Sec. 5. Application of expedited procedures and activities of the Healthy Forests Restoration Act of 2003 to designated Forest Service pilot projects

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Subject to subsections

(b)through (e), title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) (including the environmental analysis requirements of section 104 of that Act ( 16 U.S.C. 6514 ), the special administrative review process under section 105 of that Act ( 16 U.S.C. 6515 ), and the judicial review process under section 106 of that Act ( 16 U.S.C. 6516 )), shall apply to all Forest Service projects and activities implementing the land and resource management plan developed for the designated national forests during the term of the emergency circumstance declared under section 4. Section 322 of Public Law 102–381 ( 16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to projects conducted in accordance with this section. In applying title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) to Forest Service projects and activities in designated national forests, the Secretary shall make the following modifications: The authority shall apply to the entire designated national forest, including land that is outside of a wildland-urban interface area or that does not satisfy any of the other eligibility criteria specified in section 102(a) of that Act ( 16 U.S.C. 6512(a) ). All projects and activities of the Forest Service, including necessary connected actions (as described in section 1508.25(a)(1) of title 40, Code of Federal Regulations (or a successor regulation)), shall be considered to be authorized hazardous fuel reduction projects for purposes of applying the title. In the case of a project intended to address the existence of an infestation of disease or insects, or the presence of such an infestation on immediately adjacent land, the Secretary may proceed with the project if there is any risk the infestation will spread, not just in the event of an imminent risk of the spread of the infestation. Forest Service projects and activities in the designated national forest conducted under title I of that Act shall not be counted toward the limitation in section 102(c) of that Act ( 16 U.S.C. 6512(c) ) on the total quantity of acreage that may be treated under that title. Except as provided in paragraph (2), a project conducted in a designated national forest in accordance with this section that comprises less than 10,000 acres shall be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation). Paragraph

(1)does not apply to— a component of the National Wilderness Preservation System; any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; a congressionally designated wilderness study area; or an area in which activities under paragraph

(1)would be inconsistent with the applicable land and resource management plan. No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to engage in any remedial action or to prepare, advertise, offer, award, or operate a timber sale under this section in a designated national forest. Section 705 of title 5, United States Code, shall not apply to any challenge to a sale described in paragraph (1).

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