[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3001 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 646
115th CONGRESS
  2d Session
                                S. 3001

                          [Report No. 115-359]

 To authorize the Secretary of the Interior to convey certain land and 
               facilities of the Central Valley Project.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2018

 Mrs. Feinstein (for herself and Ms. Harris) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           November 14, 2018

              Reported by Ms. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Contra Costa Canal Transfer 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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 jurisdiction of--</DELETED>
                <DELETED>    (A) the Bureau of Reclamation;</DELETED>
                <DELETED>    (B) the Western Area Power Administration; 
                and</DELETED>
                <DELETED>    (C) the Department of Defense in the case 
                of the Clayton Canal diversion traversing the Concord 
                Naval Weapons Station.</DELETED>
        <DELETED>    (2) Contra costa canal.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Exclusion.--The term ``Contra Costa 
                Canal'' does not include the Rock Slough fish screen 
                facility.</DELETED>
        <DELETED>    (3) Contracts.--The term ``contracts'' means the 
        existing water service contract between the District 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.</DELETED>
        <DELETED>    (4) District.--The term ``District'' means the 
        Contra Costa Water District, a political subdivision of the 
        State of California.</DELETED>
        <DELETED>    (5) Rock slough fish screen facility.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. CONVEYANCE OF LAND AND FACILITIES.</DELETED>

<DELETED>    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, in consideration for the District assuming from 
the United States all liability for the administration, operation, 
maintenance, and replacement of the Contra Costa Canal, subject to 
valid existing rights and existing recreation 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, the Secretary shall offer to convey and assign to the 
District--</DELETED>
        <DELETED>    (1) all right, title, and interest of the United 
        States in and to--</DELETED>
                <DELETED>    (A) the Contra Costa Canal; and</DELETED>
                <DELETED>    (B) the acquired land; and</DELETED>
        <DELETED>    (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 Reclamation and the East Bay Regional Park 
        District for Contra Loma Regional Park and other local agencies 
        within the Contra Costa Canal.</DELETED>
<DELETED>    (b) Rock Slough Fish Screen Facility.--</DELETED>
        <DELETED>    (1) In general.--On mutual agreement between the 
        Secretary and the District regarding safe and reliable 
        operations of the Rock Slough fish screen facility, 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.</DELETED>
        <DELETED>    (2) Cooperation.--The Secretary is encouraged to 
        work cooperatively with the District to accomplish the 
        conveyance and assignment under paragraph (1).</DELETED>
<DELETED>    (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 survey, appraisal, and other real estate 
transaction required for the conveyances and assignments.</DELETED>
<DELETED>    (d) Compliance With Environmental Laws.--</DELETED>
        <DELETED>    (1) In general.--Before carrying out the 
        conveyances and assignments under subsections (a) and (b), the 
        Secretary shall comply with all applicable requirements under--
        </DELETED>
                <DELETED>    (A) the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.);</DELETED>
                <DELETED>    (B) the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.); and</DELETED>
                <DELETED>    (C) any other law applicable to the Contra 
                Costa Canal or the acquired land.</DELETED>
        <DELETED>    (2) Effect.--Nothing in this Act modifies or 
        alters any obligations under--</DELETED>
                <DELETED>    (A) the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.); or</DELETED>
                <DELETED>    (B) the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.).</DELETED>

<DELETED>SEC. 4. RELATIONSHIP TO EXISTING CENTRAL VALLEY PROJECT 
              CONTRACTS.</DELETED>

<DELETED>    (a) In General.--Nothing in this Act affects--</DELETED>
        <DELETED>    (1) the application of the reclamation laws to 
        water delivered to the District pursuant to any contract with 
        the Secretary; or</DELETED>
        <DELETED>    (2) subject to subsection (b), the 
        contracts.</DELETED>
<DELETED>    (b) Amendments to Contracts.--The Secretary and the 
District may modify the contracts as necessary to comply with this 
Act.</DELETED>
<DELETED>    (c) Liability.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), the United States shall not be liable for damages arising 
        out of any act, omission, or occurrence relating to the Contra 
        Costa Canal or the acquired land.</DELETED>
        <DELETED>    (2) Exception.--The United States shall continue 
        to be liable for damages caused by acts of negligence 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'').</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. REPORT.</DELETED>

<DELETED>    If the conveyance and assignment authorized by section 
3(a) is not completed by the date that is 1 year after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
that--</DELETED>
        <DELETED>    (1) describes the status of the conveyance and 
        assignment;</DELETED>
        <DELETED>    (2) describes any obstacles to completing the 
        conveyance and assignment; and</DELETED>
        <DELETED>    (3) specifies an anticipated date for completion 
        of the conveyance and assignment.</DELETED>

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 
        jurisdiction of--
                    (A) the Bureau of Reclamation;
                    (B) the Western Area Power Administration; 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 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 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 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.
            (4) Contracts.--The term ``contracts'' means the existing 
        water service contract between the District 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 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 District 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 Regional 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
                    (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 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 Secretary and the 
        District shall enter into good faith negotiations to accomplish 
        the conveyance and assignment 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 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 conveyances and 
        assignments under subsections (a) and (b), the Secretary shall 
        comply with all applicable requirements 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 contract 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 paragraph (2), the 
        United States shall not be liable for damages arising out of 
        any act, omission, or occurrence relating to the Contra Costa 
        Canal or the acquired land.
            (2) Exception.--The United States shall continue to be 
        liable for damages caused by acts of negligence 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 section 3(a) is not 
completed by the date that is 1 year after the date of enactment of 
this Act, the Secretary shall submit 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.
                                                       Calendar No. 646

115th CONGRESS

  2d Session

                                S. 3001

                          [Report No. 115-359]

_______________________________________________________________________

                                 A BILL

 To authorize the Secretary of the Interior to convey certain land and 
               facilities of the Central Valley Project.

_______________________________________________________________________

                           November 14, 2018

                       Reported with an amendment