IB 
Union Calendar No. 841 
115TH CONGRESS 
2D SESSION 
H. R. 6652 
[Report No. 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. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 3, 2018 
Mr. NEWHOUSE introduced the following bill; which was referred to the 
Committee on Natural Resources 
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 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on August 3, 2018] 
VerDate Sep 11 2014 
00:16 Dec 20, 2018
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H6652.RH
H6652
kjohnson on DSK79L0C42 with BILLS
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. 
VerDate Sep 11 2014 
00:16 Dec 20, 2018
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H6652.RH
H6652
kjohnson on DSK79L0C42 with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 ‘‘Dis-
trict’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 south-
west 1⁄4 of the southwest 1⁄4 of section 16, T. 9 N., 26 
E.W.M. 
VerDate Sep 11 2014 
00:16 Dec 20, 2018
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H6652.RH
H6652
kjohnson on DSK79L0C42 with BILLS
(4) DIVISION.—The term ‘‘Division’’ means the 
Kennewick 
Division, 
including 
the 
Transferred 
Works. 
(5) TRANSFERRED WORKS.—The term ‘‘Trans-
ferred Works’’ means the canals, laterals, and appur-
tenant 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 Ir-
rigation District. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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, 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 Agree-
ment shall be in accordance with and subject to Memo-
randum of Agreement No: R18MA13703 between the Dis-
trict and the Bureau of Reclamation. 
VerDate Sep 11 2014 
00:16 Dec 20, 2018
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H6652.RH
H6652
kjohnson on DSK79L0C42 with BILLS
(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 Agree-
ment 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 con-
veyance; 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 
VerDate Sep 11 2014 
00:16 Dec 20, 2018
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H6652.RH
H6652
kjohnson on DSK79L0C42 with BILLS
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 Trans-
ferred 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, includ-
ing project power, with respect to the conveyed Division, 
except benefits that would be available to a similarly situ-
ated 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 HIS-
TORIC PRESERVATION LAWS.—Before making the convey-
ance authorized by this Act, the Secretary shall complete 
all actions required under the National Environmental Pol-
icy 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 
VerDate Sep 11 2014 
00:16 Dec 20, 2018
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H6652.RH
H6652
kjohnson on DSK79L0C42 with BILLS
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 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, apprais-
als, and other real estate transactions required for the con-
veyance of the Transferred Works shall be paid by the Dis-
trict. 
(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 Secretary 
and the District. 
VerDate Sep 11 2014 
00:16 Dec 20, 2018
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H6652.RH
H6652
kjohnson on DSK79L0C42 with BILLS
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— 
(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; 
(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 Irriga-
tion 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 hydro-
VerDate Sep 11 2014 
00:16 Dec 20, 2018
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H6652.RH
H6652
kjohnson on DSK79L0C42 with BILLS
electric and pumping plant, all Yakima Project facili-
ties, and the siphon under the Yakima River to the 
District’s head gate. 
SEC. 8. LIMITATIONS. 
After completing the requirements of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
the Secretary of the Interior shall convey title, if the Sec-
retary affirms in writing to the House Committee on Nat-
ural 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 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 conveyed, 
compensation to the United States worth the equiva-
lent of the present value of any repayment obligation 
VerDate Sep 11 2014 
00:16 Dec 20, 2018
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H6652.RH
H6652
kjohnson on DSK79L0C42 with BILLS
Union Calendar No. 841 
115TH CONGRESS 
2D SESSION 
H. R. 6652 
[Report No. 115–1082] 
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. 
DECEMBER 19, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
00:16 Dec 20, 2018
Jkt 089200
PO 00000
Frm 00012
Fmt 6651
Sfmt 6651
E:\BILLS\H6652.RH
H6652
kjohnson on DSK79L0C42 with BILLS