; and (2) with respect to the phased identification and evaluation described in paragraph (1), apply the criteria of adverse effect consistent with phased identification and evaluation under section 800.5(a)(3) of title 36, Code of Federal Regulations, or successor regulation. (b) Expedited consultation (1) In general In the case of a forest management activity carried out pursuant to this Act that is not the subject of a phased identification and evaluation under subsection (a), consultation under section 106 of the National Historic Preservation Act ( 54 U.S.C. 306108 ) shall be concluded within the 90-day period beginning on the date on which such consultation was requested by the Secretary concerned. (2) No conclusion In the case of a consultation described in paragraph (1) that is not concluded within the 90-day period, the forest management activity for which such consultation was initiated— (A) shall be considered to have not violated section 106 of the National Historic Preservation Act ( 54 U.S.C. 306108 )