; or (3) a conflict with wildlife. (b) Terms and conditions The terms and conditions contained in a permit or lease for a vacant grazing allotment made available pursuant to subsection (a) shall be the terms and conditions of the most recent permit or lease that was applicable to such allotment. If the terms and conditions of the most recent permit or lease do not support the maximum allowable access, the permit or lease holder shall have immediate access to the allotment under the terms and conditions of the most recent permit or lease and the Secretary and the permit or lease holder shall enter into a negotiation not to exceed 30 days to achieve accessible use that is equal or greater than the use of a lease or permit that the Secretary concerned determines unusable under subsection (a). (c) Court-Issued injunctions A court may not issue any order enjoining the use of any allotment for which a permit or lease has been issued by the Secretary concerned and continues in effect unless the Secretary concerned can make a vacant grazing allotment available to the holder of such permit or lease. (d) Environmental assessment under the National Environmental Policy Act Activities carried out by the Secretary concerned pursuant to subsection (a) 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 ). 10. Certain actions deemed in compliance (a) Actions deemed in compliance During the period beginning on the date of the enactment of this Act and ending on the date described in subsection (b), any action that is taken by a Federal agency, State agency, or other person and that complies with the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq.) is deemed to comply with sections 7(a)(2) and 9(a)(1)(B) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) , 1538(a)(1)(B)) (as amended by this Act) and