[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.

                          ____________________