I 

116TH CONGRESS 

1ST SESSION H. R. 278 

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 

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. 

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 


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1 a portion of the Kennewick Division of the Yakima 

2 Project constructed by the United States to enable 

3 the Kennewick Irrigation District to carry out au4 thorized purposes pursuant to the Act of June 12, 

5 1948 (62 Stat. 382). 

6 (3) DISTRICT’S HEAD GATE.—The term ‘‘Dis7 trict’s head gate’’ means the point of diversion for 

8 the Kennewick Irrigation District, identified as the 

9 KID Main Canal Headworks at the following loca10 tion: KID Main Canal Headworks, 200 feet east and 

11 1100 feet north, more or less, from the southwest 

corner of section 16, being within the northwest 1 12 ⁄4

of the southwest 1⁄4 of the southwest 1 13 ⁄4 of section 

14 16, T. 9 N., 26 E.W.M. 

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

16 Kennewick Division, including the Transferred 

17 Works. 

18 (5) TRANSFERRED WORKS.—The term ‘‘Trans19 ferred Works’’ means the canals, laterals, and ap20 purtenant works and lands, which begin at the Dis21 trict’s head gate and extends approximately 40 miles 

22 east to the Columbia River built to serve the place 

23 of use of the 20,201 acres of currently irrigated irri24 gable lands entitled to delivery of water within the 

25 Kennewick Irrigation District. 


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

2 the Secretary of the Interior. 

3 SEC. 2. AGREEMENT, CONVEYANCE, REPORT. 

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

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

6 through the Bureau of Reclamation, shall enter into an 

7 agreement with the District to determine the legal, institu8 tional, and financial terms related to the conveyance of 

9 the Transferred Works. The Agreement shall be completed 

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

11 Agreement shall be in accordance with and subject to 

12 Memorandum of Agreement No: R18MA13703 between 

13 the District and the Bureau of Reclamation. 

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

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

16 accordance the terms and conditions set forth in the 

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

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

19 in and to the Transferred Works. 

20 (c) REPORT.—If the conveyance authorized by sub21 section (b) is not completed within 2 years after the date 

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

23 to Congress a report that— 

24 (1) describes the status of the conveyance; 


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1 (2) describes any obstacles to completing the 

2 conveyance; and 

3 (3) specifies an anticipated date for completion 

4 of the conveyance. 

5 SEC. 3. LIABILITY. 

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

7 and for damages caused by acts of negligence committed 

8 by the United States or by its employees or agents, effec9 tive upon the date of the conveyance authorized by section 

10 2, the United States shall not be held liable by any court 

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

12 or occurrence relating to the Transferred Works. 

13 (b) TORTS CLAIMS.—Nothing in this section in14 creases the liability of the United States beyond that pro15 vided in chapter 171 of title 28, United States Code (pop16 ularly known as the ‘‘Federal Tort Claims Act’’). 

17 SEC. 4. BENEFITS. 

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

19 Transferred Works under this Act, the Transferred Works 

20 shall not be considered to be a part of a Federal reclama21 tion project. 

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

23 the entire Division is conveyed out of Federal ownership, 

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

25 including project power, with respect to the conveyed DiviVerDate Sep 11 2014 01:59 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H278.IH H278

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1 sion, except benefits that would be available to a similarly 

2 situated entity with respect to property that is not part 

3 of a Federal reclamation project. 

4 SEC. 5. COMPLIANCE WITH OTHER LAWS. 

5 (a) COMPLIANCE WITH ENVIRONMENTAL AND HIS6 TORIC PRESERVATION LAWS.—Before making the convey7 ance authorized by this Act, the Secretary shall complete 

8 all actions required under the National Environmental 

9 Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endan10 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), sub11 title III of title 54, United States Code, and all other ap12 plicable laws. 

13 (b) COMPLIANCE BY THE DISTRICT.—After convey14 ance of the Transferred Works under this Act, the District 

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

16 laws and regulations in its operation of the Transferred 

17 Works. 

18 (c) APPLICABLE AUTHORITY.—All provisions of Fed19 eral reclamation law (the Act of June 17, 1902 (43 U.S.C. 

20 371 et seq.), and Acts supplemental to and amendatory 

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

22 provided to the District. 

23 SEC. 6. PAYMENT. 

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

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


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1 Transferred Works under this Act shall be paid in equal 

2 shares by the Secretary and the District. 

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

4 boundary surveys, title searches, cadastral surveys, ap5 praisals, and other real estate transactions required for 

6 the conveyance of the Transferred Works shall be paid by 

7 the District. 

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

9 Costs associated with any review required under the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

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

12 1531 et seq.), subtitle III of title 54, United States Code, 

13 and all other applicable laws for conveyance of the Trans14 ferred Works shall be paid in equal shares by the Sec15 retary and the District. 

16 SEC. 7. MISCELLANEOUS. 

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

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

19 into this Act. 

20 (b) STATUTORY CONSTRUCTION.—Nothing in this 

21 Act shall or shall be construed for any purpose— 

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

23 the water rights of any person; 

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

25 United States authority to regulate and manage 


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1 water in the Yakima Basin, including water diverted 

2 into the Chandler Power Canal and Prosser Dam 

3 through and including the Kennewick Irrigation Dis4 trict’s head gate; 

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

6 Dam and delivered to the Kennewick Irrigation Dis7 trict through the Chandler pumps through the Dis8 trict’s head gate; and 

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

10 United States control, management, and ownership 

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

12 States Bureau of Reclamation and Kennewick Irri13 gation District Amendatory Repayment Contract 

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

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

16 limited to Prosser Dam, the Chandler Power Canal 

17 and hydroelectric and pumping plant, all Yakima 

18 Project facilities, and the siphon under the Yakima 

19 River to the District’s head gate. 

20 SEC. 8. LIMITATIONS. 

21 After completing the requirements of the National 

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

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

24 the Secretary affirms in writing to the House Committee 

25 on Natural Resources and the Senate Committee on EnVerDate Sep 11 2014 01:59 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H278.IH H278

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1 ergy and Natural Resources that the following criteria 

2 have been met: 

3 (1) The Kennewick Irrigation District agrees to 

4 accept title to the property proposed for transfer. 

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

6 unmitigated negative effect on the environment. 

7 (3) The transfer is consistent with the Sec8 retary’s responsibility to protect land and water re9 sources held in trust for federally recognized Indian 

10 Tribes. 

11 (4) The transfer is consistent with the Sec12 retary’s responsibility to ensure compliance with 

13 international treaties and interstate compacts. 

14 (5) The Kennewick Irrigation District agrees to 

15 provide, as consideration for the assets to be con16 veyed, compensation to the United States worth the 

17 equivalent of the present value of any repayment ob18 ligation to the United States or other income stream 

19 the United States derives from the assets to be 

20 transferred at the time of the transfer. 

Æ 


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