89–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 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 

DECEMBER 19, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 6652] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred 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, having considered the 

same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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. 


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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— 


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1https://www.loc.gov/law/help/statutes-at-large/80th-congress/session-2/c80s2ch453.pdf. 

2https://www.usbr.gov/projects/index.php?id=400. 

3 Id. At ‘‘History’’. 

4https://www.kid.org/your-kid/history-of-kid/. 

5 Id. 

(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. 

PURPOSE OF THE BILL

The purpose of H.R. 6652 is to direct the Secretary of the Interior 

to convey certain facilities, easements, and rights-of-way to the 

Kennewick Irrigation District. 

BACKGROUND AND NEED FOR LEGISLATION

Authorized in 1948 by Public Law 80–629,1 and originally constructed in 1958,2 the Kennewick Division is one of seven divisions 

of the Bureau of Reclamation’s Yakima Project.3 The Kennewick Irrigation District (KID) diverts water from the Division, which is a 

combined irrigation and power development project that includes a 

12-megawatt power plant and pump station serving water to over 

20,200 acres of land.4 KID was initially built for agricultural purposes in the tristate area. Today, however, most rate payers who 

reimburse the federal government for the cost of the water project 

live in residential developments.5

Taking a system designed for agricultural use to provide for a 

growing number of urban water users has created unique problems 

for KID. At a 2018 Water and Power and Oceans Subcommittee 

oversight hearing, Mr. Charles Freeman, General Manager of KID, 

stated, ‘‘[T]he reality of it is our particular circumstance, we are 


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6Oral Testimony of Mr. Charles Freeman, General Manager, Kennewick Irrigation District, 

before the House Water and Power Subcommittee, February 14, 2018. 7Submitted Testimony of Mr. Charles Freeman, General Manager, Kennewick Irrigation District, before the House Water and Power Subcommittee, February 14, 2018, p. 2. 8https://www.loc.gov/law/help/statutes-at-large/80th-congress/session-2/c80s2ch453.pdf at Sec. 

4. 9https://www.usbr.gov/lc/region/programs/contracts/Legislation.pdf. 

10 U.S. Bureau of Reclamation, Title Transfer of Projects and Facilities, Title Transfer of 

Projects and Facilities of the Bureau of Reclamation; available at: http://www.usbr.gov/title/. 11Submitted Testimony of Mr. Charles Freeman, General Manager, Kennewick Irrigation District, before the House Water and Power Subcommittee, February 14, 2018, p. 2. 12 Bureau of Reclamation Fiscal Year 2018 Budget in Brief, p. BH–36. 

growing at such a fast rate that I have five engineers, three 

[project engineers], just to keep up with the commercial and residential growth in our cities.’’ 6 In his written testimony, Mr. Freeman further explained, ‘‘Reclamation is not always timely in meeting the needs of the communities KID serves. Developers in 

Kennewick have had to endure years long waiting times for Reclamation’s approval to move easement lines on properties the developer owns.’’ 7

The Division, like many other water, power supply and delivery 

facilities constructed by Reclamation, is wholly owned by the federal government. Reclamation provided the initial capital contribution to build these projects; however, the water and power customers who benefitted from the facilities entered into long-term 

contracts with the federal government to repay their part of the 

initial taxpayer investment.8 Under the Reclamation Act of 1902, 

Reclamation may transfer day-to-day operational and maintenance 

responsibilities to project beneficiaries; however, the title or ownership of any facility must remain in federal ownership until Congress enacts legislation specifically authorizing such a transfer.9

Since 1996, more than three dozen Reclamation projects have been 

transferred or authorized to be transferred to local entities.10

A title transfer can provide a number of benefits to end users. 

A transfer can reduce regulatory paperwork and staff time at both 

the federal and local levels, reduce the federal backlog for repairs 

and upgrades to infrastructure and help improve the environment 

and public safety. Additionally, a title transfer can reduce federal 

liability since the local entity assumes a transferred facility’s liability. KID General Manager Charles Freeman submitted testimony 

to the Subcommittee which stated, ‘‘Transfer of title in this instance will reduce federal liabilities and prepayment will provide a 

cost savings benefit to the federal government. Taking title will 

allow [KID] to more efficiently manage water supplies. This is a 

win-win for both parties.’’ 11 It is because of these and other benefits of title transfers that Reclamation included in its Fiscal Year 

2018 budget language reaffirming the agency’s commitment to facilitate title transfers when they are mutually beneficial to all parties.12

H.R. 6652 authorizes the Secretary of the Interior to convey all 

right, title and interest to certain canals, laterals, and appurtenant 

works and lands that begin at KID’s head gate and extend approximately 40 miles east to the Columbia River (defined as ‘‘Transferred Works’’’ by the bill) to KID. The goal of this legislation is to 

allow KID to reduce federal paperwork requirements while also relieving Reclamation of all future liability and responsibilities. The 

Secretary will comply with all environmental and historic preservation requirements and all other applicable laws when making the 


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conveyance. The bill requires KID to comply with all applicable federal, State and local laws and regulations in its operation of the 

Transferred Works. Costs of the conveyance are allocated between 

the Secretary and KID. 

COMMITTEE ACTION

H.R. 6652 was introduced on August 3, 2018, by Congressman 

Dan Newhouse (R–WA). The bill was referred to the Committee on 

Natural Resources and within the Committee to the Subcommittee 

on Water, Power and Oceans. The Subcommittee held a hearing on 

the bill on September 5, 2018. On November 15, 2018, the Natural 

Resources Committee met to consider the bill. The Subcommittee 

was discharged by unanimous consent. Congressman Jared 

Huffman (D–CA) offered an amendment designated 169; it was 

adopted by unanimous consent. No additional amendments were offered, and the bill, as amended, was ordered favorably reported to 

the House of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII AND

CONGRESSIONAL BUDGET ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, December 18, 2018. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6652, 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. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Aurora Swanson. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 


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H.R. 6652—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 

H.R. 6652 would direct the Bureau of Reclamation (BOR) to convey certain federal land and facilities to the Kennewick Irrigation 

District (district) in the state of Washington. Using information 

from BOR, CBO estimates that implementing H.R. 6652 would cost 

less than $100,000 over the 2019–2028 period for staff to carry out 

the title transfer including coordinating surveys and National Environmental Policy Act reviews. Any spending would be subject to the 

availability of appropriated funds. 

Under current law, the district pays the federal government 

about $70,000 annually for outstanding capital obligations it owes 

for the costs of constructing the project. Under the bill, the district 

would discontinue those payments and instead would pay the federal government an amount equal to the net present value of its 

outstanding obligation in 2020. Those payments are recorded in the 

federal budget as offsetting receipts, or reductions in direct spending. Because enacting the bill would affect direct spending pay-asyou-go procedures apply; however, CBO estimates that the net effect on direct spending would not be significant. Enacting H.R. 

6652 would not affect revenues. 

CBO estimates that enacting H.R. 6652 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

H.R. 6652 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Aurora Swanson. The 

estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to direct the Secretary of the Interior to convey certain facilities, easements, and rights-of-way to the Kennewick Irrigation District. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5

Directed Rule Making. This bill does not contain any directed 

rule makings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published purVerDate Sep 11 2014 02:19 Dec 28, 2018 Jkt 089006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1082.XXX HR1082

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suant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes to existing law. 

Æ 


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