PUBLIC LAW 108–425—NOV. 30, 2004

TIJUANA RIVER VALLEY ESTUARY AND

BEACH SEWAGE CLEANUP ACT AMENDMENT

118 STAT. 2420 PUBLIC LAW 108–425—NOV. 30, 2004

Public Law 108–425

108th Congress

An Act

To amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of

2000 to extend the authorization of appropriations, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. ACTIONS TO BE TAKEN.

(a) SECONDARY TREATMENT.—Section 804(a)(1) of the Tijuana

River Valley Estuary and Beach Sewage Cleanup Act of 2000 (22

U.S.C. 277d–44(a)(1); 114 Stat. 1978) is amended by striking ‘‘Subject to’’ and all that follows through ‘‘of this Act,’’ and inserting

‘‘Pursuant to Treaty Minute 311 to the Treaty for the Utilization

of Waters of the Colorado and Tijuana Rivers and of the Rio

Grande, dated February 3, 1944,’’.

(b) CONTRACT.—Section 804(c) of such Act is amended as follows:

(1) By striking paragraph (1) and inserting the following:

‘‘(1) IN GENERAL.—Notwithstanding any provision of Federal procurement law, the Commission may enter into a

multiyear fee-for-services contract with the owner of a Mexican

facility in order to carry out the secondary treatment requirements of subsection (a) and make payments under such contract, subject to the availability of appropriations and subject

to the terms of paragraph (2).’’.

(2) In paragraph (2)(I) by striking ‘‘, with such annual

payment’’ and all that follows through the period at the end

and inserting ‘‘, including costs associated with the purchase

of any insurance or other financial instrument under subparagraph (K). Costs associated with the purchase of such insurance

or other financial instrument may be amortized over the term

of the contract.’’.

(3) In paragraph (2) by redesignating subparagraphs (J)

through (P) as subparagraphs (L) through (R), respectively,

and by inserting after subparagraph (I) the following:

‘‘(J) Neither the Commission nor the United States

Government shall be liable for payment of any cancellation

fees if the Commission cancels the contract.

‘‘(K) The owner of the Mexican facility may purchase

insurance or other financial instrument to cover the risk

of cancellation of the contract by the Commission. Any

such insurance or other financial instrument shall not be

provided or guaranteed by the United States Government,

and the Government may reserve the right to validate

independently the reasonableness of the premium when

negotiating the annual service fee with the owner.’’.

Mexico.

Nov. 30, 2004

[H.R. 4794]

PUBLIC LAW 108–425—NOV. 30, 2004 118 STAT. 2421

(4) By striking paragraphs (2)(L) and (2)(M) (as redesignated by paragraph (3) of this subsection) and inserting the

following:

‘‘(L) Transfer of ownership of the Mexican facility to

an appropriate governmental entity, other than the United

States, if the Commission cancels the contract.

‘‘(M) Transfer of ownership of the Mexican facility to

an appropriate governmental entity, other than the United

States, if the owner of the Mexican facility fails to perform

under the contract.’’.

(5) In paragraph (2)(N) (as redesignated by paragraph (3)

of this subsection) by inserting after ‘‘competitive procedures’’

the following: ‘‘under applicable law’’.

SEC. 2. IMPLEMENTATION OF NEW TREATY MINUTE.

Section 805 of the Tijuana River Valley Estuary and Beach

Sewage Cleanup Act of 2000 (22 U.S.C. 277d–45; 114 Stat. 1980)

is amended—

(1) in the section heading striking ‘‘NEGOTIATION OF’’; and

(2) by adding at the end the following:

‘‘(c) IMPLEMENTATION.—In light of the continuing threat to the

environment and to public health and safety within the United

States as a result of the river and ocean pollution in the San

Diego-Tijuana border region, the Commission is requested to give

the highest priority to the implementation of Treaty Minute 311

to the Treaty for the Utilization of Waters of the Colorado and

Tijuana Rivers and of the Rio Grande, dated February 3, 1944,

which establishes a framework for the siting of a treatment facility

in Mexico to provide for the secondary treatment of effluent from

the IWTP at the Mexican facility, to provide for additional capacity

for advanced primary and secondary treatment of additional sewage

emanating from the Tijuana River area, Mexico, and to meet the

water quality standards of Mexico, the United States, and the

State of California consistent with the provisions of this title, in

order that the other provisions of this title to address such pollution

may be implemented as soon as possible.’’.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

Section 806 of the Tijuana River Valley Estuary and Beach

Sewage Cleanup Act of 2000 (22 U.S.C. 277d–46; 114 Stat. 1981)

118 STAT. 2422 PUBLIC LAW 108–425—NOV. 30, 2004

LEGISLATIVE HISTORY—H.R. 4794:

HOUSE REPORTS: No. 108–688, Pt. 1 (Comm. on Transportation and Infrastructure).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Oct. 6, considered and passed House.

Nov. 16, considered and passed Senate.

Æ

is amended by striking ‘‘a total of $156,000,000 for fiscal years

2001 through 2005’’ and inserting ‘‘such sums as may be necessary’’.

Approved November 30, 2004.