; or (3) on which timber harvesting for any purpose is prohibited by Federal statute. 8303. Consultation under the Endangered Species Act (a) No consultation if action not likely To adversely affect a listed species or designated critical habitat With respect to a forest management activity carried out pursuant to this subtitle, consultation under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) shall not be required if the Secretary concerned determines that such forest management activity is not likely to adversely affect a listed species or designated critical habitat. (b) Expedited consultation With respect to a forest management activity carried out pursuant to this subtitle, 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 concerned. 8304. Secretarial discretion in the case of two or more categorical exclusions To the extent that a forest management activity may be categorically excluded under more than one of the sections of this subtitle, the Secretary concerned shall have full discretion to determine which categorical exclusion to use. II Categorical Exclusions 8311. Categorical exclusion to expedite certain critical response actions (a) Categorical exclusion established Forest management activities described in subsection (b) 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 Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). (b) Forest management activities designated for categorical exclusion The category of 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— (1) to