H.R. 6040 — what changed
Contra Costa Canal Transfer Act
From Introduced in House to Reported in House. 2 sections amended between Introduced in House and Reported in House.
Sec. 2 Definitions
In this Act:
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—
the Bureau of Reclamation;
the Western Area Power Administration; and
the Department of Defense in the case of the Clayton Canal diversion traversing the Concord Naval Weapons Station.
added
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.
added
Contra Costa Canal—
removed
Contra Costa Canal—
renumbered
was (4)(2)
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.
renumbered
was (4)(3)
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.
renumbered
was (4)(4)
Exclusion— The term Contra Costa Canal does not include the Rock Slough fish screen facility.
renumbered
was (5)
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.
renumbered
was (6)
District— The term District means the Contra Costa Water District, a political subdivision of the State of California.
added
Rock Slough fish screen facility—
removed
Rock Slough fish screen facility—
renumbered
was (7)(2)
In general— The term Rock Slough fish screen facility means the fish screen facility at the Rock Slough intake to the Contra Costa Canal.
renumbered
was (7)(3)
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).
added
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—
added
determine the legal, institutional, and financial terms surrounding the transfer of the Rock Slough fish screen facility; and
added
ensure the continued safe and reliable operations of the Rock Slough fish screen facility.
renumbered
was (8)
Secretary— The term Secretary means the Secretary of the Interior.
Sec. 3 Conveyance of land and facilities
changed
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—
all right, title, and interest of the United States in and to—
the Contra Costa Canal; and
the acquired land; and
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.
Rock Slough fish screen facility—
changed
In general— On mutual agreement between the Secretary and the District regarding safe and reliable operations of the Rock Slough fish screen facility, the 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.facility pursuant to the Rock Slough fish screen facility title transfer agreement.
changed
Cooperation— The No later than 180 days after the conveyance of the Contra Costa Canal, the Secretary is encouraged to work cooperatively with and the District shall enter into good faith negotiations to accomplish the conveyance and assignment under paragraph (1).
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.
Compliance with environmental laws—
In general— Before carrying out the conveyances and assignments under subsections (a) and (b), the Secretary shall comply with all applicable requirements under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
any other law applicable to the Contra Costa Canal or the acquired land.
Effect— Nothing in this Act modifies or alters any obligations under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).