Regarding the Early Winters Resort.
PL 101-560 (H.R.5507), enacted 11/15/1990

PUBLIC LAW 101-560—NOV. 15, 1990 
104 STAT. 2775 
Public Law 101-560 
101st Congress 
An Act 
Regarding the Early Winters Resorts. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. LAND EXCHANGE. 
(aXD The Secretary of Agriculture (hereafter in this Act referred 
to as the "Secretary") and the Secretary of the Interior shall, subject 
to subsection (b), take all actions necessary to effect the conveyance 
of certain Federal lands within the State of Washington as generally 
depicted on the map entitled "Location of Selected Okanogan Na-
tional Forest Lands" and dated May 15, 1990, in exchange for 
certain lands £is generally depicted on maps entitled "Glacier Peak 
Wilderness Parcels" and "Methow Valley Parcels", both dated 
May 15, 1990. Such maps shall be on file and available for public 
inspection in the office of the Chief of the Forest Service, Depart-
ment of Agriculture. 
(2) Conveyance of National Forest lands pursuant to paragraph (1) 
shall be by the Secretary of Agriculture. The Secretary of the 
Interior, upon request of the Secretary of Agriculture, shall convey 
such public lands as may be required in order to complete such 
exchange. The conveyances shall be subject to such easements, 
restrictions, and other conditions as each Secretary may impose in 
order to meet applicable requirements of law, to further the pur-
poses for which adjacent Federal lands are managed, or to protect 
the public interest. 
ObXD The exchange described in subsection (a) shall be analyzed 
by the Secretary of Agriculture pursuant to applicable law. The 
Secretary shall make every effort to complete such analysis and to 
issue a record of decision thereon by October 1, 1991, consistent with 
the requirements of such law. 
(2) Analysis pursuant to paragraph (1) shall be of the exchange 
described in subsection (a), except to the extent the Secretary pro-
poses to modify the size or number of parcels of Federal lands to be 
conveyed in order to equalize values (except as otherwise provided in 
this Act) or to meet other requirements of applicable law. Nothing 
in this Act shall be construed as requiring consideration of other 
lands as part of any alternative considered in such analysis. 
(3) Appraisals of the Federal lands described in subsection (a) shall 
be completed by September 1,1991, or as soon thereafter as possible, 
on the basis of highest and best use (including use as part of the 
proposed resort complex), and in accordance with procedures re-
quired by Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1716) (hereafter in this Act referred to as "FLPMA"). Such 
appraisals shall be of the values of the lands involved as of Novem-
ber 1, 1990. Any exchange of such lands shall be for lands of equal 
value, or if they are not equal, the values shall be equalized in either 
one of two ways: 
Nov. 15, 1990 
[H.R. 5507] 
Washington. 
National forests. 
Public lands. 
Wilderness 
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 (aXD. 
(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 (aXl), 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 re-
quired for approval of the application referred to in subpara-
graph (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 accord-
ance 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. 
PUBLIC LAW 101-560—NOV. 15, 1990 
104 STAT. 2777 
(c) The courts shall expeditiously render their final decision rel-
ative to any action or appeal, or any further judicial review of the 
actions of the Forest Service pursuant to this Act. The district court 
shall make every effort to render its final decision relative to any 
action within 60 days from the date such action is filed, and the 
court of appeals shall make every effort to render its final decision 
relative to any appeal within 90 days from the date such appeal is 
filed. 
SEC. 3. OTHER LAWS. 
Nothing in this Act shall be construed as amending the National 
Environmental Policy Act of 1969 or the Endangered Species Act of 
1973 or as modifying the applicability of those Acts or any other 
provisions of law otherwise applicable with respect to any activities 
occurring on or proposed for any of the lands affected by this Act. 
SEC. 4. ENVIRONMENTAL ANALYSIS. 
The sum of $500,000 is hereby authorized to be appropriated 
under this Act for the Forest Service to prepare the Supplement to 
the Final Environmental Impact Statement (hereafter in this sec-
tion referred to as "SEIS") for the proposed Early Winters Resort in 
the Methow Valley, Washington State. This sum may be used by the 
Forest Service to employ additional employees or consultants in the 
preparation of the SEIS. The SEIS shall be completed, and a final 
Record of Decision shall be issued by the Forest Service as soon as 
possible, consistent with applicable requirements of law. 
Approved November 15, 1990. 
Courts. 
Appropriation 
authorization. 
LEGISLATIVE HISTORY—H.R. 5507: 
HOUSE REPORTS: No. 101-843, Pt. 1 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 10, considered and passed House. 
Oct. 26, considered and passed Senate. 
o