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 Com-
mittee 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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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 au-
thorized 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 loca-
tion: 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 southwest 1⁄4 of the southwest 1⁄4 of section 
16, T. 9 N., 26 E.W.M. 
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(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 ap-
purtenant works and lands, which begin at the Dis-
trict’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 irri-
gable lands entitled to delivery of water within the 
Kennewick Irrigation 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 
Agreement shall be in accordance with and subject to 
Memorandum of Agreement No: R18MA13703 between 
the District and the Bureau of Reclamation. 
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(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. 
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, 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-
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vided in chapter 171 of title 28, United States Code (pop-
ularly known as the ‘‘Federal Tort Claims Act’’). 
SEC. 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 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. 
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 
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 
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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 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, ap-
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-
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ferred Works shall be paid in equal shares by the Sec-
retary and the District. 
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 Irri-
gation District Amendatory Repayment Contract 
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(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. 8. 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. 
(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. 
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(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. 
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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 
certain facilities, easements, and rights-of-way to 
the Kennewick Irrigation District, and for other 
purposes. 
DECEMBER 15, 2020 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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