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 for 
the purpose of the construction and operation of the 
Contra Costa Canal, including land under the juris-
diction 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 
VerDate Sep 11 2014 
22:28 Aug 31, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H6040.RH
H6040
pbinns on DSK79D2C42PROD with BILLS
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 value of 
miscellaneous revenues that the United States would 
otherwise derive over the 10 years following enactment 
of this Act from the eligible lands and facilities to be 
transferred, as governed by reclamation law and pol-
icy 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 exclusively 
serves the Contra Costa Water District in an 
urban area of Contra Costa County, California. 
(B) INCLUSIONS.—The term ‘‘Contra Costa 
Canal’’ includes pipelines, conduits, pumping 
plants, aqueducts, laterals, water storage and 
regulatory facilities, electric substations, 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. 
VerDate Sep 11 2014 
22:28 Aug 31, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H6040.RH
H6040
pbinns on DSK79D2C42PROD with BILLS
(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 District, 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 structure, 
rake cleaning system, and accessory structures 
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’’ means an 
VerDate Sep 11 2014 
22:28 Aug 31, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H6040.RH
H6040
pbinns on DSK79D2C42PROD with BILLS
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 facility. 
(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— 
(A) the Contra Costa Canal; and 
VerDate Sep 11 2014 
22:28 Aug 31, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H6040.RH
H6040
pbinns on DSK79D2C42PROD with BILLS
(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 recre-
ation agreements between the Bureau of Reclamation 
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 interest 
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 Sec-
retary and the District shall enter into good faith ne-
gotiations to accomplish the conveyance and assign-
ment 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 conveyances 
and assignments under subsections (a) and (b), including 
the cost of any boundary survey, title search, cadastral sur-
VerDate Sep 11 2014 
22:28 Aug 31, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H6040.RH
H6040
pbinns on DSK79D2C42PROD with BILLS
vey, 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 
VerDate Sep 11 2014 
22:28 Aug 31, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H6040.RH
H6040
pbinns on DSK79D2C42PROD with BILLS
(2) subject to subsection (b), the contracts. 
(b) AMENDMENTS TO CONTRACTS.—The Secretary and 
the District may modify the contracts as necessary to com-
ply 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 em-
ployee 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 
VerDate Sep 11 2014 
22:28 Aug 31, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H6040.RH
H6040
pbinns on DSK79D2C42PROD with BILLS
the date of enactment of this Act, the Secretary shall submit 
to Congress a report that— 
(1) describes the status of the conveyance and as-
signment; 
(2) describes any obstacles to completing the con-
veyance and assignment; and 
(3) specifies an anticipated date for completion 
of the conveyance and assignment. 
VerDate Sep 11 2014 
22:28 Aug 31, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H6040.RH
H6040
pbinns on DSK79D2C42PROD with BILLS
VerDate Sep 11 2014 
22:28 Aug 31, 2018
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H6040.RH
H6040
pbinns on DSK79D2C42PROD with BILLS
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 
certain land and facilities of the Central Valley 
Project. 
AUGUST 31, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
22:28 Aug 31, 2018
Jkt 079200
PO 00000
Frm 00012
Fmt 6651
Sfmt 6651
E:\BILLS\H6040.RH
H6040
pbinns on DSK79D2C42PROD with BILLS