; and (B) includes lands that— (i) are visible from key viewing areas, as described in the management plan for the National Scenic Area; (ii) provide screening for human development; (iii) are part of a municipal watershed; or (iv) contain utility or power transmission right-of-ways. (e) Consultation under the Endangered Species Act (1) No Consultation if response activity Not Likely To Adversely Affect a Listed Species or Designated Critical Habitat Consultation under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) shall not be required if the Secretary determines that a response activity is not likely to adversely affect a listed species or designated critical habitat. (2) Expedited Consultation (A) In general With respect to a response activity that is not covered by paragraph (1), consultation required under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) shall be concluded within the 90-day period beginning on the date on which such consultation was requested by the Secretary. (B) Effect of no conclusion In the case of a consultation described in subparagraph (A) that is not concluded within the 90-day period specified in such subparagraph, the response activity for which such consultation was initiated— (i) shall be deemed to have not violated section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) ); and (ii) may be carried out. (f) Prohibition on Restraining Orders, preliminary injunctions, and injunctions pending appeal 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 prepare or conduct a response activity. Section 705 of title 5, United States Code, shall not apply to any challenge to the response activity. (g) Funding source Amounts in the special fund established pursuant to section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act