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.

IB Union Calendar No. 531 116TH CONGRESS 2D SESSION H. R. 278 [Report No. 116–647] 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 JANUARY 8, 2019 Mr. NEWHOUSE introduced the following bill; which was referred to the Committee on Natural Resources DECEMBER 15, 2020 Additional sponsors: Mr. RODNEY DAVIS of Illinois, Mr. GIBBS, and Mr. RUTHERFORD DECEMBER 15, 2020 Reported from the Committee on Natural Resources; committed to the Com- mittee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 278 RH 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. VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 278 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. DEFINITIONS. 3 In this Act: 4 (1) AGREEMENT.—The term ‘‘Agreement’’ 5 means the agreement required under section 2(a). 6 (2) DISTRICT.—The term ‘‘District’’ means the 7 Kennewick Irrigation District, located in Benton 8 County, Washington, which operates and maintains 9 a portion of the Kennewick Division of the Yakima 10 Project constructed by the United States to enable 11 the Kennewick Irrigation District to carry out au- 12 thorized purposes pursuant to the Act of June 12, 13 1948 (62 Stat. 382). 14 (3) DISTRICT’S HEAD GATE.—The term ‘‘Dis- 15 trict’s head gate’’ means the point of diversion for 16 the Kennewick Irrigation District, identified as the 17 KID Main Canal Headworks at the following loca- 18 tion: KID Main Canal Headworks, 200 feet east and 19 1100 feet north, more or less, from the southwest 20 corner of section 16, being within the northwest 1⁄4 21 of the southwest 1⁄4 of the southwest 1⁄4 of section 22 16, T. 9 N., 26 E.W.M. 23 VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 278 RH (4) DIVISION.—The term ‘‘Division’’ means the 1 Kennewick Division, including the Transferred 2 Works. 3 (5) TRANSFERRED WORKS.—The term ‘‘Trans- 4 ferred Works’’ means the canals, laterals, and ap- 5 purtenant works and lands, which begin at the Dis- 6 trict’s head gate and extends approximately 40 miles 7 east to the Columbia River built to serve the place 8 of use of the 20,201 acres of currently irrigated irri- 9 gable lands entitled to delivery of water within the 10 Kennewick Irrigation District. 11 (6) SECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of the Interior. 13 SEC. 2. AGREEMENT, CONVEYANCE, REPORT. 14 (a) AGREEMENT.—Not later than 2 years after the 15 date of the enactment of this Act, the Secretary, acting 16 through the Bureau of Reclamation, shall enter into an 17 agreement with the District to determine the legal, institu- 18 tional, and financial terms related to the conveyance of 19 the Transferred Works. The Agreement shall be completed 20 after the requirements in section 5(a) are satisfied. This 21 Agreement shall be in accordance with and subject to 22 Memorandum of Agreement No: R18MA13703 between 23 the District and the Bureau of Reclamation. 24 VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 278 RH (b) CONVEYANCE.—Subject to valid leases, permits, 1 rights-of-way, easements, and other existing rights and in 2 accordance the terms and conditions set forth in the 3 Agreement and this Act, the Secretary shall convey to the 4 District all right, title, and interest of the United States 5 in and to the Transferred Works. 6 (c) REPORT.—If the conveyance authorized by sub- 7 section (b) is not completed within 2 years after the date 8 of the enactment of this Act, the Secretary shall submit 9 to Congress a report that— 10 (1) describes the status of the conveyance; 11 (2) describes any obstacles to completing the 12 conveyance; and 13 (3) specifies an anticipated date for completion 14 of the conveyance. 15 SEC. 3. LIABILITY. 16 (a) DAMAGES.—Except as otherwise provided by law 17 and for damages caused by acts of negligence committed 18 by the United States or by its employees or agents, effec- 19 tive upon the date of the conveyance authorized by section 20 2, the United States shall not be held liable by any court 21 for damages of any kind arising out of any act, omission, 22 or occurrence relating to the Transferred Works. 23 (b) TORTS CLAIMS.—Nothing in this section in- 24 creases the liability of the United States beyond that pro- 25 VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 278 RH vided in chapter 171 of title 28, United States Code (pop- 1 ularly known as the ‘‘Federal Tort Claims Act’’). 2 SEC. 4. BENEFITS. 3 (a) STATUS OF LAND.—After conveyance of the 4 Transferred Works under this Act, the Transferred Works 5 shall not be considered to be a part of a Federal reclama- 6 tion project. 7 (b) BENEFITS IF ENTIRE DIVISION CONVEYED.—If 8 the entire Division is conveyed out of Federal ownership, 9 the District shall not be eligible to receive any benefits, 10 including project power, with respect to the conveyed Divi- 11 sion, except benefits that would be available to a similarly 12 situated entity with respect to property that is not part 13 of a Federal reclamation project. 14 SEC. 5. COMPLIANCE WITH OTHER LAWS. 15 (a) COMPLIANCE WITH ENVIRONMENTAL AND HIS- 16 TORIC PRESERVATION LAWS.—Before making the convey- 17 ance authorized by this Act, the Secretary shall complete 18 all actions required under the National Environmental 19 Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endan- 20 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), sub- 21 title III of title 54, United States Code, and all other ap- 22 plicable laws. 23 (b) COMPLIANCE BY THE DISTRICT.—After convey- 24 ance of the Transferred Works under this Act, the District 25 VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 278 RH shall comply with all applicable Federal, State, and local 1 laws and regulations in its operation of the Transferred 2 Works. 3 (c) APPLICABLE AUTHORITY.—All provisions of Fed- 4 eral reclamation law (the Act of June 17, 1902 (43 U.S.C. 5 371 et seq.), and Acts supplemental to and amendatory 6 of that Act) shall continue to be applicable to project water 7 provided to the District. 8 SEC. 6. PAYMENT. 9 (a) ADMINISTRATIVE COSTS.—Except as provided in 10 subsection (b), administrative costs for conveyance of the 11 Transferred Works under this Act shall be paid in equal 12 shares by the Secretary and the District. 13 (b) REAL ESTATE TRANSFER COST.—Costs of all 14 boundary surveys, title searches, cadastral surveys, ap- 15 praisals, and other real estate transactions required for 16 the conveyance of the Transferred Works shall be paid by 17 the District. 18 (c) COSTS OF COMPLIANCE WITH OTHER LAWS.— 19 Costs associated with any review required under the Na- 20 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 21 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 22 1531 et seq.), subtitle III of title 54, United States Code, 23 and all other applicable laws for conveyance of the Trans- 24 VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 278 RH ferred Works shall be paid in equal shares by the Sec- 1 retary and the District. 2 SEC. 7. MISCELLANEOUS. 3 (a) APPLICABILITY OF OTHER LAW.—Section 1212 4 of Public Law 103–434 shall apply to and be incorporated 5 into this Act. 6 (b) STATUTORY CONSTRUCTION.—Nothing in this 7 Act shall or shall be construed for any purpose— 8 (1) to transfer, affect, reduce, modify, or impair 9 the water rights of any person; 10 (2) to affect, reduce, modify, or impair the 11 United States authority to regulate and manage 12 water in the Yakima Basin, including water diverted 13 into the Chandler Power Canal and Prosser Dam 14 through and including the Kennewick Irrigation Dis- 15 trict’s head gate; 16 (3) to change how water is diverted at Prosser 17 Dam and delivered to the Kennewick Irrigation Dis- 18 trict through the Chandler pumps through the Dis- 19 trict’s head gate; and 20 (4) to affect, reduce, modify, or impair the 21 United States control, management, and ownership 22 of the ‘‘Reserved works’’ as defined in the United 23 States Bureau of Reclamation and Kennewick Irri- 24 gation District Amendatory Repayment Contract 25 VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 278 RH (1953) (Contract No. 14–06–W–56) as amended, at 1 pp. 2–3, which Reserved works include but are not 2 limited to Prosser Dam, the Chandler Power Canal 3 and hydroelectric and pumping plant, all Yakima 4 Project facilities, and the siphon under the Yakima 5 River to the District’s head gate. 6 SEC. 8. LIMITATIONS. 7 After completing the requirements of the National 8 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 9 seq.), the Secretary of the Interior shall convey title, if 10 the Secretary affirms in writing to the House Committee 11 on Natural Resources and the Senate Committee on En- 12 ergy and Natural Resources that the following criteria 13 have been met: 14 (1) The Kennewick Irrigation District agrees to 15 accept title to the property proposed for transfer. 16 (2) The proposed title transfer will not have an 17 unmitigated negative effect on the environment. 18 (3) The transfer is consistent with the Sec- 19 retary’s responsibility to protect land and water re- 20 sources held in trust for federally recognized Indian 21 Tribes. 22 (4) The transfer is consistent with the Sec- 23 retary’s responsibility to ensure compliance with 24 international treaties and interstate compacts. 25 VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 278 RH (5) The Kennewick Irrigation District agrees to 1 provide, as consideration for the assets to be con- 2 veyed, compensation to the United States worth the 3 equivalent of the present value of any repayment ob- 4 ligation to the United States or other income stream 5 the United States derives from the assets to be 6 transferred at the time of the transfer. 7 VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS Union Calendar No. 531 116TH CONGRESS 2D SESSION H. R. 278 [Report No. 116–647] 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 15, 2020 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H278.RH H278 pamtmann on DSKBC07HB2PROD with BILLS