1969 (42 U.S.C. 4332(2)(C)), given the analysis included
in the Final Supplemental Impact Statement on the Man-
agement of the Habitat for Late Succession and Old
Growth Forest Related Species Within the Range of the
Northern Spotted Owl, prepared by the Secretary of Agri-
culture and the Secretary of the Interior in 1994, which
is, or may be, incorporated by reference in the administra-
tive record of any such regulation. The issuance of any
such regulation pursuant to section 4(d) of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533(d)) shall not
require the preparation of an environmental impact state-
ment under section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(l) ADMINISTRATIVE REVIEW.—Forest fire fuels re-
duction timber sales and any decision of the Secretary con-
cerned in connection with such sales, shall not be subject
to administrative review.
(m) JUDICIAL REVIEW.—
(1) PLACE AND TIME OF FILING.—A forest fire
fuels reduction timber sale to be conducted, and a
timber sale shall be subject to judicial review only in
the United States district court for the district in
which the affected Federal lands are located. Any
challenge to such sale must be filed in such district
court within 15 days after the date of initial adver-
tisement of the challenged sale. The Secretary may
not agree to, and a court may not grant, a waiver
of the requirements of this paragraph.
(2) EFFECT OF FILING ON AGENCY ACTION.—
For 45 days after the date of the filing of a chal-
lenge to a forest fire fuels reduction timber sale, the
Secretary shall take no action to award the chal-
lenged sale.
(3) PROHIBITION
ON
RESTRAINING
ORDERS,
PRELIMINARY IN-JUNCTIONS, AND RELIEF PENDING
REVIEW.—No restraining order, preliminary injunc-
tion, or injunction pending appeal shall be issued by
any court of the United States with respect to any
decision to prepare, advertise, offer, award, or oper-
ate a forest fire fuels reduction timber sale or any
decision to prepare, advertise, offer, award, or oper-
ate a timber sale pursuant to this section. Section
705 of title 5, United States Code, shall not apply
to any challenge to such a sale.
(4) STANDARD OF REVIEW.—The courts shall
have authority to enjoin permanently, order modi-
fication of, or void an individual forest fire fuels re-
duction timber sale if it is determined by a review
of the record that the decision to prepare, advertise,
offer, award, or operate such sale was arbitrary and
capricious or otherwise not in accordance with appli-
cable law (other than those laws specified in sub-
section (f) or (p)).
(5) TIME
FOR
DECISION.—Civil actions filed
under this subsection shall be assigned for hearing
at the earliest possible date. The court shall render
its final decision relative to any challenge within 45
days from the date such challenge is brought, unless
the court determines that a longer period of time is
required to satisfy the requirement of the United
States Constitution. In order to reach a decision
within 45 days, the district court may assign all or
part of any such case or cases to one or more Spe-
cial Masters, for prompt review and recommenda-
tions to the court.
(6) PROCEDURES.—Notwithstanding any other
provision of law, the court may set rules governing
the procedures of any proceeding brought under this
subsection which set page limits on briefs and time
limits on filing briefs and motions and other actions
which are shorter than the limits specified in the
Federal rules of civil or appellate procedure.
(7) APPEAL.—Any appeal from the final deci-
sion of a district court in an action brought pursu-
ant to this subsection shall be filed not later than 30
days after the date of decision.
(n) EXCLUSION OF CERTAIN FEDERAL LANDS.—
(1) EXCLUSION.—The Secretary may not select,
authorize, or undertake any forest fire fuels reduc-
tion timber sale on any excluded lands described in
paragraph (2).
(2) DESCRIPTION OF EXCLUDED LANDS.—The
lands referred to in paragraph (1) are as follows:
(A) Any area on Federal lands included in
the National Wilderness Preservation System.
(B) Any roadless area on Federal lands
recommended by the Forest Service or Bureau
of Land Management for wilderness designation
in its most recent land management plan in ef-
fect as of the date of the enactment of this Act.
(C) Any area on Federal lands on which
timber harvesting for any purpose is prohibited
by statute.
(o) RULE MAKING.—The Secretary is not required
to issue formal rules under section 553 of title 5, United
States Code, to implement this section or carry out the
authorities provided by this section.
(p) EFFECT ON OTHER LAWS.—The documents and
procedures required by this section for the preparation,
advertisement, offering, awarding, and operation of any
forest fire fuels reduction timber sale shall be deemed to
satisfy the requirements of the following applicable Fed-
eral laws (and regulations implementing such laws):
(1) The Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1600 et
seq.).
(2) The Federal Land Policy and Management
Act of 1976(43 U.S.C. 1701 et seq.).
(3) The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(4) The Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(5) The National Forest Management Act of
1976 (16 U.S.C. 472a et seq.).
(6) The Multiple-Use Sustained-Yield Act of
1960 (16 U.S.C. 528 et seq.).
(7) Any compact, executive agreement, conven-
tion, treaty, and international agreement, and imple-
menting legislation related thereto.
(q) THREATENED OR ENDANGERED SPECIES.—No
sale unit shall be released or completed under this sub-
section if any threatened or endangered bird species is
known to be nesting within the acreage that is the subject
of the sale unit.
(r) ROADLESS CHARACTER.—The actions authorized
by this section shall not affect the determination of any
area’s wilderness capability, wilderness suitability, or
roadless character.
(s) REPORTING.—The Secretary shall report to Con-
gress on the implementation of this section on or by No-
vember 30, 2002 and every 6 months thereafter.
Æ