IIB 

115TH CONGRESS 

2D SESSION H. R. 6040 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2018 

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

Resources 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Transfer Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 land’’ means land in Federal ownership and land 

8 over which the Federal Government holds an interest 

9 for the purpose of the construction and operation of 

10 the Contra Costa Canal, including land under the ju11 risdiction of— 

12 (A) the Bureau of Reclamation; 

13 (B) the Western Area Power Administra14 tion; and 

15 (C) the Department of Defense in the case 

16 of the Clayton Canal diversion traversing the 

17 Concord Naval Weapons Station. 

18 (2) CONTRA COSTA CANAL AGREEMENT.—The 

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

20 agreement between the District and the Bureau of 

21 Reclamation to determine the legal, institutional, 

22 and financial terms surrounding the transfer of the 

23 Contra Costa Canal, including but not limited to 

24 compensation to the reclamation fund established by 

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

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


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1 value of miscellaneous revenues that the United 

2 States would otherwise derive over the 10 years fol3 lowing enactment of this Act from the eligible lands 

4 and facilities to be transferred, as governed by rec5 lamation law and policy and the contracts. 

6 (3) CONTRA COSTA CANAL.— 

7 (A) IN GENERAL.—The term ‘‘Contra 

8 Costa Canal’’ means the Contra Costa Canal 

9 Unit of the Central Valley Project, which exclu10 sively serves the Contra Costa Water District in 

11 an urban area of Contra Costa County, Cali12 fornia. 

13 (B) INCLUSIONS.—The term ‘‘Contra 

14 Costa Canal’’ includes pipelines, conduits, 

15 pumping plants, aqueducts, laterals, water stor16 age and regulatory facilities, electric sub17 stations, related works and improvements, and 

18 all interests in land associated with the Contra 

19 Costa Canal Unit of the Central Valley Project 

20 in existence on the date of enactment of this 

21 Act. 

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

23 Canal’’ does not include the Rock Slough fish 

24 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– 

5 6072A (1972, as amended), and any other contract 

6 or land permit involving the United States, the Dis7 trict, and 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 

13 Slough fish screen facility’’ means the fish 

14 screen facility at the Rock Slough intake to the 

15 Contra Costa Canal. 

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

17 fish screen facility’’ includes the screen struc18 ture, rake cleaning system, and accessory struc19 tures integral to the screen function of the 

20 Rock Slough fish screen facility, as required 

21 under the Central Valley Project Improvement 

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

23 (7) ROCK SLOUGH FISH SCREEN FACILITY

24 TITLE TRANSFER AGREEMENT.—The term ‘‘Rock 

25 Slough fish screen facility title transfer agreement’’ 


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1 means an agreement between the District and the 

2 Bureau of 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 facil8 ity. 

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

10 the Secretary of the Interior. 

11 SEC. 3. CONVEYANCE OF LAND AND FACILITIES. 

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

13 date of enactment of this Act, in consideration for the Dis14 trict assuming from the United States all liability for the 

15 administration, operation, maintenance, and replacement 

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

17 conditions set forth in the Contra Costa Canal Agreement 

18 and subject to valid existing rights and existing recreation 

19 agreements between the Bureau of Reclamation and the 

20 East Bay Regional Park District for Contra Loma Re21 gional Park and other local agencies within the Contra 

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

23 to the District— 

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

25 States in and to— 


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1 (A) the Contra Costa Canal; and 

2 (B) the acquired land; and 

3 (2) all interests reserved and developed as of 

4 the date of enactment of this Act for the Contra 

5 Costa Canal in the acquired land, including existing 

6 recreation agreements between the Bureau of Rec7 lamation and the East Bay Regional Park District 

8 for Contra Loma Regional Park and other local 

9 agencies within the Contra Costa Canal. 

10 (b) ROCK SLOUGH FISH SCREEN FACILITY.— 

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

12 and assign to the District all right, title, and inter13 est of the United States in and to the Rock Slough 

14 fish screen facility pursuant to the Rock Slough fish 

15 screen facility title transfer agreement. 

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

17 after the conveyance of the Contra Costa Canal, the 

18 Secretary and the District shall enter into good faith 

19 negotiations to accomplish the conveyance and as20 signment under paragraph (1). 

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

22 the Secretary any administrative and real estate transfer 

23 costs incurred by the Secretary in carrying out the convey24 ances and assignments under subsections (a) and (b), in25 cluding the cost of any boundary survey, title search, caVerDate Sep 11 2014 01:20 Sep 18, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6040.RFS H6040

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1 dastral survey, appraisal, and other real estate transaction 

2 required 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 

11 (16 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 

19 (16 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 

3 and the District may modify the contracts as necessary 

4 to comply 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 

14 employee or agent of the United States before the 

15 date of the conveyance and assignment under section 

16 3(a), consistent with chapter 171 of title 28, United 

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

18 Claims 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 

22 States 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 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. 

Passed the House of Representatives September 12, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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