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 Committee of the Whole House on the State of the Union and ordered to be 

printed 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DEFINITIONS. 

4 In this Act: 

5 (1) AGREEMENT.—The term ‘‘Agreement’’ 

6 means the agreement required under section 2(a). 

7 (2) DISTRICT.—The term ‘‘District’’ means the 

8 Kennewick Irrigation District, located in Benton 

9 County, Washington, which operates and maintains 

10 a portion of the Kennewick Division of the Yakima 

11 Project constructed by the United States to enable 

12 the Kennewick Irrigation District to carry out au13 thorized purposes pursuant to the Act of June 12, 

14 1948 (62 Stat. 382). 

15 (3) DISTRICT’S HEAD GATE.—The term ‘‘Dis16 trict’s head gate’’ means the point of diversion for 

17 the Kennewick Irrigation District, identified as the 

18 KID Main Canal Headworks at the following loca19 tion: KID Main Canal Headworks, 200 feet east and 

20 1100 feet north, more or less, from the southwest 

corner of section 16, being within the northwest 1 21 ⁄4

of the southwest 1⁄4 of the southwest 1 22 ⁄4 of section 

23 16, T. 9 N., 26 E.W.M. 


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1 (4) DIVISION.—The term ‘‘Division’’ means the 

2 Kennewick Division, including the Transferred 

3 Works. 

4 (5) TRANSFERRED WORKS.—The term ‘‘Trans5 ferred Works’’ means the canals, laterals, and ap6 purtenant works and lands, which begin at the Dis7 trict’s head gate and extends approximately 40 miles 

8 east to the Columbia River built to serve the place 

9 of use of the 20,201 acres of currently irrigated irri10 gable lands entitled to delivery of water within the 

11 Kennewick Irrigation District. 

12 (6) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 SEC. 2. AGREEMENT, CONVEYANCE, REPORT. 

15 (a) AGREEMENT.—Not later than 2 years after the 

16 date of the enactment of this Act, the Secretary, acting 

17 through the Bureau of Reclamation, shall enter into an 

18 agreement with the District to determine the legal, institu19 tional, and financial terms related to the conveyance of 

20 the Transferred Works. The Agreement shall be completed 

21 after the requirements in section 5(a) are satisfied. This 

22 Agreement shall be in accordance with and subject to 

23 Memorandum of Agreement No: R18MA13703 between 

24 the District and the Bureau of Reclamation. 


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1 (b) CONVEYANCE.—Subject to valid leases, permits, 

2 rights-of-way, easements, and other existing rights and in 

3 accordance the terms and conditions set forth in the 

4 Agreement and this Act, the Secretary shall convey to the 

5 District all right, title, and interest of the United States 

6 in and to the Transferred Works. 

7 (c) REPORT.—If the conveyance authorized by sub8 section (b) is not completed within 2 years after the date 

9 of the enactment of this Act, the Secretary shall submit 

10 to Congress a report that— 

11 (1) describes the status of the conveyance; 

12 (2) describes any obstacles to completing the 

13 conveyance; and 

14 (3) specifies an anticipated date for completion 

15 of the conveyance. 

16 SEC. 3. LIABILITY. 

17 (a) DAMAGES.—Except as otherwise provided by law 

18 and for damages caused by acts of negligence committed 

19 by the United States or by its employees or agents, effec20 tive upon the date of the conveyance authorized by section 

21 2, the United States shall not be held liable by any court 

22 for damages of any kind arising out of any act, omission, 

23 or occurrence relating to the Transferred Works. 

24 (b) TORTS CLAIMS.—Nothing in this section in25 creases the liability of the United States beyond that proVerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H278.RH H278

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1 vided in chapter 171 of title 28, United States Code (pop2 ularly known as the ‘‘Federal Tort Claims Act’’). 

3 SEC. 4. BENEFITS. 

4 (a) STATUS OF LAND.—After conveyance of the 

5 Transferred Works under this Act, the Transferred Works 

6 shall not be considered to be a part of a Federal reclama7 tion project. 

8 (b) BENEFITS IF ENTIRE DIVISION CONVEYED.—If 

9 the entire Division is conveyed out of Federal ownership, 

10 the District shall not be eligible to receive any benefits, 

11 including project power, with respect to the conveyed Divi12 sion, except benefits that would be available to a similarly 

13 situated entity with respect to property that is not part 

14 of a Federal reclamation project. 

15 SEC. 5. COMPLIANCE WITH OTHER LAWS. 

16 (a) COMPLIANCE WITH ENVIRONMENTAL AND HIS17 TORIC PRESERVATION LAWS.—Before making the convey18 ance authorized by this Act, the Secretary shall complete 

19 all actions required under the National Environmental 

20 Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endan21 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), sub22 title III of title 54, United States Code, and all other ap23 plicable laws. 

24 (b) COMPLIANCE BY THE DISTRICT.—After convey25 ance of the Transferred Works under this Act, the District 


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1 shall comply with all applicable Federal, State, and local 

2 laws and regulations in its operation of the Transferred 

3 Works. 

4 (c) APPLICABLE AUTHORITY.—All provisions of Fed5 eral reclamation law (the Act of June 17, 1902 (43 U.S.C. 

6 371 et seq.), and Acts supplemental to and amendatory 

7 of that Act) shall continue to be applicable to project water 

8 provided to the District. 

9 SEC. 6. PAYMENT. 

10 (a) ADMINISTRATIVE COSTS.—Except as provided in 

11 subsection (b), administrative costs for conveyance of the 

12 Transferred Works under this Act shall be paid in equal 

13 shares by the Secretary and the District. 

14 (b) REAL ESTATE TRANSFER COST.—Costs of all 

15 boundary surveys, title searches, cadastral surveys, ap16 praisals, and other real estate transactions required for 

17 the conveyance of the Transferred Works shall be paid by 

18 the District. 

19 (c) COSTS OF COMPLIANCE WITH OTHER LAWS.— 

20 Costs associated with any review required under the Na21 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

22 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 

23 1531 et seq.), subtitle III of title 54, United States Code, 

24 and all other applicable laws for conveyance of the TransVerDate Sep 11 2014 20:48 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H278.RH H278

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1 ferred Works shall be paid in equal shares by the Sec2 retary and the District. 

3 SEC. 7. MISCELLANEOUS. 

4 (a) APPLICABILITY OF OTHER LAW.—Section 1212 

5 of Public Law 103–434 shall apply to and be incorporated 

6 into this Act. 

7 (b) STATUTORY CONSTRUCTION.—Nothing in this 

8 Act shall or shall be construed for any purpose— 

9 (1) to transfer, affect, reduce, modify, or impair 

10 the water rights of any person; 

11 (2) to affect, reduce, modify, or impair the 

12 United States authority to regulate and manage 

13 water in the Yakima Basin, including water diverted 

14 into the Chandler Power Canal and Prosser Dam 

15 through and including the Kennewick Irrigation Dis16 trict’s head gate; 

17 (3) to change how water is diverted at Prosser 

18 Dam and delivered to the Kennewick Irrigation Dis19 trict through the Chandler pumps through the Dis20 trict’s head gate; and 

21 (4) to affect, reduce, modify, or impair the 

22 United States control, management, and ownership 

23 of the ‘‘Reserved works’’ as defined in the United 

24 States Bureau of Reclamation and Kennewick Irri25 gation District Amendatory Repayment Contract 


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1 (1953) (Contract No. 14–06–W–56) as amended, at 

2 pp. 2–3, which Reserved works include but are not 

3 limited to Prosser Dam, the Chandler Power Canal 

4 and hydroelectric and pumping plant, all Yakima 

5 Project facilities, and the siphon under the Yakima 

6 River to the District’s head gate. 

7 SEC. 8. LIMITATIONS. 

8 After completing the requirements of the National 

9 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.), the Secretary of the Interior shall convey title, if 

11 the Secretary affirms in writing to the House Committee 

12 on Natural Resources and the Senate Committee on En13 ergy and Natural Resources that the following criteria 

14 have been met: 

15 (1) The Kennewick Irrigation District agrees to 

16 accept title to the property proposed for transfer. 

17 (2) The proposed title transfer will not have an 

18 unmitigated negative effect on the environment. 

19 (3) The transfer is consistent with the Sec20 retary’s responsibility to protect land and water re21 sources held in trust for federally recognized Indian 

22 Tribes. 

23 (4) The transfer is consistent with the Sec24 retary’s responsibility to ensure compliance with 

25 international treaties and interstate compacts. 


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1 (5) The Kennewick Irrigation District agrees to 

2 provide, as consideration for the assets to be con3 veyed, compensation to the United States worth the 

4 equivalent of the present value of any repayment ob5 ligation to the United States or other income stream 

6 the United States derives from the assets to be 

7 transferred at the time of the transfer. 


pamtmann on DSKBC07HB2PROD with BILLS

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 

purposes. the Kennewick Irrigation District, and for other certain facilities, easements, and rights-of-way to 

DECEMBER 15, 2020 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS