[House Report 116-647]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 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
_______
December 15, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 278]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 278) 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, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 278 is to direct the Secretary of the
Interior to convey certain facilities, easements, and rights-
of-way to the Kennewick Irrigation District.
BACKGROUND AND NEED FOR LEGISLATION
The U.S. Bureau of Reclamation (Reclamation) is the largest
supplier and manager of water in the western United States and
the nation's second largest producer of hydroelectric power.
Reclamation owns and operates much of the water-related
infrastructure in the American West, including hundreds of
dams, canals, and other associated infrastructure. For most
Reclamation projects, the federal government has historically
financed the initial costs of study and construction, and
beneficiaries repay their allocated share of costs over
time.\1\ Once relevant costs have been repaid, responsibility
for operations and maintenance of the project may be
transferred to project beneficiaries in some cases, but the
project typically remains under federal ownership unless
Congress explicitly authorizes a title transfer.\2\
Additionally, P.L. 116-9 provided Reclamation with the
authority to transfer title for certain eligible facilities to
qualifying entities through an administrative process.\3\
---------------------------------------------------------------------------
\1\Charles V. Stern, Cong. Research Serv., IF10924, Title Transfer
for Bureau of Reclamation Facilities (updated Feb. 6, 2019).
\2\Id.
\3\John D. Dingell Jr. Conservation, Management, and Recreation
Act, Pub. L. No. 116-9, tit. VIII, subtitle A.
---------------------------------------------------------------------------
Some water districts choose to pursue title transfers to
gain ownership of the water facilities they use, which allows
them to leverage those assets to obtain loans for upgrades or
other expenses. Title transfers for some projects benefit
Reclamation by divesting the agency of responsibility for
operations, and maintenance, as well as liability associated
with the project lands and facilities.
The Kennewick Irrigation District (KID) is a water provider
that serves more than 63,000 urban and agricultural customers
as part of the Yakima Project in eastern Washington State.\4\
Operation and maintenance responsibilities of the irrigation
facilities serving KID water users were transferred to KID in
1953.\5\ In December 2017, KID and Reclamation entered into a
Memorandum of Agreement to facilitate the title transfer of
certain project facilities and lands.\6\ At a legislative
hearing in the 115th Congress, KID District Manager Charles
Freeman, appearing before the House Committee on Natural
Resources, testified that ``the transfer of title would enable
the District to have more direct control of an important
infrastructure asset and could provide value added service to
[KID's] operations.''\7\
---------------------------------------------------------------------------
\4\Submitted Testimony of Charles Freeman, General Manager,
Kennewick Irrigation District, before the House Water, Power and Oceans
Subcommittee, September 5, 2018.
\5\U.S. Bureau of Reclamation, Kennewick Irrigation District Title
Transfer (July 1, 2020) (online at https://www.usbr.gov/pn/programs/
title/kennewick/index.html).
\6\Id.
\7\Id.
---------------------------------------------------------------------------
H.R. 278 authorizes the Secretary of the Interior to convey
all right, title, and interest in specified Reclamation
facilities to KID, subject to the terms of this legislation.
The transferred federal assets, referred to as ``Transferred
Works,'' include the canals, laterals, and appurtenant works
and lands that begin at KID's head gate and extend
approximately forty miles east to the Columbia River.
Before conveying land and facilities to KID, H.R. 278
requires the Secretary to complete all actions required under
the National Environmental Policy Act (42 U.S.C. 4321 et seq.),
the Endangered Species Act (16 U.S.C. 1531 et seq.), the
National Historical Preservation Act (subtitle III of title 54,
United States Code), and all other applicable laws. KID must
comply with all applicable federal, state, and local laws and
regulations in its operation of the Transferred Works. H.R. 278
also requires the Department of the Interior to affirm in
writing to the House Committee on Natural Resources and Senate
Committee on Energy and Natural Resources that certain criteria
have been met before transferring the federal assets. This
includes confirming that the asset transfer will not have an
unmitigated negative effect on the environment or negatively
impact land and water resources held in trust for federally
recognized tribes.
COMMITTEE ACTION
H.R. 278 was introduced on January 8, 2019, by
Representative Dan Newhouse (R-WA). The bill was referred
solely to the Committee on Natural Resources, and within the
Committee to the Subcommittee on Water, Oceans, and Wildlife.
On May 1, 2019, the Natural Resources Committee met to consider
the bill. The Subcommittee was discharged by unanimous consent.
No amendments were offered. The bill was adopted and ordered
favorably reported to the House of Representatives by unanimous
consent.
HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 278: full committee markup held on May 1, 2019.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 13, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Chairman: The Congressional Budget Office has prepared
the enclosed cost estimate for H.R. 278, 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aurora
Swanson.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 278 would direct the Bureau of Reclamation (BOR) to
negotiate an agreement within 2 years of enactment with the
Kennewick Irrigation District located in the State of
Washington to convey specific federal land and facilities to
the district. Using information from BOR, CBO estimates that
implementing H.R. 278 would cost about $75,000 for staff to
carry out the title transfer, which includes coordinating
surveys and the National Environmental Policy Act reviews. Any
spending would be subject to the availability of appropriated
funds.
Under current law, the district pays the federal government
about $70,000 annually for the costs of constructing the
project. The district will make its last payment in 2024. Under
the bill, the district would pay the federal government an
amount equal to the net present value of its payments remaining
at the time of the conveyance instead of making annual
payments. Those payments are recorded in the federal budget as
offsetting receipts, or reductions in direct spending; however,
CBO estimates that the net effect on direct spending would be
insignificant.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to direct the Secretary of the
Interior to convey certain facilities, easements, and rights-
of-way to the Kennewick Irrigation District.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
This bill contains no unfunded mandates.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS
None.