H.R. 6652House115th Congress (2017-2019)Passed House

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.

Introduced August 3, 2018

AI-Generated Summary

Updated April 15, 2026 at 11:37 PM UTC

This bill orders the Secretary of the Interior to transfer ownership of about 40 miles of irrigation canals, laterals, and related rights‑of‑way—collectively called the Transferred Works—from the federal government to the Kennewick Irrigation District in Benton County, Washington. The transfer must be completed within two years, after the parties reach an agreement on legal and financial terms and satisfy environmental and historic‑preservation requirements. The bill also sets limits on federal liability and clarifies that the transferred property will no longer be part of a federal reclamation project.

Key Provisions

  • The Secretary, through the Bureau of Reclamation, must negotiate an agreement with the District within two years to define the legal, institutional, and financial terms of the conveyance.
  • Once the agreement is in place, the Secretary will convey all title and interest in the Transferred Works to the District, subject to existing leases, permits, easements, and rights‑of‑way.
  • If the conveyance is not finished within two years, the Secretary must report to Congress on its status, obstacles, and an expected completion date.
  • Federal liability for damages related to the Transferred Works ends at the time of conveyance, except for negligence claims under the Federal Tort Claims Act.
  • After transfer, the works are no longer considered part of a federal reclamation project, and the District will not receive special federal project benefits beyond those available to similar non‑federal owners.
  • Before the transfer, the Secretary must complete all required reviews under NEPA, the Endangered Species Act, historic preservation laws, and other applicable statutes.
  • Administrative and environmental‑review costs are split equally between the Secretary and the District; the District pays for real‑estate transaction costs.
  • The transfer can proceed only if the District accepts title, the transfer does not cause unmitigated environmental harm, respects tribal trust responsibilities, complies with treaties and interstate compacts, and the District provides compensation equal to the present value of any repayment obligations the United States currently holds.

Legislative Activity

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18 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

December 20, 2018

View full timeline
HouseIntro Referral

Introduced in House

August 3, 2018

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E1123)

August 3, 2018

HouseIntro Referral

Referred to the House Committee on Natural Resources.

August 3, 2018

HouseCommittee

Referred to the Subcommittee on Water, Power and Oceans.

August 29, 2018

HouseCommittee

Subcommittee Hearings Held.

September 5, 2018

HouseCommittee

Subcommittee on Water, Power and Oceans Discharged.

November 15, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

November 15, 2018

HouseCommittee

Ordered to be Reported (Amended) by Unanimous Consent.

November 15, 2018

HouseCommittee

Reported (Amended) by the Committee on Natural Resources. H. Rept. 115-1082.

December 19, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 841.

December 19, 2018

HouseFloor

Mr. McClintock moved to suspend the rules and pass the bill, as amended.

December 19, 2018 • 5:12 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H10305-10306)

December 19, 2018 • 5:12 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 6652.

December 19, 2018 • 5:12 PM

HouseFloor

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. McClintock objected to the Yea - Nay vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was considered as withdrawn.

December 19, 2018 • 5:17 PM

HouseFloor

Considered as unfinished business. (consideration: CR H10318-10319)

December 19, 2018 • 7:39 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by recorded vote (2/3 required): 359 - 1 (Roll no. 443).(text: CR H10305-10306)

December 19, 2018 • 7:45 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by recorded vote (2/3 required): 359 - 1 (Roll no. 443). (text: CR H10305-10306)

December 19, 2018 • 7:45 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 19, 2018 • 7:45 PM

SenateIntro Referral

Received in the Senate.

December 20, 2018

Floor Debate

5 members

What members said about H.R. 6652 on the floor

3 Republicans2 Democrats
Eric Swalwell
Rep. Eric SwalwellD-CA-15 · Dec 21, 2018

Mr. Speaker, I missed some votes on Wednesday, December 19, all votes on Thursday, December 20, and some votes today. Had I been present, I would have voted as follows: Roll Call Vote Number 440…

Tom McClintock
Rep. Tom McClintockR-CA-4 · Dec 19, 2018

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…

Dan Newhouse
Rep. Dan NewhouseR-WA-4 · Dec 19, 2018

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…

Raúl M. Grijalva
Rep. Raúl M. GrijalvaD-AZ-3 · Dec 19, 2018

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…

Thomas Massie
Rep. Thomas MassieR-KY-4 · Dec 19, 2018

Mr. Speaker, I demand a recorded vote.

Bill Text

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Latest
Received in SenateIssued December 20, 2018

II

115th CONGRESS

2d Session

H. R. 6652

IN THE SENATE OF THE UNITED STATES

December 20, 2018

Received

AN ACT

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.

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 ¼ of the southwest ¼ of the southwest ¼ 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.

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.

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).

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.

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.

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.

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.

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 other income stream the United States derives from the assets to be transferred at the time of the transfer.

Passed the House of Representatives December 19, 2018.

Karen L. Haas,

Clerk