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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 
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 AGREEMENT.—The 
term ‘‘Contra Costa Canal Agreement’’ means an 
agreement between the District and the Bureau of 
Reclamation to determine the legal, institutional, 
and financial terms surrounding the transfer of the 
Contra Costa Canal, including but not limited to 
compensation to the reclamation fund established by 
the first section of the Act of June 17, 1902 (32 
Stat. 388, chapter 1093), equal to the net present 
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value of miscellaneous revenues that the United 
States would otherwise derive over the 10 years fol-
lowing enactment of this Act from the eligible lands 
and facilities to be transferred, as governed by rec-
lamation law and policy and the contracts. 
(3) 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. 
(C) EXCLUSION.—The term ‘‘Contra Costa 
Canal’’ does not include the Rock Slough fish 
screen facility. 
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(4) 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. 
(5) DISTRICT.—The term ‘‘District’’ means the 
Contra Costa Water District, a political subdivision 
of the State of California. 
(6) 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). 
(7) ROCK
SLOUGH
FISH
SCREEN
FACILITY 
TITLE
TRANSFER
AGREEMENT.—The term ‘‘Rock 
Slough fish screen facility title transfer agreement’’ 
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means an agreement between the District and the 
Bureau of Reclamation to— 
(A) determine the legal, institutional, and 
financial terms surrounding the transfer of the 
Rock Slough fish screen facility; and 
(B) ensure the continued safe and reliable 
operations of the Rock Slough fish screen facil-
ity. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. CONVEYANCE OF LAND AND FACILITIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, in consideration for the Dis-
trict assuming from the United States all liability for the 
administration, operation, maintenance, and replacement 
of the Contra Costa Canal, consistent with the terms and 
conditions set forth in the Contra Costa Canal Agreement 
and subject to valid existing rights and existing recreation 
agreements between the Bureau of Reclamation and the 
East Bay Regional Park District for Contra Loma Re-
gional Park and other local agencies within the Contra 
Costa Canal, the Secretary shall offer to convey and assign 
to the District— 
(1) all right, title, and interest of the United 
States in and to— 
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(A) the Contra Costa Canal; and 
(B) the acquired land; and 
(2) all interests reserved and developed as of 
the date of enactment of this Act for the Contra 
Costa Canal in the acquired land, including existing 
recreation agreements between the Bureau of Rec-
lamation and the East Bay Regional Park District 
for Contra Loma Regional Park and other local 
agencies within the Contra Costa Canal. 
(b) ROCK SLOUGH FISH SCREEN FACILITY.— 
(1) IN GENERAL.—The Secretary shall convey 
and assign to the District all right, title, and inter-
est of the United States in and to the Rock Slough 
fish screen facility pursuant to the Rock Slough fish 
screen facility title transfer agreement. 
(2) COOPERATION.—No later than 180 days 
after the conveyance of the Contra Costa Canal, the 
Secretary and the District shall enter into good faith 
negotiations to accomplish the conveyance and as-
signment under paragraph (1). 
(c) PAYMENT OF COSTS.—The District shall pay to 
the Secretary any administrative and real estate transfer 
costs incurred by the Secretary in carrying out the convey-
ances and assignments under subsections (a) and (b), in-
cluding the cost of any boundary survey, title search, ca-
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dastral survey, appraisal, and other real estate transaction 
required for the conveyances and assignments. 
(d) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 
(1) IN GENERAL.—Before carrying out the con-
veyances and assignments under subsections (a) and 
(b), the Secretary shall comply with all applicable re-
quirements under— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(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 
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(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-
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 
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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 
(3) specifies an anticipated date for completion 
of the conveyance and assignment. 
Passed the House of Representatives September 12, 
2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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