IIB
106TH CONGRESS
2D SESSION
H. R. 3378
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 13, 2000
Received; read twice and referred to the Committee on Environment and
Public Works
AN ACT
To authorize certain actions to address the comprehensive
treatment of sewage emanating from the Tijuana River
in order to substantially reduce river and ocean pollution
in the San Diego border region.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Tijuana River Valley
Estuary and Beach Sewage Cleanup Act of 2000’’.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize the United
States to take actions to address comprehensively the
treatment of sewage emanating from the Tijuana River
area, Mexico, that flows untreated or partially treated into
the United States causing significant adverse public health
and environmental impacts.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) COMMISSION.—The term ‘‘Commission’’
means the United States section of the International
Boundary and Water Commission, United States
and Mexico.
(3) IWTP.—The term ‘‘IWTP’’ means the
South Bay International Wastewater Treatment
Plant constructed under the provisions of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1251 et
seq.), section 510 of the Water Quality Act of 1987
(101 Stat. 80–82), and Treaty Minutes to the Trea-
ty for the Utilization of Waters of the Colorado and
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Tijuana Rivers and of the Rio Grande, dated Feb-
ruary 3, 1944.
(4) SECONDARY TREATMENT.—The term ‘‘sec-
ondary treatment’’ has the meaning such term has
under the Federal Water Pollution Control Act and
its implementing regulations.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of State.
(6) MEXICAN FACILITY.—The term ‘‘Mexican
facility’’ means a proposed public-private wastewater
treatment facility to be constructed and operated
under this Act within Mexico for the purpose of
treating sewage flows generated within Mexico,
which flows impact the surface waters, health, and
safety of the United States and Mexico.
(7) MGD.—The term ‘‘mgd’’ means million gal-
lons per day.
SEC. 4. ACTIONS TO BE TAKEN BY THE COMMISSION AND
THE ADMINISTRATOR.
(a) SECONDARY TREATMENT.—
(1) IN GENERAL.—Subject to the negotiation
and conclusion of a new Treaty Minute or the
amendment of Treaty Minute 283 under section 5,
and notwithstanding section 510(b)(2) of the Water
Quality Act of 1987 (101 Stat. 81), the Commission
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is authorized and directed to provide for the sec-
ondary treatment of a total of not more than 50
mgd in Mexico—
(A) of effluent from the IWTP if such
treatment is not provided for at a facility in the
United States; and
(B) of additional sewage emanating from
the Tijuana River area, Mexico.
(2) ADDITIONAL AUTHORITY.—Subject to the
results of the comprehensive plan developed under
subsection (b) revealing a need for additional sec-
ondary treatment capacity in the San Diego-Tijuana
border region and recommending the provision of
such capacity in Mexico, the Commission may pro-
vide not more than an additional 25 mgd of sec-
ondary treatment capacity in Mexico for treatment
described in paragraph (1).
(b) COMPREHENSIVE PLAN.—Not later than 24
months after the date of the enactment of this Act, the
Administrator shall develop a comprehensive plan with
stakeholder involvement to address the transborder sanita-
tion problems in the San Diego-Tijuana border region.
The plan shall include, at a minimum—
(1) an analysis of the long-term secondary
treatment needs of the region;
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(2) an analysis of upgrades in the sewage col-
lection system serving the Tijuana area, Mexico; and
(3) an identification of options, and rec-
ommendations for preferred options, for additional
sewage treatment capacity for future flows ema-
nating from the Tijuana River area, Mexico.
(c) CONTRACT.—
(1) IN GENERAL.—Subject to the availability of
appropriations to carry out this subsection and not-
withstanding any provision of Federal procurement
law, upon conclusion of a new Treaty Minute or the
amendment of Treaty Minute 283 under section 5,
the Commission may enter into a fee-for-services
contract with the owner of a Mexican facility in
order to carry out the secondary treatment require-
ments of subsection (a) and make payments under
such contract.
(2) TERMS.—Any contract under this sub-
section shall provide, at a minimum, for the fol-
lowing:
(A) Transportation of the advanced pri-
mary effluent from the IWTP to the Mexican
facility for secondary treatment.
(B) Treatment of the advanced primary ef-
fluent from the IWTP to the secondary treat-
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ment level in compliance with water quality
laws of the United States, California, and Mex-
ico.
(C) Return conveyance from the Mexican
facility of any such treated effluent that cannot
be reused in either Mexico or the United States
to the South Bay Ocean Outfall for discharge
into the Pacific Ocean in compliance with water
quality laws of the United States and Cali-
fornia.
(D) Subject to the requirements of sub-
section (a), additional sewage treatment capac-
ity that provides for advanced primary and sec-
ondary treatment of sewage described in sub-
section (a)(1)(B) in addition to the capacity re-
quired to treat the advanced primary effluent
from the IWTP.
(E) A contract term of 30 years.
(F) 
Arrangements 
for 
monitoring,
verification, and enforcement of compliance
with United States, California, and Mexican
water quality standards.
(G) Arrangements for the disposal and use
of sludge, produced from the IWTP and the
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Mexican facility, at a location or locations in
Mexico.
(H) Payment of fees by the Commission to
the owner of the Mexican facility for sewage
treatment services with the annual amount pay-
able to reflect all agreed upon costs associated
with the development, financing, construction,
operation, and maintenance of the Mexican fa-
cility.
(I) Provision for the transfer of ownership
of the Mexican facility to the United States,
and provision for a cancellation fee by the
United States to the owner of the Mexican fa-
cility, if the Commission fails to perform its ob-
ligations under the contract. The cancellation
fee shall be in amounts declining over the term
of the contract anticipated to be sufficient to
repay construction debt and other amounts due
to the owner that remain unamortized due to
early termination of the contract.
(J) Provision for the transfer of ownership
of the Mexican facility to the United States,
without a cancellation fee, if the owner of the
Mexican facility fails to perform the obligations
of the owner under the contract.
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(K) To the extent practicable, the use of
competitive procedures by the owner of the
Mexican facility in the procurement of property
or services for the engineering, construction,
and operation and maintenance of the Mexican
facility.
(L) An opportunity for the Commission to
review and approve the selection of contractors
providing engineering, construction, and oper-
ation and maintenance for the Mexican facility.
(M) The maintenance by the owner of the
Mexican facility of all records (including books,
documents, papers, reports, and other mate-
rials) necessary to demonstrate compliance with
the terms of this Act and the contract.
(N) Access by the Inspector General of the
Department of State or the designee of the In-
spector General for audit and examination of all
records maintained pursuant to subparagraph
(M) to facilitate the monitoring and evaluation
required under subsection (d).
(3) LIMITATION.—The Contract Disputes Act
of 1978 (41 U.S.C. 601–613) shall not apply to a
contract executed under this section.
(d) IMPLEMENTATION.—
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(1) IN
GENERAL.—The Inspector General of
the Department of State shall monitor the imple-
mentation of any contract entered into under this
section and evaluate the extent to which the owner
of the Mexican facility has met the terms of this sec-
tion and fulfilled the terms of the contract.
(2) REPORT.—The Inspector General shall
transmit to Congress a report containing the evalua-
tion under paragraph (1) not later than 2 years
after the execution of any contract with the owner
of the Mexican facility under this section, 3 years
thereafter, and periodically after the second report
under this paragraph.
SEC. 5. NEGOTIATION OF NEW TREATY MINUTE.
(a) CONGRESSIONAL STATEMENT.—In light of the
existing threat to the environment and to public health
and safety within the United States as a result of the river
and ocean pollution in the San Diego-Tijuana border re-
gion, the Secretary is requested to give the highest priority
to the negotiation and execution of a new Treaty Minute,
or a modification of Treaty Minute 283, consistent with
the provisions of this Act, in order that the other provi-
sions of this Act to address such pollution may be imple-
mented as soon as possible.
(b) NEGOTIATION.—