This bill directs the Department of the Interior, if the J.R. Simplot Company offers to convey three identified parcels of land, to convey to the Simplot Company two identified parcels of federal land within the Pocatello Field Office of the Bureau of Land Management in Idaho.
The bill states that the exchange of such federal and nonfederal lands shall not constitute a major federal action for purposes of the National Environmental Policy Act of 1969.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4448 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 4448
To provide for an exchange of Federal land and non-Federal land in the
State of Idaho, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 16, 2017
Mr. Simpson introduced the following bill; which was referred to the
Committee on 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.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall finalize maps
and legal descriptions of all land to be conveyed under this Act. The
Secretary may correct any minor errors in the maps or in the legal
descriptions. The maps and legal descriptions shall be on file and
available for public inspection in appropriate offices of the
Secretary.
(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Federal Lands.
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