[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[House]
[Pages H10305-H10306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONVEYING CERTAIN FACILITIES, EASEMENTS, AND RIGHTS-OF-WAY TO KENNEWICK 
                          IRRIGATION DISTRICT

  Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6652) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6652

       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

[[Page H10306]]

     other income stream the United States derives from the assets 
     to be transferred at the time of the transfer.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McClintock) and the gentleman from Arizona (Mr. 
Grijalva) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 6652, authored by my colleague from Washington (Mr. 
Newhouse), authorizes the Secretary of the Interior to transfer the 
ownership of certain water infrastructure resources from the Bureau of 
Reclamation to the Kennewick Irrigation District, which already 
operates and maintains the facilities.
  Now, to be clear, this is not a giveaway of taxpayer-owned property. 
The district has a long-term contract with Reclamation to repay the 
capital costs of construction, with the payment to be completed by the 
time of the transfer.
  This legislation is about supporting local water infrastructure. The 
transfer will allow the district to more efficiently manage water 
supplies, while giving the local community the ability to seek private 
financing, through equity, to improve vital water infrastructure.
  This is also a win for the American taxpayer. Title transfers like 
this reduce regulatory paperwork and staff time for both parties, 
reduce the Federal backlog for repairs and upgrades to improve the 
environment and public safety, and reduce Federal liability.
  Mr. Speaker, I urge adoption of the measure, and I reserve the 
balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, H.R. 6652, as stated, authorizes the conveyance of 
certain water facilities owned by the Bureau of Reclamation to the 
Kennewick Irrigation District in Washington.
  Before transferring the water facilities and associated lands, the 
legislation wisely requires an assessment be completed under the 
National Environmental Policy Act.
  The bill also requires the Department of the Interior affirm that the 
transfer won't have a negative effect on the environment or harm Tribal 
trust resources before the transfer can take place.
  Mr. Speaker, these are important safeguards. I applaud Congressman 
Newhouse for agreeing to them.
  Mr. Speaker, I yield back the balance of my time.
  Mr. McCLINTOCK. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Washington (Mr. Newhouse), the author of this 
measure and a leader on the Natural Resources Committee.

                              {time}  1715

  Mr. NEWHOUSE. Mr. Speaker, I thank the good gentleman from California 
for yielding.
  Mr. Speaker, I rise today to speak in support of my legislation, H.R. 
6652, to transfer Bureau of Reclamation works to the Kennewick 
Irrigation District.
  As many of my colleagues know far too well, communities across the 
Western United States too often are faced with the detrimental impacts 
of droughts and water shortages. Water providers across central 
Washington and across the West face numerous challenges to supply 
water, including growing demand, aging infrastructure, and changing 
precipitation patterns.
  By transferring the Bureau of Reclamation works to a local entity, 
like the Kennewick Irrigation District, water suppliers can better 
manage critical water resources and empower water managers to be as 
responsive, efficient, and innovative as possible in serving their 
community.
  In addition to transferring the works, the legislation before us will 
provide for reduced Federal liabilities and, with the Kennewick 
Irrigation District prepaying for the works, there is an additional 
cost-savings benefit to the Federal Government.
  I thank the chairman of the Natural Resources Committee in the House, 
Chairman Bishop, for moving this legislation forward, which truly is a 
win-win for local water providers, the Federal Government, and 
taxpayers. Mr. Speaker, I also thank Mr. Bill Ball, the staff director 
of the Subcommittee on Water, Power, and Oceans, for his tremendous 
work at the committee; and a personal shout-out to one of my office 
staff members, Travis Martinez, for his work.
  Mr. Speaker, I encourage my colleagues to support this legislation on 
final passage, and I look forward to the Senate moving swiftly to get 
this legislation to the President's desk.
  Mr. McCLINTOCK. Mr. Speaker, I urge adoption of the measure, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. McClintock) that the House suspend the 
rules and pass the bill, H.R. 6652, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. McCLINTOCK. Mr. Speaker, I object to the vote on the ground that 
a quorum is not present and make the point of order that a quorum is 
not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________