[Pages H10305-H10306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONVEYING CERTAIN FACILITIES, EASEMENTS, AND RIGHTS-OF-WAY TO KENNEWICK
IRRIGATION DISTRICT

Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6652) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 6652

Be it enacted by the Senate and House of Representatives 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 ``District'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 southwest \1/4\ of the southwest \1/4\
of section 16, T. 9 N., 26 E.W.M.
(4) Division.--The term ``Division'' means the Kennewick
Division, including the Transferred Works.
(5) Transferred works.--The term ``Transferred Works''
means the canals, laterals, and appurtenant 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 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, 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.

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
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 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.

SEC. 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 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 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 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, 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 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 Transferred Works shall be paid in
equal shares by the Secretary 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
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''
as defined in the United States Bureau of Reclamation and
Kennewick Irrigation 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. 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 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 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

[[Page H10306]]

other income stream the United States derives from the assets
to be transferred at the time of the transfer.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. McClintock) and the gentleman from Arizona (Mr.
Grijalva) each will control 20 minutes.
The Chair recognizes the gentleman from California.

General Leave

Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 6652, authored by my colleague from Washington (Mr.
Newhouse), authorizes the Secretary of the Interior to transfer the
ownership of certain water infrastructure resources from the Bureau of
Reclamation to the Kennewick Irrigation District, which already
operates and maintains the facilities.
Now, to be clear, this is not a giveaway of taxpayer-owned property.
The district has a long-term contract with Reclamation to repay the
capital costs of construction, with the payment to be completed by the
time of the transfer.
This legislation is about supporting local water infrastructure. The
transfer will allow the district to more efficiently manage water
supplies, while giving the local community the ability to seek private
financing, through equity, to improve vital water infrastructure.
This is also a win for the American taxpayer. Title transfers like
this reduce regulatory paperwork and staff time for both parties,
reduce the Federal backlog for repairs and upgrades to improve the
environment and public safety, and reduce Federal liability.
Mr. Speaker, I urge adoption of the measure, and I reserve the
balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, H.R. 6652, as stated, authorizes the conveyance of
certain water facilities owned by the Bureau of Reclamation to the
Kennewick Irrigation District in Washington.
Before transferring the water facilities and associated lands, the
legislation wisely requires an assessment be completed under the
National Environmental Policy Act.
The bill also requires the Department of the Interior affirm that the
transfer won't have a negative effect on the environment or harm Tribal
trust resources before the transfer can take place.
Mr. Speaker, these are important safeguards. I applaud Congressman
Newhouse for agreeing to them.
Mr. Speaker, I yield back the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield such time as he may consume to
the gentleman from Washington (Mr. Newhouse), the author of this
measure and a leader on the Natural Resources Committee.

{time} 1715

Mr. NEWHOUSE. Mr. Speaker, I thank the good gentleman from California
for yielding.
Mr. Speaker, I rise today to speak in support of my legislation, H.R.
6652, to transfer Bureau of Reclamation works to the Kennewick
Irrigation District.
As many of my colleagues know far too well, communities across the
Western United States too often are faced with the detrimental impacts
of droughts and water shortages. Water providers across central
Washington and across the West face numerous challenges to supply
water, including growing demand, aging infrastructure, and changing
precipitation patterns.
By transferring the Bureau of Reclamation works to a local entity,
like the Kennewick Irrigation District, water suppliers can better
manage critical water resources and empower water managers to be as
responsive, efficient, and innovative as possible in serving their
community.
In addition to transferring the works, the legislation before us will
provide for reduced Federal liabilities and, with the Kennewick
Irrigation District prepaying for the works, there is an additional
cost-savings benefit to the Federal Government.
I thank the chairman of the Natural Resources Committee in the House,
Chairman Bishop, for moving this legislation forward, which truly is a
win-win for local water providers, the Federal Government, and
taxpayers. Mr. Speaker, I also thank Mr. Bill Ball, the staff director
of the Subcommittee on Water, Power, and Oceans, for his tremendous
work at the committee; and a personal shout-out to one of my office
staff members, Travis Martinez, for his work.
Mr. Speaker, I encourage my colleagues to support this legislation on
final passage, and I look forward to the Senate moving swiftly to get
this legislation to the President's desk.
Mr. McCLINTOCK. Mr. Speaker, I urge adoption of the measure, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. McClintock) that the House suspend the
rules and pass the bill, H.R. 6652, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. McCLINTOCK. Mr. Speaker, I object to the vote on the ground that
a quorum is not present and make the point of order that a quorum is
not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.

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