[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6652 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 841
115th CONGRESS
  2d Session
                                H. R. 6652

                         [Report No. 115-1082]

 To direct the Secretary of the Interior to convey certain facilities, 
easements, and rights-of-way to the Kennewick Irrigation District, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2018

 Mr. Newhouse introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                           December 19, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on August 
                                3, 2018]


_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of the Interior to convey certain facilities, 
easements, and rights-of-way to the Kennewick Irrigation District, 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. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        required under section 2(a).
            (2) District.--The term ``District'' means the Kennewick 
        Irrigation District, located in Benton County, Washington, 
        which operates and maintains a portion of the Kennewick 
        Division of the Yakima Project constructed by the United States 
        to enable the Kennewick Irrigation District to carry out 
        authorized purposes pursuant to the Act of June 12, 1948 (62 
        Stat. 382).
            (3) District's head gate.--The term ``District's head 
        gate'' means the point of diversion for the Kennewick 
        Irrigation District, identified as the KID Main Canal Headworks 
        at the following location: KID Main Canal Headworks, 200 feet 
        east and 1100 feet north, more or less, from the southwest 
        corner of section 16, being within the northwest \1/4\ of the 
        southwest \1/4\ of the southwest \1/4\ of section 16, T. 9 N., 
        26 E.W.M.
            (4) Division.--The term ``Division'' means the Kennewick 
        Division, including the Transferred Works.
            (5) Transferred works.--The term ``Transferred Works'' 
        means the canals, laterals, and appurtenant works and lands, 
        which begin at the District's head gate and extends 
        approximately 40 miles east to the Columbia River built to 
        serve the place of use of the 20,201 acres of currently 
        irrigated irrigable lands entitled to delivery of water within 
        the Kennewick Irrigation District.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 2. AGREEMENT, CONVEYANCE, REPORT.

    (a) Agreement.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary, acting through the Bureau of 
Reclamation, shall enter into an agreement with the District to 
determine the legal, institutional, and financial terms related to the 
conveyance of the Transferred Works. The Agreement shall be completed 
after the requirements in section 5(a) are satisfied. This Agreement 
shall be in accordance with and subject to Memorandum of Agreement No: 
R18MA13703 between the District and the Bureau of Reclamation.
    (b) Conveyance.--Subject to valid leases, permits, rights-of-way, 
easements, and other existing rights and in accordance the terms and 
conditions set forth in the Agreement and this Act, the Secretary shall 
convey to the District all right, title, and interest of the United 
States in and to the Transferred Works.
    (c) Report.--If the conveyance authorized by subsection (b) is not 
completed within 2 years after the date of the enactment of this Act, 
the Secretary shall submit to Congress a report that--
            (1) describes the status of the conveyance;
            (2) describes any obstacles to completing the conveyance; 
        and
            (3) specifies an anticipated date for completion of the 
        conveyance.

SEC. 3. LIABILITY.

    (a) Damages.--Except as otherwise provided by law and for damages 
caused by acts of negligence committed by the United States or by its 
employees or agents, effective upon the date of the conveyance 
authorized by section 2, the United States shall not be held liable by 
any court for damages of any kind arising out of any act, omission, or 
occurrence relating to the Transferred Works.
    (b) Torts Claims.--Nothing in this section increases the liability 
of the United States beyond that provided in chapter 171 of title 28, 
United States Code (popularly known as the ``Federal Tort Claims 
Act'').

SEC. 4. BENEFITS.

    (a) Status of Land.--After conveyance of the Transferred Works 
under this Act, the Transferred Works shall not be considered to be a 
part of a Federal reclamation project.
    (b) Benefits if Entire Division Conveyed.--If the entire Division 
is conveyed out of Federal ownership, the District shall not be 
eligible to receive any benefits, including project power, with respect 
to the conveyed Division, except benefits that would be available to a 
similarly situated entity with respect to property that is not part of 
a Federal reclamation project.

SEC. 5. COMPLIANCE WITH OTHER LAWS.

    (a) Compliance With Environmental and Historic Preservation Laws.--
Before making the conveyance authorized by this Act, the Secretary 
shall complete all actions required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.), subtitle III of title 54, United 
States Code, and all other applicable laws.
    (b) Compliance by the District.--After conveyance of the 
Transferred Works under this Act, the District shall comply with all 
applicable Federal, State, and local laws and regulations in its 
operation of the Transferred Works.
    (c) Applicable Authority.--All provisions of Federal reclamation 
law (the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts 
supplemental to and amendatory of that Act) shall continue to be 
applicable to project water provided to the District.

SEC. 6. PAYMENT.

    (a) Administrative Costs.--Except as provided in subsection (b), 
administrative costs for conveyance of the Transferred Works under this 
Act shall be paid in equal shares by the Secretary and the District.
    (b) Real Estate Transfer Cost.--Costs of all boundary surveys, 
title searches, cadastral surveys, appraisals, and other real estate 
transactions required for the conveyance of the Transferred Works shall 
be paid by the District.
    (c) Costs of Compliance With Other Laws.--Costs associated with any 
review required under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), subtitle III of title 54, United States Code, and all 
other applicable laws for conveyance of the Transferred Works shall be 
paid in equal shares by the Secretary and the District.

SEC. 7. MISCELLANEOUS.

    (a) Applicability of Other Law.--Section 1212 of Public Law 103-434 
shall apply to and be incorporated into this Act.
    (b) Statutory Construction.--Nothing in this Act shall or shall be 
construed for any purpose--
            (1) to transfer, affect, reduce, modify, or impair the 
        water rights of any person;
            (2) to affect, reduce, modify, or impair the United States' 
        authority to regulate and manage water in the Yakima Basin, 
        including water diverted into the Chandler Power Canal and 
        Prosser Dam through and including the Kennewick Irrigation 
        District's head gate;
            (3) to change how water is diverted at Prosser Dam and 
        delivered to the Kennewick Irrigation District through the 
        Chandler pumps through the District's head gate; and
            (4) to affect reduce, modify, or impair the United States' 
        control, management, and ownership of the ``Reserved works'' as 
        defined in the United States Bureau of Reclamation and 
        Kennewick Irrigation District Amendatory Repayment Contract 
        (1953) (Contract No. 14-06-W-56) as amended, at pp. 2-3, which 
        Reserved works include but are not limited to Prosser Dam, the 
        Chandler Power Canal and hydroelectric and pumping plant, all 
        Yakima Project facilities, and the siphon under the Yakima 
        River to the District's head gate.

SEC. 8. LIMITATIONS.

    After completing the requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary of the 
Interior shall convey title, if the Secretary affirms in writing to the 
House Committee on Natural Resources and the Senate Committee on Energy 
and Natural Resources that the following criteria have been met:
            (1) The Kennewick Irrigation District agrees to accept 
        title to the property proposed for transfer.
            (2) The proposed title transfer will not have an 
        unmitigated negative effect on the environment.
            (3) The transfer is consistent with the Secretary's 
        responsibility to protect land and water resources held in 
        trust for federally recognized Indian Tribes.
            (4) The transfer is consistent with the Secretary's 
        responsibility to ensure compliance with international treaties 
        and interstate compacts.
            (5) The Kennewick Irrigation District agrees to provide, as 
        consideration for the assets to be conveyed, compensation to 
        the United States worth the equivalent of the present value of 
        any repayment obligation to the United States or other income 
        stream the United States derives from the assets to be 
        transferred at the time of the transfer.
                                                 Union Calendar No. 841

115th CONGRESS

  2d Session

                               H. R. 6652

                         [Report No. 115-1082]

_______________________________________________________________________

                                 A BILL

 To direct the Secretary of the Interior to convey certain facilities, 
easements, and rights-of-way to the Kennewick Irrigation District, and 
                          for other purposes.

_______________________________________________________________________

                           December 19, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed