S. 2140Senate115th Congress (2017-2019)In Committee

A bill to provide for an exchange of Federal land and non-Federal land in the State of Idaho, and for other purposes.

AI-Generated Summary

Updated April 15, 2026 at 7:13 PM UTC

The bill authorizes a land swap in Idaho between the federal government and the J.R. Simplot Company. About 718.5 acres of federal land would be transferred to Simplot, and about 666.9 acres of Simplot’s land would go to the United States. The exchange is intended to consolidate federal holdings, improve access to nearby federal land, and support a potential phosphate disposal buffer, while also addressing tribal hunting interests.

Key Provisions

If Simplot conveys its 666.9 acres to the Secretary of the Interior, the Secretary must convey the 718.5 acres of federal land to Simplot.
The exchange must be completed within 90 days of the law’s enactment.
Simplot will transfer its land by general warranty deed and will pay a $5,000 cash equalization to the government to balance the slightly higher value of the federal land.
Simplot also must reimburse the government for survey, title, and deed‑preparation costs.
The land values used are those already appraised in the 2007 Final Decision Record; no new appraisal is required.
The swap is not considered a major federal action under NEPA and therefore does not trigger additional environmental review.
The exchange cannot be challenged in court or through administrative appeal, and it does not affect the prior Interior Board order.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Energy and Natural Resources. (Sponsor introductory remarks on measure: CR S7299)

Energy and Natural Resources Committee

November 16, 2017

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SenateIntro Referral

Introduced in Senate

November 16, 2017

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources. (Sponsor introductory remarks on measure: CR S7299)

Energy and Natural Resources Committee

November 16, 2017

Floor Debate

4 members

What members said about S. 2140 on the floor

2 Republicans2 Democrats

Sen. Chris Van HollenD-MD · Nov 16, 2017

Mr. President, today I am introducing the Chesapeake Bay Farm Bill Enhancements Act of 2017 to accelerate our efforts to restore the health of one of America's greatest natural treasures--the…

Mr. President, today I am introducing the Chesapeake Bay Farm Bill Enhancements Act of 2017 to accelerate our efforts to restore the health of one of America's greatest natural treasures--the Chesapeake Bay. This legislation will strengthen our Bay clean-up program by increasing and better targeting resources under the Regional Conservation Partnership Program (RCPP), which is administered by the Department of Agriculture (USDA).

I have long advocated for more effective protection, preservation, and restoration of the Chesapeake Bay. During the development of the Farm Bill of 2008, I worked with my colleagues to adopt the Chesapeake Bay Watershed Initiative, which provided assistance to farmers to help them prevent the excessive runoff of nutrients and sediments into the Bay and its tributaries. As a result of that initiative, about $50 million was invested annually in the Chesapeake Bay watershed.

In the 2014 Farm Bill, the RCPP was established to expand the successful concept of the Chesapeake Bay Initiative to our vital watersheds in the country. The goal of RCPP is to encourage stakeholders to partner with agricultural producers to increase the restoration and sustainable use of soil, water, wildlife and related natural resources on regional or watershed scales.

Mr. President, while very successful nationally, the overall investment in Chesapeake Bay restoration efforts through the RCPP has been reduced relative to investments that were made under the stand- alone Chesapeake Bay Watershed Initiative. That is why today I am introducing the Chesapeake Bay Farm Bill Enhancements Act to make refinements to the RCPP in order to improve conservation efforts in the Chesapeake Bay--and other vital watersheds--through providing additional funding, bolstering the role of critical conservation areas, and improving technical assistance.

On funding, this bill will triple the amount of mandatory funding for RCPP available per fiscal year from $100 million to $300 million. The bill also allows in-kind support to count towards a partner's matching contribution to a project.

The Chesapeake Bay has already been designated as a Critical Conservation Area under the RCPP. However, my bill will make refinements to the requirements for partnership agreements awarded within Critical Conservation Areas that recognize key

strengths of the Chesapeake Bay region. For example, the bill will strengthen the definitions of a critical conservation area to include critical conservation conditions that would improve water quality and water quantity. Furthermore, the bill adds a prioritization for partnership agreement applications that implement the project consistent with multi-State watershed restoration plans and bring together a diverse array of stakeholders into a project.

I have heard from many organizations in my state and others states in the Bay watershed that there is a significant need for better technical assistance to better implement the RCPP. Therefore, my bill authorizes the USDA to advance reasonable amounts of funding to eligible partners for technical assistance. Also, the bill allows the USDA to provide written feedback to applicants throughout the application process on how the proposals can be improved.

Mr. President, I am pleased to be joined in introducing the bill by Senator Cardin, a long-time supporter of the Chesapeake Bay. My other Bay state colleagues, Senators Capito, Kaine, Casey, Manchin, Warner, Carper, Coons and Gillibrand are also original cosponsors of the Chesapeake Bay Farm Bill Enhancements Act. My former colleague Congressman Bobby Scott is introducing a companion measure in the House of Representatives. Furthermore, I am grateful that this bill has the support of Maryland Governor Hogan, 4 other Governors within the Chesapeake Bay Watershed, the Mayor of the District of Columbia, and the Chesapeake Bay Commission. This bill is also supported by over 70 organizations such as the Chesapeake Bay Foundation, and Choose Clean Water. Together, I look forward to working together to see the inclusion of this important legislation in the next Farm Bill.

Sen. James E. RischR-ID · Nov 16, 2017

Mr. President, I rise today to introduce the Blackrock Land Exchange Act of 2017. The legislation supports a mutually beneficial effort between the Bureau of Land Management and the J.R. Simplot…

Sen. James E. RischR-ID · Nov 16, 2017

Mr. President, I rise today to introduce the Blackrock Land Exchange Act of 2017. The legislation supports a mutually beneficial effort between the Bureau of Land Management and the J.R. Simplot…

Sen. Richard J. DurbinD-IL · Nov 16, 2017

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Steve DainesR-MT · Nov 16, 2017

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued November 16, 2017

115th CONGRESS

1st Session

S. 2140

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.

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.

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.

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.

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.

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.