II

103D CONGRESS

1ST SESSION S. 1363

To authorize the Administrator of the Environmental Protection Agency to

transfer funds to the Secretary of State and award grants, to provide

assistance to promote public health, the environment, and water quality

in the United States-Mexico border area, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 5 (legislative day, JUNE 30), 1993

Mr. DECONCINI introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To authorize the Administrator of the Environmental Protection Agency to transfer funds to the Secretary of State

and award grants, to provide assistance to promote public health, the environment, and water quality in the

United States-Mexico border area, 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.

4 This Act may be cited as the ‘‘Good Neighbor Envi5 ronmental Assistance Act of 1993’’.
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1 SEC. 2. PURPOSE.

2 The purpose of this Act is to protect the economy,

3 public health, environment, and water quality of the Unit4 ed States-Mexico border area that is endangered and is

5 being polluted by raw or partially treated sewage, effluent,

6 and other pollutants.

7 SEC. 3. DEFINITIONS.

8 As used in this Act:

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency.

12 (2) BORDER STATE.—The term ‘‘border State’’

13 means each of the following States:

14 (A) Arizona.

15 (B) California.

16 (C) New Mexico.

17 (D) Texas.

18 (3) COMMISSION.—The term ‘‘United States

19 Commissioner’’ means the United States Commis20 sioner of the International Boundary and Water

21 Commission.

22 (4) CONSTRUCTION.—The term ‘‘construction’’

23 has the meaning provided the term under section

24 212(1) of the Federal Water Pollution Control Act

25 (33 U.S.C. 1292(1)).
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1 (5) TREATMENT WORKS.—The term ‘‘treatment

2 works’’ has the meaning provided the term under

3 section 212(2) of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1292(2)).

5 SEC. 4. CONSTRUCTION ASSISTANCE.

6 (a) IN GENERAL.—On the approval by the Adminis7 trator of the necessary plans and specifications, the Ad8 ministrator is authorized—

9 (1) to transfer funds to—

10 (A) the Secretary of State, who shall

11 transfer the funds to the United States Com12 missioner for use by the head of the American

13 Section of the Commission; or

14 (B) the head of any other Federal agency;

15 and

16 (2) to make a grant to—

17 (A) an appropriate entity designated by

18 the President; or

19 (B) a border State designated by the

20 President,

21 to carry out the construction of an eligible project de22 scribed in subsection (b).

23 (b) ELIGIBLE PROJECT.—An eligible project de24 scribed in this subsection is a project for the construction

25 of—
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1 (1) a wastewater treatment works to protect

2 public health, the environment, and water quality

3 from pollution resulting from inadequacies or break4 downs in wastewater treatment works and water sys5 tem from Mexican wastewater affecting United

6 States waters or water/sewage systems; or

7 (2) a treatment works to provide treatment of

8 municipal sewage and industrial waste.

9 (c) REQUIREMENT FOR A GRANT FOR A CONSTRUC10 TION PROJECT IN MEXICO.—The Administrator may

11 make a grant for an eligible project described in sub12 section (b) in Mexico only if, after providing public notice

13 and opportunity for comment, the Administrator deter14 mines that the then existing treatment works located in

15 Mexico, in conjunction with any other then existing treat16 ment works or treatment works scheduled to be con17 structed, are not sufficient (or will not be sufficient) to

18 protect residents of border States from water pollution

19 originating in Mexico.

20 (d) OPERATION AND MAINTENANCE.—To carry out

21 the purpose referred to in section 2, the United States

22 Commissioner, the head of a Federal agency that receives

23 a transfer of funds pursuant to subsection (a), or the re24 cipient of a grant referred to in subsection (a) is author-
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1 ized to maintain an eligible project constructed pursuant

2 to this section.

3 (e) APPROVAL OF PLANS.—

4 (1) PLANS AND SPECIFICATIONS.—Each eligible

5 project that is funded by a transfer or a grant made

6 pursuant to subsection (a)(1) shall be constructed in

7 accordance with plans and specifications developed

8 by the head of the American Section of the Commis9 sion in consultation with the head of another Fed10 eral agency of the appropriate official of an entity or

11 border State designated by the President under sub12 section (a), in consultation with the appropriate offi13 cial of the affected border State. Such plans shall in14 clude construction cost estimates.

15 (2) APPROVAL BY THE ADMINISTRATOR.—As a

16 condition of carrying out the construction of an eli17 gible project referred in paragraph (1), the head of

18 the Federal agency or appropriate official of an en19 tity or border State shall submit the plans and speci20 fications referred to in paragraph (1) to the Admin21 istrator for approval.

22 (3) STANDARDS FOR CONSTRUCTION.—The Ad23 ministrator may approve a plan referred to in para24 graph (2) if the Administrator determines that the

25 eligible project that is the subject of the plan meets
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1 the standards that would apply to the treatment

2 works or other project if the treatment works or

3 other project were constructed under appropriate

4 standards under the law of the United States and

5 Mexico and under applicable treaties and inter6 national agreements.

7 (f) FEDERAL SHARE.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the Federal share of construction of an

10 eligible project that is the subject of a transfer or

11 grant under subsection (a) shall be 100 percent of

12 the cost of the eligible project.

13 (2) COSTS PAID BY THE GOVERNMENT OF MEX14 ICO.—If the Secretary of State or another appro15 priate official of the Federal Government enters into

16 an agreement with the Government of Mexico that

17 provides for cost-sharing for an eligible project that

18 is the subject of assistance provided pursuant to this

19 section, the Federal share of the cost of the project

20 shall be the amount specified in the agreement.

21 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated to the Envi23 ronmental Protection Agency to carry out this Act such

24 sums as may be necessary for fiscal year 1994, and for

25 each fiscal year thereafter.
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