IB 

Union Calendar No. 707 

115TH CONGRESS 

2D SESSION H. R. 6040 

[Report No. 115–911] 

To authorize the Secretary of the Interior to convey certain land and facilities 

of the Central Valley Project. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2018 

Mr. DESAULNIER (for himself, Mr. MCNERNEY, and Mr. THOMPSON of California) introduced the following bill; which was referred to the Committee 

on Natural Resources 

AUGUST 31, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 7, 2018] 


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A BILL 

To authorize the Secretary of the Interior to convey certain 

land and facilities of the Central Valley Project. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Contra Costa Canal 

5 Transfer Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ACQUIRED LAND.—The term ‘‘acquired land’’ 

9 means land in Federal ownership and land over 

10 which the Federal Government holds an interest for 

11 the purpose of the construction and operation of the 

12 Contra Costa Canal, including land under the juris13 diction of— 

14 (A) the Bureau of Reclamation; 

15 (B) the Western Area Power Administra16 tion; and 

17 (C) the Department of Defense in the case 

18 of the Clayton Canal diversion traversing the 

19 Concord Naval Weapons Station. 

20 (2) CONTRA COSTA CANAL AGREEMENT.—The 

21 term ‘‘Contra Costa Canal Agreement’’ means an 

22 agreement between the District and the Bureau of 

23 Reclamation to determine the legal, institutional, and 

24 financial terms surrounding the transfer of the 

25 Contra Costa Canal, including but not limited to 


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1 compensation to the reclamation fund established by 

2 the first section of the Act of June 17, 1902 (32 Stat. 

3 388, chapter 1093), equal to the net present value of 

4 miscellaneous revenues that the United States would 

5 otherwise derive over the 10 years following enactment 

6 of this Act from the eligible lands and facilities to be 

7 transferred, as governed by reclamation law and pol8 icy and the contracts. 

9 (3) CONTRA COSTA CANAL.— 

10 (A) IN GENERAL.—The term ‘‘Contra Costa 

11 Canal’’ means the Contra Costa Canal Unit of 

12 the Central Valley Project, which exclusively 

13 serves the Contra Costa Water District in an 

14 urban area of Contra Costa County, California. 

15 (B) INCLUSIONS.—The term ‘‘Contra Costa 

16 Canal’’ includes pipelines, conduits, pumping 

17 plants, aqueducts, laterals, water storage and 

18 regulatory facilities, electric substations, related 

19 works and improvements, and all interests in 

20 land associated with the Contra Costa Canal 

21 Unit of the Central Valley Project in existence on 

22 the date of enactment of this Act. 

23 (C) EXCLUSION.—The term ‘‘Contra Costa 

24 Canal’’ does not include the Rock Slough fish 

25 screen facility. 


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1 (4) CONTRACTS.—The term ‘‘contracts’’ means 

2 the existing water service contract between the Dis3 trict and the United States, Contract No. 175r– 

4 3401A–LTR1 (2005), Contract No. 14–06–200–6072A 

5 (1972, as amended), and any other contract or land 

6 permit involving the United States, the District, and 

7 Contra Costa Canal. 

8 (5) DISTRICT.—The term ‘‘District’’ means the 

9 Contra Costa Water District, a political subdivision 

10 of the State of California. 

11 (6) ROCK SLOUGH FISH SCREEN FACILITY.— 

12 (A) IN GENERAL.—The term ‘‘Rock Slough 

13 fish screen facility’’ means the fish screen facility 

14 at the Rock Slough intake to the Contra Costa 

15 Canal. 

16 (B) INCLUSIONS.—The term ‘‘Rock Slough 

17 fish screen facility’’ includes the screen structure, 

18 rake cleaning system, and accessory structures 

19 integral to the screen function of the Rock Slough 

20 fish screen facility, as required under the Central 

21 Valley Project Improvement Act (Public Law 

22 102–575; 106 Stat. 4706). 

23 (7) ROCK SLOUGH FISH SCREEN FACILITY TITLE

24 TRANSFER AGREEMENT.—The term ‘‘Rock Slough fish 

25 screen facility title transfer agreement’’ means an 


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1 agreement between the District and the Bureau of 

2 Reclamation to— 

3 (A) determine the legal, institutional, and 

4 financial terms surrounding the transfer of the 

5 Rock Slough fish screen facility; and 

6 (B) ensure the continued safe and reliable 

7 operations of the Rock Slough fish screen facility. 

8 (8) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 SEC. 3. CONVEYANCE OF LAND AND FACILITIES. 

11 (a) IN GENERAL.—Not later than 180 days after the 

12 date of enactment of this Act, in consideration for the Dis13 trict assuming from the United States all liability for the 

14 administration, operation, maintenance, and replacement 

15 of the Contra Costa Canal, consistent with the terms and 

16 conditions set forth in the Contra Costa Canal Agreement 

17 and subject to valid existing rights and existing recreation 

18 agreements between the Bureau of Reclamation and the 

19 East Bay Regional Park District for Contra Loma Re20 gional Park and other local agencies within the Contra 

21 Costa Canal, the Secretary shall offer to convey and assign 

22 to the District— 

23 (1) all right, title, and interest of the United 

24 States in and to— 

25 (A) the Contra Costa Canal; and 


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1 (B) the acquired land; and 

2 (2) all interests reserved and developed as of the 

3 date of enactment of this Act for the Contra Costa 

4 Canal in the acquired land, including existing recre5 ation agreements between the Bureau of Reclamation 

6 and the East Bay Regional Park District for Contra 

7 Loma Regional Park and other local agencies within 

8 the Contra Costa Canal. 

9 (b) ROCK SLOUGH FISH SCREEN FACILITY.— 

10 (1) IN GENERAL.—The Secretary shall convey 

11 and assign to the District all right, title, and interest 

12 of the United States in and to the Rock Slough fish 

13 screen facility pursuant to the Rock Slough fish 

14 screen facility title transfer agreement. 

15 (2) COOPERATION.—No later than 180 days after 

16 the conveyance of the Contra Costa Canal, the Sec17 retary and the District shall enter into good faith ne18 gotiations to accomplish the conveyance and assign19 ment under paragraph (1). 

20 (c) PAYMENT OF COSTS.—The District shall pay to the 

21 Secretary any administrative and real estate transfer costs 

22 incurred by the Secretary in carrying out the conveyances 

23 and assignments under subsections (a) and (b), including 

24 the cost of any boundary survey, title search, cadastral surVerDate Sep 11 2014 22:28 Aug 31, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H6040.RH H6040

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1 vey, appraisal, and other real estate transaction required 

2 for the conveyances and assignments. 

3 (d) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

4 (1) IN GENERAL.—Before carrying out the con5 veyances and assignments under subsections (a) and 

6 (b), the Secretary shall comply with all applicable re7 quirements under— 

8 (A) the National Environmental Policy Act 

9 of 1969 (42 U.S.C. 4321 et seq.); 

10 (B) the Endangered Species Act of 1973 (16 

11 U.S.C. 1531 et seq.); and 

12 (C) any other law applicable to the Contra 

13 Costa Canal or the acquired land. 

14 (2) EFFECT.—Nothing in this Act modifies or 

15 alters any obligations under— 

16 (A) the National Environmental Policy Act 

17 of 1969 (42 U.S.C. 4321 et seq.); or 

18 (B) the Endangered Species Act of 1973 (16 

19 U.S.C. 1531 et seq.). 

20 SEC. 4. RELATIONSHIP TO EXISTING CENTRAL VALLEY 

21 PROJECT CONTRACTS. 

22 (a) IN GENERAL.—Nothing in this Act affects— 

23 (1) the application of the reclamation laws to 

24 water delivered to the District pursuant to any con25 tract with the Secretary; or 


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1 (2) subject to subsection (b), the contracts. 

2 (b) AMENDMENTS TO CONTRACTS.—The Secretary and 

3 the District may modify the contracts as necessary to com4 ply with this Act. 

5 (c) LIABILITY.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the United States shall not be liable for 

8 damages arising out of any act, omission, or occur9 rence relating to the Contra Costa Canal or the ac10 quired land. 

11 (2) EXCEPTION.—The United States shall con12 tinue to be liable for damages caused by acts of neg13 ligence committed by the United States or by any em14 ployee or agent of the United States before the date 

15 of the conveyance and assignment under section 3(a), 

16 consistent with chapter 171 of title 28, United States 

17 Code (commonly known as the ‘‘Federal Tort Claims 

18 Act’’). 

19 (3) LIMITATION.—Nothing in this Act increases 

20 the liability of the United States beyond the liability 

21 provided under chapter 171 of title 28, United States 

22 Code. 

23 SEC. 5. REPORT. 

24 If the conveyance and assignment authorized by sec25 tion 3(a) is not completed by the date that is 1 year after 


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1 the date of enactment of this Act, the Secretary shall submit 

2 to Congress a report that— 

3 (1) describes the status of the conveyance and as4 signment; 

5 (2) describes any obstacles to completing the con6 veyance and assignment; and 

7 (3) specifies an anticipated date for completion 

8 of the conveyance and assignment. 


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Union Calendar No. 707 

115TH CONGRESS 

2D SESSION H. R. 6040 

[Report No. 115–911] 

A BILL 

To authorize the Secretary of the Interior to convey 

Project. certain land and facilities of the Central Valley 

AUGUST 31, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pbinns on DSK79D2C42PROD with BILLS