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.

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. Definitions In this Act: (1) Agreement The term Agreement (2) District The term District (3) District’s head gate The term District’s head gate (4) Division The term Division (5) Transferred works The term Transferred Works (6) Secretary The term Secretary 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. 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 Federal Tort Claims Act 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. 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 16 U.S.C. 1531 (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 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 16 U.S.C. 1531 7. Miscellaneous (a) Applicability of other law Section 1212 of Public Law 103–434 (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 8. Limitations After completing the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (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. December 19, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: This bill directs the Bureau of Reclamation to enter into an agreement with the Kennewick Irrigation District, located in Benton County, Washington, to convey to the district the canals, laterals, and appurtenant works and lands that begin at the district's head gate and extend approximately 40 miles east to the Columbia River.