Nogales Wastewater Improvement Act of 2023

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. Short title This Act may be cited as the Nogales Wastewater Improvement Act of 2023 2. Nogales wastewater improvement (a) Amendment to the Act of July 27, 1953 The first section of the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 : Provided further (b) Nogales sanitation project (1) Definitions In this subsection: (A) City The term City (B) Commission The term Commission (C) International Outfall Interceptor The term International Outfall Interceptor (D) Nogales International Wastewater Treatment Plant The term Nogales International Wastewater Treatment Plant (i) is operated by the Commission; (ii) is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and (iii) treats sewage and wastewater originating from— (I) Nogales, Sonora, Mexico; and (II) Nogales, Arizona. (2) Ownership and control (A) In general Subject to subparagraph (B) and in accordance with authority under the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 et seq. (B) Agreements required The Commission shall assume full ownership and control over the International Outfall Interceptor under subparagraph (A) after all applicable governing bodies in the State of Arizona, including the City, have— (i) signed memoranda of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor; (ii) entered into an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and (iii) agreed to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor. (3) Operations and maintenance (A) In general Beginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under paragraph (2)(A), but subject to paragraph (5), the Commission shall be responsible for the operations and maintenance of the International Outfall Interceptor. (B) Authorization of appropriations There are authorized to be appropriated to the Commission to carry out this paragraph, to remain available until expended— (i) $6,500,000 for fiscal year 2025; and (ii) not less than $2,500,000 for fiscal year 2026 and each fiscal year thereafter. (4) Debris screen (A) Debris screen required (i) In general The Commission shall construct, operate, and maintain a debris screen at Manhole One of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico. (ii) Requirement In constructing and operating the debris screen under clause (i), the Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate— (I) the removal of drug bundles and other illicit goods caught in the debris screen; and (II) other operations at the International Outfall Interceptor that require coordination. (B) Authorization of appropriations There are authorized to be appropriated to the Commission, to remain available until expended— (i) for fiscal year 2025— (I) $8,000,000 for construction of the debris screen described in subparagraph (A)(i); and (II) not less than $1,000,000 for the operations and maintenance of the debris screen described in subparagraph (A)(i); and (ii) not less than $1,000,000 for fiscal year 2026 and each fiscal year thereafter for the operations and maintenance of the debris screen described in subparagraph (A)(i). (5) Limitation of claims Chapter 171 section 1346(b) Federal Tort Claims Act (c) Effective date This section (including the amendments made by this section) takes effect on October 1, 2024.

Summary: Nogales Wastewater Improvement Act of 2023 This bill establishes requirements to address wastewater from the International Outfall Interceptor, which is a pipeline that carries wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant. The plant, which is located in Rio Rico, Arizona, treats sewage and wastewater originating from Nogales, Mexico, and Nogales, Arizona. The bill transfers the ownership, operations, and maintenance of the pipeline from the city of Nogales, Arizona, to the U.S. Section of the International Boundary and Water Commission. The commission must construct, operate, and maintain a debris screen at the pipeline's Manhole One for intercepting debris and drugs coming into the United States from Nogales, Mexico. The bill also limits the portion of the costs that the city of Nogales, Arizona, must pay for the Nogales sanitation project.