System lands provided to an elec-
tric utility company (as defined in section 1262 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16451)) the Secretary 
of Agriculture may provide permission to cut and remove 
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trees or other vegetation from within the vicinity of dis-
tribution lines or transmission lines, including hazardous 
vegetation that increases fire risk, without requiring a sep-
arate timber sale if that cutting and removal is consistent 
with the applicable land management plan. 
(b) USE OF PROCEEDS.—A special use permit or 
easement that includes permission for the cutting and re-
moval of trees or other vegetation described in subsection 
(a), shall include a requirement that, if the applicable elec-
trical utility sells any portion of the material removed 
under the permit or easement, the electrical utility shall 
provide to the Secretary, acting through the Chief of the 
Forest Service, any proceeds received from the sale, less 
any transportation costs incurred in the sale. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require the sale of any material 
removed under a special use permit or easement that in-
cludes permission for the cutting and removal of trees or 
other vegetation described in subsection (a). 
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TITLE IV—REFORM OF CERTAIN 
ADMINISTRATIVE 
REQUIRE-
MENTS 
SEC. 401. NONAPPLICABILITY OF CERTAIN ADDITIONAL 
CONSULTATION REQUIREMENTS OF THE EN-
DANGERED SPECIES ACT OF 1973. 
(a) FOREST SERVICE PLANS.—Section 6(d)(2) of the 
Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1604(d)(2)) is amended to read as 
follows: 
‘‘(2) NO
ADDITIONAL
CONSULTATION
RE-
QUIRED
UNDER
CERTAIN
CIRCUMSTANCES.—Not-
withstanding any other provision of law, the Sec-
retary shall not be required to reinitiate consultation 
under section 7(a)(2) of the Endangered Species Act 
of 1973 (16 U.S.C. 1536(a)(2)) or section 402.16 of 
title 50, Code of Federal Regulations (or a successor 
regulation), on a land management plan approved, 
amended, or revised under this section when— 
‘‘(A) a new species is listed or critical habi-
tat is designated under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.); or 
‘‘(B) new information reveals effects of the 
land management plan that may affect a spe-
cies listed or critical habitat designated under 
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that Act in a manner or to an extent not pre-
viously considered.’’. 
(b) BUREAU OF LAND MANAGEMENT PLANS.—Sec-
tion 202 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1712) is amended by adding at the 
end the following: 
‘‘(g) Notwithstanding any other provision of law, the 
Secretary shall not be required to reinitiate consultation 
under section 7(a)(2) of the Endangered Species Act of 
1973 (16 U.S.C. 1536(a)(2)) or section 402.16 of title 50, 
Code of Federal Regulations (or a successor regulation), 
on a land use plan approved, amended, or revised under 
this section when— 
‘‘(1) a new species is listed or critical habitat 
is designated under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); or 
‘‘(2) new information reveals effects of the land 
use plan that may affect a species listed or critical 
habitat designated under that Act in a manner or to 
an extent not previously considered.’’. 
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SEC. 402. AMENDMENT TO CATEGORICAL EXCLUSION FOR 
COLLABORATIVE RESTORATION PROJECTS. 
Section 603(c)(1) of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6591b(c)(1)) is amended by strik-
ing ‘‘3000 acres’’ and inserting ‘‘10,000 acres’’. 
Æ 
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