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[108th Congress Public Law 425]
[From the U.S. Government Printing Office]

[DOCID: f:publ425.108]

[[Page 2419]]

   TIJUANA RIVER VALLEY ESTUARY AND BEACH SEWAGE CLEANUP ACT AMENDMENT

[[Page 118 STAT. 2420]]

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. <<NOTE: Nov. 30, 2004 -  [H.R. 4794]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Mexico.>> 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.''.

[[Page 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)

[[Page 118 STAT. 2422]]

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.

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.

                                  <all>
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