II 

117TH CONGRESS 

2D SESSION S. 4548 

To provide for the assumption of full ownership and control of the International Outfall Interceptor in Nogales, Arizona, by the International 

Boundary and Water Commission, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2022 

Ms. SINEMA (for herself and Mr. KELLY) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To provide for the assumption of full ownership and control 

of the International Outfall Interceptor in Nogales, Arizona, by the International Boundary and Water Commission, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nogales Wastewater 

5 Improvement Act of 2022’’. 

6 SEC. 2. AMENDMENT TO THE ACT OF JULY 27, 1953. 

7 The first section of the Act of July 27, 1953 (67 Stat. 

8 195, chapter 242; 22 U.S.C. 277d–10), is amended by 


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1 striking the period at the end and inserting ‘‘: Provided 

2 further, That the equitable portion of the Nogales sanita3 tion project for the city of Nogales, Arizona, shall be lim4 ited to the costs directly associated with the treatment and 

5 conveyance of the wastewater of the city and, to the extent 

6 practicable, shall not include any costs directly associated 

7 with the quality or quantity of wastewater originating in 

8 Mexico.’’. 

9 SEC. 3. NOGALES SANITATION PROJECT. 

10 (a) DEFINITIONS.—In this section: 

11 (1) CITY.—The term ‘‘City’’ means the City of 

12 Nogales, Arizona. 

13 (2) COMMISSION.—The term ‘‘Commission’’ 

14 means the United States Section of the Inter15 national Border and Water Commission. 

16 (3) INTERNATIONAL OUTFALL INTERCEPTOR.— 

17 The term ‘‘International Outfall Interceptor’’ means 

18 the pipeline that conveys wastewater from the 

19 United States-Mexico border to the Nogales Inter20 national Wastewater Treatment Plant. 

21 (4) NOGALES INTERNATIONAL WASTEWATER

22 TREATMENT PLANT.—The term ‘‘Nogales Inter23 national Wastewater Treatment Plant’’ means the 

24 wastewater treatment plant that— 

25 (A) is operated by the Commission; 


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1 (B) is located in Rio Rico, Santa Cruz 

2 County, Arizona, after manhole 99; and 

3 (C) treats sewage and wastewater origi4 nating from— 

5 (i) Nogales, Sonora, Mexico; and 

6 (ii) Nogales, Arizona. 

7 (b) OWNERSHIP AND CONTROL.— 

8 (1) IN GENERAL.—Subject to paragraph (2) 

9 and in accordance with authority under the Act of 

10 July 27, 1953 (67 Stat. 195, chapter 242; 22 

11 U.S.C. 277d–10 et seq.), on transfer by donation 

12 from the City of the current stake of the City in the 

13 International Outfall Interceptor to the Commission, 

14 the Commission shall enter into such agreements as 

15 are necessary to assume full ownership and control 

16 over the International Outfall Interceptor. 

17 (2) AGREEMENTS REQUIRED.—The Commission 

18 shall assume full ownership and control over the 

19 International Outfall Interceptor under paragraph 

20 (1) after all applicable governing bodies in the State 

21 of Arizona, including the City, have— 

22 (A) signed memoranda of understanding 

23 granting to the Commission access to existing 

24 easements for a right of entry to the InterVerDate Sep 11 2014 05:46 Jul 20, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4548.IS S4548

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1 national Outfall Interceptor for the life of the 

2 International Outfall Interceptor; 

3 (B) entered into an agreement with respect 

4 to the flows entering the International Outfall 

5 Interceptor that are controlled by the City; and 

6 (C) agreed to work in good faith to expedi7 tiously enter into such other agreements as are 

8 necessary for the Commission to operate and 

9 maintain the International Outfall Interceptor. 

10 (c) OPERATIONS AND MAINTENANCE.— 

11 (1) IN GENERAL.—Beginning on the date on 

12 which the Commission assumes full ownership and 

13 control of the International Outfall Interceptor 

14 under subsection (b)(1), but subject to subsection 

15 (e), the Commission shall be responsible for the op16 erations and maintenance of the International Out17 fall Interceptor. 

18 (2) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated to the Com20 mission to carry out this subsection, to remain avail21 able until expended— 

22 (A) $4,400,000 for fiscal year 2023; and 

23 (B) not less than $2,500,000 for fiscal 

24 year 2024 and each fiscal year thereafter. 

25 (d) DEBRIS SCREEN.— 


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1 (1) DEBRIS SCREEN REQUIRED.— 

2 (A) IN GENERAL.—The Commission shall 

3 construct, operate, and maintain a debris screen 

4 at Manhole One of the International Outfall In5 terceptor for intercepting debris and drug bun6 dles coming to the United States from Nogales, 

7 Sonora, Mexico. 

8 (B) REQUIREMENT.—In constructing and 

9 operating the debris screen under subparagraph 

10 (A), the Commission and the Commissioner of 

11 U.S. Customs and Border Protection shall co12 ordinate— 

13 (i) the removal of drug bundles and 

14 other illicit goods caught in the debris 

15 screen; and 

16 (ii) other operations at the Inter17 national Outfall Interceptor that require 

18 coordination. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to the Com21 mission, to remain available until expended— 

22 (A) $11,900,000 for fiscal year 2023 for 

23 construction of the debris screen described in 

24 paragraph (1)(A); and 


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1 (B) $2,200,000 for fiscal year 2024 and 

2 each fiscal year thereafter for the operations 

3 and maintenance of the debris screen described 

4 in paragraph (1)(A). 

5 (e) LIMITATION OF CLAIMS.—Chapter 171 and sec6 tion 1346(b) of title 28, United States Code (commonly 

7 known as the ‘‘Federal Tort Claims Act’’), shall not apply 

8 to any claim arising from the activities of the Commission 

9 in carrying out this section, including any claim arising 

10 from damages that result from overflow of the Inter11 national Outfall Interceptor due to excess inflow to the 

12 International Outfall Interceptor originating from 

13 Nogales, Sonora, Mexico. 

Æ 


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