II 

115TH CONGRESS 

1ST SESSION S. 2140 

To provide for an exchange of Federal land and non-Federal land in the 

State of Idaho, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2017 

Mr. RISCH introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To provide for an exchange of Federal land and non-Federal 

land in the State of Idaho, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDING. 

4 Congress finds that the exchange of Federal land and 

5 non-Federal land under this Act furthers the public objec6 tives referred to in section 206 of the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 1716) for the 

8 following reasons: 

9 (1) On December 21, 2007, the Bureau of 

10 Land Management issued a Final Decision Record 


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1 and Finding of No Significant Impact approving the 

2 Blackrock Land Exchange, IDI–35337, between the 

3 United States and the J.R. Simplot Company, an 

4 Idaho Corporation, involving Federal land in the Po5 catello Field Office in the State of Idaho. 

6 (2) The Final Decision Record was issued as a 

7 result of a multiyear review and public input process 

8 under the National Environmental Policy Act of 

9 1969 (42 U.S.C. 4321 et seq.), under which the Bu10 reau of Land Management found— 

11 (A)(i) the 2 parcels of Federal land com12 prising 718.56 acres that are proposed for con13 veyance to the J.R. Simplot Company are man14 aged by the Bureau of Land Management in 

15 the State of Idaho; and 

16 (ii) the conveyance of the Federal land de17 scribed in clause (i) is consistent with— 

18 (I) the multiple-use statutory mission 

19 of the Bureau of Land Management; and 

20 (II) the Pocatello Resource Manage21 ment Plan; 

22 (B) the 3 parcels of non-Federal land com23 prising 666.92 acres that are proposed for con24 veyance to the United States— 


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1 (i) are owned by the J.R. Simplot 

2 Company; and 

3 (ii) provide greater resources and val4 ues to the United States than the re5 sources and values of the Federal land, in6 cluding through the United States— 

7 (I) consolidating Federal land; 

8 (II) gaining direct access to adja9 cent Federal land; and 

10 (III) acquiring critical deer habi11 tat; 

12 (C) the Federal land is adjacent to the 

13 phosphate ore processing facility of the J.R. 

14 Simplot Company; 

15 (D) carrying out the land exchange under 

16 this Act would provide a buffer and an expan17 sion area for a possible phosphate disposal facil18 ity; 

19 (E) the land exchange under this Act 

20 would not authorize any potential future siting 

21 of a new phosphate disposal facility or related 

22 facilities because other governmental entities, 

23 primarily the State of Idaho and the Environ24 mental Protection Agency, would still have the 

25 responsibility and authority to make decisions 


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1 relating to the approval of any future phosphate 

2 disposal facilities; and 

3 (F) after consultation with the Shoshone4 Bannock Tribes, a federally recognized Tribe 

5 with Tribal headquarters at Fort Hall, Idaho, 

6 the Bureau of Land Management determined 

7 that— 

8 (i) the land exchange authorized 

9 under this Act would result in a net loss 

10 of 52 acres of public land; but 

11 (ii) the loss of public land acreage 

12 would be outweighed by the superior nat13 ural resources acquired in the land ex14 change that would enhance and increase 

15 opportunities for off-Reservation hunting 

16 and gathering by members of the Tribes. 

17 (3) On June 5, 2009, the Interior Board of 

18 Land Appeals of the Department of the Interior 

19 issued an order, numbered IBLA 2009–27, affirm20 ing the Final Decision Record of the Bureau of 

21 Land Management. 

22 (4) On May 3, 2011, the Federal District Court 

23 for the District of Idaho issued a decision finding 

24 that the Bureau of Land Management violated the 

25 National Environmental Policy Act of 1969 (42 


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1 U.S.C. 4321 et seq.) by failing to prepare a full en2 vironmental impact statement on detailed future 

3 uses, rather than an environmental assessment, with 

4 respect to the proposed land exchange. 

5 (5) The Bureau of Land Management and the 

6 J.R. Simplot Company— 

7 (A) disagreed with the decision described 

8 in paragraph (4); and 

9 (B) argued that the Final Decision Record 

10 adequately analyzed the foreseeable environ11 mental effects of the land exchange authorized 

12 under this Act. 

13 (6) The fundamental disagreement over the 

14 level of analysis needed to complete the land ex15 change authorized under this Act raises the possi16 bility of an endless cycle of Federal analysis and liti17 gation that has no certain outcome, not only for the 

18 Federal land to be exchanged under this Act, but 

19 also for other land owned by the United States that 

20 is identified for disposal. 

21 (7) The land exchange authorized under this 

22 Act— 

23 (A) would permanently resolve the conflict 

24 relating to the Federal land and non-Federal 

25 land; and 


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1 (B) is in the public interest. 

2 SEC. 2. DEFINITIONS. 

3 In this Act: 

4 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

5 means the 2 parcels of Federal land within the Po6 catello Field Office in the State, comprising a total 

7 of approximately 718.56 acres, as identified in ‘‘Ex8 hibit A—Federal Land’’ in the Final Decision 

9 Record. 

10 (2) FINAL DECISION RECORD.—The term 

11 ‘‘Final Decision Record’’ means the Final Decision 

12 Record and Finding of No Significant Impact of the 

13 Bureau of Land Management issued by the Bureau 

14 of Land Management on December 21, 2007, ap15 proving the Blackrock Land Exchange, IDI–35337, 

16 involving Federal land in the Pocatello Field Office 

17 in the State. 

18 (3) J.R. SIMPLOT.—The term ‘‘J.R. Simplot’’ 

19 means the J.R. Simplot Company, a Corporation in 

20 the State, with headquarters in Boise, Idaho. 

21 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed22 eral land’’ means the 3 parcels of land owned by 

23 J.R. Simplot, comprising a total of approximately 

24 666.92 acres, as identified in ‘‘Exhibit B—Non-Fed25 eral Land’’ in the Final Decision Record. 


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1 (5) ORDER.—The term ‘‘Order’’ means the 

2 order of the Interior Board of Land Appeals of the 

3 Department of the Interior numbered IBLA 2009– 

4 27 and issued on June 5, 2009. 

5 (6) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 (7) STATE.—The term ‘‘State’’ means the State 

8 of Idaho. 

9 SEC. 3. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL 

10 LAND. 

11 (a) REQUIREMENT FOR LAND EXCHANGE.— 

12 (1) IN GENERAL.—Subject to the provisions of 

13 this Act, if J.R. Simplot offers to convey to the Sec14 retary all right, title, and interest of J.R. Simplot in 

15 and to the non-Federal land, the Secretary shall con16 vey to J.R. Simplot all right, title, and interest of 

17 the United States in and to the Federal land. 

18 (2) DEADLINE FOR COMPLETION.—The land 

19 exchange under this Act shall be completed by not 

20 later than 90 days after the date of enactment of 

21 this Act. 

22 (b) FORM OF CONVEYANCE.— 

23 (1) NON-FEDERAL LAND.—Title to the non24 Federal land conveyed by J.R. Simplot to the Sec25 retary shall— 


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1 (A) be by general warranty deed; 

2 (B) be subject to existing rights of record; 

3 and 

4 (C) otherwise conform to the title approval 

5 standards of the Attorney General applicable to 

6 land acquisitions by the Federal Government. 

7 (2) FEDERAL LAND.—The Federal land to be 

8 conveyed under this Act shall be quitclaimed by the 

9 Secretary to J.R. Simplot by an exchange deed. 

10 (c) MAPS AND LEGAL DESCRIPTIONS.— 

11 (1) IN GENERAL.—As soon as practicable after 

12 the date of enactment of this Act, the Secretary 

13 shall finalize a map and legal descriptions of each 

14 parcel of Federal land and non-Federal land to be 

15 conveyed under this Act. 

16 (2) AVAILABILITY.—The maps and legal de17 scriptions finalized under paragraph (1) shall be on 

18 file and available for public inspection in each appro19 priate office of the Secretary. 

20 (3) CORRECTION OF ERRORS.—The Secretary 

21 may correct any minor error in a map or legal de22 scription finalized under paragraph (1). 

23 (d) COSTS OF EXCHANGE.—J.R. Simplot shall pay, 

24 or reimburse the Secretary, for all land survey, land title, 


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1 deed preparation, and other costs incurred by the Sec2 retary in carrying out the land exchange under this Act. 

3 SEC. 4. VALUATION OF FEDERAL LAND AND NON-FEDERAL 

4 LAND. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) appraisals for the Federal land and non7 Federal land to be exchanged under this Act have 

8 been— 

9 (A) completed under the direction and con10 trol of the Office of Valuation Services of the 

11 Department of the Interior; and 

12 (B) approved by the Secretary in conjunc13 tion with preparation of the Final Decision 

14 Record; 

15 (2) the appraisals described in paragraph (1) 

16 determined that the value of the Federal land ex17 ceeded the value of the non-Federal land by approxi18 mately $5,000; and 

19 (3) based on the appraisals described in para20 graph (1), J.R. Simplot would make a $5,000 cash 

21 equalization payment to the Secretary to equalize 

22 the values of the Federal land and non-Federal land 

23 in accordance with section 206 of the Federal Land 

24 Policy and Management Act of 1976 (43 U.S.C. 

25 1706). 


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1 (b) APPRAISED VALUES OF FEDERAL LAND AND

2 NON-FEDERAL.— 

3 (1) IN GENERAL.—The appraised values of the 

4 Federal land and non-Federal land approved by the 

5 Secretary in the Final Decision Record shall be the 

6 values used for purposes of the land exchange under 

7 this Act. 

8 (2) NO REAPPRAISAL.—The Federal land and 

9 non-Federal land shall not be subject to reappraisal 

10 for purposes of the land exchange under this Act. 

11 SEC. 5. EFFECT AND JUDICIAL REVIEW. 

12 (a) EFFECT.—The exchange of Federal land and 

13 non-Federal land under this Act shall not constitute a 

14 major Federal action for purposes of the National Envi15 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

16 (b) JUDICIAL REVIEW.—The exchange of Federal 

17 land and non-Federal land under this Act— 

18 (1) shall not be subject to judicial or adminis19 trative review; and 

20 (2) shall not abrogate, or otherwise have any ef21 fect on, the Order. 

Æ 


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