I 
115TH CONGRESS 
2D SESSION 
H. R. 6040 
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 Cali-
fornia) introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To authorize the Secretary of the Interior to convey certain 
land and facilities of the Central Valley Project. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Contra Costa Canal 
Transfer Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ACQUIRED
LAND.—The term ‘‘acquired 
land’’ means land in Federal ownership and land 
over which the Federal Government holds an interest 
VerDate Sep 11 2014 
21:29 Jun 11, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6040.IH
H6040
amozie on DSK3GDR082PROD with BILLS
for the purpose of the construction and operation of 
the Contra Costa Canal, including land under the ju-
risdiction of— 
(A) the Bureau of Reclamation; 
(B) the Western Area Power Administra-
tion; and 
(C) the Department of Defense in the case 
of the Clayton Canal diversion traversing the 
Concord Naval Weapons Station. 
(2) CONTRA COSTA CANAL.— 
(A) IN
GENERAL.—The term ‘‘Contra 
Costa Canal’’ means the Contra Costa Canal 
Unit of the Central Valley Project, which exclu-
sively serves the Contra Costa Water District in 
an urban area of Contra Costa County, Cali-
fornia. 
(B) 
INCLUSIONS.—The 
term 
‘‘Contra 
Costa Canal’’ includes pipelines, conduits, 
pumping plants, aqueducts, laterals, water stor-
age and regulatory facilities, electric sub-
stations, related works and improvements, and 
all interests in land associated with the Contra 
Costa Canal Unit of the Central Valley Project 
in existence on the date of enactment of this 
Act. 
VerDate Sep 11 2014 
21:29 Jun 11, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6040.IH
H6040
amozie on DSK3GDR082PROD with BILLS
(C) EXCLUSION.—The term ‘‘Contra Costa 
Canal’’ does not include the Rock Slough fish 
screen facility. 
(3) CONTRACTS.—The term ‘‘contracts’’ means 
the existing water service contract between the Dis-
trict and the United States, Contract No. 175r– 
3401A–LTR1 (2005), Contract No. 14–06–200– 
6072A (1972, as amended), and any other contract 
or land permit involving the United States, the Dis-
trict, and Contra Costa Canal. 
(4) DISTRICT.—The term ‘‘District’’ means the 
Contra Costa Water District, a political subdivision 
of the State of California. 
(5) ROCK SLOUGH FISH SCREEN FACILITY.— 
(A) 
IN
GENERAL.—The 
term 
‘‘Rock 
Slough fish screen facility’’ means the fish 
screen facility at the Rock Slough intake to the 
Contra Costa Canal. 
(B) INCLUSIONS.—The term ‘‘Rock Slough 
fish screen facility’’ includes the screen struc-
ture, rake cleaning system, and accessory struc-
tures integral to the screen function of the 
Rock Slough fish screen facility, as required 
under the Central Valley Project Improvement 
Act (Public Law 102–575; 106 Stat. 4706). 
VerDate Sep 11 2014 
21:29 Jun 11, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6040.IH
H6040
amozie on DSK3GDR082PROD with BILLS
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); and 
(C) any other law applicable to the Contra 
Costa Canal or the acquired land. 
(2) EFFECT.—Nothing in this Act modifies or 
alters any obligations under— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); or 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
SEC. 4. RELATIONSHIP TO EXISTING CENTRAL VALLEY 
PROJECT CONTRACTS. 
(a) IN GENERAL.—Nothing in this Act affects— 
(1) the application of the reclamation laws to 
water delivered to the District pursuant to any con-
tract with the Secretary; or 
(2) subject to subsection (b), the contracts. 
(b) AMENDMENTS TO CONTRACTS.—The Secretary 
and the District may modify the contracts as necessary 
to comply with this Act. 
(c) LIABILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the United States shall not be liable for 
damages arising out of any act, omission, or occur-
VerDate Sep 11 2014 
21:29 Jun 11, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6040.IH
H6040
amozie on DSK3GDR082PROD with BILLS
rence relating to the Contra Costa Canal or the ac-
quired land. 
(2) EXCEPTION.—The United States shall con-
tinue to be liable for damages caused by acts of neg-
ligence committed by the United States or by any 
employee or agent of the United States before the 
date of the conveyance and assignment under section 
3(a), consistent with chapter 171 of title 28, United 
States Code (commonly known as the ‘‘Federal Tort 
Claims Act’’). 
(3) LIMITATION.—Nothing in this Act increases 
the liability of the United States beyond the liability 
provided under chapter 171 of title 28, United 
States Code. 
SEC. 5. REPORT. 
If the conveyance and assignment authorized by sec-
tion 3(a) is not completed by the date that is 1 year after 
the date of enactment of this Act, the Secretary shall sub-
mit to Congress a report that— 
(1) describes the status of the conveyance and 
assignment; 
(2) describes any obstacles to completing the 
conveyance and assignment; and 
VerDate Sep 11 2014 
21:29 Jun 11, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6040.IH
H6040
amozie on DSK3GDR082PROD with BILLS
(3) specifies an anticipated date for completion 
of the conveyance and assignment. 
Æ 
VerDate Sep 11 2014 
21:29 Jun 11, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H6040.IH
H6040
amozie on DSK3GDR082PROD with BILLS