109 STAT. 244
PUBLIC LAW 104-19-JULY 27, 1995
later than any applicable restocking period required by law
or regulation.
(9) EFFECT ON JUDICIAL DECISIONS.— The Secretary concerned may conduct salvage timber sales under subsection (b)
notwithstanding any decision, restraining order, or injunction
issued by a United States court before the date of the enactment
of this section.
(d) DIRECTION TO COMPLETE TIMBER SALES ON LANDS COVERED
BY OPTION 9. —Notwithstanding any other law (including a law
under the authority of which any judicial order may be outstanding
on or after the date of enactment of this Act), the Secretary concerned shall expeditiously prepare, offer, and award timber sale
contracts on Federal lands described in the "Record of Decision
for Amendments to Forest Service and Bureau of Land Management
Planning Documents Within the Range of the Northern Spotted
Owl", signed by the Secretary of the Interior and the Secretary
of Agriculture on April 13, 1994. The Secretary concerned may
conduct timber sales under this subsection notwithstanding any
decision, restraining order, or injunction issued by a United States
court before the date of the enactment of this section. The issuance
of any regulation pursuant to section 4(d) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(d)) to ease or reduce restrictions on
non-Federal lands within the range of the northern spotted owl
shall be deemed to satisfy the requirements of section 102(2)(C)
of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)), given the analysis included in the Final Supplemental
Impact Statement on the Management of the Habitat for Late
Successional and Old Growth Forest Related Species Within the
Range of the Northern Spotted Owl, prepared by the Secretary
of Agriculture and the Secretary of the Interior in 1994, which
is, or may be, incorporated by reference in the administrative record
of any such regulation. The issuance of any such regulation pursuant to section 4(d) of the Endangered Species Act of 1973 (16
U.S.C. 1533(d)) shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(e) ADMINISTRATIVE REVIEW.— Salvage timber sales conducted
under subsection (b), timber sales conducted under subsection (d),
and any decision of the Secretary concerned in connection with
such sales, shall not be subject to administrative review.
(f) JUDICIAL REVIEW.—
(1) PLACE AND TIME OF FILING. —^A salvage timber sale
to be conducted under subsection (b), and a timber sale to
be conducted under subsection (d), 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 advertisement of the challenged
sale. The Secretary concerned 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 challenge to a salvage timber
sale to be conducted under subsection (b) or a timber sale
to be conducted under subsection (d), the Secretary concerned
shall take no action to award the challenged sale.
(3) PROHIBITION ON RESTRAINING ORDERS, PRELIMINARY
INJUNCTIONS, AND RELIEF PENDING REVIEW.— No restraining
�
