[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 432 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 432
To authorize the Secretary of the Interior to convey certain land and
facilities of the Central Valley Project.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2019
Mr. DeSaulnier (for himself, Mr. McNerney, and Mr. Thompson of
California) 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 Representatives 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
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.--
(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.
(3) 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 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 the date of
enactment of this Act from the eligible lands and facilities to
be transferred, as governed by reclamation law and policy and
the contracts.
(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 (commonly
known as the ``Federal Tort Claims Act'').
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.
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