II 

118TH CONGRESS 

1ST SESSION S. 128 

To provide for the assumption of full ownership and control of the International Outfall Interceptor in Nogales, Arizona, by the International 

Boundary and Water Commission, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2023 

Ms. SINEMA (for herself and Mr. KELLY) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To provide for the assumption of full ownership and control 

of the International Outfall Interceptor in Nogales, Arizona, by the International Boundary and Water Commission, 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 ‘‘Nogales Wastewater 

5 Improvement Act of 2023’’. 

6 SEC. 2. NOGALES WASTEWATER IMPROVEMENT. 

7 (a) AMENDMENT TO THE ACT OF JULY 27, 1953.— 

8 The first section of the Act of July 27, 1953 (67 Stat. 


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1 195, chapter 242; 22 U.S.C. 277d–10), is amended by 

2 striking the period at the end and inserting ‘‘: Provided 

3 further, That the equitable portion of the Nogales sanita4 tion project for the city of Nogales, Arizona, shall be lim5 ited to the costs directly associated with the treatment and 

6 conveyance of the wastewater of the city and, to the extent 

7 practicable, shall not include any costs directly associated 

8 with the quality or quantity of wastewater originating in 

9 Mexico.’’. 

10 (b) NOGALES SANITATION PROJECT.— 

11 (1) DEFINITIONS.—In this subsection: 

12 (A) CITY.—The term ‘‘City’’ means the 

13 City of Nogales, Arizona. 

14 (B) COMMISSION.—The term ‘‘Commis15 sion’’ means the United States Section of the 

16 International Boundary and Water Commission. 

17 (C) INTERNATIONAL OUTFALL INTER18 CEPTOR.—The term ‘‘International Outfall In19 terceptor’’ means the pipeline that conveys 

20 wastewater from the United States-Mexico bor21 der to the Nogales International Wastewater 

22 Treatment Plant. 

23 (D) NOGALES INTERNATIONAL WASTE24 WATER TREATMENT PLANT.—The term 

25 ‘‘Nogales International Wastewater Treatment 


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1 Plant’’ means the wastewater treatment plant 

2 that— 

3 (i) is operated by the Commission; 

4 (ii) is located in Rio Rico, Santa Cruz 

5 County, Arizona, after manhole 99; and 

6 (iii) treats sewage and wastewater 

7 originating from— 

8 (I) Nogales, Sonora, Mexico; and 

9 (II) Nogales, Arizona. 

10 (2) OWNERSHIP AND CONTROL.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B) and in accordance with authority 

13 under the Act of July 27, 1953 (67 Stat. 195, 

14 chapter 242; 22 U.S.C. 277d–10 et seq.), on 

15 transfer by donation from the City of the cur16 rent stake of the City in the International Out17 fall Interceptor to the Commission, the Com18 mission shall enter into such agreements as are 

19 necessary to assume full ownership and control 

20 over the International Outfall Interceptor. 

21 (B) AGREEMENTS REQUIRED.—The Com22 mission shall assume full ownership and control 

23 over the International Outfall Interceptor under 

24 subparagraph (A) after all applicable governing 


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1 bodies in the State of Arizona, including the 

2 City, have— 

3 (i) signed memoranda of under4 standing granting to the Commission ac5 cess to existing easements for a right of 

6 entry to the International Outfall Inter7 ceptor for the life of the International Out8 fall Interceptor; 

9 (ii) entered into an agreement with re10 spect to the flows entering the Inter11 national Outfall Interceptor that are con12 trolled by the City; and 

13 (iii) agreed to work in good faith to 

14 expeditiously enter into such other agree15 ments as are necessary for the Commission 

16 to operate and maintain the International 

17 Outfall Interceptor. 

18 (3) OPERATIONS AND MAINTENANCE.— 

19 (A) IN GENERAL.—Beginning on the date 

20 on which the Commission assumes full owner21 ship and control of the International Outfall In22 terceptor under paragraph (2)(A), but subject 

23 to paragraph (5), the Commission shall be re24 sponsible for the operations and maintenance of 

25 the International Outfall Interceptor. 


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1 (B) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated to the Commission to carry out this 

4 paragraph, to remain available until ex5 pended— 

6 (i) $6,500,000 for fiscal year 2025; 

7 and 

8 (ii) not less than $2,500,000 for fiscal 

9 year 2026 and each fiscal year thereafter. 

10 (4) DEBRIS SCREEN.— 

11 (A) DEBRIS SCREEN REQUIRED.— 

12 (i) IN GENERAL.—The Commission 

13 shall construct, operate, and maintain a 

14 debris screen at Manhole One of the Inter15 national Outfall Interceptor for inter16 cepting debris and drug bundles coming to 

17 the United States from Nogales, Sonora, 

18 Mexico. 

19 (ii) REQUIREMENT.—In constructing 

20 and operating the debris screen under 

21 clause (i), the Commission and the Com22 missioner of U.S. Customs and Border 

23 Protection shall coordinate— 


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1 (I) the removal of drug bundles 

2 and other illicit goods caught in the 

3 debris screen; and 

4 (II) other operations at the Inter5 national Outfall Interceptor that re6 quire coordination. 

7 (B) AUTHORIZATION OF APPROPRIA8 TIONS.—There are authorized to be appro9 priated to the Commission, to remain available 

10 until expended— 

11 (i) for fiscal year 2025— 

12 (I) $8,000,000 for construction 

13 of the debris screen described in sub14 paragraph (A)(i); and 

15 (II) not less than $1,000,000 for 

16 the operations and maintenance of the 

17 debris screen described in subpara18 graph (A)(i); and 

19 (ii) not less than $1,000,000 for fiscal 

20 year 2026 and each fiscal year thereafter 

21 for the operations and maintenance of the 

22 debris screen described in subparagraph 

23 (A)(i). 

24 (5) LIMITATION OF CLAIMS.—Chapter 171 and 

25 section 1346(b) of title 28, United States Code 


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1 (commonly known as the ‘‘Federal Tort Claims 

2 Act’’), shall not apply to any claim arising from the 

3 activities of the Commission in carrying out this 

4 subsection, including any claim arising from dam5 ages that result from overflow of the International 

6 Outfall Interceptor due to excess inflow to the Inter7 national Outfall Interceptor originating from 

8 Nogales, Sonora, Mexico. 

9 (c) EFFECTIVE DATE.—This section (including the 

10 amendments made by this section) takes effect on October 

11 1, 2024. 

Æ 


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