142 
through the Bureau of Reclamation, shall enter into an 
agreement with the District to determine the legal, institu-
tional, 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 sub-
section (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. 
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SEC. 10003. 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, effec-
tive 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 in-
creases the liability of the United States beyond that pro-
vided in chapter 171 of title 28, United States Code (pop-
ularly known as the ‘‘Federal Tort Claims Act’’). 
SEC. 10004. 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 reclama-
tion 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 Divi-
sion, except benefits that would be available to a similarly 
situated entity with respect to property that is not part 
of a Federal reclamation project. 
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SEC. 10005. COMPLIANCE WITH OTHER LAWS. 
(a) COMPLIANCE WITH ENVIRONMENTAL AND HIS-
TORIC PRESERVATION LAWS.—Before making the convey-
ance 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 Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.), sub-
title III of title 54, United States Code, and all other ap-
plicable laws. 
(b) COMPLIANCE BY THE DISTRICT.—After convey-
ance 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 Fed-
eral Reclamation law (the Act of June 17, 1902 (43 
U.S.C. 371 et seq.), and Acts supplemental to and amend-
atory of that Act) shall continue to be applicable to project 
water provided to the District. 
SEC. 10006. 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, ap-
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praisals, 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 Na-
tional 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 Trans-
ferred Works shall be paid in equal shares by the Sec-
retary and the District. 
SEC. 10007. 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— 
(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 Dis-
trict’s head gate; 
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(3) to change how water is diverted at Prosser 
Dam and delivered to the Kennewick Irrigation Dis-
trict through the Chandler pumps through the Dis-
trict’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 Irri-
gation 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. 10008. 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 En-
ergy 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. 
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(2) The proposed title transfer will not have an 
unmitigated negative effect on the environment. 
(3) The transfer is consistent with the Sec-
retary’s responsibility to protect land and water re-
sources held in trust for federally recognized Indian 
Tribes. 
(4) The transfer is consistent with the Sec-
retary’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 con-
veyed, compensation to the United States worth the 
equivalent of the present value of any repayment ob-
ligation to the United States or other income stream 
the United States derives from the assets to be 
transferred at the time of the transfer. 
TITLE XI—WATER RIGHTS 
PROTECTION ACT 
SEC. 11001. DEFINITIONS. 
In this title: 
(1) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means, as applicable— 
(A) the Secretary of Agriculture; or 
(B) the Secretary of the Interior. 
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(2) WATER RIGHT.—The term ‘‘water right’’ 
means any surface, groundwater, or storage use 
filed, permitted, certificated, confirmed, decreed, ad-
judicated, or otherwise recognized by a judicial pro-
ceeding or by the State in which the user acquires 
possession of the water or puts it to beneficial use. 
Such term shall include water rights for federally 
recognized Indian Tribes. 
SEC. 11002. TREATMENT OF WATER RIGHTS. 
The Secretary shall not— 
(1) condition the issuance, renewal, amendment, 
or extension of any permit, approval, license, lease, 
allotment, easement, right-of-way, or other land use 
or occupancy agreement on the transfer of any water 
right (including joint and sole ownership) directly or 
indirectly to the United States, or on any impair-
ment of title or interest, in whole or in part, granted 
or otherwise recognized under State law, by Federal 
or State adjudication, decree, or other judgment, or 
pursuant to any interstate water compact; or 
(2) require any water user (including any feder-
ally recognized Indian Tribe) to apply for or acquire 
a water right in the name of the United States 
under State law as a condition of the issuance, re-
newal, amendment, or extension of any permit, ap-
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proval, license, lease, allotment, easement, right-of- 
way, or other land use or occupancy agreement. 
SEC. 11003. POLICY DEVELOPMENT. 
In developing any rule, policy, directive, management 
plan, or similar Federal action relating to the issuance, 
renewal, amendment, or extension of any permit, approval, 
license, lease, allotment, easement, right-of-way, or other 
land use or occupancy agreement, the Secretary— 
(1) shall— 
(A) recognize the longstanding authority of 
the States relating to evaluating, protecting, al-
locating, regulating, permitting, and adjudi-
cating water use; and 
(B) coordinate with the States to ensure 
that any rule, policy, directive, management 
plan, or similar Federal action is consistent 
with, and imposes no greater restriction or reg-
ulatory requirement, than applicable State 
water law; and 
(2) shall not— 
(A) adversely affect— 
(i) the authority of a State in— 
(I) permitting the beneficial use 
of water; or 
(II) adjudicating water rights; 
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(ii) any definition established by a 
State with respect to the term ‘‘beneficial 
use’’, ‘‘priority of water rights’’, or ‘‘terms 
of use’’; or 
(iii) any other right or obligation of a 
State established under State law; or 
(B) assert any connection between surface 
and groundwater that is inconsistent with such 
a connection recognized by State water laws. 
SEC. 11004. EFFECT. 
(a) EXISTING AUTHORITY.—Nothing in this Act lim-
its or expands any existing legally recognized authority of 
the Secretary to issue, grant, or condition any permit, ap-
proval, license, lease, allotment, easement, right-of-way, or 
other land use or occupancy agreement on Federal land 
that is subject to the jurisdiction of the Secretary. 
(b) RECLAMATION CONTRACTS.—Nothing in this Act 
in any way interferes with any existing or future Bureau 
of Reclamation contract entered into pursuant to Federal 
Reclamation law (the Act of June 17, 1902 (32 Stat. 388, 
chapter 1093), and Acts supplemental to and amendatory 
of that Act). 
(c) ENDANGERED SPECIES ACT.—Nothing in this 
Act affects the implementation of the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.). 
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(d) FEDERAL RESERVED WATER RIGHTS.—Nothing 
in this Act limits or expands any existing reserved water 
rights of the Federal Government on land administered 
by the Secretary. 
(e) FEDERAL POWER ACT.—Nothing in this Act lim-
its or expands authorities pursuant to section 4(e), 10(j), 
or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 
811). 
(f) INDIAN WATER RIGHTS.—Nothing in this Act 
limits or expands any existing reserved water right or trea-
ty right of any federally recognized Indian Tribe. 
(g) FEDERALLY HELD STATE WATER RIGHTS.— 
Nothing in this Act limits the ability of the Secretary, 
through applicable State procedures, to acquire, use, en-
force, or protect a State water right owned by the United 
States. 
TITLE XII—COULEE DAM 
REDESIGNATION 
SEC. 12001. REDESIGNATION OF FACILITY. 
The facility of the Bureau of Reclamation located at 
Highway–155, Coulee Dam, Washington 99116, known as 
the Third Powerplant, shall be known and designated as 
the ‘‘Nathaniel ‘Nat’ Washington Power Plant’’. 
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SEC. 12002. REFERENCES. 
Any reference in a law, map, regulation, document, 
paper or other record of the United States to the facility 
referred to in section 1 shall be deemed to be a reference 
to the Nathaniel ‘‘Nat’’ Washington Power Plant. 
TITLE 
XIII—NUTRIA 
ERADI-
CATION AND CONTROL ACT 
REAUTHORIZATION 
SEC. 13001. NUTRIA ERADICATION. 
The Nutria Eradication and Control Act of 2003 
(Public Law 108–16) is amended— 
(1) in section 2— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking 
‘‘Wetlands and tidal marshes of the Chesa-
peake Bay and in Louisiana’’ and inserting 
‘‘Wetlands, tidal marshes, and agricultural 
lands’’; 
(ii) in paragraph (2), by striking ‘‘in 
Maryland and Louisiana’’; and 
(iii) in paragraph (3), by striking ‘‘in 
Maryland’’ and all that follows to the pe-
riod and inserting ‘‘Consequently, marsh 
loss, loss of public and private wetlands, 
and loss of agricultural lands are accel-
erating.’’; and 
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‘‘12,000,000 for any qualifying state program 
for each of fiscal years 2021 through 2025.’’. 
SEC. 13002. DEAUTHORIZATIONS. 
The following projects authorized by section 1638 of 
the Reclamation Projects Authorization and Adjustment 
Act of 1992 (43 U.S.C. 390h–20; Public Law 102–575) 
are hereby deauthorized: 
(1) Kalaeloa Seawater Desalination Project. 
(2) Lahaina Water Recycling Project #3. 
(3) Kealakehe Water Recycling Project. 
Æ 
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