[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2140 Introduced in Senate (IS)]

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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.

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

SECTION 1. FINDING.

    Congress finds that the exchange of Federal land and non-Federal 
land under this Act furthers the public objectives referred to in 
section 206 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1716) for the following reasons:
            (1) On December 21, 2007, the Bureau of Land Management 
        issued a Final Decision Record and Finding of No Significant 
        Impact approving the Blackrock Land Exchange, IDI-35337, 
        between the United States and the J.R. Simplot Company, an 
        Idaho Corporation, involving Federal land in the Pocatello 
        Field Office in the State of Idaho.
            (2) The Final Decision Record was issued as a result of a 
        multiyear review and public input process under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
        under which the Bureau of Land Management found--
                    (A)(i) the 2 parcels of Federal land comprising 
                718.56 acres that are proposed for conveyance to the 
                J.R. Simplot Company are managed by the Bureau of Land 
                Management in the State of Idaho; and
                    (ii) the conveyance of the Federal land described 
                in clause (i) is consistent with--
                            (I) the multiple-use statutory mission of 
                        the Bureau of Land Management; and
                            (II) the Pocatello Resource Management 
                        Plan;
                    (B) the 3 parcels of non-Federal land comprising 
                666.92 acres that are proposed for conveyance to the 
                United States--
                            (i) are owned by the J.R. Simplot Company; 
                        and
                            (ii) provide greater resources and values 
                        to the United States than the resources and 
                        values of the Federal land, including through 
                        the United States--
                                    (I) consolidating Federal land;
                                    (II) gaining direct access to 
                                adjacent Federal land; and
                                    (III) acquiring critical deer 
                                habitat;
                    (C) the Federal land is adjacent to the phosphate 
                ore processing facility of the J.R. Simplot Company;
                    (D) carrying out the land exchange under this Act 
                would provide a buffer and an expansion area for a 
                possible phosphate disposal facility;
                    (E) the land exchange under this Act would not 
                authorize any potential future siting of a new 
                phosphate disposal facility or related facilities 
                because other governmental entities, primarily the 
                State of Idaho and the Environmental Protection Agency, 
                would still have the responsibility and authority to 
                make decisions relating to the approval of any future 
                phosphate disposal facilities; and
                    (F) after consultation with the Shoshone-Bannock 
                Tribes, a federally recognized Tribe with Tribal 
                headquarters at Fort Hall, Idaho, the Bureau of Land 
                Management determined that--
                            (i) the land exchange authorized under this 
                        Act would result in a net loss of 52 acres of 
                        public land; but
                            (ii) the loss of public land acreage would 
                        be outweighed by the superior natural resources 
                        acquired in the land exchange that would 
                        enhance and increase opportunities for off-
                        Reservation hunting and gathering by members of 
                        the Tribes.
            (3) On June 5, 2009, the Interior Board of Land Appeals of 
        the Department of the Interior issued an order, numbered IBLA 
        2009-27, affirming the Final Decision Record of the Bureau of 
        Land Management.
            (4) On May 3, 2011, the Federal District Court for the 
        District of Idaho issued a decision finding that the Bureau of 
        Land Management violated the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) by failing to prepare a full 
        environmental impact statement on detailed future uses, rather 
        than an environmental assessment, with respect to the proposed 
        land exchange.
            (5) The Bureau of Land Management and the J.R. Simplot 
        Company--
                    (A) disagreed with the decision described in 
                paragraph (4); and
                    (B) argued that the Final Decision Record 
                adequately analyzed the foreseeable environmental 
                effects of the land exchange authorized under this Act.
            (6) The fundamental disagreement over the level of analysis 
        needed to complete the land exchange authorized under this Act 
        raises the possibility of an endless cycle of Federal analysis 
        and litigation that has no certain outcome, not only for the 
        Federal land to be exchanged under this Act, but also for other 
        land owned by the United States that is identified for 
        disposal.
            (7) The land exchange authorized under this Act--
                    (A) would permanently resolve the conflict relating 
                to the Federal land and non-Federal land; and
                    (B) is in the public interest.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the 2 
        parcels of Federal land within the Pocatello Field Office in 
        the State, comprising a total of approximately 718.56 acres, as 
        identified in ``Exhibit A--Federal Land'' in the Final Decision 
        Record.
            (2) Final decision record.--The term ``Final Decision 
        Record'' means the Final Decision Record and Finding of No 
        Significant Impact of the Bureau of Land Management issued by 
        the Bureau of Land Management on December 21, 2007, approving 
        the Blackrock Land Exchange, IDI-35337, involving Federal land 
        in the Pocatello Field Office in the State.
            (3) J.R. simplot.--The term ``J.R. Simplot'' means the J.R. 
        Simplot Company, a Corporation in the State, with headquarters 
        in Boise, Idaho.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the 3 parcels of land owned by J.R. Simplot, comprising a total 
        of approximately 666.92 acres, as identified in ``Exhibit B--
        Non-Federal Land'' in the Final Decision Record.
            (5) Order.--The term ``Order'' means the order of the 
        Interior Board of Land Appeals of the Department of the 
        Interior numbered IBLA 2009-27 and issued on June 5, 2009.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means the State of Idaho.

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

    (a) Requirement for Land Exchange.--
            (1) In general.--Subject to the provisions of this Act, if 
        J.R. Simplot offers to convey to the Secretary all right, 
        title, and interest of J.R. Simplot in and to the non-Federal 
        land, the Secretary shall convey to J.R. Simplot all right, 
        title, and interest of the United States in and to the Federal 
        land.
            (2) Deadline for completion.--The land exchange under this 
        Act shall be completed by not later than 90 days after the date 
        of enactment of this Act.
    (b) Form of Conveyance.--
            (1) Non-federal land.--Title to the non-Federal land 
        conveyed by J.R. Simplot to the Secretary shall--
                    (A) be by general warranty deed;
                    (B) be subject to existing rights of record; and
                    (C) otherwise conform to the title approval 
                standards of the Attorney General applicable to land 
                acquisitions by the Federal Government.
            (2) Federal land.--The Federal land to be conveyed under 
        this Act shall be quitclaimed by the Secretary to J.R. Simplot 
        by an exchange deed.
    (c) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall finalize a map and 
        legal descriptions of each parcel of Federal land and non-
        Federal land to be conveyed under this Act.
            (2) Availability.--The maps and legal descriptions 
        finalized under paragraph (1) shall be on file and available 
        for public inspection in each appropriate office of the 
        Secretary.
            (3) Correction of errors.--The Secretary may correct any 
        minor error in a map or legal description finalized under 
        paragraph (1).
    (d) Costs of Exchange.--J.R. Simplot shall pay, or reimburse the 
Secretary, for all land survey, land title, deed preparation, and other 
costs incurred by the Secretary in carrying out the land exchange under 
this Act.

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

    (a) Findings.--Congress finds that--
            (1) appraisals for the Federal land and non-Federal land to 
        be exchanged under this Act have been--
                    (A) completed under the direction and control of 
                the Office of Valuation Services of the Department of 
                the Interior; and
                    (B) approved by the Secretary in conjunction with 
                preparation of the Final Decision Record;
            (2) the appraisals described in paragraph (1) determined 
        that the value of the Federal land exceeded the value of the 
        non-Federal land by approximately $5,000; and
            (3) based on the appraisals described in paragraph (1), 
        J.R. Simplot would make a $5,000 cash equalization payment to 
        the Secretary to equalize the values of the Federal land and 
        non-Federal land in accordance with section 206 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1706).
    (b) Appraised Values of Federal Land and Non-Federal.--
            (1) In general.--The appraised values of the Federal land 
        and non-Federal land approved by the Secretary in the Final 
        Decision Record shall be the values used for purposes of the 
        land exchange under this Act.
            (2) No reappraisal.--The Federal land and non-Federal land 
        shall not be subject to reappraisal for purposes of the land 
        exchange under this Act.

SEC. 5. EFFECT AND JUDICIAL REVIEW.

    (a) Effect.--The exchange of Federal land and non-Federal land 
under this Act shall not constitute a major Federal action for purposes 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).
    (b) Judicial Review.--The exchange of Federal land and non-Federal 
land under this Act--
            (1) shall not be subject to judicial or administrative 
        review; and
            (2) shall not abrogate, or otherwise have any effect on, 
        the Order.
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