,,ib ,union ,calendar ,no4 #eca #aafth ,,congress #b;d ,session ,h4 ,r4 #bgh ,report ,no4 #aaf-fdg ,,in ,,the ,,house ,,of ,,representatives ,january #h1 #bjai,mr4 ,newhouse introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,december #ae1 #bjbj;,additional sponsors3 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,gibbs1 and ,mr4 ,rutherford ,december #ae1 #bjbj,reported from the ,committee on ,natural ,resources2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to direct the ,secretary of the ,interior to convey certain facilities1 easements1 and rights-of-way to the ,kennewick ,irrigation ,district1 and for other purposes4 #a4 ,definitions ,in this ,act3 7#a7 ,agreement ,the term ,agreement means the agreement required under section #b7;a74 7#b7 ,district ,the term ,district means the ,kennewick ,irrigation ,district1 located in ,benton ,county1 ,washington1 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 #ab1 #aidh 7#fb ,stat4 #chb74 7#c7 ,district's head gate ,the term ,district's head gate means the point of diversion for the ,kennewick ,irrigation ,district1 identified as the ,,kid ,main ,canal ,headworks at the following location3 ,,kid ,main ,canal ,headworks1 #bjj feet east and #aajj feet north1 more or less1 from the southwest corner of section #af1 being within the northwest of the southwest of the southwest of section #af1 ,t4 #i ,n41 #bf ,e4,w4,m4 7#d7 ,division ,the term ,division means the ,kennewick ,division1 including the ,transferred ,works4 7#e7 ,transferred works ,the term ,transferred ,works means the canals1 laterals1 and appurtenant works and lands1 which begin at the ,district's head gate and extends approximately #dj miles east to the ,columbia ,river built to serve the place of use of the #bj1bja acres of currently irrigated irrigable lands entitled to delivery of water within the ,kennewick ,irrigation ,district4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #b4 ,agreement1 ,conveyance1 ,report 7a7 ,agreement ,not later than #b years after the date of the enactment of this ,act1 the ,secretary1 acting through the ,bureau of ,reclamation1 shall enter into an agreement with the ,district to determine the legal1 institutional1 and financial terms related to the conveyance of the ,transferred ,works4 ,the ,agreement shall be completed after the requirements in section #e7;a7 are satisfied4 ,this ,agreement shall be in accordance with and subject to ,memorandum of ,agreement ,no3 ,r#ah,,ma#acgjc between the ,district and the ,bureau of ,reclamation4 7b7 ,conveyance ,subject to valid leases1 permits1 rights-of-way1 easements1 and other existing rights and in accordance the terms and conditions set forth in the ,agreement and this ,act1 the ,secretary shall convey to the ,district all right1 title1 and interest of the ,united ,states in and to the ,transferred ,works4 7c7 ,report ,if the conveyance authorized by subsection 7b7 is not completed within #b years after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report that-- 7#a7 describes the status of the conveyance2 7#b7 describes any obstacles to completing the conveyance2 and 7#c7 specifies an anticipated date for completion of the conveyance4 #c4 ,liability 7a7 ,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 agents1 effective upon the date of the conveyance authorized by section #b1 the ,united ,states shall not be held liable by any court for damages of any kind arising out of any act1 omission1 or occurrence relating to the ,transferred ,works4 7b7 ,torts claims ,nothing in this section increases the liability of the ,united ,states beyond that provided in chapter #aga of title #bh1 ,united ,states ,code 7popularly known as the ,federal ,tort ,claims ,act74 #d4 ,benefits 7a7 ,status of land ,after conveyance of the ,transferred ,works under this ,act1 the ,transferred ,works shall not be considered to be a part of a ,federal reclamation project4 7b7 ,benefits if entire division conveyed ,if the entire ,division is conveyed out of ,federal ownership1 the ,district shall not be eligible to receive any benefits1 including project power1 with respect to the conveyed ,division1 except benefits that would be available to a similarly situated entity with respect to property that is not part of a ,federal reclamation project4 #e4 ,compliance with other laws 7a7 ,compliance with environmental and historic preservation laws ,before making the conveyance authorized by this ,act1 the ,secretary shall complete all actions required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 subtitle ,,iii of title #ed1 ,united ,states ,code1 and all other applicable laws4 7b7 ,compliance by the district ,after conveyance of the ,transferred ,works under this ,act1 the ,district shall comply with all applicable ,federal1 ,state1 and local laws and regulations in its operation of the ,transferred ,works4 7c7 ,applicable authority ,all provisions of ,federal reclamation law 7the ,act of ,june #ag1 #aijb 7#dc ,u4,s4,c4 #cga et seq471 and ,acts supplemental to and amendatory of that ,act7 shall continue to be applicable to project water provided to the ,district4 #f4 ,payment 7a7 ,administrative costs ,except as provided in subsection 7b71 administrative costs for conveyance of the ,transferred ,works under this ,act shall be paid in equal shares by the ,secretary and the ,district4 7b7 ,real estate transfer cost ,costs of all boundary surveys1 title searches1 cadastral surveys1 appraisals1 and other real estate transactions required for the conveyance of the ,transferred ,works shall be paid by the ,district4 7c7 ,costs of compliance with other laws ,costs associated with any review required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 subtitle ,,iii of title #ed1 ,united ,states ,code1 and all other applicable laws for conveyance of the ,transferred ,works shall be paid in equal shares by the ,secretary and the ,district4 #g4 ,miscellaneous 7a7 ,applicability of other law ,section #abab of ,public ,law #ajc-dcd shall apply to and be incorporated into this ,act4 7b7 ,statutory construction ,nothing in this ,act shall or shall be construed for any purpose-- 7#a7 to transfer1 affect1 reduce1 modify1 or impair the water rights of any person2 7#b7 to affect1 reduce1 modify1 or impair the ,united ,states authority to regulate and manage water in the ,yakima ,basin1 including water diverted into the ,chandler ,power ,canal and ,prosser ,dam through and including the ,kennewick ,irrigation ,district's head gate2 7#c7 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 gate2 and 7#d7 to affect1 reduce1 modify1 or impair the ,united ,states control1 management1 and ownership of the ,reserved works as defined in the ,united ,states ,bureau of ,reclamation and ,kennewick ,irrigation ,district ,amendatory ,repayment ,contract 7#aiec7 7,contract ,no4 #ad-jf-,w-#ef7 as amended1 at pp4 #b-c1 which ,reserved works include but are not limited to ,prosser ,dam1 the ,chandler ,power ,canal and hydroelectric and pumping plant1 all ,yakima ,project facilities1 and the siphon under the ,yakima ,river to the ,district's head gate4 #h4 ,limitations ,after completing the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,secretary of the ,interior shall convey title1 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 met3 7#a7 ,the ,kennewick ,irrigation ,district agrees to accept title to the property proposed for transfer4 7#b7 ,the proposed title transfer will not have an unmitigated negative effect on the environment4 7#c7 ,the transfer is consistent with the ,secretary's responsibility to protect land and water resources held in trust for federally recognized ,indian ,tribes4 7#d7 ,the transfer is consistent with the ,secretary's responsibility to ensure compliance with international treaties and interstate compacts4 7#e7 ,the ,kennewick ,irrigation ,district agrees to provide1 as consideration for the assets to be conveyed1 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 transfer4 ,december #ae1 #bjbj ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed