Page:United States Statutes at Large Volume 104 Part 4.djvu/460

 104 STAT. 2776 PUBLIC LAW 101-560—NOV. 15, 1990 (A) by the payment of money to or by the Secretary (except that such payments shall not exceed 25 percent of the total value of the lands conveyed by the Secretary); or (B) by adjusting the actual acreage conveyed and boundaries thereof so that lands of equal value are exchanged, except that no such adjustment shall be made to the lands identified as "Golf Course and Open Space Parcel" on the maps referred to in subsection (a)(D. (4) The Secretary of the Interior and the Secretary of Agriculture shall make every effort to conclude by November 1, 1991, all steps necessary to complete an exchange involving the lands described in subsection (a)(l), but no Federal Igmds shall be conveyed as part of such an exchange unless and until— (A) the Forest Service has issued a permit for use of Sandy Butte for ski facilities; (B) Okanogan County, Washington, has approved the Early Winters Resort's land use application for lands associated with the resort development; and (C) Early Winters Resort has obtained all water rights required for approval of the application referred to in subparagraph (B). (5) Except as provided in this Act, conveyances of Federal lands under this section shall be completed notwithstanding any other provision of FLPMA or the Federal Land Exchange Facilitation Act of 1988. Lands acquired by the United States pursuant to this section shall be added to, and administered as part of, the National Forest System and, with respect to those portions within wilderness, pursuant to the Wilderness Act. SEC. 2. REVIEWS. (a) With respect to actions pursuant to section 1 or section 4, any record of decision shall be issued by the Chief of the Forest Service and there shall be no further administrative consideration other than a period not to exceed 30 days during which the Chief shall consider and act on any requests to reconsider such record of decision. (b) Judicial challenge to a Record of Decision or subsequent permit based thereon issued under subsection (a) shall be made in accordance with this subsection notwithstanding any other provision of law: (1) Such judicial challenge must be filed within the later of either— (A) 45 days of— (i) such Record of Decision, (ii) action by the Chief in response to a request for reconsideration, or (iii) issuance of a subsequent permit based thereon, or (B) 10 days after the end of any period of advance notice of intent to bring such challenge required by the specific statute under which such challenge is brought. Oregon. (2) Such judicial challenge must be filed in the United States Court for the District of Oregon. (3) Any appeal from a final decision of the district court shall be filed within 45 days after such final decision in the United States Court of Appeals for the Ninth Circuit.

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