II 

Calendar No. 649 

115TH CONGRESS 

2D SESSION H. R. 6040 

[Report No. 115–362] 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2018 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

NOVEMBER 14, 2018 

Reported by Ms. MURKOWSKI, without amendment 

AN ACT 

To authorize the Secretary of the Interior to convey certain 

land and facilities of the Central Valley Project. 

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: 


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1 (1) ACQUIRED LAND.—The term ‘‘acquired 

2 land’’ means land in Federal ownership and land 

3 over which the Federal Government holds an interest 

4 for the purpose of the construction and operation of 

5 the Contra Costa Canal, including land under the ju6 risdiction of— 

7 (A) the Bureau of Reclamation; 

8 (B) the Western Area Power Administra9 tion; and 

10 (C) the Department of Defense in the case 

11 of the Clayton Canal diversion traversing the 

12 Concord Naval Weapons Station. 

13 (2) CONTRA COSTA CANAL AGREEMENT.—The 

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

15 agreement between the District and the Bureau of 

16 Reclamation to determine the legal, institutional, 

17 and financial terms surrounding the transfer of the 

18 Contra Costa Canal, including but not limited to 

19 compensation to the reclamation fund established by 

20 the first section of the Act of June 17, 1902 (32 

21 Stat. 388, chapter 1093), equal to the net present 

22 value of miscellaneous revenues that the United 

23 States would otherwise derive over the 10 years fol24 lowing enactment of this Act from the eligible lands 


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1 and facilities to be transferred, as governed by rec2 lamation law and policy and the contracts. 

3 (3) CONTRA COSTA CANAL.— 

4 (A) IN GENERAL.—The term ‘‘Contra 

5 Costa Canal’’ means the Contra Costa Canal 

6 Unit of the Central Valley Project, which exclu7 sively serves the Contra Costa Water District in 

8 an urban area of Contra Costa County, Cali9 fornia. 

10 (B) INCLUSIONS.—The term ‘‘Contra 

11 Costa Canal’’ includes pipelines, conduits, 

12 pumping plants, aqueducts, laterals, water stor13 age and regulatory facilities, electric sub14 stations, related works and improvements, and 

15 all interests in land associated with the Contra 

16 Costa Canal Unit of the Central Valley Project 

17 in existence on the date of enactment of this 

18 Act. 

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

20 Canal’’ does not include the Rock Slough fish 

21 screen facility. 

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

23 the existing water service contract between the Dis24 trict and the United States, Contract No. 175r– 

25 3401A–LTR1 (2005), Contract No. 14–06–200– 


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1 6072A (1972, as amended), and any other contract 

2 or land permit involving the United States, the Dis3 trict, and Contra Costa Canal. 

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

5 Contra Costa Water District, a political subdivision 

6 of the State of California. 

7 (6) ROCK SLOUGH FISH SCREEN FACILITY.— 

8 (A) IN GENERAL.—The term ‘‘Rock 

9 Slough fish screen facility’’ means the fish 

10 screen facility at the Rock Slough intake to the 

11 Contra Costa Canal. 

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

13 fish screen facility’’ includes the screen struc14 ture, rake cleaning system, and accessory struc15 tures integral to the screen function of the 

16 Rock Slough fish screen facility, as required 

17 under the Central Valley Project Improvement 

18 Act (Public Law 102–575; 106 Stat. 4706). 

19 (7) ROCK SLOUGH FISH SCREEN FACILITY

20 TITLE TRANSFER AGREEMENT.—The term ‘‘Rock 

21 Slough fish screen facility title transfer agreement’’ 

22 means an agreement between the District and the 

23 Bureau of Reclamation to— 


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1 (A) determine the legal, institutional, and 

2 financial terms surrounding the transfer of the 

3 Rock Slough fish screen facility; and 

4 (B) ensure the continued safe and reliable 

5 operations of the Rock Slough fish screen facil6 ity. 

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

8 the Secretary of the Interior. 

9 SEC. 3. CONVEYANCE OF LAND AND FACILITIES. 

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

11 date of enactment of this Act, in consideration for the Dis12 trict assuming from the United States all liability for the 

13 administration, operation, maintenance, and replacement 

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

15 conditions set forth in the Contra Costa Canal Agreement 

16 and subject to valid existing rights and existing recreation 

17 agreements between the Bureau of Reclamation and the 

18 East Bay Regional Park District for Contra Loma Re19 gional Park and other local agencies within the Contra 

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

21 to the District— 

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

23 States in and to— 

24 (A) the Contra Costa Canal; and 

25 (B) the acquired land; and 


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1 (2) all interests reserved and developed as of 

2 the date of enactment of this Act for the Contra 

3 Costa Canal in the acquired land, including existing 

4 recreation agreements between the Bureau of Rec5 lamation and the East Bay Regional Park District 

6 for Contra Loma Regional Park and other local 

7 agencies within the Contra Costa Canal. 

8 (b) ROCK SLOUGH FISH SCREEN FACILITY.— 

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

10 and assign to the District all right, title, and inter11 est of the United States in and to the Rock Slough 

12 fish screen facility pursuant to the Rock Slough fish 

13 screen facility title transfer agreement. 

14 (2) COOPERATION.—No later than 180 days 

15 after the conveyance of the Contra Costa Canal, the 

16 Secretary and the District shall enter into good faith 

17 negotiations to accomplish the conveyance and as18 signment under paragraph (1). 

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

20 the Secretary any administrative and real estate transfer 

21 costs incurred by the Secretary in carrying out the convey22 ances and assignments under subsections (a) and (b), in23 cluding the cost of any boundary survey, title search, ca24 dastral survey, appraisal, and other real estate transaction 

25 required for the conveyances and assignments. 


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1 (d) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

2 (1) IN GENERAL.—Before carrying out the con3 veyances and assignments under subsections (a) and 

4 (b), the Secretary shall comply with all applicable re5 quirements under— 

6 (A) the National Environmental Policy Act 

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

8 (B) the Endangered Species Act of 1973 

9 (16 U.S.C. 1531 et seq.); and 

10 (C) any other law applicable to the Contra 

11 Costa Canal or the acquired land. 

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

13 alters any obligations under— 

14 (A) the National Environmental Policy Act 

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

16 (B) the Endangered Species Act of 1973 

17 (16 U.S.C. 1531 et seq.). 

18 SEC. 4. RELATIONSHIP TO EXISTING CENTRAL VALLEY 

19 PROJECT CONTRACTS. 

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

21 (1) the application of the reclamation laws to 

22 water delivered to the District pursuant to any con23 tract with the Secretary; or 

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


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1 (b) AMENDMENTS TO CONTRACTS.—The Secretary 

2 and the District may modify the contracts as necessary 

3 to comply with this Act. 

4 (c) LIABILITY.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the United States shall not be liable for 

7 damages arising out of any act, omission, or occur8 rence relating to the Contra Costa Canal or the ac9 quired land. 

10 (2) EXCEPTION.—The United States shall con11 tinue to be liable for damages caused by acts of neg12 ligence committed by the United States or by any 

13 employee or agent of the United States before the 

14 date of the conveyance and assignment under section 

15 3(a), consistent with chapter 171 of title 28, United 

16 States Code (commonly known as the ‘‘Federal Tort 

17 Claims Act’’). 

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

19 the liability of the United States beyond the liability 

20 provided under chapter 171 of title 28, United 

21 States Code. 

22 SEC. 5. REPORT. 

23 If the conveyance and assignment authorized by sec24 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 sub2 mit to Congress a report that— 

3 (1) describes the status of the conveyance and 

4 assignment; 

5 (2) describes any obstacles to completing the 

6 conveyance and assignment; and 

7 (3) specifies an anticipated date for completion 

8 of the conveyance and assignment. 


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Calendar No. 649 

115TH CONGRESS 

2D SESSION H. R. 6040 

[Report No. 115–362] 

AN ACT 

To authorize the Secretary of the Interior to convey 

Project. certain land and facilities of the Central Valley 

NOVEMBER 14, 2018 

Reported without amendment 


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