II 

108TH CONGRESS 

2D SESSION H. R. 4794 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7, 2004 

Received 

AN ACT 

To amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000 to extend the authorization 

of appropriations, 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, 
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1 SECTION 1. ACTIONS TO BE TAKEN. 

2 (a) SECONDARY TREATMENT.—Section 804(a)(1) of 

3 the Tijuana River Valley Estuary and Beach Sewage 

4 Cleanup Act of 2000 (22 U.S.C. 277d–44(a)(1); 114 Stat. 

5 1978) is amended by striking ‘‘Subject to’’ and all that 

6 follows through ‘‘of this Act,’’ and inserting ‘‘Pursuant to 

7 Treaty Minute 311 to the Treaty for the Utilization of 

8 Waters of the Colorado and Tijuana Rivers and of the Rio 

9 Grande, dated February 3, 1944,’’. 

10 (b) CONTRACT.—Section 804(c) of such Act is 

11 amended as follows: 

12 (1) By striking paragraph (1) and inserting the 

13 following: 

14 ‘‘(1) IN GENERAL.—Notwithstanding any provi15 sion of Federal procurement law, the Commission 

16 may enter into a multiyear fee-for-services contract 

17 with the owner of a Mexican facility in order to 

18 carry out the secondary treatment requirements of 

19 subsection (a) and make payments under such con20 tract, subject to the availability of appropriations 

21 and subject to the terms of paragraph (2).’’. 

22 (2) In paragraph (2)(I) by striking ‘‘, with such 

23 annual payment’’ and all that follows through the 

24 period at the end and inserting ‘‘, including costs as25 sociated with the purchase of any insurance or other 

26 financial instrument under subparagraph (K). Costs 
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1 associated with the purchase of such insurance or 

2 other financial instrument may be amortized over 

3 the term of the contract.’’. 

4 (3) In paragraph (2) by redesignating subpara5 graphs (J) through (P) as subparagraphs (L) 

6 through (R), respectively, and by inserting after sub7 paragraph (I) the following: 

8 ‘‘(J) Neither the Commission nor the 

9 United States Government shall be liable for 

10 payment of any cancellation fees if the Commis11 sion cancels the contract. 

12 ‘‘(K) The owner of the Mexican facility 

13 may purchase insurance or other financial in14 strument to cover the risk of cancellation of the 

15 contract by the Commission. Any such insur16 ance or other financial instrument shall not be 

17 provided or guaranteed by the United States 

18 Government, and the Government may reserve 

19 the right to validate independently the reason20 ableness of the premium when negotiating the 

21 annual service fee with the owner.’’. 

22 (4) By striking paragraphs (2)(L) and (2)(M) 

23 (as redesignated by paragraph (3) of this sub24 section) and inserting the following: 
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1 ‘‘(L) Transfer of ownership of the Mexican 

2 facility to an appropriate governmental entity, 

3 other than the United States, if the Commis4 sion cancels the contract. 

5 ‘‘(M) Transfer of ownership of the Mexican 

6 facility to an appropriate governmental entity, 

7 other than the United States, if the owner of 

8 the Mexican facility fails to perform under the 

9 contract.’’. 

10 (5) In paragraph (2)(N) (as redesignated by 

11 paragraph (3) of this subsection) by inserting after 

12 ‘‘competitive procedures’’ the following: ‘‘under ap13 plicable law’’. 

14 SEC. 2. IMPLEMENTATION OF NEW TREATY MINUTE. 

15 Section 805 of the Tijuana River Valley Estuary and 

16 Beach Sewage Cleanup Act of 2000 (22 U.S.C. 277d–45; 

17 114 Stat. 1980) is amended— 

18 (1) in the section heading striking ‘‘NEGOTIA19 TION OF’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(c) IMPLEMENTATION.—In light of the continuing 

22 threat to the environment and to public health and safety 

23 within the United States as a result of the river and ocean 

24 pollution in the San Diego-Tijuana border region, the 

25 Commission is requested to give the highest priority to the 
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1 implementation of Treaty Minute 311 to the Treaty for 

2 the Utilization of Waters of the Colorado and Tijuana Riv3 ers and of the Rio Grande, dated February 3, 1944, which 

4 establishes a framework for the siting of a treatment facil5 ity in Mexico to provide for the secondary treatment of 

6 effluent from the IWTP at the Mexican facility, to provide 

7 for additional capacity for advanced primary and sec8 ondary treatment of additional sewage emanating from the 

9 Tijuana River area, Mexico, and to meet the water quality 

10 standards of Mexico, the United States, and the State of 

11 California consistent with the provisions of this title, in 

12 order that the other provisions of this title to address such 

13 pollution may be implemented as soon as possible.’’. 

14 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 806 of the Tijuana River Valley Estuary and 

16 Beach Sewage Cleanup Act of 2000 (22 U.S.C. 277d–46; 

17 114 Stat. 1981) is amended by striking ‘‘a total of 

18 $156,000,000 for fiscal years 2001 through 2005’’ and 

19 inserting ‘‘such sums as may be necessary’’. 

Passed the House of Representatives October 6 (legislative day, October 7), 2004. 

Attest: JEFF TRANDAHL, 

Clerk.