,,ii  #aaeth ,,congress  #ast ,session  
,s4 #badj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #af1 
#bjag ,mr4 ,risch introduced the        
following bill2 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 
,idaho1 and for other purposes4  #a4    
,finding ,congress finds that the       
exchange of ,federal land and           
non-,federal land under this ,act       
furthers the public objectives referred 
to in section #bjf of the ,federal ,land
 ,policy and ,management ,act of #aigf  
7#dc ,u4,s4,c4 #agaf7 for the following 
reasons3  7#a7 ,on ,december #ba1 #bjjg1
 the ,bureau of ,land ,management issued
 a ,final ,decision ,record and ,finding
 of ,no ,significant ,impact approving  
the ,blackrock ,land ,exchange1         
,,idi-#ceccg1 between the ,united       
,states and the ,j4,r4 ,simplot         
,company1 an ,idaho ,corporation1       

involving ,federal land in the          
,pocatello ,field ,office in the ,state 
of ,idaho4  7#b7 ,the ,final ,decision  
,record was issued as a result of a     
multiyear review and public input       
process under the ,national             
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq471 under    
which the ,bureau of ,land ,management  
found--  7,a7 7i7 the #b parcels of     
,federal land comprising #gah4ef acres  
that are proposed for conveyance to the 
,j4,r4 ,simplot ,company are managed by 
the ,bureau of ,land ,management in the 
,state of ,idaho2 and  7ii7 the         
conveyance of the ,federal land         
described in clause 7i7 is consistent   
with-- 7,i7 the multiple-use statutory  
mission of the ,bureau of ,land         
,management2 and  7,,ii7 the ,pocatello 
,resource ,management ,plan2  7,b7 the  
#c parcels of non-,federal land         
comprising #fff4ib acres that are       
proposed for conveyance to the ,united  
,states--  7i7 are owned by the ,j4,r4  

,simplot ,company2 and  7ii7 provide    
greater resources and values to the     
,united ,states than the resources and  
values of the ,federal land1 including  
through the ,united ,states--  7,i7     
consolidating ,federal land2  7,,ii7    
gaining direct access to adjacent       
,federal land2 and  7,,iii7 acquiring   
critical deer habitat2  7,c7 the        
,federal land is adjacent to the        
phosphate ore processing facility of the
 ,j4,r4 ,simplot ,company2  7,d7        
carrying out the land exchange under    
this ,act would provide a buffer and an 
expansion area for a possible phosphate 
disposal facility2  7,e7 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 entities1 primarily the    
,state of ,idaho and the ,environmental 
,protection ,agency1 would still have   
the responsibility and authority to make
 decisions relating to the approval of  

any future phosphate disposal           
facilities2 and  7,f7 after consultation
 with the ,shoshone-,bannock ,tribes1 a 
federally recognized ,tribe with ,tribal
 headquarters at ,fort ,hall1 ,idaho1   
the ,bureau of ,land ,management        
determined that--  7i7 the land exchange
 authorized under this ,act would result
 in a net loss of #eb acres of public   
land2 but  7ii7 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 ,tribes4  7#c7 ,on    
,june #e1 #bjji1 the ,interior ,board of
 ,land ,appeals of the ,department of   
the ,interior issued an order1 numbered 
,,ibla #bjji-bg1 affirming the ,final   
,decision ,record of the ,bureau of     
,land ,management4  7#d7 ,on ,may #c1   
#bjaa1 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 #aifi   
7#db ,u4,s4,c4 #dcba et seq47 by failing
 to prepare a full environmental impact 
statement on detailed future uses1      
rather than an environmental assessment1
 with respect to the proposed land      
exchange4  7#e7 ,the ,bureau of ,land   
,management and the ,j4,r4 ,simplot     
,company-- 7,a7 disagreed with the      
decision described in paragraph 7#d72   
and  7,b7 argued that the ,final        
,decision ,record adequately analyzed   
the foreseeable environmental effects of
 the land exchange authorized under this
 ,act4  7#f7 ,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 outcome1 not only for the
 ,federal land to be exchanged under    
this ,act1 but also for other land owned
 by the ,united ,states that is         

identified for disposal4  7#g7 ,the land
 exchange authorized under this ,act--  
7,a7 would permanently resolve the      
conflict relating to the ,federal land  
and non-,federal land2 and  7,b7 is in  
the public interest4  #b4 ,definitions  
,in this ,act3  7#a7 ,federal land ,the 
term ,federal land means the #b parcels 
of ,federal land within the ,pocatello  
,field ,office in the ,state1 comprising
 a total of approximately #gah4ef acres1
 as identified in ,exhibit ,a--,federal 
,land in the ,final ,decision ,record4  
7#b7 ,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 #ba1 #bjjg1 approving the     
,blackrock ,land ,exchange1             
,,idi-#ceccg1 involving ,federal land in
 the ,pocatello ,field ,office in the   
,state4  7#c7 ,j4,r4 simplot ,the term  
,j4,r4 ,simplot means the ,j4,r4        

,simplot ,company1 a ,corporation in the
 ,state1 with headquarters in ,boise1   
,idaho4  7#d7 ,non-,federal land ,the   
term non-,federal land means the #c     
parcels of land owned by ,j4,r4         
,simplot1 comprising a total of         
approximately #fff4ib acres1 as         
identified in ,exhibit ,b--,non-,federal
 ,land in the ,final ,decision ,record4 
7#e7 ,order ,the term ,order means the  
order of the ,interior ,board of ,land  
,appeals of the ,department of the      
,interior numbered ,,ibla #bjji-bg and  
issued on ,june #e1 #bjji4  7#f7        
,secretary ,the term ,secretary means   
the ,secretary of the ,interior4  7#g7  
,state ,the term ,state means the ,state
 of ,idaho4  #c4 ,exchange of ,federal  
land and non-,federal land  7a7         
,requirement for land exchange  7#a7 ,in
 general ,subject to the provisions of  
this ,act1 if ,j4,r4 ,simplot offers to 
convey to the ,secretary all right1     
title1 and interest of ,j4,r4 ,simplot  
in and to the non-,federal land1 the    

,secretary shall convey to ,j4,r4       
,simplot all right1 title1 and interest 
of the ,united ,states in and to the    
,federal land4  7#b7 ,deadline for      
completion ,the land exchange under this
 ,act shall be completed by not later   
than #ij days after the date of         
enactment of this ,act4  7b7 ,form of   
conveyance  7#a7 ,non-,federal land     
,title to the non-,federal land conveyed
 by ,j4,r4 ,simplot to the ,secretary   
shall-- 7,a7 be by general warranty     
deed2  7,b7 be subject to existing      
rights of record2 and  7,c7 otherwise   
conform to the title approval standards 
of the ,attorney ,general applicable to 
land acquisitions by the ,federal       
,government4  7#b7 ,federal land ,the   
,federal land to be conveyed under this 
,act shall be quitclaimed by the        
,secretary to ,j4,r4 ,simplot by an     
exchange deed4  7c7 ,maps and legal     
descriptions  7#a7 ,in general ,as soon 
as practicable after the date of        
enactment of this ,act1 the ,secretary  

shall finalize a map and legal          
descriptions of each parcel of ,federal 
land and non-,federal land to be        
conveyed under this ,act4  7#b7         
,availability ,the maps and legal       
descriptions finalized under paragraph  
7#a7 shall be on file and available for 
public inspection in each appropriate   
office of the ,secretary4  7#c7         
,correction of errors ,the ,secretary   
may correct any minor error in a map or 
legal description finalized under       
paragraph 7#a74  7d7 ,costs of exchange 
,j4,r4 ,simplot shall pay1 or reimburse 
the ,secretary1 for all land survey1    
land title1 deed preparation1 and other 
costs incurred by the ,secretary in     
carrying out the land exchange under    
this ,act4  #d4 ,valuation of ,federal  
land and non-,federal land  7a7         
,findings ,congress finds that-- 7#a7   
appraisals for the ,federal land and    
non-,federal land to be exchanged under 
this ,act have been--  7,a7 completed   
under the direction and control of the  

,office of ,valuation ,services of the  
,department of the ,interior2 and  7,b7 
approved by the ,secretary in           
conjunction with preparation of the     
,final ,decision ,record2  7#b7 the     
appraisals described in paragraph 7#a7  
determined that the value of the        
,federal land exceeded the value of the 
non-,federal land by approximately      
#e1jjj2 and  7#c7 based on the          
appraisals described in paragraph 7#a71 
,j4,r4 ,simplot would make a #e1jjj cash
 equalization payment to the ,secretary 
to equalize the values of the ,federal  
land and non-,federal land in accordance
 with section #bjf of the ,federal ,land
 ,policy and ,management ,act of #aigf  
7#dc ,u4,s4,c4 #agjf74  7b7 ,appraised  
values of ,federal land and non-,federal
  7#a7 ,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 ,act4  7#b7 ,no     

reappraisal ,the ,federal land and      
non-,federal land shall not be subject  
to reappraisal for purposes of the land 
exchange under this ,act4  #e4 ,effect  
and judicial review  7a7 ,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 #aifi    
7#db ,u4,s4,c4 #dcba et seq474  7b7     
,judicial review ,the exchange of       
,federal land and non-,federal land     
under this ,act-- 7#a7 shall not be     
subject to judicial or administrative   
review2 and  7#b7 shall not abrogate1 or
 otherwise have any effect on1 the      
,order4