II 

118TH CONGRESS 

2D SESSION S. 5075 

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 

SEPTEMBER 17, 2024 

Mr. PADILLA (for himself and Ms. BUTLER) 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’’. 

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

7 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 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 5075 IS

Sec. 101. Findings; purpose. 

Sec. 102. Definitions. 

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

Sec. 104. Water quality action plan. 

Sec. 105. Grants, interagency and other 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 action plan. 

Sec. 205. Grants, interagency and other 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) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

11 has the meaning given the term ‘‘Indian tribe’’ in 

12 section 102 of the Federally Recognized Indian 

13 Tribe List Act of 1994 (25 U.S.C. 5130). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 5075 IS

1 (4) MEXICAN.—The term ‘‘Mexican’’, with re2 spect to entities from Mexico, means, as applicable, 

3 the Federal, State, and local governments of Mexico. 

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

5 means the river that starts in Mexicali, Mexico, 

6 flows north into the United States through Calexico, 

7 passes through the Imperial Valley, and drains into 

8 the Salton Sea. 

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

10 the Secretary of State. 

11 (7) TIJUANA RIVER.—The term ‘‘Tijuana 

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

13 Juarez in Mexico, flows through the City of Tijuana 

14 and then north into the United States, passes 

15 through the Tijuana River estuary, and drains into 

16 the Pacific Ocean. 

17 (8) WATER REUSE.—The term ‘‘water reuse’’ 

18 has the meaning given the term in the document of 

19 the Environmental Protection Agency entitled ‘‘Na20 tional Water Reuse Action Plan Collaborative Imple21 mentation (Version 1)’’ and dated February 2020. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 5075 IS

1 TITLE I—TIJUANA RIVER PUB2 LIC HEALTH AND WATER 

3 QUALITY RESTORATION 

4 SEC. 101. FINDINGS; PURPOSE. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) the Tijuana River flows across the United 

7 States-Mexico border, through the southern United 

8 States, and into the Pacific Ocean; 

(2) 3 9 ⁄4 of the 1,750 square mile watershed of 

10 the Tijuana River lies in Mexico, and the remaining 

1 11 ⁄4 includes the Tijuana River National Estuarine 

12 Research Reserve in the United States; 

13 (3) the Tijuana River National Estuarine Re14 search Reserve is a partnership of Federal and State 

15 agencies, including the National Oceanic and Atmos16 pheric Administration, California State Parks, and 

17 the United States Fish and Wildlife Service; 

18 (4) the Tijuana River is a significant estuary 

19 and watershed, providing— 

20 (A) economic and health benefits to the 

21 citizens of the United States and Mexico; and 

22 (B) environmental benefits as critical habi23 tat to shore birds; 

24 (5) the economy of communities in southern 

25 California, including smaller communities, such as 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 5075 IS

1 the City of Imperial Beach, and larger municipali2 ties, such as the City of San Diego, may be signifi3 cantly affected— 

4 (A) if the natural beauty and recreational 

5 opportunities of the Tijuana River are de6 graded; and 

7 (B) due to public health and environmental 

8 impacts; 

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

10 of an environmental crisis, as stormwater flows from 

11 the upper watershed, originating in Tijuana, Mexico, 

12 carrying pollutants such as bacteria, trash, and sedi13 ment that severely affect water quality; 

14 (7) coastal communities in and near the Ti15 juana River watershed are also affected, during cer16 tain tidal events, by a combination of treated waste17 water and chlorinated-only wastewater discharged 

18 from the San Antonio de los Buenos wastewater 

19 treatment plant located 5 miles south of the United 

20 States-Mexico border in Tijuana; 

21 (8) as reported by the Government Account22 ability Office in February 2020, transboundary flows 

23 of untreated sewage, combined with unmanaged 

24 stormwater, bring bacteria and other contaminants 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 5075 IS

1 into the Tijuana River Valley watershed and beaches 

2 in the United States; 

3 (9) sediment flows into the Tijuana River Na4 tional Wildlife Refuge and blocks the flow of ocean 

5 water and creates an imbalance in water salinity, 

6 necessary for marsh plants, fish, and birds; 

7 (10) before the date of enactment of this Act, 

8 the City of Imperial Beach has experienced more 

9 than 1,000 consecutive days of beach closures due to 

10 the ongoing influx of sewage, industrial discharges, 

11 and trash from the Tijuana River due to risk to 

12 human health; 

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

14 pollution from Mexico jeopardize the health of Bor15 der Patrol agents and limit the ability of those 

16 agents to operate in areas affected by these flows; 

17 (12) a March 2020 report of the Environmental 

18 Financial Advisory Board of the Environmental Pro19 tection Agency— 

20 (A) found that— 

21 (i) ‘‘stormwater knows no jurisdic22 tional boundaries . . . and is a principal 

23 cause of water quality issues nationwide’’; 

24 and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•S 5075 IS

1 (ii) adequate funding to manage 

2 stormwater pollution lags behind the in3 vestments made in wastewater manage4 ment and the delivery of safe drinking 

5 water by decades; and 

6 (B) concluded that Federal investment will 

7 be required to address— 

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

9 and 

10 (ii) multi-jurisdictional stormwater 

11 management needs; 

12 (13) during the 10-year period before the date 

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

14 governments and others have identified the benefits 

15 of using natural and green infrastructure to control 

16 and manage stormwater runoff, including wetlands, 

17 coastal dunes, and retention structures; 

18 (14) during the 20-year period before the date 

19 of enactment of this Act, the United States and 

20 Mexico, through the International Boundary and 

21 Water Commission, have agreed to resolve the pollu22 tion problems in the Tijuana River; 

23 (15) the International Boundary and Water 

24 Commission has negotiated 9 Minutes to resolve 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•S 5075 IS

1 water quality problems in the Tijuana River, among 

2 other subjects; 

3 (16) 1 of the most recent Minutes authorized 

4 the construction of the South Bay International 

5 Wastewater Treatment Plant in San Ysidro to treat, 

6 on average, 25,000,000 gallons of sewage from Ti7 juana per day, which has reduced the sewage coming 

8 into the United States; 

9 (17) the sewer system of Tijuana is— 

10 (A) aging and deteriorating; and 

11 (B) insufficient to meet the needs of a 

12 quickly growing population; 

13 (18) in August 2023, Tropical Storm Hilary— 

14 (A) caused more than 2,000,000,000 gal15 lons of contaminated water to flow across the 

16 border; and 

17 (B) exacerbated vulnerabilities at the 

18 South Bay International Wastewater Treatment 

19 Plant; 

20 (19) on January 22, 2024, a record-breaking 

21 storm caused the Tijuana River to reach the highest 

22 flow ever recorded for that river at 14,500,000 gal23 lons per day; 

24 (20) from January to June of 2024, an esti25 mated 33,551,000,000 gallons of wastewater, treatVerDate Sep 11 2014 04:28 Sep 21, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5075.IS S5075

kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•S 5075 IS

1 ed water, and stormwater flowed from Mexico to the 

2 United States; 

3 (21) on June 17, 2024, a pump station failure 

4 resulted in approximately 302,000 gallons of un5 treated spilling onto the public right-of-way; 

6 (22) during the 2-year period before the date of 

7 enactment of this Act, transboundary flows occurred 

8 on 317 days, on average, each year; 

9 (23) those transboundary flows contain treated 

10 wastewater, raw sewage, and urban runoff, with 

11 most of those flows associated with wet weather and 

12 stormwater; 

13 (24) during the 2-year period before the date of 

14 enactment of this Act, unprecedented dry weather 

15 flows reached approximately 10,043,000,000 gallons; 

16 (25) abnormal dry weather flows and sediment 

17 have caused pump failures, oppressive odors, and 

18 public health concerns; 

19 (26) the Federal Water Pollution Control Act 

20 (33 U.S.C. 1251 et seq.) has established a 

21 stormwater permit program under the National Pol22 lutant Discharge Elimination System, under which 

23 municipalities have the responsibility to manage and 

24 treat stormwater; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•S 5075 IS

1 (27) because of the international border and 

2 different treatment systems and standards, dis3 charges in Mexico to the Tijuana River are not 

4 treated to the same standards as the standards to 

5 which discharges would be treated in the United 

6 States; 

7 (28) the International Boundary and Water 

8 Commission negotiated Minute 320 to find solutions 

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

10 River; 

11 (29) the International Boundary and Water 

12 Commission negotiated Minute 328 to implement 

13 sanitation infrastructure projects in Tijuana, Baja 

14 California, and San Diego, California, that will be fi15 nanced with a total joint investment of 

16 $474,000,000; 

17 (30) the United States has invested at least 

18 $300,000,000 for secondary wastewater treatment in 

19 the Tijuana River Valley by the International 

20 Boundary and Water Commission and the Environ21 mental Protection Agency through the United 

22 States-Mexico-Canada Agreement and Minute 328; 

23 (31) the Environmental Protection Agency and 

24 the International Boundary and Water Commission 

25 selected Alternative 2, as described in the final proVerDate Sep 11 2014 04:28 Sep 21, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5075.IS S5075

kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•S 5075 IS

1 grammatic environmental impact statement of the 

2 Environmental Protection Agency and the Inter3 national Boundary and Water Commission entitled 

4 ‘‘USMCA Mitigation of Contaminated Transbound5 ary Flows Project’’ and dated November 2, 2022, 

6 and selected in the record of decision of the Environ7 mental Protection Agency and the International 

8 Boundary and Water Commission entitled ‘‘Joint 

9 Record of Decision for the Final Programmatic En10 vironmental Impact Statement for United States11 Mexico-Canada Agreement Mitigation of Contami12 nated Transboundary Flows Project’’ and signed on 

13 June 9, 2023; 

14 (32) the United States has also helped fund 

15 water and wastewater infrastructure along the bor16 der through the Border Water Infrastructure Pro17 gram and the North American Development Bank; 

18 and 

19 (33) however, as the Government Accountability 

20 Office found in the report described in paragraph 

21 (8)— 

22 (A) the longstanding environmental and 

23 health problems associated with transboundary 

24 stormwater flows continue; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•S 5075 IS

1 (B) while the International Boundary and 

2 Water Commission has taken the first steps to 

3 conduct long-term capital planning to resolve 

4 existing problems by proposing and analyzing 

5 alternatives, analyzing costs, identifying solu6 tions, or establishing time frames, significant 

7 additional investment from the resources of 

8 Federal, State, Tribal, local, and Mexican enti9 ties is needed to improve the water quality of 

10 the Tijuana River watershed. 

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

12 (1) to establish a Geographic Program to plan 

13 and implement water quality restoration and protec14 tion activities; 

15 (2) to ensure the coordination of restoration 

16 and protection activities among Mexican, Federal, 

17 State, local, and regional entities and conservation 

18 partners relating to water quality and stormwater 

19 management in the Mexican Tijuana River water20 shed and the American Tijuana River watershed; 

21 and 

22 (3) to provide funding for water quality restora23 tion and protection activities in the Mexican Tijuana 

24 River watershed and the American Tijuana River 

25 watershed. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•S 5075 IS

1 SEC. 102. DEFINITIONS. 

2 In this title: 

3 (1) AMERICAN TIJUANA RIVER WATERSHED.— 

4 The term ‘‘American Tijuana River watershed’’ 

5 means the portion of the Tijuana River watershed 

6 that lies in the United States. 

7 (2) MEXICAN TIJUANA RIVER WATERSHED.— 

8 The term ‘‘Mexican Tijuana River watershed’’ 

9 means the portion of the Tijuana River watershed 

10 that lies in Mexico. 

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

12 the Tijuana River Public Health and Water Quality 

13 Restoration Program established under section 

14 103(a)(1). 

15 (4) PROGRAM DIRECTOR.—The term ‘‘Program 

16 Director’’ means the Program Director of the pro17 gram designated under section 103(a)(2). 

18 (5) WATER QUALITY RESTORATION AND PRO19 TECTION.—The term ‘‘water quality restoration and 

20 protection’’, with respect to the Tijuana River water21 shed, means— 

22 (A) the enhancement of water quality and 

23 stormwater management; and 

24 (B) the use of natural and green infra25 structure to enhance the ability of the waterVerDate Sep 11 2014 04:28 Sep 21, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S5075.IS S5075

kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•S 5075 IS

1 shed to capture pollutants and reduce runoff to 

2 prevent flooding. 

3 SEC. 103. TIJUANA RIVER PUBLIC HEALTH AND WATER 

4 QUALITY RESTORATION PROGRAM. 

5 (a) ESTABLISHMENT.— 

6 (1) PROGRAM.—Not later than 180 days after 

7 the date of enactment of this Act, subject to the 

8 availability of appropriations provided specifically for 

9 this purpose, the Administrator shall establish a Ge10 ographic Program, to be known as the ‘‘Tijuana 

11 River Public Health and Water Quality Restoration 

12 Program’’. 

13 (2) PROGRAM DIRECTOR.—Not later than 180 

14 days after the date of enactment of this Act, the Ad15 ministrator shall designate a Program Director of 

16 the program, who shall— 

17 (A) have leadership and project manage18 ment experience; and 

19 (B) be qualified— 

20 (i) to direct the integration of multiple 

21 project planning efforts and programs 

22 from different agencies and jurisdictions; 

23 (ii) to align numerous, and possibly 

24 competing, priorities to accomplish visible 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•S 5075 IS

1 and measurable outcomes under the action 

2 plan under section 104(a)(1); 

3 (iii) to manage efforts and associated 

4 functions needed to run the management 

5 conference described in subsection (b)(2); 

6 (iv) to facilitate engagement with the 

7 International Boundary and Water Com8 mission and related Federal agencies; 

9 (v) to solicit feedback from relevant 

10 Federal, State, Tribal, local, public, non11 profit, and other relevant stakeholders on 

12 the creation and implementation of the ac13 tion plan under section 104(a)(1); and 

14 (vi) to consult with Indian Tribes 

15 within the American Tijuana River water16 shed region. 

17 (b) DUTIES.—In carrying out the program— 

18 (1) the Administrator shall— 

19 (A) develop the action plan under section 

20 104(a)(1) to address pollution prevention, envi21 ronmental and ecological restoration, climate 

22 change, resilience, and mitigation, and related 

23 efforts, in the American Tijuana River water24 shed region; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•S 5075 IS

1 (B) carry out projects, plans, and initia2 tives for the Tijuana River and work in con3 sultation with applicable management entities, 

4 including representatives of the Federal Govern5 ment, State and local governments, Tribal gov6 ernments, and regional and nonprofit organiza7 tions, to carry out public health and water qual8 ity restoration and protection activities relating 

9 to the Tijuana River; 

10 (C) carry out activities that— 

11 (i) develop, using monitoring, data 

12 collection, and assessment, a shared set of 

13 science-based water quality restoration and 

14 protection activities identified in accord15 ance with subparagraph (B); 

16 (ii) support the implementation of a 

17 shared set of science-based water quality 

18 restoration and protection activities identi19 fied in accordance with subparagraph (B), 

20 including water reuse projects, water recy21 cling projects, and natural and green infra22 structure projects; 

23 (iii) target cost-effective projects with 

24 measurable results; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•S 5075 IS

1 (iv) maximize public health and water 

2 quality conservation outcomes; 

3 (D) coordinate the development of con4 sistent Federal policies, strategies, projects, and 

5 priorities for addressing the public health and 

6 water quality restoration and protection of the 

7 Tijuana River; 

8 (E) coordinate a funding strategy among 

9 available funding sources in the region; and 

10 (F) provide grants, agreements, and tech11 nical assistance in accordance with section 105; 

12 and 

13 (2) not later than 120 days after the date on 

14 which the Program Director is designated under 

15 subsection (a)(2), the Program Director shall con16 vene a management conference for the Tijuana River 

17 pursuant to section 320 of the Federal Water Pollu18 tion Control Act (33 U.S.C. 1330). 

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

20 the Administrator shall consult, as appropriate, with— 

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

22 (A) the Secretary; 

23 (B) the Commissioner; 

24 (C) the Secretary of Agriculture; 

25 (D) the Secretary of Homeland Security; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•S 5075 IS

1 (E) the Administrator of General Services; 

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

3 and Border Protection; 

4 (G) the Secretary of the Interior; 

5 (H) the Secretary of the Army, acting 

6 through the Chief of Engineers; 

7 (I) the Administrator of the National Oce8 anic and Atmospheric Administration; 

9 (J) the Director of the United States Fish 

10 and Wildlife Service; and 

11 (K) the head of any other applicable agen12 cy, as determined by the Administrator; 

13 (2) a representative of Naval Base Coronado; 

14 (3) a representative of the Commander, Navy 

15 Region Southwest; 

16 (4) a representative of the Coast Guard; 

17 (5) a representative of the United States Geo18 logical Survey; 

19 (6) a representative of the Bureau of Indian Af20 fairs; 

21 (7) a representative from each Indian Tribe lo22 cated within the American Tijuana River watershed; 

23 (8) the heads of State of California agencies, 

24 including— 

25 (A) the Governor of California; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•S 5075 IS

1 (B) the California Environmental Protec2 tion Agency; 

3 (C) the California State Water Resources 

4 Control Board; 

5 (D) the California Department of Water 

6 Resources; and 

7 (E) the San Diego Regional Water Quality 

8 Control Board; 

9 (9) 2 representatives of affected units of local 

10 government in the State of California, chosen on a 

11 rotating 3-year cycle by the Governor of California, 

12 including representatives from the City of Imperial 

13 Beach, the City of San Diego, the City of Chula 

14 Vista, the City of Coronado, the Port of San Diego, 

15 and the County of San Diego; 

16 (10) 2 representatives of relevant nonprofit 

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

18 Governor of California; 

19 (11) other public agencies and organizations 

20 with authority for the planning and implementation 

21 of conservation strategies relating to the Tijuana 

22 River in the United States and Mexico, as deter23 mined by the Administrator; and 

24 (12) representatives of the North American De25 velopment Bank. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•S 5075 IS

1 (d) COOPERATIVE AGREEMENTS AND MEMORANDA

2 OF UNDERSTANDING.— 

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

4 this title and to ensure effective coordination of Fed5 eral and non-Federal water quality restoration and 

6 protection activities, the Administrator shall use 

7 amounts made available for the United States-Mex8 ico border water infrastructure program under sec9 tion 301 and payments received pursuant to para10 graph (4)(A) to enter into cooperative agreements 

11 and memoranda of understanding with, and provide 

12 technical assistance to— 

13 (A) the heads of other Federal agencies, 

14 States, State agencies, units of local govern15 ment, Tribal governments, regional govern16 mental bodies, and private entities; and 

17 (B) in cooperation with the Secretary, the 

18 Government of Mexico. 

19 (2) USE OF AGREEMENTS.—The Administrator 

20 may enter into the cooperative agreements and 

21 memoranda of understanding described in paragraph 

22 (1) to carry out the activities described in this sec23 tion, including studies, plans, construction, and com24 pletion of projects to improve the water quality of, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•S 5075 IS

1 environment of, and public health around the Ti2 juana River. 

3 (3) TERM.—The cooperative agreements and 

4 memoranda of understanding described in paragraph 

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

6 determined by the Administrator. 

7 (4) FINANCIAL ARRANGEMENTS.— 

8 (A) IN GENERAL.—If the Administrator 

9 enters into a cooperative agreement or memo10 randum of understanding described in para11 graph (1), the Administrator may require the 

12 other party to the agreement or memorandum 

13 to provide payment to the Administrator. 

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

15 payment under subparagraph (A) shall be de16 posited into the State and Tribal Assistance 

17 Grants account of the Environmental Protec18 tion Agency and shall remain available, without 

19 further appropriation, to carry out the purposes 

20 of this title. 

21 (5) PERSONNEL; SERVICES; TECHNICAL ASSIST22 ANCE.—The Administrator may provide or accept 

23 personnel, services, and technical assistance pursu24 ant to a cooperative agreement or memorandum of 

25 understanding described in paragraph (1), with or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•S 5075 IS

1 without reimbursement, for the purposes of carrying 

2 out the agreement or memorandum. 

3 SEC. 104. WATER QUALITY ACTION PLAN. 

4 (a) DEVELOPMENT.— 

5 (1) IN GENERAL.—The Administrator, in con6 sultation with the entities described in section 

7 103(c), shall develop an action plan in accordance 

8 with the Statement of Intent between the United 

9 States and Mexico relating to the implementation of 

10 priority sanitation projects in the San Diego, CA.- 

11 Tijuana, BC region, signed on July 1, 2022, for the 

12 purpose of improving and protecting the water qual13 ity of the Tijuana River watershed. 

14 (2) REQUIREMENTS.—The action plan under 

15 paragraph (1) shall— 

16 (A) build on and incorporate any existing 

17 efforts and plans to improve and protect the 

18 water quality of the Tijuana River watershed, 

19 including ongoing and completed efforts and 

20 plans; 

21 (B) incorporate projects identified in Alter22 native 2, as described in the final programmatic 

23 environmental impact statement of the Environ24 mental Protection Agency and the International 

25 Boundary and Water Commission entitled 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•S 5075 IS

1 ‘‘USMCA Mitigation of Contaminated Trans2 boundary Flows Project’’ and dated November 

3 2, 2022, and selected in the record of decision 

4 of the Environmental Protection Agency and 

5 the International Boundary and Water Com6 mission entitled ‘‘Joint Record of Decision for 

7 the Final Programmatic Environmental Impact 

8 Statement for United States-Mexico-Canada 

9 Agreement Mitigation of Contaminated Trans10 boundary Flows Project’’ and signed on June 9, 

11 2023; and 

12 (C) include— 

13 (i) such features as are needed to im14 prove and protect the quality of waste15 water, stormwater runoff, and other un16 treated flows; 

17 (ii) criteria for selecting— 

18 (I) water quality restoration and 

19 protection projects; and 

20 (II) projects on the priority list 

21 under subsection (c)(1); 

22 (iii) the amounts necessary for the op23 erations and maintenance of infrastructure 

24 existing on and constructed after the date 

25 of enactment of this Act; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•S 5075 IS

1 (iv) potential sources of funding to 

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

3 (3) OPERATIONS AND MAINTENANCE FUND4 ING.— 

5 (A) IN GENERAL.—In developing the ac6 tion plan under paragraph (1), the Adminis7 trator, working with the entities described in 

8 section 103(c), shall assess and identify poten9 tial alternative sources and approaches for fi10 nancing infrastructure projects, including fi11 nancing the operations and maintenance of 

12 those infrastructure projects. 

13 (B) REQUIREMENT.—In carrying out sub14 paragraph (A), the Administrator shall assess 

15 the approaches identified in the report of the 

16 Environmental Financial Advisory Board enti17 tled ‘‘Evaluating Stormwater Infrastructure 

18 Funding and Financing’’ and dated March 

19 2020. 

20 (b) ISSUANCE; UPDATES.—The Administrator 

21 shall— 

22 (1) not later than 1 year after the date of en23 actment of this Act, issue the action plan under sub24 section (a)(1); and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•S 5075 IS

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

2 action plan is issued under paragraph (1), update 

3 the action plan. 

4 (c) PRIORITY LIST.— 

5 (1) IN GENERAL.—The action plan under sub6 section (a)(1) shall include a priority list of potential 

7 or proposed water quality restoration and protection 

8 projects for the Tijuana River watershed that— 

9 (A) provides for the management of waste10 water or stormwater or the removal of debris, 

11 sediment, chemicals, bacteria, and other con12 taminants from the water flowing north into the 

13 United States; 

14 (B) estimates the costs and identifies the 

15 entities that will fund the construction, oper16 ation, and maintenance of each project on the 

17 priority list; 

18 (C) is developed in coordination with the 

19 entities described in section 103(c); 

20 (D) assists agencies to coordinate funding; 

21 and 

22 (E) identifies projects— 

23 (i) in the Mexican Tijuana River wa24 tershed; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•S 5075 IS

1 (ii) in the American Tijuana River 

2 watershed; and 

3 (iii) that address transboundary flows 

4 that affect coastal communities in and 

5 near the Tijuana 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, Tribal, 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 Tijuana 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 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•S 5075 IS

1 (dd) wildlife and habitat; 

2 and 

3 (II) to address water needs in the 

4 Tijuana 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 

10 103(c). 

11 SEC. 105. GRANTS, INTERAGENCY AND OTHER AGREE12 MENTS, AND ASSISTANCE. 

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

14 of the program as described in section 101(b) and imple15 ment priority projects identified under section 104(c), the 

16 Administrator may— 

17 (1) provide grants and technical assistance to 

18 the Commissioner, State and local governments, 

19 Tribal governments, the North American Develop20 ment Bank, entities described in section 103(c)(11), 

21 nonprofit organizations, and institutions of higher 

22 education, in both the United States and Mexico; 

23 and 

24 (2) enter into interagency agreements with 

25 other Federal agencies. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
28 

•S 5075 IS

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

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

3 criteria for providing grants and technical assistance and 

4 entering into interagency agreements under subsection (a) 

5 to ensure that activities carried out under an interagency 

6 agreement or using those grants or technical assistance— 

7 (1) accomplish 1 or more of the purposes iden8 tified in section 101(b); and 

9 (2) advance the implementation of priority 

10 projects identified under section 104(c). 

11 (c) COST SHARING.—The Administrator may estab12 lish a Federal share requirement for any project carried 

13 out using any assistance provided under this section on 

14 an individual project basis. 

15 (d) ADMINISTRATION.— 

16 (1) IN GENERAL.—The Administrator may 

17 enter into an agreement to manage the implementa18 tion of this section with the North American Devel19 opment Bank or a similar organization that offers 

20 grant management services. 

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

22 an agreement under paragraph (1), the organization 

23 selected shall— 

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

25 carry out this section in an advance payment of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
29 

•S 5075 IS

1 the entire amount on the date of enactment of 

2 an appropriations Act making appropriations to 

3 the Administrator for a fiscal year, or as soon 

4 as practicable thereafter; and 

5 (B) otherwise administer the implementa6 tion of this section to support partnerships be7 tween the public and private sectors in accord8 ance with this title. 

9 (e) CONSTRUCTION, OPERATION, AND MAINTE10 NANCE.—The Commissioner may construct, operate, and 

11 maintain any project carried out using funds made avail12 able to carry out this section. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) IN GENERAL.—There is authorized to be 

15 appropriated to the Administrator to carry out this 

16 section $50,000,000 for each of fiscal years 2025 

17 through 2035, to remain available until expended. 

18 (2) SET ASIDE.—Of amounts made available to 

19 carry out this section, the Administrator may use 

20 not more than 5 percent for grants under this sec21 tion for salaries, expenses, and administration. 

22 (3) TRANSFER.—The Administrator may trans23 fer amounts made available under this subsection to 

24 the Commissioner as the Administrator determines 

25 necessary to carry out this section. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
30 

•S 5075 IS

1 SEC. 106. ANNUAL BUDGET PLAN. 

2 The President, as part of the annual budget submis3 sion of the President to Congress under section 1105(a) 

4 of title 31, United States Code, shall submit estimated ex5 penditures and proposed appropriations for projects under 

6 this title, including administrative needs and expenses, for 

7 the current year, the budget year, and 5 outyears (as those 

8 terms are defined in section 250(c) of the Balanced Budg9 et and Emergency Deficit Control Act of 1985 (2 U.S.C. 

10 900(c)), including for projects included in the priority list 

11 under section 104(c), for each Federal agency described 

12 in section 103(c)(1). 

13 SEC. 107. REPORTS. 

14 Not later than 1 year after the date of enactment 

15 of this Act, and every 2 years thereafter, the Adminis16 trator shall submit to Congress a report on the implemen17 tation of this title, including— 

18 (1) a description of— 

19 (A) each project that has received funding 

20 pursuant to this title; and 

21 (B) the status of all projects that have re22 ceived funding pursuant to this title that are in 

23 progress on the date of submission of the re24 port; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
31 

•S 5075 IS

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; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
32 

•S 5075 IS

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 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
33 

•S 5075 IS

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— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
34 

•S 5075 IS

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; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
35 

•S 5075 IS

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 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
36 

•S 5075 IS

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: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
37 

•S 5075 IS

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, subject to the avail19 ability of appropriations provided specifically for this pur20 pose, the Administrator shall establish a Geographic Pro21 gram, to be known as the ‘‘California New River Public 

22 Health and Water Quality Restoration Program’’. 

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


kjohnson on DSK7ZCZBW3PROD with $$_JOB
38 

•S 5075 IS

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

2 the New River that are supported by the California3 Mexico Border Relations Council, and work in con4 sultation with applicable management entities, in5 cluding representatives of the Calexico New River 

6 Committee, the California-Mexico Border Relations 

7 Council, the New River Improvement Project Tech8 nical Advisory Committee, the Federal Government, 

9 State and local governments, and regional and non10 profit organizations, to carry out water quality res11 toration and protection activities relating to the New 

12 River; 

13 (2) carry out activities that— 

14 (A) develop, using monitoring, data collec15 tion, and assessment, a shared set of science16 based water quality restoration and protection 

17 activities identified in accordance with para18 graph (1); 

19 (B) support the implementation of a 

20 shared set of science-based water quality res21 toration and protection activities identified in 

22 accordance with paragraph (1), including water 

23 reuse projects, water recycling projects, and 

24 natural and green infrastructure projects; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
39 

•S 5075 IS

1 (C) target cost-effective projects with 

2 measurable results; and 

3 (D) maximize public health and water 

4 quality conservation outcomes; and 

5 (3) provide grants, agreements, and technical 

6 assistance in accordance with section 205. 

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

8 the Administrator shall consult, as appropriate, with— 

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

10 (A) the Secretary of the Interior; 

11 (B) the Secretary of Agriculture; 

12 (C) the Secretary of Homeland Security; 

13 (D) the Administrator of General Services; 

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

15 and Border Protection; 

16 (F) the Commissioner; 

17 (G) the Secretary of the Army, acting 

18 through the Chief of Engineers; 

19 (H) the Administrator of the National 

20 Oceanic and Atmospheric Administration; 

21 (I) the Director of the United States Fish 

22 and Wildlife Service; and 

23 (J) the head of any other applicable agen24 cy, as determined by the Administrator; 

25 (2) the Governor of California; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
40 

•S 5075 IS

1 (3) the California Environmental Protection 

2 Agency; 

3 (4) the California State Water Resources Con4 trol Board; 

5 (5) the California Department of Water Re6 sources; 

7 (6) the Colorado River Basin Regional Water 

8 Quality Control Board; 

9 (7) the Imperial Irrigation District; 

10 (8) the Salton Sea Authority; 

11 (9) other public agencies and organizations with 

12 authority for the planning and implementation of 

13 conservation strategies relating to the New River in 

14 the United States and Mexico, as determined by the 

15 Administrator; and 

16 (10) representatives of the North American De17 velopment Bank. 

18 (d) COOPERATIVE AGREEMENTS AND MEMORANDA

19 OF UNDERSTANDING.— 

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

21 this title, the Administrator may enter into coopera22 tive agreements and memoranda of understanding 

23 with— 

24 (A) the heads of other Federal agencies, 

25 States, State agencies, units of local governVerDate Sep 11 2014 04:28 Sep 21, 2024 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S5075.IS S5075

kjohnson on DSK7ZCZBW3PROD with $$_JOB
41 

•S 5075 IS

1 ment, regional governmental bodies, and private 

2 entities; and 

3 (B) in cooperation with the Secretary, the 

4 Government of Mexico. 

5 (2) USE OF AGREEMENTS.—The Administrator 

6 may enter into the cooperative agreements and 

7 memoranda of understanding described in paragraph 

8 (1)— 

9 (A) to carry out the activities described in 

10 this section, including studies, plans, construc11 tion, and completion of projects to improve the 

12 water quality of, environment of, and public 

13 health around the New River; and 

14 (B) to carry out a pilot project under 

15 which the Administrator shall, for projects se16 lected by the Administrator that would other17 wise not be successful in improving the water 

18 quality of, environment of, and public health of 

19 people residing in areas surrounding the New 

20 River— 

21 (i) identify the parties responsible for 

22 the projects; and 

23 (ii) provide funds to those parties for 

24 the operations and maintenance of the 

25 projects. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
42 

•S 5075 IS

1 (3) TERM.—The cooperative agreements and 

2 memoranda of understanding described in paragraph 

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

4 determined by the Administrator. 

5 (4) FINANCIAL ARRANGEMENTS.— 

6 (A) IN GENERAL.—If the Administrator 

7 enters into a cooperative agreement or memo8 randum of understanding described in para9 graph (1), the Administrator may require the 

10 other party to the agreement or memorandum 

11 to provide payment to the Administrator. 

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

13 payment under subparagraph (A) shall be de14 posited into the State and Tribal Assistance 

15 Grants account of the Environmental Protec16 tion Agency and shall remain available, without 

17 further appropriation, to carry out the purposes 

18 of this title. 

19 (5) PERSONNEL; SERVICES; TECHNICAL ASSIST20 ANCE.—The Administrator may provide or accept 

21 personnel, services, and technical assistance pursu22 ant to a cooperative agreement or memorandum of 

23 understanding described in paragraph (1), with or 

24 without reimbursement, for the purposes of carrying 

25 out the agreement or memorandum. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
43 

•S 5075 IS

1 SEC. 204. WATER QUALITY ACTION PLAN. 

2 (a) DEVELOPMENT.— 

3 (1) IN GENERAL.—The Administrator, in con4 sultation with the entities described in section 

5 203(c), shall develop an action plan for the purpose 

6 of improving and protecting the water quality of the 

7 New River watershed. 

8 (2) REQUIREMENTS.—The action plan under 

9 paragraph (1) shall— 

10 (A) build on and incorporate any existing 

11 efforts and plans to improve and protect the 

12 water quality of the New River, whether ongo13 ing or completed; and 

14 (B) include— 

15 (i) such features as are needed to im16 prove and protect the quality of waste17 water, stormwater runoff, and other un18 treated flows; 

19 (ii) criteria for selecting— 

20 (I) water quality restoration and 

21 protection projects; and 

22 (II) projects on the priority list 

23 under subsection (c)(1); 

24 (iii) the amounts necessary for the op25 erations and maintenance of infrastructure 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
44 

•S 5075 IS

1 existing on and constructed after the date 

2 of enactment of this Act; and 

3 (iv) potential sources of funding to 

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

5 (3) OPERATIONS AND MAINTENANCE FUND6 ING.— 

7 (A) IN GENERAL.—In developing the ac8 tion plan under paragraph (1), the Adminis9 trator, working with the entities described in 

10 section 203(c), shall assess and identify poten11 tial alternative sources and approaches for fi12 nancing infrastructure projects, including fi13 nancing the operations and maintenance of 

14 those infrastructure projects. 

15 (B) REQUIREMENT.—In carrying out sub16 paragraph (A), the Administrator shall assess 

17 the approaches identified in the report of the 

18 Environmental Financial Advisory Board enti19 tled ‘‘Evaluating Stormwater Infrastructure 

20 Funding and Financing’’ and dated March 

21 2020. 

22 (b) ISSUANCE; UPDATES.—The Administrator 

23 shall— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
45 

•S 5075 IS

1 (1) not later than 1 year after the date of en2 actment of this Act, issue the action plan under sub3 section (a)(1); and 

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

5 action plan is issued under paragraph (1), update 

6 the action plan. 

7 (c) PRIORITY LIST.— 

8 (1) IN GENERAL.—The action plan under sub9 section (a)(1) shall include a priority list of potential 

10 or proposed water quality restoration and protection 

11 projects for the New River watershed that— 

12 (A) provides for the management of waste13 water or stormwater or the removal of debris, 

14 sediment, chemicals, bacteria, and other con15 taminants from the water flowing north into the 

16 United States; 

17 (B) estimates the costs and identifies the 

18 entities that will fund the construction, oper19 ation, and maintenance of each project on the 

20 priority list; 

21 (C) is developed in coordination with the 

22 entities described in section 203(c); 

23 (D) assists agencies to coordinate funding; 

24 and 

25 (E) identifies projects— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
46 

•S 5075 IS

1 (i) in the New River watershed; and 

2 (ii) that address transboundary flows 

3 that affect coastal communities in and 

4 near the New River watershed. 

5 (2) DEVELOPMENT.—In developing the priority 

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

7 (A) use the best available science, includ8 ing any relevant findings and recommendations 

9 of a watershed assessment conducted by Fed10 eral, State, and local agencies; 

11 (B) carry out and fund science develop12 ment, monitoring, or modeling as needed to in13 form project development and assessment; and 

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

15 or proposed water quality or stormwater 

16 projects for the restoration and protection of 

17 the New River that— 

18 (i) would help— 

19 (I) to achieve and maintain the 

20 water quality standards for— 

21 (aa) public health; 

22 (bb) recreational opportuni23 ties; 

24 (cc) scenic resources; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
47 

•S 5075 IS

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, INTERAGENCY AND OTHER AGREE12 MENTS, AND ASSISTANCE. 

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

14 of the program as described in section 201(b) and imple15 ment priority projects identified under section 204(c), the 

16 Administrator may— 

17 (1) provide grants and technical assistance to 

18 the Commissioner, State and local governments, 

19 Tribal governments, the North American Develop20 ment Bank, entities described in section 203(c)(9), 

21 nonprofit organizations, and institutions of higher 

22 education, in both the United States and Mexico; 

23 and 

24 (2) enter into interagency agreements with 

25 other Federal agencies. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
48 

•S 5075 IS

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

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

3 criteria for providing grants and technical assistance and 

4 entering into interagency agreements under subsection (a) 

5 to ensure that activities carried out under an interagency 

6 agreement or using those grants or technical assistance— 

7 (1) accomplish 1 or more of the purposes iden8 tified in section 201(b); and 

9 (2) advance the implementation of priority 

10 projects identified under section 204(c). 

11 (c) COST SHARING.—The Administrator may estab12 lish a Federal share requirement for any project carried 

13 out using any assistance provided under this section on 

14 an individual project basis. 

15 (d) ADMINISTRATION.— 

16 (1) IN GENERAL.—The Administrator may 

17 enter into an agreement to manage the implementa18 tion of this section with the North American Devel19 opment Bank or a similar organization that offers 

20 grant management services. 

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

22 an agreement under paragraph (1), the organization 

23 selected shall— 

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

25 carry out this section in an advance payment of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
49 

•S 5075 IS

1 the entire amount on the date of enactment of 

2 an appropriations Act making appropriations to 

3 the Administrator for a fiscal year, or as soon 

4 as practicable thereafter; and 

5 (B) otherwise administer the implementa6 tion of this section to support partnerships be7 tween the public and private sectors in accord8 ance with this title. 

9 (e) CONSTRUCTION, OPERATION, AND MAINTE10 NANCE.—The Commissioner may construct, operate, and 

11 maintain any project carried out using funds made avail12 able to carry out this section. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) IN GENERAL.—There is authorized to be 

15 appropriated to the Administrator to carry out this 

16 section $50,000,000 for each of fiscal years 2025 

17 through 2035, to remain available until expended. 

18 (2) SET ASIDE.—Of amounts made available to 

19 carry out this section, the Administrator may use 

20 not more than 5 percent for grants under this sec21 tion for salaries, expenses, and administration. 

22 (3) TRANSFER.—The Administrator may trans23 fer amounts made available under this subsection to 

24 the Commissioner as the Administrator determines 

25 necessary to carry out this section. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
50 

•S 5075 IS

1 SEC. 206. ANNUAL BUDGET PLAN. 

2 The President, as part of the annual budget submis3 sion of the President to Congress under section 1105(a) 

4 of title 31, United States Code, shall submit estimated ex5 penditures and proposed appropriations for projects under 

6 this title, including administrative needs and expenses, for 

7 the current year, budget year, and 5 outyears (as those 

8 terms are defined in section 250(c) of the Balanced Budg9 et and Emergency Deficit Control Act of 1985 (2 U.S.C. 

10 900(c)), including for projects included in the priority list 

11 under section 204(c), for each Federal agency described 

12 in section 203(c)(1). 

13 SEC. 207. REPORTS. 

14 Not later than 1 year after the date of enactment 

15 of this Act, and every 2 years thereafter, the Adminis16 trator shall submit to Congress a report on the implemen17 tation of this title, including— 

18 (1) a description of— 

19 (A) each project that has received funding 

20 pursuant to this title; and 

21 (B) the status of all projects that have re22 ceived funding pursuant to this title that are in 

23 progress on the date of submission of the re24 port; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
51 

•S 5075 IS

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 III—BORDER WATER IN5 FRASTRUCTURE IMPROVE6 MENT 

7 SEC. 301. UNITED STATES-MEXICO BORDER WATER INFRA8 STRUCTURE PROGRAM. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti11 ty’’ means the United States Section of the Inter12 national Boundary and Water Commission, a State, 

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

14 wastewater district with jurisdiction over any area in 

15 the United States or Mexico that is located within 

16 100 kilometers of the United States-Mexico border. 

17 (2) ELIGIBLE PROJECT.— 

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

19 project’’ means a project for the construction of 

20 infrastructure for drinking water treatment or 

21 distribution, wastewater management, or 

22 stormwater management, including natural and 

23 green infrastructure and infrastructure for 

24 water reuse and water recycling, that— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
52 

•S 5075 IS

1 (i) addresses an existing human 

2 health or ecological issue; 

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

4 (iii) with respect to wastewater man5 agement infrastructure the water dis6 charged from which will flow, directly or 

7 indirectly, into the United States, is de8 signed to meet, to the maximum extent 

9 practicable, all relevant water quality 

10 standards of the country in which the 

11 project is located, including, for projects 

12 located in the United States, any applica13 ble standards established under the Fed14 eral Water Pollution Control Act (33 

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

16 (iv) is proposed by an eligible entity 

17 with legal authority— 

18 (I) to develop the project; 

19 (II) to provide the proposed 

20 drinking water or wastewater services; 

21 and 

22 (III) to obtain necessary financ23 ing, including operations and mainte24 nance funding; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
53 

•S 5075 IS

1 (v) will comply with relevant State 

2 and local environmental and other laws 

3 (including regulations), including with re4 spect to— 

5 (I) obtaining any necessary oper6 ating permits and licenses; and 

7 (II) complying with any other 

8 regulatory requirements related to 

9 land acquisition and rights-of-way; 

10 and 

11 (vi) has the support of appropriate 

12 Mexican Federal and State agencies, in13 cluding the Comision Nacional del Agua 

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

15 Mexican National Water Commission) and 

16 any appropriate State or municipal water 

17 utility, if the project is located in Mexico. 

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

19 project’’ does not include a project— 

20 (i) for new water supply; 

21 (ii) that threatens an ecosystem lo22 cated in the United States, or that is lo23 cated in both the United States and Mex24 ico, if the project causes a reduction in the 

25 flow of water; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
54 

•S 5075 IS

1 (iii) to provide drinking water, waste2 water, or stormwater services to enable 

3 new development. 

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

5 the program established under subsection (b). 

6 (b) ESTABLISHMENT.—The Administrator shall 

7 carry out a program to provide financial assistance, tech8 nical assistance, or a combination of financial and tech9 nical assistance to eligible entities for activities related to 

10 eligible projects, including feasibility studies, planning 

11 studies, environmental assessments, financial analyses, 

12 community participation efforts, and architectural, engi13 neering, planning, design, construction, and operations 

14 and maintenance activities. 

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

16 the Administrator shall consult with the North American 

17 Development Bank. 

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

19 the Administrator shall coordinate with Federal, State, 

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

21 the Department of Homeland Security, the International 

22 Boundary and Water Commission, and relevant State 

23 agencies. 

24 (e) PROJECT SELECTION.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
55 

•S 5075 IS

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

2 which to provide assistance under the program, the 

3 Administrator shall select projects in accordance 

4 with— 

5 (A) paragraph (2); and 

6 (B) any other criteria determined appro7 priate by the Administrator. 

8 (2) PRIORITIZATION.—In carrying out para9 graph (1), the Administrator shall prioritize projects 

10 that— 

11 (A) are identified in an action plan under 

12 section 104(a)(1) or 204(a)(1); or 

13 (B)(i) are likely to have the greatest posi14 tive effects relating to the environment and 

15 public health; 

16 (ii) will result in benefits on the United 

17 States side of the United States-Mexico border; 

18 (iii) address the most urgent public health 

19 and environmental needs, as determined by the 

20 heads of the Regional offices for Regions 6 and 

21 9 of the Environmental Protection Agency; and 

22 (iv) maximize sustainable practices, such 

23 as water reuse and water recycling, natural and 

24 green infrastructure, water efficiency, and con25 servation. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
56 

•S 5075 IS

1 (f) TERMS AND CONDITIONS.—The Administrator 

2 may establish such terms and conditions on assistance 

3 provided under the program as the Administrator deter4 mines appropriate. 

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

6 a Federal share requirement for any project carried out 

7 using any assistance provided under this section on an in8 dividual project basis. 

9 TITLE IV—MISCELLANEOUS 

10 SEC. 401. ROLE OF THE COMMISSIONER AND INTER11 NATIONAL AGREEMENTS. 

12 (a) WASTEWATER AND STORMWATER AUTHORITY.— 

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

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

15 quality of wastewater, stormwater runoff, and other un16 treated flows in the Tijuana River watershed and the New 

17 River watershed. 

18 (b) TIJUANA AND NEW RIVER PROJECTS WITHIN

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

20 Commissioner, shall— 

21 (1) construct, operate, and maintain projects 

22 that— 

23 (A) are on a priority list developed under 

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

25 (B) are within the United States; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
57 

•S 5075 IS

1 (C) improve the water quality of the Ti2 juana River watershed or the New River water3 shed, as applicable; and 

4 (2) use available funds, including funds received 

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

6 the projects described in paragraph (1). 

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

8 acting through the Commissioner, may execute an agree9 ment with the appropriate official or officials of the Gov10 ernment of Mexico for— 

11 (1) the joint study and design of stormwater 

12 control and water quality projects; and 

13 (2) on approval of the necessary plans and 

14 specifications of the projects described in paragraph 

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

16 those projects by the United States and Mexico, in 

17 accordance with the treaty relating to the utilization 

18 of the waters of the Colorado and Tijuana Rivers, 

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

20 Quitman, Texas, to the Gulf of Mexico, and supple21 mentary protocol, signed at Washington February 3, 

22 1944 (59 Stat. 1219), between the United States 

23 and Mexico. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
58 

•S 5075 IS

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

2 within Mexico shall be eligible for funding under a pro3 gram established under title I, II, or III if the project is— 

4 (1) identified under and consistent with an ac5 tion plan under section 104(a)(1) or 204(a)(1); and 

6 (2) approved by the Administrator. 

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

8 limits the authority of the International Boundary and 

9 Water Commission under this Act or any other provision 

10 of law. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB