[Congressional Record Volume 164, Number 152 (Wednesday, September 12, 2018)]
[House]
[Pages H8160-H8162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONTRA COSTA CANAL TRANSFER ACT
Mr. GIANFORTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6040) to authorize the Secretary of the Interior to convey
certain land and facilities of the Central Valley Project, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6040
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 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
[[Page H8161]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Montana (Mr. Gianforte) and the gentlewoman from Massachusetts (Ms.
Tsongas) each will control 20 minutes.
The Chair recognizes the gentleman from Montana.
General Leave
Mr. GIANFORTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Montana?
There was no objection.
Mr. GIANFORTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 6040 would transfer the Contra Costa Canal to the
Contra Costa County Water District. Contra Costa seeks to enclose the
earthen canal to increase water supply availability and improve public
safety.
Officials in the region have documented 81 instances where
individuals have drowned from falling into the canal, but, currently,
Contra Costa faces financial and bureaucratic challenges to conducting
this important upgrade because it doesn't have title to the canal.
This bill would allow local water users who best understand the
unique challenges of the area to determine what is right for them. H.R.
6040 is not only advantageous to local beneficiaries, but it is also a
relief to the American taxpayer.
Mr. Speaker, I urge adoption of the measure, and I reserve the
balance of my time.
Ms. TSONGAS. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. DeSaulnier), the author of this
legislation.
Mr. DeSAULNIER. Mr. Speaker, I thank the gentlewoman for yielding.
First, I would like to thank the Contra Costa Water District and the
Bureau of Reclamation for their support and guidance in putting this
bill together. I would also like to thank Senators Feinstein and Harris
for carrying this bill in the Senate.
The bill transfers ownership of the Contra Costa Canal from the
Bureau of Reclamation to the Contra Costa Water District.
{time} 1930
The Contra Costa Water District currently operates and maintains the
canal system as part of its infrastructure for providing water to half
a million people. However, the Bureau of Reclamation still owns the
canal, which it began building in 1937.
The transfer of the canal to local ownership will allow Contra Costa
Water District to invest in much-needed upgrades, repairs, and to
provide safety and environmental benefits to its customers.
Contra Costa Water District intends to invest an estimated $650
million to enclose the pipe, which will mitigate flood risk to the
surrounding community, extend the useful life of this infrastructure
for another 80 years, and prevent drownings, which currently average
about one per year.
I appreciate that the Contra Costa Water District has conducted
extensive outreach for the local communities and has broad support in
the district.
This bill also acknowledges an agreement with the East Bay Regional
Park District, which will continue to maintain important recreational
opportunities along the canal.
In closing, I would like to thank Chairman Bishop and Ranking Member
Grijalva for their support in moving this legislation forward that will
have enormous benefits for our community.
Mr. GIANFORTE. Mr. Speaker, I have no additional speakers, and I
reserve the balance of my time.
Ms. TSONGAS. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. McNerney).
Mr. McNERNEY. Mr. Speaker, I thank Mark DeSaulnier for introducing
this bill.
This legislation will allow the Contra Costa Water District to assume
control over the Contra Costa Canal. It will make important safety
improvements by enclosing the waterway to protect against accidental
drownings. As Mr. Gianforte indicated, there have been 81 drownings.
Now, if you look at the canals: It is a hot day. They look
refreshing. It looks safe. It is not. It is very, very dangerous. Even
the best swimmers can drown in those conditions.
It will also improve both the water supply and the land around the
canal for recreational use. Additionally, it will upgrade the fish
screening equipment to better protect endangered species.
Title transfers such as this will reduce the backlog for repairing
and upgrading infrastructure and may reduce duplicative Federal
approvals. These type of water projects are the kind of pragmatic
policymaking that we should be focusing on on a bipartisan basis.
This bill is one of many pieces of legislation that is necessary to
maintain the health of the California delta, which supports the
livelihoods of farmers, businesses, and families in my district.
Above all, we need policies that focus on water efficiency and
resilience. This program will increase the resilience of the canals.
This is forward-thinking legislation that concentrates on mitigating
increasing damage from climate change.
Ms. TSONGAS. Mr. Speaker, the Contra Costa Canal serves as a primary
water delivery system for 500,000 people in central and eastern Contra
Costa County, California. The canal system is currently too exposed,
resulting in safety hazards, degraded water quality and supply, and
increased maintenance costs.
Tragically, 81 people have drowned in the canal since it became
operational.
H.R. 6040 will transfer ownership of the Contra Costa Canal from the
Department of the Interior to the Contra Costa Water District so the
district can upgrade this 81-year-old water infrastructure with a
secure, buried pipeline.
In addition to the many benefits of this legislation to the people of
the county, transferring ownership of the canal will also benefit
wildlife. The planned updates to the system will reduce unnecessary
water losses from
[[Page H8162]]
seepage in unlined portions of the canal and prevent further losses
from evaporation. Preventing water loss will ensure that additional
water is delivered to national wildlife refuges in California.
Mr. Speaker, I support passage of this legislation. I urge my
colleagues to vote ``yes,'' and I yield back the balance of my time.
Mr. GIANFORTE. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Montana (Mr. Gianforte) that the House suspend the rules
and pass the bill, H.R. 6040, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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