II 

116TH CONGRESS 

2D SESSION S. 4352 

To provide for the water quality restoration of the Tijuana River and the 

New River, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2020 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To provide for the water quality restoration of the Tijuana 

River and the New River, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Border Water Quality Restoration and Protection Act of 

6 2020’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY 

RESTORATION 


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Sec. 101. Findings; purpose. 

Sec. 102. Definitions. 

Sec. 103. Tijuana River Public Health and Water Quality Restoration Program. 

Sec. 104. Water quality plan. 

Sec. 105. Grants, agreements, and assistance. 

Sec. 106. Annual budget plan. 

Sec. 107. Reports. 

TITLE II—NEW RIVER PUBLIC HEALTH AND WATER QUALITY 

RESTORATION 

Sec. 201. Findings; purpose. 

Sec. 202. Definitions. 

Sec. 203. California New River Public Health and Water Quality Restoration 

Program. 

Sec. 204. Water quality plan. 

Sec. 205. Grants, agreements, and assistance. 

Sec. 206. Annual budget plan. 

Sec. 207. Reports. 

TITLE III—BORDER WATER INFRASTRUCTURE IMPROVEMENT 

Sec. 301. United States-Mexico border water infrastructure program. 

TITLE IV—MISCELLANEOUS 

Sec. 401. Role of the Commissioner and international agreements. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) COMMISSIONER.—The term ‘‘Commis7 sioner’’ means the Commissioner of the United 

8 States Section of the International Boundary and 

9 Water Commission. 

10 (3) MEXICAN.—The term ‘‘Mexican’’ means, as 

11 applicable, the Federal, State, and local governments 

12 of Mexico. 


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1 (4) NEW RIVER.—The term ‘‘New River’’ 

2 means the river that starts in Mexicali, Mexico, 

3 flows north into the United States through Calexico, 

4 passes through the Imperial Valley, and drains into 

5 the Salton Sea. 

6 (5) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of State. 

8 (6) TIJUANA RIVER.—The term ‘‘Tijuana 

9 River’’ means the river that rises in the Sierra de 

10 Juarez in Mexico, flows through the City of Tijuana 

11 and then north into the United States, passes 

12 through the Tijuana River estuary, and drains into 

13 the Pacific Ocean. 

14 (7) WATER REUSE.—The term ‘‘water reuse’’ 

15 has the meaning given the term in the document of 

16 the Environmental Protection Agency entitled ‘‘Na17 tional Water Reuse Action Plan Collaborative Imple18 mentation (Version 1)’’ and dated February 2020. 

19 TITLE I—TIJUANA RIVER PUB20 LIC HEALTH AND WATER 

21 QUALITY RESTORATION 

22 SEC. 101. FINDINGS; PURPOSE. 

23 (a) FINDINGS.—Congress finds that— 


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1 (1) the Tijuana River flows across the United 

2 States-Mexico border, through the southern United 

3 States, and into the Pacific Ocean; 

(2) 3 4 ⁄4 of the 1,750 square mile watershed of 

5 the Tijuana River lies in Mexico, and the remaining 

1 6 ⁄4 includes the Tijuana River National Estuarine 

7 Research Reserve in the United States; 

8 (3) the Tijuana River National Estuarine Re9 search Reserve is a partnership of Federal and State 

10 agencies, including the National Oceanic and Atmos11 pheric Administration, California State Parks, and 

12 the United States Fish and Wildlife Service; 

13 (4) the Tijuana River is a significant estuary 

14 and watershed, providing— 

15 (A) economic and health benefits to the 

16 citizens of the United States and Mexico; and 

17 (B) environmental benefits as critical habi18 tat to shore birds; 

19 (5) the economy of communities in southern 

20 California, including smaller communities, such as 

21 the City of Imperial Beach, and larger municipali22 ties, such as the City of San Diego, may be signifi23 cantly affected if the natural beauty and recreational 

24 opportunities of the Tijuana River are degraded; 


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1 (6) the Tijuana River watershed is in the midst 

2 of an environmental crisis, as stormwater flows from 

3 the upper watershed, originating in Tijuana, Mexico, 

4 carrying pollutants such as bacteria, trash, and sedi5 ment that severely affect water quality; 

6 (7) coastal communities in and near the Ti7 juana River watershed are also affected, during cer8 tain tidal events, by a combination of treated waste9 water and chlorinated-only wastewater discharged 

10 from the San Antonio de los Buenos wastewater 

11 treatment plant located 5 miles south of the United 

12 States-Mexico border in Tijuana; 

13 (8) as reported by the Government Account14 ability Office in February 2020, transboundary flows 

15 of untreated sewage, combined with unmanaged 

16 stormwater, bring bacteria and other contaminants 

17 into the Tijuana River Valley watershed and beaches 

18 in the United States; 

19 (9) sediment flows into the Tijuana River Na20 tional Wildlife Refuge and blocks the flow of ocean 

21 water and creating an imbalance in water salinity, 

22 necessary for marsh plants, fish, and birds; 

23 (10) the City of Imperial Beach has closed 

beach access 1 24 ⁄3 of each year for several years before 


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1 the date of enactment of this Act due to risk to 

2 human health; 

3 (11) flows of untreated sewage, chemicals, and 

4 pollution from Mexico jeopardize the health of Bor5 der Patrol agents and limiting the ability of those 

6 agents to operate in areas affected by these flows; 

7 (12) in the 2 years before the date of enact8 ment of this Act, local Border Patrol union officials 

9 have reported that over 100 officers have suffered 

10 from contamination, rashes, infections, chemical 

11 burns, and lung irritation due to toxic cross-border 

12 flows; 

13 (13) a March 2020 report of the Environmental 

14 Financial Advisory Board of the Environmental Pro15 tection Agency— 

16 (A) found that— 

17 (i) ‘‘stormwater knows no jurisdic18 tional boundaries . . . and is a principal 

19 cause of water quality issues nationwide’’; 

20 and 

21 (ii) adequate funding to manage 

22 stormwater pollution lags behind the in23 vestments made in wastewater manage24 ment and the delivery of safe drinking 

25 water by decades; and 


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1 (B) concluded that Federal investment will 

2 be required to address— 

3 (i) the lack of State and local funding; 

4 and 

5 (ii) multi-jurisdictional stormwater 

6 management needs; 

7 (14) during the 10-year period before the date 

8 of enactment of this Act, Federal, State, and local 

9 governments and others have identified the benefits 

10 of using natural and green infrastructure to control 

11 and manage stormwater runoff, including wetlands, 

12 coastal dunes, and retention structures; 

13 (15) during the 20-year period before the date 

14 of enactment of this Act, the United States and 

15 Mexico, through the International Boundary and 

16 Water Commission, have agreed to resolve the pollu17 tion problems in the Tijuana River; 

18 (16) the International Boundary and Water 

19 Commission has negotiated 8 minutes to resolve 

20 water quality problems in the Tijuana River, among 

21 other subjects; 

22 (17) 1 of the most recent minutes authorized 

23 the construction of the South Bay International 

24 Wastewater Treatment Plant in San Ysidro to treat, 

25 on average, 25,000,000 gallons of sewage from TiVerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4352.IS S4352

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1 juana per day, which has reduced the sewage coming 

2 into the United States; 

3 (18) the sewer system of Tijuana is— 

4 (A) aging and deteriorating; and 

5 (B) insufficient to meet the needs of a 

6 quickly growing population; 

7 (19) in February 2017, 1 of the main sewer col8 lectors of Tijuana broke, sending an estimated 

9 143,000,000 gallons of raw sewage into the United 

10 States, which was not the only time such a break oc11 curred; 

12 (20) from February to July of 2019, an esti13 mated 4,500,000,000 gallons of wastewater, treated 

14 water, and stormwater flowed from Mexico to the 

15 United States; 

16 (21) in June and July 2019, there were 3 sewer 

17 collector breaks, resulting in a total discharge of raw 

18 sewage of almost 2,000,000 gallons; 

19 (22) a 2019 study entitled ‘‘Tijuana River Di20 version Study: Flow Estimates, Infrastructure Diag21 nostic, and Alternatives Development’’ estimated 

22 that from 2009 through 2016, transboundary flows 

23 occurred on average 138 days each year; 

24 (23) those transboundary flows contain treated 

25 wastewater, raw sewage, and urban runoff, with 


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1 most of those flows associated with wet weather and 

2 stormwater; 

3 (24) the study described in paragraph (22)— 

4 (A) found that improving the operational 

5 reliability of the existing diversion system of the 

6 South Bay could reduce the number of days 

7 that transboundary flows occurred; but 

8 (B) estimated that there would still be on 

9 average 90 days of transboundary flows each 

10 year; 

11 (25) the Federal Water Pollution Control Act 

12 (33 U.S.C. 1251 et seq.) has established a 

13 stormwater permit program under the National Pol14 lutant Discharge Elimination System, under which 

15 municipalities have the responsibility to manage and 

16 treat stormwater; 

17 (26) because of the international border and 

18 different treatment systems and standards, dis19 charges in Mexico to the Tijuana River are not 

20 treated to the same standards as the standards to 

21 which discharges would be treated in the United 

22 States; 

23 (27) the International Boundary and Water 

24 Commission negotiated Minute 320 to find solutions 


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1 for water quality, trash, and sediment in the Tijuana 

2 River; 

3 (28) the United States has— 

4 (A) invested at least $250,000,000 for sec5 ondary wastewater treatment in the Tijuana 

6 River Valley by the International Boundary and 

7 Water Commission; and 

8 (B) paid $18,000,000 to operate and 

9 maintain the plant in fiscal year 2018; 

10 (29) the United States has also helped fund 

11 water and wastewater infrastructure along the bor12 der through the Border Water Infrastructure Pro13 gram and the North American Development Bank; 

14 (30) however, as the Government Accountability 

15 Office found in the report described in paragraph 

16 (8), the long-standing environmental and health 

17 problems associated with transboundary stormwater 

18 flows continue, while the International Boundary 

19 and Water Commission has not taken actions to re20 solve existing problems by proposing and analyzing 

21 alternatives, analyzing costs, identifying solutions, or 

22 establishing time frames; and 

23 (31) significant additional investment from 

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1 ed to improve the water quality of the Tijuana River 

2 watershed. 

3 (b) PURPOSES.—The purposes of this title are— 

4 (1) to establish a program to plan and imple5 ment water quality restoration and protection activi6 ties; 

7 (2) to ensure the coordination of restoration 

8 and protection activities among Mexican, Federal, 

9 State, local, and regional entities and conservation 

10 partners relating to water quality and stormwater 

11 management in the Mexican Tijuana River water12 shed and the American Tijuana River watershed; 

13 and 

14 (3) to provide funding for water quality restora15 tion and protection activities in the Mexican Tijuana 

16 River watershed and the American Tijuana River 

17 watershed. 

18 SEC. 102. DEFINITIONS. 

19 In this title: 

20 (1) AMERICAN TIJUANA RIVER WATERSHED.— 

21 The term ‘‘American Tijuana River watershed’’ 

22 means the portion of the Tijuana River watershed 

23 that lies in the United States. 

24 (2) MEXICAN TIJUANA RIVER WATERSHED.— 

25 The term ‘‘Mexican Tijuana River watershed’’ 


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1 means the portion of the Tijuana River watershed 

2 that lies in Mexico. 

3 (3) PROGRAM.—The term ‘‘program’’ means 

4 the Tijuana River Public Health and Water Quality 

5 Restoration Program established under section 

6 103(a). 

7 (4) WATER QUALITY RESTORATION AND PRO8 TECTION.—The term ‘‘water quality restoration and 

9 protection’’, with respect to the Tijuana River water10 shed, means— 

11 (A) the enhancement of water quality and 

12 stormwater management; and 

13 (B) the use of natural and green infra14 structure to enhance the ability of the water15 shed to capture pollutants and reduce runoff to 

16 prevent flooding. 

17 SEC. 103. TIJUANA RIVER PUBLIC HEALTH AND WATER 

18 QUALITY RESTORATION PROGRAM. 

19 (a) ESTABLISHMENT.—Not later than 180 days after 

20 the date of enactment of this Act, the Administrator shall 

21 establish a program, to be known as the ‘‘Tijuana River 

22 Public Health and Water Quality Restoration Program’’. 

23 (b) DUTIES.—In carrying out the program, the Ad24 ministrator shall— 


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1 (1) carry out projects, plans, and initiatives for 

2 the Tijuana River and work in consultation with ap3 plicable management entities, including representa4 tives of the Federal Government, State and local 

5 governments, and regional and nonprofit organiza6 tions, to carry out public health and water quality 

7 restoration and protection activities relating to the 

8 Tijuana River; 

9 (2) carry out activities that— 

10 (A) develop, using monitoring, data collec11 tion, and assessment, a shared set of science12 based water quality restoration and protection 

13 activities identified in accordance with para14 graph (1); 

15 (B) support the implementation of a 

16 shared set of science-based water quality res17 toration and protection activities identified in 

18 accordance with paragraph (1), including water 

19 reuse projects, water recycling projects, and 

20 natural and green infrastructure projects; 

21 (C) target cost-effective projects with 

22 measurable results; and 

23 (D) maximize public health and water 

24 quality conservation outcomes; 


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1 (3) coordinate the development of consistent 

2 Federal policies, strategies, projects, and priorities 

3 for addressing the public health and water quality 

4 restoration and protection of the Tijuana River; 

5 (4) coordinate a funding strategy among avail6 able funding sources in the region; and 

7 (5) provide grants, agreements, and technical 

8 assistance in accordance with section 105. 

9 (c) COORDINATION.—In establishing the program, 

10 the Administrator shall consult, as appropriate, with— 

11 (1) the heads of Federal agencies, including— 

12 (A) the Secretary; 

13 (B) the Commissioner; 

14 (C) the Secretary of Agriculture; 

15 (D) the Secretary of Homeland Security; 

16 (E) the Administrator of General Services; 

17 (F) the Commissioner of U.S. Customs 

18 and Border Protection; 

19 (G) the Secretary of the Interior; 

20 (H) the Secretary of the Army, acting 

21 through the Chief of Engineers; 

22 (I) the Administrator of the National Oce23 anic and Atmospheric Administration; 

24 (J) the Director of the United States Fish 

25 and Wildlife Service; and 


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1 (K) the head of any other applicable agen2 cy, as determined by the Administrator; 

3 (2) the heads of State agencies, including— 

4 (A) the Governor of California; 

5 (B) the California Environmental Protec6 tion Agency; 

7 (C) the California State Water Resources 

8 Control Board; 

9 (D) the California Department of Water 

10 Resources; and 

11 (E) the San Diego Regional Water Quality 

12 Control Board; 

13 (3) 2 representatives of affected units of local 

14 government in the State, chosen on a rotating 3-year 

15 cycle by the Governor of California, including rep16 resentatives from the City of Imperial Beach, the 

17 City of San Diego, the City of Chula Vista, the City 

18 of Coronado, the Port of San Diego, and the County 

19 of San Diego; 

20 (4) 2 representatives of relevant nonprofit 

21 groups, chosen on a rotating 3-year cycle by the 

22 Governor of California; 

23 (5) other public agencies and organizations with 

24 authority for the planning and implementation of 

25 conservation strategies relating to the Tijuana River 


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1 in the United States and Mexico, as determined by 

2 the Administrator; and 

3 (6) representatives of the North American De4 velopment Bank. 

5 (d) COOPERATIVE AGREEMENTS AND MEMORANDA

6 OF UNDERSTANDING.— 

7 (1) IN GENERAL.—To achieve the purposes of 

8 this title and to ensure effective coordination of Fed9 eral and non-Federal water quality restoration and 

10 protection activities, the Administrator shall use 

11 amounts made available for the border water infra12 structure program under section 301 and payments 

13 received pursuant to paragraph (4)(A) to enter into 

14 cooperative agreements and memoranda of under15 standing with, and provide technical assistance to— 

16 (A) the heads of other Federal agencies, 

17 States, State agencies, units of local govern18 ment, regional governmental bodies, and private 

19 entities; and 

20 (B) in cooperation with the Secretary, the 

21 Government of Mexico. 

22 (2) USE OF AGREEMENTS.—The Administrator 

23 shall enter into the cooperative agreements and 

24 memoranda of understanding described in paragraph 

25 (1)— 


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1 (A) to carry out the activities described in 

2 this section, including studies, plans, construc3 tion, and completion of projects to improve the 

4 water quality of, environment of, and public 

5 health around the Tijuana River; and 

6 (B) to carry out a pilot project under 

7 which the Administrator shall, for projects se8 lected by the Administrator that would other9 wise not be successful in improving the water 

10 quality of, environment of, and public health of 

11 people residing in areas surrounding the Ti12 juana River— 

13 (i) identify the parties responsible for 

14 the projects; and 

15 (ii) provide funds to those parties for 

16 the operations and maintenance of the 

17 projects. 

18 (3) TERM.—The cooperative agreements and 

19 memoranda of understanding described in paragraph 

20 (1) shall be limited to a specified period of time, as 

21 determined by the Administrator. 

22 (4) FINANCIAL ARRANGEMENTS.— 

23 (A) IN GENERAL.—If the Administrator 

24 enters into a cooperative agreement or memo25 randum of understanding described in paraVerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4352.IS S4352

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1 graph (1), the Administrator may require the 

2 other party to the agreement or memorandum 

3 to provide payment to the Administrator. 

4 (B) DEPOSIT.—Any amounts received as a 

5 payment under subparagraph (A) shall be de6 posited into the State and Tribal Assistance 

7 Grants account of the Environmental Protec8 tion Agency and shall remain available, without 

9 further appropriation, to carry out the purposes 

10 of this title. 

11 (5) PERSONNEL; SERVICES; TECHNICAL ASSIST12 ANCE.—The Administrator may provide or accept 

13 personnel, services, and technical assistance pursu14 ant to a cooperative agreement or memorandum of 

15 understanding described in paragraph (1), with or 

16 without reimbursement, for the purposes of carrying 

17 out the agreement or memorandum. 

18 SEC. 104. WATER QUALITY PLAN. 

19 (a) DEVELOPMENT.— 

20 (1) IN GENERAL.—The Administrator, in con21 sultation with the entities described in section 

22 103(c), shall develop a plan for the purpose of im23 proving and protecting the water quality of the Ti24 juana River watershed. 


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1 (2) REQUIREMENTS.—The plan under para2 graph (1) shall— 

3 (A) build on and incorporate any existing 

4 efforts and plans to improve and protect the 

5 water quality of the Tijuana River watershed, 

6 including ongoing and completed efforts and 

7 plans; and 

8 (B) include— 

9 (i) such features as are needed to im10 prove and protect the quality of waste11 water, stormwater runoff, and other un12 treated flows; 

13 (ii) criteria for selecting— 

14 (I) water quality restoration and 

15 protection projects; and 

16 (II) projects on the priority list 

17 under subsection (c)(1); 

18 (iii) the amounts necessary for the op19 erations and maintenance of infrastructure 

20 existing on and constructed after the date 

21 of enactment of this Act; and 

22 (iv) potential sources of funding to 

23 help pay the costs described in clause (iii). 

24 (3) OPERATIONS AND MAINTENANCE FUND25 ING.— 


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1 (A) IN GENERAL.—The Administrator, 

2 working with the entities described in section 

3 103(c), shall assess and identify potential alter4 native sources and approaches for financing in5 frastructure projects, including financing the 

6 operations and maintenance of those infrastruc7 ture projects. 

8 (B) REQUIREMENT.—In carrying out sub9 paragraph (A), the Administrator shall assess 

10 the approaches identified in the report of the 

11 Environmental Financial Advisory Board enti12 tled ‘‘Evaluating Stormwater Infrastructure 

13 Funding and Financing’’ and dated March 

14 2020. 

15 (b) ISSUANCE; UPDATES.—The Administrator 

16 shall— 

17 (1) not later than 1 year after the date of en18 actment of this Act, issue the plan under subsection 

19 (a)(1); and 

20 (2) every 5 years after the date on which the 

21 plan is issued under paragraph (1), update the plan. 

22 (c) PRIORITY LIST.— 

23 (1) IN GENERAL.—The plan under subsection 

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1 posed water quality restoration and protection 

2 projects for the Tijuana River watershed that— 

3 (A) provides for the management of waste4 water or stormwater or the removal of debris, 

5 sediment, chemicals, bacteria, and other con6 taminants from the water flowing north into the 

7 United States; 

8 (B) estimates the costs and identifies the 

9 entities that will fund the construction, oper10 ation, and maintenance of each project on the 

11 priority list; 

12 (C) is developed in coordination with the 

13 entities described in section 103(c); 

14 (D) assists agencies to coordinate funding; 

15 and 

16 (E) identifies projects— 

17 (i) in the Mexican Tijuana River wa18 tershed; 

19 (ii) in the American Tijuana River 

20 watershed; and 

21 (iii) that address transboundary flows 

22 that affect coastal communities in and 

23 near the Tijuana River watershed. 

24 (2) DEVELOPMENT.—In developing the priority 

25 list under paragraph (1), the Administrator shall— 


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1 (A) use the best available science, includ2 ing any relevant findings and recommendations 

3 of a watershed assessment conducted by Fed4 eral, State, and local agencies; 

5 (B) carry out and fund science develop6 ment, monitoring, or modeling as needed to in7 form project development and assessment; and 

8 (C) include, in order of priority, potential 

9 or proposed water quality or stormwater 

10 projects for the restoration and protection of 

11 the Tijuana River that— 

12 (i) would help— 

13 (I) to achieve and maintain the 

14 water quality standards for— 

15 (aa) public health; 

16 (bb) recreational opportuni17 ties; 

18 (cc) scenic resources; and 

19 (dd) wildlife and habitat; 

20 and 

21 (II) to address water needs in the 

22 Tijuana River watershed, including 

23 through water reuse and water recy24 cling; and 


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1 (ii) would identify responsible agencies 

2 and funding sources through coordinated 

3 efforts by the entities described in section 

4 103(c). 

5 SEC. 105. GRANTS, AGREEMENTS, AND ASSISTANCE. 

6 (a) IN GENERAL.—In order to carry out the purposes 

7 of the program as described in section 101(b), the Admin8 istrator may— 

9 (1) provide grants and technical assistance to 

10 the Commissioner, State and local governments, 

11 nonprofit organizations, and institutions of higher 

12 education, in both the United States and Mexico; 

13 and 

14 (2) enter into interagency agreements with 

15 other Federal agencies. 

16 (b) CRITERIA.—The Administrator, in consultation 

17 with the entities described in section 103(c), shall develop 

18 criteria for providing grants and technical assistance and 

19 entering into interagency agreements under subsection (a) 

20 to ensure that activities carried out under an interagency 

21 agreement or using those grants or technical assistance— 

22 (1) accomplish 1 or more of the purposes iden23 tified in section 101(b); and 

24 (2) advance the implementation of priority 

25 projects identified under section 104(c). 


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1 (c) COST SHARING.—The Administrator may estab2 lish a Federal share requirement for any project carried 

3 out using any assistance proved under this section on an 

4 individual project basis. 

5 (d) ADMINISTRATION.— 

6 (1) IN GENERAL.—The Administrator may 

7 enter into an agreement to manage the implementa8 tion of this section with the North American Devel9 opment Bank or a similar organization that offers 

10 grant management services. 

11 (2) FUNDING.—If the Administrator enters into 

12 an agreement under paragraph (1), the organization 

13 selected shall— 

14 (A) for each fiscal year, receive amounts to 

15 carry out this section in an advance payment of 

16 the entire amount on the date of enactment of 

17 an appropriations Act making appropriations to 

18 the Administrator for a fiscal year, or as soon 

19 as practicable thereafter; and 

20 (B) otherwise administer the implementa21 tion of this section to support partnerships be22 tween the public and private sectors in accord23 ance with this title. 

24 (e) CONSTRUCTION, OPERATION, AND MAINTE25 NANCE.—The Commissioner may construct, operate, and 


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1 maintain any project carried out using funds made avail2 able to carry out this section. 

3 SEC. 106. ANNUAL BUDGET PLAN. 

4 The President, as part of the annual budget submis5 sion of the President to Congress under section 1105(a) 

6 of title 31, United States Code, shall submit estimated ex7 penditures and proposed appropriations for projects under 

8 this title for the current year, the budget year, and 5 out9 years (as those terms are defined in section 250(c) of the 

10 Balanced Budget and Emergency Deficit Control Act of 

11 1985 (2 U.S.C. 900(c))), including for projects included 

12 in the priority list under section 104(c), for each Federal 

13 agency described in section 103(c)(1). 

14 SEC. 107. REPORTS. 

15 Not later than 180 days after the date of enactment 

16 of this Act, and every 2 years thereafter, the Adminis17 trator shall submit to Congress a report on the implemen18 tation of this title, including— 

19 (1) a description of— 

20 (A) each project that has received funding 

21 pursuant to this title; and 

22 (B) the status of all projects that have re23 ceived funding pursuant to this title that are in 

24 progress on the date of submission of the re25 port; and 


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1 (2) an assessment of the effectiveness of the op2 eration and maintenance of each project that has 

3 been carried out pursuant to this title. 

4 TITLE II—NEW RIVER PUBLIC 

5 HEALTH AND WATER QUAL6 ITY RESTORATION 

7 SEC. 201. FINDINGS; PURPOSE. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) the New River was born out of— 

10 (A) occasional flows of the Colorado River 

11 into the Salton Sink; and 

12 (B) the erosion of the New River channel, 

13 which formed the deep river canyon between 

14 1905 and 1907; 

15 (2) the New River— 

16 (A) starts in Mexicali, Mexico; 

17 (B) flows north into the United States 

18 through Calexico; 

19 (C) passes through the Imperial Valley; 

20 and 

21 (D) drains into the Salton Sea approxi22 mately 66 miles north of the international 

23 boundary; 


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1 (3) the sub-watershed of the New River covers 

2 approximately 750 square miles, of which 63 percent 

3 is in Mexico and 37 percent is in the United States; 

4 (4) the New River has been widely recognized 

5 for significant water pollution problems, primarily 

6 because of agricultural runoff, raw sewage, pes7 ticides, and discharges of wastes from domestic, ag8 ricultural, and industrial sources in Mexico and the 

9 Imperial Valley; 

10 (5) by the 1980s, the New River acquired the 

11 reputation of being 1 of the most polluted rivers in 

12 the United States, with many pollutants in the New 

13 River posing serious human health hazards to local 

14 populations, particularly in Calexico and Mexicali; 

15 (6) in 1992, Minute 288 of the International 

16 Boundary and Water Commission— 

17 (A) established a sanitation strategy for 

18 the water quality problems of the New River at 

19 the international border; and 

20 (B) divided sanitation projects into 2 im21 mediate repair projects, the Mexicali I and 

22 Mexicali II, that— 

23 (i) totaled approximately 

24 $50,000,000; and 


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1 (ii) were funded by both the United 

2 States and Mexico through the North 

3 American Development Bank; 

4 (7) in 1995, the Environmental Protection 

5 Agency provided funds to the California Regional 

6 Water Quality Control Board to monitor and docu7 ment the water quality at the international boundary 

8 on a monthly basis; 

9 (8) in the late 1990s— 

10 (A) the United States and Mexico spent 

11 $100,000,000 (of which 45 percent was paid by 

12 Mexico and 55 percent was paid by the United 

13 States) to build the Las Arenitas and Zaragoza 

14 wastewater treatment plants; and 

15 (B) after the construction of those plants, 

16 untreated water from the New River was passed 

17 through 4 microbial treatment cells at the Las 

18 Arenitas wastewater treatment plant, which was 

19 then chlorinated and fed into a reforestation 

20 project along the desiccated Rio Hardy, which 

21 stretches to the Sea of Cortez; 

22 (9) a 10-year effort by community groups, law23 yers, regulatory agencies, and politicians addressed 

24 the problem of water quality in the New River at the 

25 source by— 


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1 (A) federally funding a new sewage treat2 ment plant in Mexicali; and 

3 (B) developing a site plan for the portion 

4 of the New River in the United States; 

5 (10) in 2009, the State of California required 

6 the California-Mexico Border Relations Council— 

7 (A) to create a water quality plan to study, 

8 monitor, remediate, and enhance the water 

9 quality of the New River to protect human 

10 health; and 

11 (B) to develop a river parkway suitable for 

12 public use; 

13 (11) in 2012, the California-Mexico Border Re14 lations Council approved the strategic plan for the 

15 New River Improvement Project that was prepared 

16 by the New River Improvement Project Technical 

17 Advisory Committee; 

18 (12) in 2016, the New River Improvement 

19 Project Technical Advisory Committee revised the 

20 recommended infrastructure of the New River Im21 provement Project, and the State of California ap22 propriated $1,400,000 to provide grants or contracts 

23 to carry out the necessary planning, design, environ24 mental review, and permitting work; 


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1 (13) the revised New River Improvement 

2 Project includes the installation of a large trash 

3 screen, a conveyance system, aeration devices, a new 

4 pump station, and managed wetlands; and 

5 (14) the existing and ongoing voluntary con6 servation efforts at the New River necessitate im7 proved efficiency and cost effectiveness, increased 

8 private sector investments, and coordination of Fed9 eral and non-Federal resources. 

10 (b) PURPOSES.—The purposes of this title include— 

11 (1) coordinating water quality restoration and 

12 protection activities relating to the New River 

13 among Mexican, Federal, State, local, and regional 

14 entities and conservation partners; and 

15 (2) carrying out coordinated restoration and 

16 protection activities relating to the New River and 

17 providing technical assistance for those activities— 

18 (A) to sustain and enhance fish and wild19 life habitat restoration and protection activities; 

20 (B) to improve and maintain water quality 

21 to support fish and wildlife, as well as the habi22 tats of fish and wildlife; 

23 (C) to sustain and enhance water manage24 ment for volume and flood damage mitigation 


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1 improvements to benefit fish and wildlife habi2 tat; 

3 (D) to improve opportunities for public ac4 cess to, and recreation in and along, the New 

5 River consistent with the ecological needs of 

6 fish and wildlife habitat; 

7 (E) to maximize the resilience of natural 

8 systems and habitats under changing watershed 

9 conditions; 

10 (F) to engage the public through outreach, 

11 education, and citizen involvement to increase 

12 capacity and support for coordinated water 

13 quality restoration and protection activities re14 lating to the New River; 

15 (G) to increase scientific capacity to sup16 port the planning, monitoring, and research ac17 tivities necessary to carry out coordinated water 

18 quality restoration and protection activities re19 lating to the New River; and 

20 (H) to provide technical assistance to carry 

21 out water quality restoration and protection ac22 tivities relating to the New River. 

23 SEC. 202. DEFINITIONS. 

24 In this title: 


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1 (1) PROGRAM.—The term ‘‘program’’ means 

2 the California New River Public Health and Water 

3 Quality Restoration Program established under sec4 tion 203(a). 

5 (2) WATER QUALITY RESTORATION AND PRO6 TECTION.—The term ‘‘water quality restoration and 

7 protection’’, with respect to the New River water8 shed, means— 

9 (A) the enhancement of water quality and 

10 stormwater management; and 

11 (B) the use of natural and green infra12 structure to enhance the ability of the water13 shed to capture pollutants and reduce runoff to 

14 prevent flooding. 

15 SEC. 203. CALIFORNIA NEW RIVER PUBLIC HEALTH AND 

16 WATER QUALITY RESTORATION PROGRAM. 

17 (a) ESTABLISHMENT.—Not later than 180 days after 

18 the date of enactment of this Act, the Administrator shall 

19 establish a program, to be known as the ‘‘California New 

20 River Public Health and Water Quality Restoration Pro21 gram’’. 

22 (b) DUTIES.—In carrying out the program, the Ad23 ministrator shall— 

24 (1) carry out projects, plans, and initiatives for 

25 the New River that are supported by the CaliforniaVerDate Sep 11 2014 18:55 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4352.IS S4352

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1 Mexico Border Relations Council, and work in con2 sultation with applicable management entities, in3 cluding representatives of the Calexico New River 

4 Committee, the California-Mexico Border Relations 

5 Council, the New River Improvement Project Tech6 nical Advisory Committee, the Federal Government, 

7 State and local governments, and regional and non8 profit organizations, to carry out water quality res9 toration and protection activities relating to the New 

10 River; 

11 (2) carry out activities that— 

12 (A) develop, using monitoring, data collec13 tion, and assessment, a shared set of science14 based water quality restoration and protection 

15 activities identified in accordance with para16 graph (1); 

17 (B) support the implementation of a 

18 shared set of science-based water quality res19 toration and protection activities identified in 

20 accordance with paragraph (1), including water 

21 reuse projects, water recycling projects, and 

22 natural and green infrastructure projects; 

23 (C) target cost-effective projects with 

24 measurable results; and 


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1 (D) maximize public health and water 

2 quality conservation outcomes; and 

3 (3) provide grants, agreements, and technical 

4 assistance in accordance with section 205. 

5 (c) COORDINATION.—In establishing the program, 

6 the Administrator shall consult, as appropriate, with— 

7 (1) the heads of Federal agencies, including— 

8 (A) the Secretary of the Interior; 

9 (B) the Secretary of Agriculture; 

10 (C) the Secretary of Homeland Security; 

11 (D) the Administrator of General Services; 

12 (E) the Commissioner of U.S. Customs 

13 and Border Protection; 

14 (F) the Commissioner; 

15 (G) the Secretary of the Army, acting 

16 through the Chief of Engineers; 

17 (H) the Administrator of the National 

18 Oceanic and Atmospheric Administration; 

19 (I) the Director of the United States Fish 

20 and Wildlife Service; and 

21 (J) the head of any other applicable agen22 cy, as determined by the Administrator; 

23 (2) the Governor of California; 

24 (3) the California Environmental Protection 

25 Agency; 


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1 (4) the California State Water Resources Con2 trol Board; 

3 (5) the California Department of Water Re4 sources; 

5 (6) the Colorado River Basin Regional Water 

6 Quality Control Board; 

7 (7) the Imperial Irrigation District; 

8 (8) other public agencies and organizations with 

9 authority for the planning and implementation of 

10 conservation strategies relating to the New River in 

11 the United States and Mexico, as determined by the 

12 Administrator; and 

13 (9) representatives of the North American De14 velopment Bank. 

15 (d) COOPERATIVE AGREEMENTS AND MEMORANDA

16 OF UNDERSTANDING.— 

17 (1) IN GENERAL.—To achieve the purposes of 

18 this title and to ensure effective coordination of Fed19 eral and non-Federal water quality restoration and 

20 protection activities, the Administrator shall use 

21 amounts made available for the border water infra22 structure program under section 301 and payments 

23 received pursuant to paragraph (4)(A) to enter into 

24 cooperative agreements and memoranda of under25 standing with, and provide technical assistance to— 


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1 (A) the heads of other Federal agencies, 

2 States, State agencies, units of local govern3 ment, regional governmental bodies, and private 

4 entities; and 

5 (B) in cooperation with the Secretary, the 

6 Government of Mexico. 

7 (2) USE OF AGREEMENTS.—The Administrator 

8 shall enter into the cooperative agreements and 

9 memoranda of understanding described in paragraph 

10 (1)— 

11 (A) to carry out the activities described in 

12 this section, including studies, plans, construc13 tion, and completion of projects to improve the 

14 water quality of, environment of, and public 

15 health around the New River; and 

16 (B) to carry out a pilot project under 

17 which the Administrator shall, for projects se18 lected by the Administrator that would other19 wise not be successful in improving the water 

20 quality of, environment of, and public health of 

21 people residing in areas surrounding the New 

22 River— 

23 (i) identify the parties responsible for 

24 the projects; and 


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1 (ii) provide funds to those parties for 

2 the operations and maintenance of the 

3 projects. 

4 (3) TERM.—The cooperative agreements and 

5 memoranda of understanding described in paragraph 

6 (1) shall be limited to a specified period of time, as 

7 determined by the Administrator. 

8 (4) FINANCIAL ARRANGEMENTS.— 

9 (A) IN GENERAL.—If the Administrator 

10 enters into a cooperative agreement or memo11 randum of understanding described in para12 graph (1), the Administrator may require the 

13 other party to the agreement or memorandum 

14 to provide payment to the Administrator. 

15 (B) DEPOSIT.—Any amounts received as a 

16 payment under subparagraph (A) shall be de17 posited into the State and Tribal Assistance 

18 Grants account of the Environmental Protec19 tion Agency and shall remain available, without 

20 further appropriation, to carry out the purposes 

21 of this title. 

22 (5) PERSONNEL; SERVICES; TECHNICAL ASSIST23 ANCE.—The Administrator may provide or accept 

24 personnel, services, and technical assistance pursu25 ant to a cooperative agreement or memorandum of 


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1 understanding described in paragraph (1), with or 

2 without reimbursement, for the purposes of carrying 

3 out the agreement or memorandum. 

4 SEC. 204. WATER QUALITY PLAN. 

5 (a) DEVELOPMENT.— 

6 (1) IN GENERAL.—The Administrator, in con7 sultation with the entities described in section 

8 203(c), shall develop a plan for the purpose of im9 proving and protecting the water quality of the New 

10 River watershed. 

11 (2) REQUIREMENTS.—The plan under para12 graph (1) shall— 

13 (A) build on and incorporate any existing 

14 efforts and plans to improve and protect the 

15 water quality of the New River, whether ongo16 ing or completed; and 

17 (B) include— 

18 (i) such features as are needed to im19 prove and protect the quality of waste20 water, stormwater runoff, and other un21 treated flows; 

22 (ii) criteria for selecting— 

23 (I) water quality restoration and 

24 protection projects; and 


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1 (II) projects on the priority list 

2 under subsection (c)(1); 

3 (iii) the amounts necessary for the op4 erations and maintenance of infrastructure 

5 existing on and constructed after the date 

6 of enactment of this Act; and 

7 (iv) potential sources of funding to 

8 help pay the costs described in clause (iii). 

9 (3) OPERATIONS AND MAINTENANCE FUND10 ING.— 

11 (A) IN GENERAL.—The Administrator, 

12 working with the entities described in section 

13 203(c), shall assess and identify potential alter14 native sources and approaches for financing in15 frastructure projects, including financing the 

16 operations and maintenance of those infrastruc17 ture projects. 

18 (B) REQUIREMENT.—In carrying out sub19 paragraph (A), the Administrator shall assess 

20 the approaches identified in the report of the 

21 Environmental Financial Advisory Board enti22 tled ‘‘Evaluating Stormwater Infrastructure 

23 Funding and Financing’’ and dated March 

24 2020. 


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1 (b) ISSUANCE; UPDATES.—The Administrator 

2 shall— 

3 (1) not later than 1 year after the date of en4 actment of this Act, issue the plan under subsection 

5 (a)(1); and 

6 (2) every 5 years after the date on which the 

7 plan is issued under paragraph (1), update the plan. 

8 (c) PRIORITY LIST.— 

9 (1) IN GENERAL.—The plan under subsection 

10 (a)(1) shall include a priority list of potential or pro11 posed water quality restoration and protection 

12 projects for the New River watershed that— 

13 (A) provides for the management of waste14 water or stormwater or the removal of debris, 

15 sediment, chemicals, bacteria, and other con16 taminants from the water flowing north into the 

17 United States; 

18 (B) estimates the costs and identifies the 

19 entities that will fund the construction, oper20 ation, and maintenance of each project on the 

21 priority list; 

22 (C) is developed in coordination with the 

23 entities described in section 203(c); 

24 (D) assists agencies to coordinate funding; 

25 and 


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1 (E) identifies projects— 

2 (i) in the New River watershed; and 

3 (ii) that address transboundary flows 

4 that affect coastal communities in and 

5 near the New River watershed. 

6 (2) DEVELOPMENT.—In developing the priority 

7 list under paragraph (1), the Administrator shall— 

8 (A) use the best available science, includ9 ing any relevant findings and recommendations 

10 of a watershed assessment conducted by Fed11 eral, State, and local agencies; 

12 (B) carry out and fund science develop13 ment, monitoring, or modeling as needed to in14 form project development and assessment; and 

15 (C) include, in order of priority, potential 

16 or proposed water quality or stormwater 

17 projects for the restoration and protection of 

18 the New River that— 

19 (i) would help— 

20 (I) to achieve and maintain the 

21 water quality standards for— 

22 (aa) public health; 

23 (bb) recreational opportuni24 ties; 

25 (cc) scenic resources; and 


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1 (dd) wildlife and habitat; 

2 and 

3 (II) to address water needs in the 

4 New River watershed, including 

5 through water reuse and water recy6 cling; and 

7 (ii) would identify responsible agencies 

8 and funding sources through coordinated 

9 efforts by the entities described in section 

10 203(c). 

11 SEC. 205. GRANTS, AGREEMENTS, AND ASSISTANCE. 

12 (a) IN GENERAL.—In order to carry out the purposes 

13 of the program as described in section 201(b), the Admin14 istrator may— 

15 (1) provide grants and technical assistance to 

16 the Commissioner, State and local governments, 

17 nonprofit organizations, and institutions of higher 

18 education, in both the United States and Mexico; 

19 and 

20 (2) enter into interagency agreements with 

21 other Federal agencies. 

22 (b) CRITERIA.—The Administrator, in consultation 

23 with the entities described in section 203(c), shall develop 

24 criteria for providing grants and technical assistance and 

25 entering into interagency agreements under subsection (a) 


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1 to ensure that activities carried out under an interagency 

2 agreement or using those grants or technical assistance— 

3 (1) accomplish 1 or more of the purposes iden4 tified in section 201(b); and 

5 (2) advance the implementation of priority 

6 projects identified under section 204(c). 

7 (c) COST SHARING.—The Administrator may estab8 lish a Federal share requirement for any project carried 

9 out using any assistance proved under this section on an 

10 individual project basis. 

11 (d) ADMINISTRATION.— 

12 (1) IN GENERAL.—The Administrator may 

13 enter into an agreement to manage the implementa14 tion of this section with the North American Devel15 opment Bank or a similar organization that offers 

16 grant management services. 

17 (2) FUNDING.—If the Administrator enters into 

18 an agreement under paragraph (1), the organization 

19 selected shall— 

20 (A) for each fiscal year, receive amounts to 

21 carry out this section in an advance payment of 

22 the entire amount on the date of enactment of 

23 an appropriations Act making appropriations to 

24 the Administrator for a fiscal year, or as soon 

25 as practicable thereafter; and 


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1 (B) otherwise administer the implementa2 tion of this section to support partnerships be3 tween the public and private sectors in accord4 ance with this title. 

5 (e) CONSTRUCTION, OPERATION, AND MAINTE6 NANCE.—The Commissioner may construct, operate, and 

7 maintain any project carried out using funds made avail8 able to carry out this section. 

9 SEC. 206. ANNUAL BUDGET PLAN. 

10 The President, as part of the annual budget submis11 sion of the President to Congress under section 1105(a) 

12 of title 31, United States Code, shall submit estimated ex13 penditures and proposed appropriations for projects under 

14 this title for the current year, budget year, and 5 outyears 

15 (as those terms are defined in section 250(c) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985 

17 (2 U.S.C. 900(c))), including for projects included in the 

18 priority list under section 204(c), for each Federal agency 

19 described in section 203(c)(1). 

20 SEC. 207. REPORTS. 

21 Not later than 180 days after the date of enactment 

22 of this Act, and every 2 years thereafter, the Adminis23 trator shall submit to Congress a report on the implemen24 tation of this title, including— 

25 (1) a description of— 


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1 (A) each project that has received funding 

2 pursuant to this title; and 

3 (B) the status of all projects that have re4 ceived funding pursuant to this title that are in 

5 progress on the date of submission of the re6 port; and 

7 (2) an assessment of the effectiveness of the op8 eration and maintenance of each project that has 

9 been carried out pursuant to this title. 

10 TITLE III—BORDER WATER IN11 FRASTRUCTURE IMPROVE12 MENT 

13 SEC. 301. UNITED STATES-MEXICO BORDER WATER INFRA14 STRUCTURE PROGRAM. 

15 (a) DEFINITIONS.—In this section: 

16 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti17 ty’’ means the United States Section of the Inter18 national Boundary and Water Commission, a State, 

19 a local government, an Indian Tribe, or a water or 

20 wastewater district with jurisdiction over any area in 

21 the United States or Mexico that is located within 

22 100 kilometers of the United States-Mexico border. 

23 (2) ELIGIBLE PROJECT.— 

24 (A) IN GENERAL.—The term ‘‘eligible 

25 project’’ means a project for the construction of 


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1 infrastructure for drinking water treatment or 

2 distribution, wastewater management, or 

3 stormwater management, including natural and 

4 green infrastructure and infrastructure for 

5 water reuse and water recycling, that— 

6 (i) addresses an existing human 

7 health or ecological issue; 

8 (ii) has an effect in the United States; 

9 (iii) with respect to wastewater man10 agement infrastructure the water dis11 charged from which will flow, directly or 

12 indirectly, into the United States, is de13 signed to meet, to the maximum extent 

14 practicable, all relevant water quality 

15 standards of the country in which the 

16 project is located, including, for projects 

17 located in the United States, any applica18 ble standards established under the Fed19 eral Water Pollution Control Act (33 

20 U.S.C. 1251 et seq.); 

21 (iv) is proposed by an eligible entity 

22 with legal authority— 

23 (I) to develop the project; 


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1 (II) to provide the proposed 

2 drinking water or wastewater services; 

3 and 

4 (III) to obtain necessary financ5 ing, including operations and mainte6 nance funding; 

7 (v) will comply with relevant State 

8 and local environmental and other laws 

9 (including regulations), including with re10 spect to— 

11 (I) obtaining any necessary oper12 ating permits and licenses; and 

13 (II) complying with any other 

14 regulatory requirements related to 

15 land acquisition and rights-of-way; 

16 and 

17 (vi) has the support of appropriate 

18 Mexican Federal and State agencies, in19 cluding the Comision Nacional de Agua 

20 (commonly known as ‘‘CONAGUA’’ or the 

21 Mexican National Water Commission) and 

22 any appropriate State or municipal water 

23 utility, if the project is located in Mexico. 

24 (B) EXCLUSIONS.—The term ‘‘eligible 

25 project’’ does not include a project— 


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1 (i) for new water supply; 

2 (ii) that threatens an ecosystem lo3 cated in the United States, or that is lo4 cated in both the United States and Mex5 ico, if the project causes a reduction in the 

6 flow of water; or 

7 (iii) to provide drinking water, waste8 water, or stormwater services to enable 

9 new development. 

10 (3) PROGRAM.—The term ‘‘program’’ means 

11 the program established under subsection (b). 

12 (b) ESTABLISHMENT.—The Administrator shall 

13 carry out a program to provide assistance to eligible enti14 ties for activities related to eligible projects, including fea15 sibility studies, planning studies, environmental assess16 ments, financial analyses, community participation efforts, 

17 and architectural, engineering, planning, design, construc18 tion, and operations and maintenance activities. 

19 (c) CONSULTATION.—In carrying out the program, 

20 the Administrator shall consult with the North American 

21 Development Bank. 

22 (d) COORDINATION.—In carrying out the program, 

23 the Administrator shall coordinate with Federal, State, 

24 local, and Tribal entities in the border region, including 

25 the Department of Homeland Security, the International 


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1 Boundary and Water Commission, and relevant State 

2 agencies. 

3 (e) PROJECT SELECTION.— 

4 (1) IN GENERAL.—In selecting projects for 

5 which to provide assistance under the program, the 

6 Administrator shall select projects in accordance 

7 with— 

8 (A) paragraph (2); and 

9 (B) any other criteria determined appro10 priate by the Administrator. 

11 (2) PRIORITIZATION.—In carrying out para12 graph (1), the Administrator shall prioritize projects 

13 that— 

14 (A) are identified in a plan developed pur15 suant to section 104 or 204; or 

16 (B)(i) are likely to have the greatest posi17 tive effects relating to the environment and 

18 public health; 

19 (ii) will result in benefits on the United 

20 States side of the United States-Mexico border; 

21 (iii) address the most urgent public health 

22 and environmental needs, as determined by the 

23 heads of the Regional offices for Regions 6 and 

24 9 of the Environmental Protection Agency; and 


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1 (iv) maximize sustainable practices, such 

2 as water reuse and water recycling, natural and 

3 green infrastructure, water efficiency, and con4 servation. 

5 (f) TERMS AND CONDITIONS.—The Administrator 

6 may establish such terms and conditions on assistance 

7 provided under the program as the Administrator deter8 mines appropriate. 

9 (g) COST SHARE.—The Administrator may establish 

10 a Federal share requirement for any project carried out 

11 using any assistance proved under this section on an indi12 vidual project basis. 

13 (h) REGIONAL ALLOCATIONS.—The amounts made 

14 available to carry out this section shall be made available 

15 in equal amounts for use by the Regional offices for Re16 gions 6 and 9 of the Environmental Protection Agency. 

17 TITLE IV—MISCELLANEOUS 

18 SEC. 401. ROLE OF THE COMMISSIONER AND INTER19 NATIONAL AGREEMENTS. 

20 (a) WASTEWATER AND STORMWATER AUTHORITY.— 

21 The Commissioner may study, design, construct, operate, 

22 and maintain projects to manage, improve, and protect the 

23 quality of wastewater, stormwater runoff, and other un24 treated flows in the Tijuana River watershed and the New 

25 River watershed. 


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1 (b) TIJUANA AND NEW RIVER PROJECTS WITHIN

2 THE UNITED STATES.—The Secretary, acting through the 

3 Commissioner, shall— 

4 (1) construct, operate, and maintain projects 

5 that— 

6 (A) are on a priority list developed under 

7 section 104(c) or 204(c); 

8 (B) are within the United States; and 

9 (C) improve the water quality of the Ti10 juana River watershed or the New River water11 shed, as applicable; and 

12 (2) use available funds, including funds received 

13 under this Act, to construct, operate, and maintain 

14 the projects described in paragraph (1). 

15 (c) AGREEMENTS WITH MEXICO.—The Secretary, 

16 acting through the Commissioner, may execute an agree17 ment with the appropriate official or officials of the Gov18 ernment of Mexico for— 

19 (1) the joint study and design of stormwater 

20 control and water quality projects; and 

21 (2) on approval of the necessary plans and 

22 specifications of the projects described in paragraph 

23 (1), the construction, operation, and maintenance of 

24 those projects by the United States and Mexico, in 

25 accordance with the treaty relating to the utilization 


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1 of the waters of the Colorado and Tijuana Rivers, 

2 and of the Rio Grande (Rio Bravo) from Fort 

3 Quitman, Texas, to the Gulf of Mexico, and supple4 mentary protocol, signed at Washington February 3, 

5 1944 (59 Stat. 1219), between the United States 

6 and Mexico. 

7 (d) FUNDING.—A project located wholly or partially 

8 within Mexico shall be eligible for funding under the pro9 gram established under section 301(b) if the project is— 

10 (1) identified under and consistent with the re11 sults of the study under subsection (c)(1); and 

12 (2) approved pursuant to subsection (c)(2). 

13 (e) SAVINGS PROVISION.—Nothing in this section 

14 limits the authority of the International Boundary and 

15 Water Commission under this Act or any other provision 

16 of law. 

Æ 


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