I 

117TH CONGRESS 

1ST SESSION H. R. 1663 

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

New River, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2021 

Mr. VARGAS (for himself, Mr. LEVIN of California, Mr. PETERS, Ms. JACOBS

of California, Mr. ISSA, and Mr. RUIZ) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Natural Resources, Foreign Affairs, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

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 2021’’. 

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

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY 

RESTORATION 

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. 


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

2 applicable, the Federal, State, and local governments 

3 of Mexico. 

4 (4) 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 (5) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of State. 

11 (6) 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 (7) 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. 


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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 


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

4 opportunities of the Tijuana River are degraded; 

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

6 of an environmental crisis, as stormwater flows from 

7 the upper watershed, originating in Tijuana, Mexico, 

8 carrying pollutants such as bacteria, trash, and sedi9 ment that severely affect water quality; 

10 (7) coastal communities in and near the Ti11 juana River watershed are also affected, during cer12 tain tidal events, by a combination of treated waste13 water and chlorinated-only wastewater discharged 

14 from the San Antonio de los Buenos wastewater 

15 treatment plant located 5 miles south of the United 

16 States-Mexico border in Tijuana; 

17 (8) as reported by the Government Account18 ability Office in February 2020, transboundary flows 

19 of untreated sewage, combined with unmanaged 

20 stormwater, bring bacteria and other contaminants 

21 into the Tijuana River Valley watershed and beaches 

22 in the United States; 

23 (9) sediment flows into the Tijuana River Na24 tional Wildlife Refuge and blocks the flow of ocean 


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1 water and creating an imbalance in water salinity, 

2 necessary for marsh plants, fish, and birds; 

3 (10) the City of Imperial Beach has closed 

beach access 1 4 ⁄3 of each year for several years before 

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

6 human health; 

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

8 pollution from Mexico jeopardize the health of Bor9 der Patrol agents and limiting the ability of those 

10 agents to operate in areas affected by these flows; 

11 (12) in the 2 years before the date of enact12 ment of this Act, local Border Patrol union officials 

13 have reported that over 100 officers have suffered 

14 from contamination, rashes, infections, chemical 

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

16 flows; 

17 (13) 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 


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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 (14) 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 (15) 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 (16) the International Boundary and Water 

24 Commission has negotiated 8 minutes to resolve 


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1 water quality problems in the Tijuana River, among 

2 other subjects; 

3 (17) 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 (18) 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 (19) in February 2017, 1 of the main sewer col14 lectors of Tijuana broke, sending an estimated 

15 143,000,000 gallons of raw sewage into the United 

16 States, which was not the only time such a break oc17 curred; 

18 (20) from February to July of 2019, an esti19 mated 4,500,000,000 gallons of wastewater, treated 

20 water, and stormwater flowed from Mexico to the 

21 United States; 

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

23 collector breaks, resulting in a total discharge of raw 

24 sewage of almost 2,000,000 gallons; 


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1 (22) a 2019 study entitled ‘‘Tijuana River Di2 version Study: Flow Estimates, Infrastructure Diag3 nostic, and Alternatives Development’’ estimated 

4 that from 2009 through 2016, transboundary flows 

5 occurred on average 138 days each year; 

6 (23) those transboundary flows contain treated 

7 wastewater, raw sewage, and urban runoff, with 

8 most of those flows associated with wet weather and 

9 stormwater; 

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

11 (A) found that improving the operational 

12 reliability of the existing diversion system of the 

13 South Bay could reduce the number of days 

14 that transboundary flows occurred; but 

15 (B) estimated that there would still be on 

16 average 90 days of transboundary flows each 

17 year; 

18 (25) the Federal Water Pollution Control Act 

19 (33 U.S.C. 1251 et seq.) has established a 

20 stormwater permit program under the National Pol21 lutant Discharge Elimination System, under which 

22 municipalities have the responsibility to manage and 

23 treat stormwater; 

24 (26) because of the international border and 

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1 charges in Mexico to the Tijuana River are not 

2 treated to the same standards as the standards to 

3 which discharges would be treated in the United 

4 States; 

5 (27) the International Boundary and Water 

6 Commission negotiated Minute 320 to find solutions 

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

8 River; 

9 (28) the United States has— 

10 (A) invested at least $250,000,000 for sec11 ondary wastewater treatment in the Tijuana 

12 River Valley by the International Boundary and 

13 Water Commission; and 

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

15 maintain the plant in fiscal year 2018; 

16 (29) the United States has also helped fund 

17 water and wastewater infrastructure along the bor18 der through the Border Water Infrastructure Pro19 gram and the North American Development Bank; 

20 (30) however, as the Government Accountability 

21 Office found in the report described in paragraph 

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

23 problems associated with transboundary stormwater 

24 flows continue, while the International Boundary 

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1 solve existing problems by proposing and analyzing 

2 alternatives, analyzing costs, identifying solutions, or 

3 establishing time frames; and 

4 (31) significant additional investment from 

5 Federal, State, local, and Mexican resources is need6 ed to improve the water quality of the Tijuana River 

7 watershed. 

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

9 (1) to establish a program to plan and imple10 ment water quality restoration and protection activi11 ties; 

12 (2) to ensure the coordination of restoration 

13 and protection activities among Mexican, Federal, 

14 State, local, and regional entities and conservation 

15 partners relating to water quality and stormwater 

16 management in the Mexican Tijuana River water17 shed and the American Tijuana River watershed; 

18 and 

19 (3) to provide funding for water quality restora20 tion and protection activities in the Mexican Tijuana 

21 River watershed and the American Tijuana River 

22 watershed. 

23 SEC. 102. DEFINITIONS. 

24 In this title: 


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1 (1) AMERICAN TIJUANA RIVER WATERSHED.— 

2 The term ‘‘American Tijuana River watershed’’ 

3 means the portion of the Tijuana River watershed 

4 that lies in the United States. 

5 (2) MEXICAN TIJUANA RIVER WATERSHED.— 

6 The term ‘‘Mexican Tijuana River watershed’’ 

7 means the portion of the Tijuana River watershed 

8 that lies in Mexico. 

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

10 the Tijuana River Public Health and Water Quality 

11 Restoration Program established under section 

12 103(a). 

13 (4) WATER QUALITY RESTORATION AND PRO14 TECTION.—The term ‘‘water quality restoration and 

15 protection’’, with respect to the Tijuana River water16 shed, means— 

17 (A) the enhancement of water quality and 

18 stormwater management; and 

19 (B) the use of natural and green infra20 structure to enhance the ability of the water21 shed to capture pollutants and reduce runoff to 

22 prevent flooding. 


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1 SEC. 103. TIJUANA RIVER PUBLIC HEALTH AND WATER 

2 QUALITY RESTORATION PROGRAM. 

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

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

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

6 Public Health and Water Quality Restoration Program’’. 

7 (b) DUTIES.—In carrying out the program, the Ad8 ministrator shall— 

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

10 the Tijuana River and work in consultation with ap11 plicable management entities, including representa12 tives of the Federal Government, State and local 

13 governments, and regional and nonprofit organiza14 tions, to carry out public health and water quality 

15 restoration and protection activities relating to the 

16 Tijuana River; 

17 (2) carry out activities that— 

18 (A) develop, using monitoring, data collec19 tion, and assessment, a shared set of science20 based water quality restoration and protection 

21 activities identified in accordance with para22 graph (1); 

23 (B) support the implementation of a 

24 shared set of science-based water quality res25 toration and protection activities identified in 

26 accordance with paragraph (1), including water 


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1 reuse projects, water recycling projects, and 

2 natural and green infrastructure projects; 

3 (C) target cost-effective projects with 

4 measurable results; and 

5 (D) maximize public health and water 

6 quality conservation outcomes; 

7 (3) coordinate the development of consistent 

8 Federal policies, strategies, projects, and priorities 

9 for addressing the public health and water quality 

10 restoration and protection of the Tijuana River; 

11 (4) coordinate a funding strategy among avail12 able funding sources in the region; and 

13 (5) provide grants, agreements, and technical 

14 assistance in accordance with section 105. 

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

16 the Administrator shall consult, as appropriate, with— 

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

18 (A) the Secretary; 

19 (B) the Commissioner; 

20 (C) the Secretary of Agriculture; 

21 (D) the Secretary of Homeland Security; 

22 (E) the Administrator of General Services; 

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

24 and Border Protection; 

25 (G) the Secretary of the Interior; 


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1 (H) the Secretary of the Army, acting 

2 through the Chief of Engineers; 

3 (I) the Administrator of the National Oce4 anic and Atmospheric Administration; 

5 (J) the Director of the United States Fish 

6 and Wildlife Service; and 

7 (K) the head of any other applicable agen8 cy, as determined by the Administrator; 

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

10 (A) the Governor of California; 

11 (B) the California Environmental Protec12 tion Agency; 

13 (C) the California State Water Resources 

14 Control Board; 

15 (D) the California Department of Water 

16 Resources; and 

17 (E) the San Diego Regional Water Quality 

18 Control Board; 

19 (3) 2 representatives of affected units of local 

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

21 cycle by the Governor of California, including rep22 resentatives from the City of Imperial Beach, the 

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

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

25 of San Diego; 


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1 (4) 2 representatives of relevant nonprofit 

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

3 Governor of California; 

4 (5) other public agencies and organizations with 

5 authority for the planning and implementation of 

6 conservation strategies relating to the Tijuana River 

7 in the United States and Mexico, as determined by 

8 the Administrator; and 

9 (6) representatives of the North American De10 velopment Bank. 

11 (d) COOPERATIVE AGREEMENTS AND MEMORANDA

12 OF UNDERSTANDING.— 

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

14 this title and to ensure effective coordination of Fed15 eral and non-Federal water quality restoration and 

16 protection activities, the Administrator shall use 

17 amounts made available for the border water infra18 structure program under section 301 and payments 

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

20 cooperative agreements and memoranda of under21 standing with, and provide technical assistance to— 

22 (A) the heads of other Federal agencies, 

23 States, State agencies, units of local govern24 ment, regional governmental bodies, and private 

25 entities; and 


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1 (B) in cooperation with the Secretary, the 

2 Government of Mexico. 

3 (2) USE OF AGREEMENTS.—The Administrator 

4 shall enter into the cooperative agreements and 

5 memoranda of understanding described in paragraph 

6 (1)— 

7 (A) to carry out the activities described in 

8 this section, including studies, plans, construc9 tion, and completion of projects to improve the 

10 water quality of, environment of, and public 

11 health around the Tijuana River; and 

12 (B) to carry out a pilot project under 

13 which the Administrator shall, for projects se14 lected by the Administrator that would other15 wise not be successful in improving the water 

16 quality of, environment of, and public health of 

17 people residing in areas surrounding the Ti18 juana River— 

19 (i) identify the parties responsible for 

20 the projects; and 

21 (ii) provide funds to those parties for 

22 the operations and maintenance of the 

23 projects. 

24 (3) TERM.—The cooperative agreements and 

25 memoranda of understanding described in paragraph 


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

2 determined by the Administrator. 

3 (4) FINANCIAL ARRANGEMENTS.— 

4 (A) IN GENERAL.—If the Administrator 

5 enters into a cooperative agreement or memo6 randum of understanding described in para7 graph (1), the Administrator may require the 

8 other party to the agreement or memorandum 

9 to provide payment to the Administrator. 

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

11 payment under subparagraph (A) shall be de12 posited into the State and Tribal Assistance 

13 Grants account of the Environmental Protec14 tion Agency and shall remain available, without 

15 further appropriation, to carry out the purposes 

16 of this title. 

17 (5) PERSONNEL; SERVICES; TECHNICAL ASSIST18 ANCE.—The Administrator may provide or accept 

19 personnel, services, and technical assistance pursu20 ant to a cooperative agreement or memorandum of 

21 understanding described in paragraph (1), with or 

22 without reimbursement, for the purposes of carrying 

23 out the agreement or memorandum. 

24 SEC. 104. WATER QUALITY PLAN. 

25 (a) DEVELOPMENT.— 


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1 (1) IN GENERAL.—The Administrator, in con2 sultation with the entities described in section 

3 103(c), shall develop a plan for the purpose of im4 proving and protecting the water quality of the Ti5 juana River watershed. 

6 (2) REQUIREMENTS.—The plan under para7 graph (1) shall— 

8 (A) build on and incorporate any existing 

9 efforts and plans to improve and protect the 

10 water quality of the Tijuana River watershed, 

11 including ongoing and completed efforts and 

12 plans; and 

13 (B) include— 

14 (i) such features as are needed to im15 prove and protect the quality of waste16 water, stormwater runoff, and other un17 treated flows; 

18 (ii) criteria for selecting— 

19 (I) water quality restoration and 

20 protection projects; and 

21 (II) projects on the priority list 

22 under subsection (c)(1); 

23 (iii) the amounts necessary for the op24 erations and maintenance of infrastructure 


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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.—The Administrator, 

8 working with the entities described in section 

9 103(c), shall assess and identify potential alter10 native sources and approaches for financing in11 frastructure projects, including financing the 

12 operations and maintenance of those infrastruc13 ture projects. 

14 (B) REQUIREMENT.—In carrying out sub15 paragraph (A), the Administrator shall assess 

16 the approaches identified in the report of the 

17 Environmental Financial Advisory Board enti18 tled ‘‘Evaluating Stormwater Infrastructure 

19 Funding and Financing’’ and dated March 

20 2020. 

21 (b) ISSUANCE; UPDATES.—The Administrator 

22 shall— 

23 (1) not later than 1 year after the date of en24 actment of this Act, issue the plan under subsection 

25 (a)(1); and 


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

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

3 (c) PRIORITY LIST.— 

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

5 (a)(1) shall include a priority list of potential or pro6 posed water quality restoration and protection 

7 projects for the Tijuana River watershed that— 

8 (A) provides for the management of waste9 water or stormwater or the removal of debris, 

10 sediment, chemicals, bacteria, and other con11 taminants from the water flowing north into the 

12 United States; 

13 (B) estimates the costs and identifies the 

14 entities that will fund the construction, oper15 ation, and maintenance of each project on the 

16 priority list; 

17 (C) is developed in coordination with the 

18 entities described in section 103(c); 

19 (D) assists agencies to coordinate funding; 

20 and 

21 (E) identifies projects— 

22 (i) in the Mexican Tijuana River wa23 tershed; 

24 (ii) in the American Tijuana River 

25 watershed; and 


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1 (iii) that address transboundary flows 

2 that affect coastal communities in and 

3 near the Tijuana River watershed. 

4 (2) DEVELOPMENT.—In developing the priority 

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

6 (A) use the best available science, includ7 ing any relevant findings and recommendations 

8 of a watershed assessment conducted by Fed9 eral, State, and local agencies; 

10 (B) carry out and fund science develop11 ment, monitoring, or modeling as needed to in12 form project development and assessment; and 

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

14 or proposed water quality or stormwater 

15 projects for the restoration and protection of 

16 the Tijuana River that— 

17 (i) would help— 

18 (I) to achieve and maintain the 

19 water quality standards for— 

20 (aa) public health; 

21 (bb) recreational opportuni22 ties; 

23 (cc) scenic resources; and 

24 (dd) wildlife and habitat; 

25 and 


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1 (II) to address water needs in the 

2 Tijuana River watershed, including 

3 through water reuse and water recy4 cling; and 

5 (ii) would identify responsible agencies 

6 and funding sources through coordinated 

7 efforts by the entities described in section 

8 103(c). 

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

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

11 of the program as described in section 101(b), the Admin12 istrator may— 

13 (1) provide grants and technical assistance to 

14 the Commissioner, State and local governments, 

15 nonprofit organizations, and institutions of higher 

16 education, in both the United States and Mexico; 

17 and 

18 (2) enter into interagency agreements with 

19 other Federal agencies. 

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

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

22 criteria for providing grants and technical assistance and 

23 entering into interagency agreements under subsection (a) 

24 to ensure that activities carried out under an interagency 

25 agreement or using those grants or technical assistance— 


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1 (1) accomplish 1 or more of the purposes iden2 tified in section 101(b); and 

3 (2) advance the implementation of priority 

4 projects identified under section 104(c). 

5 (c) COST SHARING.—The Administrator may estab6 lish a Federal share requirement for any project carried 

7 out using any assistance proved under this section on an 

8 individual project basis. 

9 (d) ADMINISTRATION.— 

10 (1) IN GENERAL.—The Administrator may 

11 enter into an agreement to manage the implementa12 tion of this section with the North American Devel13 opment Bank or a similar organization that offers 

14 grant management services. 

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

16 an agreement under paragraph (1), the organization 

17 selected shall— 

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

19 carry out this section in an advance payment of 

20 the entire amount on the date of enactment of 

21 an appropriations Act making appropriations to 

22 the Administrator for a fiscal year, or as soon 

23 as practicable thereafter; and 

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1 tween the public and private sectors in accord2 ance with this title. 

3 (e) CONSTRUCTION, OPERATION, AND MAINTE4 NANCE.—The Commissioner may construct, operate, and 

5 maintain any project carried out using funds made avail6 able to carry out this section. 

7 SEC. 106. ANNUAL BUDGET PLAN. 

8 The President, as part of the annual budget submis9 sion of the President to Congress under section 1105(a) 

10 of title 31, United States Code, shall submit estimated ex11 penditures and proposed appropriations for projects under 

12 this title for the current year, the budget year, and 5 out13 years (as those terms are defined in section 250(c) of the 

14 Balanced Budget and Emergency Deficit Control Act of 

15 1985 (2 U.S.C. 900(c))), including for projects included 

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

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

18 SEC. 107. REPORTS. 

19 Not later than 180 days after the date of enactment 

20 of this Act, and every 2 years thereafter, the Adminis21 trator shall submit to Congress a report on the implemen22 tation of this title, including— 

23 (1) a description of— 

24 (A) each project that has received funding 

25 pursuant to this title; and 


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1 (B) the status of all projects that have re2 ceived funding pursuant to this title that are in 

3 progress on the date of submission of the re4 port; and 

5 (2) an assessment of the effectiveness of the op6 eration and maintenance of each project that has 

7 been carried out pursuant to this title. 

8 TITLE II—NEW RIVER PUBLIC 

9 HEALTH AND WATER QUAL10 ITY RESTORATION 

11 SEC. 201. FINDINGS; PURPOSE. 

12 (a) FINDINGS.—Congress finds that— 

13 (1) the New River was born out of— 

14 (A) occasional flows of the Colorado River 

15 into the Salton Sink; and 

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

17 which formed the deep river canyon between 

18 1905 and 1907; 

19 (2) the New River— 

20 (A) starts in Mexicali, Mexico; 

21 (B) flows north into the United States 

22 through Calexico; 

23 (C) passes through the Imperial Valley; 

24 and 


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1 (D) drains into the Salton Sea approxi2 mately 66 miles north of the international 

3 boundary; 

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

5 approximately 750 square miles, of which 63 percent 

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

7 (4) the New River has been widely recognized 

8 for significant water pollution problems, primarily 

9 because of agricultural runoff, raw sewage, pes10 ticides, and discharges of wastes from domestic, ag11 ricultural, and industrial sources in Mexico and the 

12 Imperial Valley; 

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

14 reputation of being 1 of the most polluted rivers in 

15 the United States, with many pollutants in the New 

16 River posing serious human health hazards to local 

17 populations, particularly in Calexico and Mexicali; 

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

19 Boundary and Water Commission— 

20 (A) established a sanitation strategy for 

21 the water quality problems of the New River at 

22 the international border; and 

23 (B) divided sanitation projects into 2 im24 mediate repair projects, the Mexicali I and 

25 Mexicali II, that— 


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1 (i) totaled approximately 

2 $50,000,000; and 

3 (ii) were funded by both the United 

4 States and Mexico through the North 

5 American Development Bank; 

6 (7) in 1995, the Environmental Protection 

7 Agency provided funds to the California Regional 

8 Water Quality Control Board to monitor and docu9 ment the water quality at the international boundary 

10 on a monthly basis; 

11 (8) in the late 1990s— 

12 (A) the United States and Mexico spent 

13 $100,000,000 (of which 45 percent was paid by 

14 Mexico and 55 percent was paid by the United 

15 States) to build the Las Arenitas and Zaragoza 

16 wastewater treatment plants; and 

17 (B) after the construction of those plants, 

18 untreated water from the New River was passed 

19 through 4 microbial treatment cells at the Las 

20 Arenitas wastewater treatment plant, which was 

21 then chlorinated and fed into a reforestation 

22 project along the desiccated Rio Hardy, which 

23 stretches to the Sea of Cortez; 

24 (9) a 10-year effort by community groups, law25 yers, regulatory agencies, and politicians addressed 


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

2 source by— 

3 (A) federally funding a new sewage treat4 ment plant in Mexicali; and 

5 (B) developing a site plan for the portion 

6 of the New River in the United States; 

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

8 the California-Mexico Border Relations Council— 

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

10 monitor, remediate, and enhance the water 

11 quality of the New River to protect human 

12 health; and 

13 (B) to develop a river parkway suitable for 

14 public use; 

15 (11) in 2012, the California-Mexico Border Re16 lations Council approved the strategic plan for the 

17 New River Improvement Project that was prepared 

18 by the New River Improvement Project Technical 

19 Advisory Committee; 

20 (12) in 2016, the New River Improvement 

21 Project Technical Advisory Committee revised the 

22 recommended infrastructure of the New River Im23 provement Project, and the State of California ap24 propriated $1,400,000 to provide grants or contracts 


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1 to carry out the necessary planning, design, environ2 mental review, and permitting work; 

3 (13) the revised New River Improvement 

4 Project includes the installation of a large trash 

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

6 pump station, and managed wetlands; and 

7 (14) the existing and ongoing voluntary con8 servation efforts at the New River necessitate im9 proved efficiency and cost effectiveness, increased 

10 private sector investments, and coordination of Fed11 eral and non-Federal resources. 

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

13 (1) coordinating water quality restoration and 

14 protection activities relating to the New River 

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

16 entities and conservation partners; and 

17 (2) carrying out coordinated restoration and 

18 protection activities relating to the New River and 

19 providing technical assistance for those activities— 

20 (A) to sustain and enhance fish and wild21 life habitat restoration and protection activities; 

22 (B) to improve and maintain water quality 

23 to support fish and wildlife, as well as the habi24 tats of fish and wildlife; 


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1 (C) to sustain and enhance water manage2 ment for volume and flood damage mitigation 

3 improvements to benefit fish and wildlife habi4 tat; 

5 (D) to improve opportunities for public ac6 cess to, and recreation in and along, the New 

7 River consistent with the ecological needs of 

8 fish and wildlife habitat; 

9 (E) to maximize the resilience of natural 

10 systems and habitats under changing watershed 

11 conditions; 

12 (F) to engage the public through outreach, 

13 education, and citizen involvement to increase 

14 capacity and support for coordinated water 

15 quality restoration and protection activities re16 lating to the New River; 

17 (G) to increase scientific capacity to sup18 port the planning, monitoring, and research ac19 tivities necessary to carry out coordinated water 

20 quality restoration and protection activities re21 lating to the New River; and 

22 (H) to provide technical assistance to carry 

23 out water quality restoration and protection ac24 tivities relating to the New River. 


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1 SEC. 202. DEFINITIONS. 

2 In this title: 

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

4 the California New River Public Health and Water 

5 Quality Restoration Program established under sec6 tion 203(a). 

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

9 protection’’, with respect to the New 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. 203. CALIFORNIA NEW RIVER PUBLIC HEALTH AND 

18 WATER 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 ‘‘California New 

22 River Public Health and Water Quality Restoration Pro23 gram’’. 

24 (b) DUTIES.—In carrying out the program, the Ad25 ministrator shall— 


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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; 


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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; 


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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 and to ensure effective coordination of Fed22 eral and non-Federal water quality restoration and 

23 protection activities, the Administrator shall use 

24 amounts made available for the border water infra25 structure program under section 301 and payments 


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

2 cooperative agreements and memoranda of under3 standing with, and provide technical assistance to— 

4 (A) the heads of other Federal agencies, 

5 States, State agencies, units of local govern6 ment, regional governmental bodies, and private 

7 entities; and 

8 (B) in cooperation with the Secretary, the 

9 Government of Mexico. 

10 (2) USE OF AGREEMENTS.—The Administrator 

11 shall enter into the cooperative agreements and 

12 memoranda of understanding described in paragraph 

13 (1)— 

14 (A) to carry out the activities described in 

15 this section, including studies, plans, construc16 tion, and completion of projects to improve the 

17 water quality of, environment of, and public 

18 health around the New River; and 

19 (B) to carry out a pilot project under 

20 which the Administrator shall, for projects se21 lected by the Administrator that would other22 wise not be successful in improving the water 

23 quality of, environment of, and public health of 

24 people residing in areas surrounding the New 

25 River— 


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1 (i) identify the parties responsible for 

2 the projects; and 

3 (ii) provide funds to those parties for 

4 the operations and maintenance of the 

5 projects. 

6 (3) TERM.—The cooperative agreements and 

7 memoranda of understanding described in paragraph 

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

9 determined by the Administrator. 

10 (4) FINANCIAL ARRANGEMENTS.— 

11 (A) IN GENERAL.—If the Administrator 

12 enters into a cooperative agreement or memo13 randum of understanding described in para14 graph (1), the Administrator may require the 

15 other party to the agreement or memorandum 

16 to provide payment to the Administrator. 

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

18 payment under subparagraph (A) shall be de19 posited into the State and Tribal Assistance 

20 Grants account of the Environmental Protec21 tion Agency and shall remain available, without 

22 further appropriation, to carry out the purposes 

23 of this title. 

24 (5) PERSONNEL; SERVICES; TECHNICAL ASSIST25 ANCE.—The Administrator may provide or accept 


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1 personnel, services, and technical assistance pursu2 ant to a cooperative agreement or memorandum of 

3 understanding described in paragraph (1), with or 

4 without reimbursement, for the purposes of carrying 

5 out the agreement or memorandum. 

6 SEC. 204. WATER QUALITY PLAN. 

7 (a) DEVELOPMENT.— 

8 (1) IN GENERAL.—The Administrator, in con9 sultation with the entities described in section 

10 203(c), shall develop a plan for the purpose of im11 proving and protecting the water quality of the New 

12 River watershed. 

13 (2) REQUIREMENTS.—The plan under para14 graph (1) shall— 

15 (A) build on and incorporate any existing 

16 efforts and plans to improve and protect the 

17 water quality of the New River, whether ongo18 ing or completed; and 

19 (B) include— 

20 (i) such features as are needed to im21 prove and protect the quality of waste22 water, stormwater runoff, and other un23 treated flows; 

24 (ii) criteria for selecting— 


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1 (I) water quality restoration and 

2 protection projects; and 

3 (II) projects on the priority list 

4 under subsection (c)(1); 

5 (iii) the amounts necessary for the op6 erations and maintenance of infrastructure 

7 existing on and constructed after the date 

8 of enactment of this Act; and 

9 (iv) potential sources of funding to 

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

11 (3) OPERATIONS AND MAINTENANCE FUND12 ING.— 

13 (A) IN GENERAL.—The Administrator, 

14 working with the entities described in section 

15 203(c), shall assess and identify potential alter16 native sources and approaches for financing in17 frastructure projects, including financing the 

18 operations and maintenance of those infrastruc19 ture projects. 

20 (B) REQUIREMENT.—In carrying out sub21 paragraph (A), the Administrator shall assess 

22 the approaches identified in the report of the 

23 Environmental Financial Advisory Board enti24 tled ‘‘Evaluating Stormwater Infrastructure 


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1 Funding and Financing’’ and dated March 

2 2020. 

3 (b) ISSUANCE; UPDATES.—The Administrator 

4 shall— 

5 (1) not later than 1 year after the date of en6 actment of this Act, issue the plan under subsection 

7 (a)(1); and 

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

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

10 (c) PRIORITY LIST.— 

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

12 (a)(1) shall include a priority list of potential or pro13 posed water quality restoration and protection 

14 projects for the New River watershed that— 

15 (A) provides for the management of waste16 water or stormwater or the removal of debris, 

17 sediment, chemicals, bacteria, and other con18 taminants from the water flowing north into the 

19 United States; 

20 (B) estimates the costs and identifies the 

21 entities that will fund the construction, oper22 ation, and maintenance of each project on the 

23 priority list; 

24 (C) is developed in coordination with the 

25 entities described in section 203(c); 


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1 (D) assists agencies to coordinate funding; 

2 and 

3 (E) identifies projects— 

4 (i) in the New River watershed; and 

5 (ii) that address transboundary flows 

6 that affect coastal communities in and 

7 near the New River watershed. 

8 (2) DEVELOPMENT.—In developing the priority 

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

10 (A) use the best available science, includ11 ing any relevant findings and recommendations 

12 of a watershed assessment conducted by Fed13 eral, State, and local agencies; 

14 (B) carry out and fund science develop15 ment, monitoring, or modeling as needed to in16 form project development and assessment; and 

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

18 or proposed water quality or stormwater 

19 projects for the restoration and protection of 

20 the New River that— 

21 (i) would help— 

22 (I) to achieve and maintain the 

23 water quality standards for— 

24 (aa) public health; 


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1 (bb) recreational opportuni2 ties; 

3 (cc) scenic resources; and 

4 (dd) wildlife and habitat; 

5 and 

6 (II) to address water needs in the 

7 New River watershed, including 

8 through water reuse and water recy9 cling; and 

10 (ii) would identify responsible agencies 

11 and funding sources through coordinated 

12 efforts by the entities described in section 

13 203(c). 

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

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

16 of the program as described in section 201(b), the Admin17 istrator may— 

18 (1) provide grants and technical assistance to 

19 the Commissioner, State and local governments, 

20 nonprofit organizations, and institutions of higher 

21 education, in both the United States and Mexico; 

22 and 

23 (2) enter into interagency agreements with 

24 other Federal agencies. 


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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 proved under this section on an 

14 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 


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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 SEC. 206. ANNUAL BUDGET PLAN. 

14 The President, as part of the annual budget submis15 sion of the President to Congress under section 1105(a) 

16 of title 31, United States Code, shall submit estimated ex17 penditures and proposed appropriations for projects under 

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

19 (as those terms are defined in section 250(c) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985 

21 (2 U.S.C. 900(c))), including for projects included in the 

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

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


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1 SEC. 207. REPORTS. 

2 Not later than 180 days after the date of enactment 

3 of this Act, and every 2 years thereafter, the Adminis4 trator shall submit to Congress a report on the implemen5 tation of this title, including— 

6 (1) a description of— 

7 (A) each project that has received funding 

8 pursuant to this title; and 

9 (B) the status of all projects that have re10 ceived funding pursuant to this title that are in 

11 progress on the date of submission of the re12 port; and 

13 (2) an assessment of the effectiveness of the op14 eration and maintenance of each project that has 

15 been carried out pursuant to this title. 

16 TITLE III—BORDER WATER IN17 FRASTRUCTURE IMPROVE18 MENT 

19 SEC. 301. UNITED STATES-MEXICO BORDER WATER INFRA20 STRUCTURE PROGRAM. 

21 (a) DEFINITIONS.—In this section: 

22 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti23 ty’’ means the United States Section of the Inter24 national Boundary and Water Commission, a State, 

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

26 wastewater district with jurisdiction over any area in 


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1 the United States or Mexico that is located within 

2 100 kilometers of the United States-Mexico border. 

3 (2) ELIGIBLE PROJECT.— 

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

5 project’’ means a project for the construction of 

6 infrastructure for drinking water treatment or 

7 distribution, wastewater management, or 

8 stormwater management, including natural and 

9 green infrastructure and infrastructure for 

10 water reuse and water recycling, that— 

11 (i) addresses an existing human 

12 health or ecological issue; 

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

14 (iii) with respect to wastewater man15 agement infrastructure the water dis16 charged from which will flow, directly or 

17 indirectly, into the United States, is de18 signed to meet, to the maximum extent 

19 practicable, all relevant water quality 

20 standards of the country in which the 

21 project is located, including, for projects 

22 located in the United States, any applica23 ble standards established under the Fed24 eral Water Pollution Control Act (33 

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


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1 (iv) is proposed by an eligible entity 

2 with legal authority— 

3 (I) to develop the project; 

4 (II) to provide the proposed 

5 drinking water or wastewater services; 

6 and 

7 (III) to obtain necessary financ8 ing, including operations and mainte9 nance funding; 

10 (v) will comply with relevant State 

11 and local environmental and other laws 

12 (including regulations), including with re13 spect to— 

14 (I) obtaining any necessary oper15 ating permits and licenses; and 

16 (II) complying with any other 

17 regulatory requirements related to 

18 land acquisition and rights-of-way; 

19 and 

20 (vi) has the support of appropriate 

21 Mexican Federal and State agencies, in22 cluding the Comision Nacional de Agua 

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

24 Mexican National Water Commission) and 


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1 any appropriate State or municipal water 

2 utility, if the project is located in Mexico. 

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

4 project’’ does not include a project— 

5 (i) for new water supply; 

6 (ii) that threatens an ecosystem lo7 cated in the United States, or that is lo8 cated in both the United States and Mex9 ico, if the project causes a reduction in the 

10 flow of water; or 

11 (iii) to provide drinking water, waste12 water, or stormwater services to enable 

13 new development. 

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

15 the program established under subsection (b). 

16 (b) ESTABLISHMENT.—The Administrator shall 

17 carry out a program to provide assistance to eligible enti18 ties for activities related to eligible projects, including fea19 sibility studies, planning studies, environmental assess20 ments, financial analyses, community participation efforts, 

21 and architectural, engineering, planning, design, construc22 tion, and operations and maintenance activities. 

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

24 the Administrator shall consult with the North American 

25 Development Bank. 


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

2 the Administrator shall coordinate with Federal, State, 

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

4 the Department of Homeland Security, the International 

5 Boundary and Water Commission, and relevant State 

6 agencies. 

7 (e) PROJECT SELECTION.— 

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

9 which to provide assistance under the program, the 

10 Administrator shall select projects in accordance 

11 with— 

12 (A) paragraph (2); and 

13 (B) any other criteria determined appro14 priate by the Administrator. 

15 (2) PRIORITIZATION.—In carrying out para16 graph (1), the Administrator shall prioritize projects 

17 that— 

18 (A) are identified in a plan developed pur19 suant to section 104 or 204; or 

20 (B)(i) are likely to have the greatest posi21 tive effects relating to the environment and 

22 public health; 

23 (ii) will result in benefits on the United 

24 States side of the United States-Mexico border; 


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1 (iii) address the most urgent public health 

2 and environmental needs, as determined by the 

3 heads of the Regional offices for Regions 6 and 

4 9 of the Environmental Protection Agency; and 

5 (iv) maximize sustainable practices, such 

6 as water reuse and water recycling, natural and 

7 green infrastructure, water efficiency, and con8 servation. 

9 (f) TERMS AND CONDITIONS.—The Administrator 

10 may establish such terms and conditions on assistance 

11 provided under the program as the Administrator deter12 mines appropriate. 

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

14 a Federal share requirement for any project carried out 

15 using any assistance proved under this section on an indi16 vidual project basis. 

17 (h) REGIONAL ALLOCATIONS.—The amounts made 

18 available to carry out this section shall be made available 

19 in equal amounts for use by the Regional offices for Re20 gions 6 and 9 of the Environmental Protection Agency. 

21 TITLE IV—MISCELLANEOUS 

22 SEC. 401. ROLE OF THE COMMISSIONER AND INTER23 NATIONAL AGREEMENTS. 

24 (a) WASTEWATER AND STORMWATER AUTHORITY.— 

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


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

2 quality of wastewater, stormwater runoff, and other un3 treated flows in the Tijuana River watershed and the New 

4 River watershed. 

5 (b) TIJUANA AND NEW RIVER PROJECTS WITHIN

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

7 Commissioner, shall— 

8 (1) construct, operate, and maintain projects 

9 that— 

10 (A) are on a priority list developed under 

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

12 (B) are within the United States; and 

13 (C) improve the water quality of the Ti14 juana River watershed or the New River water15 shed, as applicable; and 

16 (2) use available funds, including funds received 

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

18 the projects described in paragraph (1). 

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

20 acting through the Commissioner, may execute an agree21 ment with the appropriate official or officials of the Gov22 ernment of Mexico for— 

23 (1) the joint study and design of stormwater 

24 control and water quality projects; and 


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1 (2) on approval of the necessary plans and 

2 specifications of the projects described in paragraph 

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

4 those projects by the United States and Mexico, in 

5 accordance with the treaty relating to the utilization 

6 of the waters of the Colorado and Tijuana Rivers, 

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

8 Quitman, Texas, to the Gulf of Mexico, and supple9 mentary protocol, signed at Washington February 3, 

10 1944 (59 Stat. 1219), between the United States 

11 and Mexico. 

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

13 within Mexico shall be eligible for funding under the pro14 gram established under section 301(b) if the project is— 

15 (1) identified under and consistent with the re16 sults of the study under subsection (c)(1); and 

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

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

19 limits the authority of the International Boundary and 

20 Water Commission under this Act or any other provision 

21 of law. 

Æ 


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