I 
118TH CONGRESS 
1ST SESSION H. R. 4643 
To provide for the assumption of full ownership and control of the Inter-
national Outfall Interceptor in Nogales, Arizona, by the International 
Boundary and Water Commission, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2023 
Mr. GRIJALVA introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To provide for the assumption of full ownership and control 
of the International Outfall Interceptor in Nogales, Ari-
zona, by the International Boundary and Water Commis-
sion, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nogales Wastewater 
Improvement Act of 2023’’. 
SEC. 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. 
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195, chapter 242; 22 U.S.C. 277d–10), is amended by 
striking the period at the end and inserting ‘‘: Provided 
further, That the equitable portion of the Nogales sanita-
tion project for the city of Nogales, Arizona, shall be lim-
ited to the costs directly associated with the treatment and 
conveyance of the wastewater of the city and, to the extent 
practicable, shall not include any costs directly associated 
with the quality or quantity of wastewater originating in 
Mexico.’’. 
(b) NOGALES SANITATION PROJECT.— 
(1) DEFINITIONS.—In this subsection: 
(A) CITY.—The term ‘‘City’’ means the 
City of Nogales, Arizona. 
(B) COMMISSION.—The term ‘‘Commis-
sion’’ means the United States Section of the 
International Boundary and Water Commission. 
(C) 
INTERNATIONAL
OUTFALL
INTER-
CEPTOR.—The term ‘‘International Outfall In-
terceptor’’ means the pipeline that conveys 
wastewater from the United States-Mexico bor-
der to the Nogales International Wastewater 
Treatment Plant. 
(D) NOGALES
INTERNATIONAL
WASTE-
WATER
TREATMENT
PLANT.—The 
term 
‘‘Nogales International Wastewater Treatment 
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Plant’’ means the wastewater treatment plant 
that— 
(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 subpara-
graph (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.), on 
transfer by donation from the City of the cur-
rent stake of the City in the International Out-
fall Interceptor to the Commission, the Com-
mission shall enter into such agreements as are 
necessary to assume full ownership and control 
over the International Outfall Interceptor. 
(B) AGREEMENTS REQUIRED.—The Com-
mission shall assume full ownership and control 
over the International Outfall Interceptor under 
subparagraph (A) after all applicable governing 
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bodies in the State of Arizona, including the 
City, have— 
(i) signed memoranda of under-
standing granting to the Commission ac-
cess to existing easements for a right of 
entry to the International Outfall Inter-
ceptor for the life of the International Out-
fall Interceptor; 
(ii) entered into an agreement with re-
spect to the flows entering the Inter-
national Outfall Interceptor that are con-
trolled by the City; and 
(iii) agreed to work in good faith to 
expeditiously enter into such other agree-
ments 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 owner-
ship and control of the International Outfall In-
terceptor under paragraph (2)(A), but subject 
to paragraph (5), the Commission shall be re-
sponsible for the operations and maintenance of 
the International Outfall Interceptor. 
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(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Commission to carry out this 
paragraph, to remain available until ex-
pended— 
(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 Inter-
national Outfall Interceptor for inter-
cepting 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 Com-
missioner of U.S. Customs and Border 
Protection shall coordinate— 
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(I) the removal of drug bundles 
and other illicit goods caught in the 
debris screen; and 
(II) other operations at the Inter-
national Outfall Interceptor that re-
quire coordination. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated 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 sub-
paragraph (A)(i); and 
(II) not less than $1,000,000 for 
the operations and maintenance of the 
debris screen described in subpara-
graph (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 and 
section 1346(b) of title 28, United States Code 
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(commonly known as the ‘‘Federal Tort Claims 
Act’’), shall not apply to any claim arising from the 
activities of the Commission in carrying out this 
subsection, including any claim arising from dam-
ages that result from overflow of the International 
Outfall Interceptor due to excess inflow to the Inter-
national 
Outfall 
Interceptor 
originating 
from 
Nogales, Sonora, Mexico. 
(c) EFFECTIVE DATE.—This section (including the 
amendments made by this section) takes effect on October 
1, 2024. 
Æ 
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