cally excluded from the preparation of an environmental 
assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332). 
(b) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.—The forest management 
activities designated under this section for a categorical 
exclusion are forest management activities carried out by 
the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity 
is to modify, improve, enhance, or create early successional 
forests for wildlife habitat improvement and other pur-
poses, consistent with the applicable forest plan. 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
(d) PROJECT GOALS.—To the maximum extent prac-
ticable, the Secretary concerned shall design a forest man-
agement activity under this section to meet early succes-
sional forest goals in such a manner so as to maximize 
production and regeneration of priority species, as identi-
fied in the forest plan and consistent with the capability 
of the activity site. 
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(e) ACREAGE LIMITATIONS.—A forest management 
activity covered by the categorical exclusion established 
under subsection (a) may not contain treatment units ex-
ceeding a total of 10,000 acres. 
SEC. 114. CATEGORICAL EXCLUSION FOR ROAD SIDE 
PROJECTS. 
(a) CATEGORICAL
EXCLUSION
ESTABLISHED.— 
Projects carried out by the Secretary concerned to remove 
hazard trees or to salvage timber for purposes of the pro-
tection of public health or safety, water supply, or public 
infrastructure are a category of actions hereby designated 
as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact 
statement under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332). 
(b) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
(c) HEALTHY FORESTS RESTORATION ACT RE-
QUIREMENTS.— 
(1) ADMINISTRATIVE REVIEW.—A project that 
is categorically excluded under this section shall be 
subject to the requirements of subsections (d), (e), 
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and (f) of section 603 of the Healthy Forests Res-
toration Act of 2003 (16 U.S.C. 6591). 
(2) HAZARDOUS
FUEL
REDUCTION
ON
FED-
ERAL
LAND.—A project that is categorically ex-
cluded under this section shall be subject to the re-
quirements of sections 102, 104, 105, and 106 of 
title I of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6511 et seq.). 
SEC. 115. CATEGORICAL EXCLUSION TO IMPROVE OR RE-
STORE NATIONAL FOREST SYSTEM LANDS OR 
PUBLIC LAND OR REDUCE THE RISK OF 
WILDFIRE. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally excluded from the preparation of an environmental 
assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332). 
(b) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.— 
(1) DESIGNATION.—The forest management ac-
tivities designated under this section for a categor-
ical exclusion are forest management activities de-
scribed in paragraph (2) that are carried out by the 
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Secretary concerned on National Forest System 
Lands or public lands where the primary purpose of 
such activity is to improve or restore such lands or 
reduce the risk of wildfire on those lands. 
(2) ACTIVITIES AUTHORIZED.—The follow ac-
tivities may be carried out pursuant to the categor-
ical exclusion established under subsection (a): 
(A) Removal of juniper trees, medusahead 
rye, conifer trees, pin˜on pine trees, cheatgrass, 
and other noxious or invasive weeds specified on 
Federal or State noxious weeds lists through 
late-season livestock grazing, targeted livestock 
grazing, prescribed burns, and mechanical 
treatments. 
(B) Performance of hazardous fuels man-
agement. 
(C) Creation of fuel and fire breaks. 
(D) Modification of existing fences in order 
to distribute livestock and help improve wildlife 
habitat. 
(E) Installation of erosion control devices. 
(F) Construction of new and maintenance 
of permanent infrastructure, including stock 
ponds, water catchments, and water spring 
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boxes used to benefit livestock and improve 
wildlife habitat. 
(G) Performance of soil treatments, native 
and non-native seeding, and planting of and 
transplanting sagebrush, grass, forb, shrub, and 
other species. 
(H) Use of herbicides, so long as the Sec-
retary concerned determines that the activity is 
otherwise conducted consistently with agency 
procedures, including any forest plan applicable 
to the area covered by the activity. 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
(d) ACREAGE LIMITATIONS.—A forest management 
activity covered by the categorical exclusion established 
under subsection (a) may not exceed 10,000 acres. 
(e) DEFINITIONS.—In this section: 
(1) HAZARDOUS
FUELS
MANAGEMENT.—The 
term ‘‘hazardous fuels management’’ means any 
vegetation management activities that reduce the 
risk of wildfire. 
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(2) LATE-SEASON GRAZING.—The term ‘‘late- 
season grazing’’ means grazing activities that occur 
after both the invasive species and native perennial 
species have completed their current-year annual 
growth cycle until new plant growth begins to ap-
pear in the following year. 
(3) 
TARGETED
LIVESTOCK
GRAZING.—The 
term ‘‘targeted livestock grazing’’ means grazing 
used for purposes of hazardous fuel reduction. 
SEC. 116. TREATMENT AREAS. 
Section 602 of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6591a) is amended— 
(1) in the heading, by striking ‘‘DESIGNATION 
OF’’; 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COOS BAY WAGON ROAD GRANT LANDS.— 
The term ‘Coos Bay Wagon Road Grant lands’ 
means the lands reconveyed to the United States 
pursuant to the first section of the Act of February 
26, 1919 (40 Stat. 1179). 
‘‘(2) DECLINING FOREST HEALTH.—The term 
‘declining forest health’ means a qualified forest that 
is experiencing— 
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‘‘(A) substantially increased tree mortality 
due to insect or disease infestation; or 
‘‘(B) dieback due to infestation or defolia-
tion by insects or disease. 
‘‘(3) OREGON
AND
CALIFORNIA
RAILROAD 
GRANT LANDS.—The term ‘Oregon and California 
Railroad Grant lands’ means the following lands: 
‘‘(A) All lands in the State of Oregon re-
vested in the United States under the Act of 
June 9, 1916 (39 Stat. 218), that are adminis-
tered by the Secretary of the Interior, acting 
through the Bureau of Land Management, pur-
suant to the first section of the Act of August 
28, 1937 (43 U.S.C. 1181a). 
‘‘(B) All lands in that State obtained by 
the Secretary of the Interior pursuant to the 
land exchanges authorized and directed by sec-
tion 2 of the Act of June 24, 1954 (43 U.S.C. 
1181h). 
‘‘(C) All lands in that State acquired by 
the United States at any time and made subject 
to the provisions of title II of the Act of August 
28, 1937 (43 U.S.C. 1181f). 
‘‘(4) PUBLIC LANDS.—The term ‘public lands’ 
has the meaning given that term in section 103 of 
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the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702), except that the term in-
cludes Coos Bay Wagon Road Grant lands and Or-
egon and California Railroad Grant lands. 
‘‘(5) QUALIFIED FOREST.—The term ‘qualified 
forest’ means a forest located in— 
‘‘(A) National Forest System lands; or 
‘‘(B) public lands. 
‘‘(6) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ means— 
‘‘(A) with respect to National Forest Sys-
tem lands, the Secretary of Agriculture; and 
‘‘(B) with respect to public lands, the Sec-
retary of the Interior.’’; 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) AUTHORITY.—The Secretary concerned may 
carry out insect and disease treatment programs in a 
qualified forest that meets the requirements specified in 
subsection (c).’’; 
(4) in subsection (c), by striking ‘‘To be des-
ignated a landscape-scale area under subsection (b), 
the area shall be’’ and inserting ‘‘The Secretary con-
cerned may only carry out projects under subsection 
(b) in a qualified forest that is’’; and 
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(5) in subsection (d)(1), by striking ‘‘on Fed-
eral land in the areas designated’’. 
SEC. 117. ADMINISTRATIVE REVIEW. 
Section 603(c) of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6591b(c)) is amended— 
(1) in paragraph (1), by striking ‘‘3000 acres’’ 
and inserting ‘‘10,000 acres’’; and 
(2) in paragraph (2)(B), by striking ‘‘Fire Re-
gime Groups I, II, or III,’’ and inserting ‘‘Fire Re-
gime I, Fire Regime II, Fire Regime III, Fire Re-
gime IV, or Fire Regime V,’’. 
SEC. 118. WILDFIRE RESILIENCE PROJECTS. 
Section 605(c) of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6591d(c)) is amended— 
(1) in paragraph (1), by striking ‘‘3000 acres’’ 
and inserting ‘‘10,000 acres’’; and 
(2) in paragraph (2)(B), by striking ‘‘Fire Re-
gime Groups I, II, or III’’ and inserting ‘‘Fire Re-
gime I, Fire Regime II, Fire Regime III, Fire Re-
gime IV, or Fire Regime V’’. 
Subtitle C—General Provisions for 
Forest Management Activities 
SEC. 121. COMPLIANCE WITH FOREST PLANS. 
A forest management activity carried out pursuant 
to this Act shall be conducted in a manner consistent with 
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the forest plan applicable to the National Forest System 
land or public lands covered by the forest management ac-
tivity. 
SEC. 122. CONSULTATION UNDER THE NATIONAL HISTORIC 
PRESERVATION ACT. 
(a) IN GENERAL.—Not later than 12 months after 
the date of enactment of this Act, the Secretary concerned 
shall each develop, in consultation with relevant consulting 
parties, a programmatic agreement or other appropriate 
program alternative pursuant to section 800.14 of title 36, 
Code of Federal Regulations, or successor regulation, for 
expediting reviews under section 306108 of title 54, 
United States Code, for forest management activities car-
ried out pursuant to this Act. 
(b) REQUIREMENT.—A programmatic agreement or 
other program alternative developed under subsection (a) 
shall incorporate the concepts of phased identification and 
evaluation set forth in section 800.4(b)(2) of title 36, Code 
of Federal Regulations, or successor regulation. 
SEC. 123. CONSULTATION UNDER THE ENDANGERED SPE-
CIES ACT. 
(a) NO CONSULTATION IF ACTION NOT LIKELY TO 
ADVERSELY AFFECT A LISTED SPECIES OR DESIGNATED 
CRITICAL HABITAT.—With respect to a forest manage-
ment activity carried out pursuant to this Act, consulta-
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tion under section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536) shall not be required if the Sec-
retary concerned determines that the such forest manage-
ment activity is not likely to adversely affect a listed spe-
cies or designated critical habitat. 
(b) EXPEDITED CONSULTATION.— 
(1) IN
GENERAL.—With respect to a forest 
management activity carried out pursuant to this 
Act, consultation required under section 7 of the En-
dangered Species Act of 1973 (16 U.S.C. 1536) 
shall be concluded within the 90-day period begin-
ning on the date on which such consultation was re-
quested by the Secretary concerned. 
(2) NO CONCLUSION.—In the case of a con-
sultation described in paragraph (1) that is not con-
cluded within the 90-day period, the forest manage-
ment activity for which such consultation was initi-
ated— 
(A) shall be considered to have not violated 
section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536(a)(2)); and 
(B) may be carried out. 
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and conducting management activities pursuant to 
paragraph (1) shall not be construed to designate 
the Federal forest land as Indian forest lands for 
any other purpose. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) FEDERAL FOREST LAND.—The term 
‘Federal forest land’ means— 
‘‘(i) National Forest System lands; 
and 
‘‘(ii) public lands (as defined in sec-
tion 103(e) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 
1702(e))), including Coos Bay Wagon 
Road Grant lands reconveyed to the 
United States pursuant to the first section 
of the Act of February 26, 1919 (40 Stat. 
1179), and Oregon and California Railroad 
Grant lands. 
‘‘(B) SECRETARY CONCERNED.—The term 
‘Secretary concerned’ means— 
‘‘(i) the Secretary of Agriculture, with 
respect to the Federal forest land referred 
to in subparagraph (A)(i); and 
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