I 
119TH CONGRESS 
1ST SESSION H. R. 4357 
To provide for the water quality restoration of the Tijuana River and the 
New River, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2025 
Mr. VARGAS (for himself, Mr. PETERS, Ms. JACOBS, Mr. LEVIN, and Mr. 
RUIZ) introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure, and in addition to the Committees 
on Energy and Commerce, Natural Resources, Foreign Affairs, and the 
Budget, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To provide for the water quality restoration of the Tijuana 
River and the New River, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Border Water Quality Restoration and Protection Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
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TITLE I—TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY 
RESTORATION 
Sec. 101. Findings; purposes. 
Sec. 102. Definitions. 
Sec. 103. Tijuana River Public Health and Water Quality Restoration Pro-
gram. 
Sec. 104. Water quality action plan. 
Sec. 105. Grants, interagency and other agreements, and assistance. 
Sec. 106. Annual budget plan. 
Sec. 107. Reports. 
TITLE II—NEW RIVER PUBLIC HEALTH AND WATER QUALITY 
RESTORATION 
Sec. 201. Findings; purposes. 
Sec. 202. Definitions. 
Sec. 203. California New River Public Health and Water Quality Restoration 
Program. 
Sec. 204. Water quality action plan. 
Sec. 205. Grants, interagency and other agreements, and assistance. 
Sec. 206. Annual budget plan. 
Sec. 207. Reports. 
TITLE III—BORDER WATER INFRASTRUCTURE IMPROVEMENT 
Sec. 301. United States-Mexico border water infrastructure program. 
TITLE IV—MISCELLANEOUS 
Sec. 401. Role of the Commissioner and international agreements. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the United 
States Section of the International Boundary and 
Water Commission. 
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
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section 102 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5130). 
(4) MEXICAN.—The term ‘‘Mexican’’, with re-
spect to entities from Mexico, means, as applicable, 
the Federal, State, and local governments of Mexico. 
(5) NEW
RIVER.—The term ‘‘New River’’ 
means the river that starts in Mexicali, Mexico, 
flows north into the United States through Calexico, 
passes through the Imperial Valley, and drains into 
the Salton Sea. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of State. 
(7) TIJUANA
RIVER.—The term ‘‘Tijuana 
River’’ means the river that rises in the Sierra de 
Juarez in Mexico, flows through the City of Tijuana 
and then north into the United States, passes 
through the Tijuana River estuary, and drains into 
the Pacific Ocean. 
(8) WATER REUSE.—The term ‘‘water reuse’’ 
has the meaning given the term in the document of 
the Environmental Protection Agency entitled ‘‘Na-
tional Water Reuse Action Plan Collaborative Imple-
mentation (Version 1)’’ and dated February 2020. 
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TITLE I—TIJUANA RIVER PUB-
LIC 
HEALTH 
AND 
WATER 
QUALITY RESTORATION 
SEC. 101. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) the Tijuana River flows across the United 
States-Mexico border, through the southern United 
States, and into the Pacific Ocean; 
(2) 3⁄4 of the 1,750 square mile watershed of 
the Tijuana River lies in Mexico, and the remaining 
1⁄4 includes the Tijuana River National Estuarine 
Research Reserve in the United States; 
(3) the Tijuana River National Estuarine Re-
search Reserve is a partnership of Federal and State 
agencies, including the National Oceanic and Atmos-
pheric Administration, California State Parks, and 
the United States Fish and Wildlife Service; 
(4) the Tijuana River is a significant estuary 
and watershed, providing— 
(A) economic and health benefits to the 
citizens of the United States and Mexico; and 
(B) environmental benefits as critical habi-
tat to shore birds; 
(5) the economy of communities in southern 
California, including smaller communities, such as 
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the City of Imperial Beach, and larger municipali-
ties, such as the City of San Diego, may be signifi-
cantly affected— 
(A) if the natural beauty and recreational 
opportunities of the Tijuana River are de-
graded; and 
(B) due to public health and environmental 
impacts; 
(6) the Tijuana River watershed is in the midst 
of an environmental crisis, as stormwater flows from 
the upper watershed, originating in Tijuana, Mexico, 
carrying pollutants such as bacteria, trash, and sedi-
ment that severely affect water quality; 
(7) coastal communities in and near the Ti-
juana River watershed are also affected, during cer-
tain tidal events, by a combination of treated waste-
water and chlorinated-only wastewater discharged 
from the San Antonio de los Buenos wastewater 
treatment plant located 5 miles south of the United 
States-Mexico border in Tijuana; 
(8) as reported by the Government Account-
ability Office in February 2020, transboundary flows 
of untreated sewage, combined with unmanaged 
stormwater, bring bacteria and other contaminants 
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into the Tijuana River Valley watershed and beaches 
in the United States; 
(9) sediment flows into the Tijuana River Na-
tional Wildlife Refuge and blocks the flow of ocean 
water and creates an imbalance in water salinity, 
necessary for marsh plants, fish, and birds; 
(10) before the date of enactment of this Act, 
the City of Imperial Beach has experienced more 
than 1,000 consecutive days of beach closures due to 
the ongoing influx of sewage, industrial discharges, 
and trash from the Tijuana River due to risk to 
human health; 
(11) flows of untreated sewage, chemicals, and 
pollution from Mexico jeopardize the health of Bor-
der Patrol agents and limit the ability of those 
agents to operate in areas affected by these flows; 
(12) a March 2020 report of the Environmental 
Financial Advisory Board of the Environmental Pro-
tection Agency— 
(A) found that— 
(i) ‘‘stormwater knows no jurisdic-
tional boundaries . . . and is a principal 
cause of water quality issues nationwide’’; 
and 
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(ii) adequate funding to manage 
stormwater pollution lags behind the in-
vestments made in wastewater manage-
ment and the delivery of safe drinking 
water by decades; and 
(B) concluded that Federal investment will 
be required to address— 
(i) the lack of State and local funding; 
and 
(ii) 
multi-jurisdictional 
stormwater 
management needs; 
(13) during the 10-year period before the date 
of enactment of this Act, Federal, State, and local 
governments and others have identified the benefits 
of using natural and green infrastructure to control 
and manage stormwater runoff, including wetlands, 
coastal dunes, and retention structures; 
(14) during the 20-year period before the date 
of enactment of this Act, the United States and 
Mexico, through the International Boundary and 
Water Commission, have agreed to resolve the pollu-
tion problems in the Tijuana River; 
(15) the International Boundary and Water 
Commission has negotiated 9 Minutes to resolve 
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water quality problems in the Tijuana River, among 
other subjects; 
(16) 1 of the most recent Minutes authorized 
the construction of the South Bay International 
Wastewater Treatment Plant in San Ysidro to treat, 
on average, 25,000,000 gallons of sewage from Ti-
juana per day, which has reduced the sewage coming 
into the United States; 
(17) the sewer system of Tijuana is— 
(A) aging and deteriorating; and 
(B) insufficient to meet the needs of a 
quickly growing population; 
(18) in August 2023, Tropical Storm Hilary— 
(A) caused more than 2,000,000,000 gal-
lons of contaminated water to flow across the 
border; and 
(B) exacerbated vulnerabilities at the 
South Bay International Wastewater Treatment 
Plant; 
(19) on January 22, 2024, a record-breaking 
storm caused the Tijuana River to reach the highest 
flow ever recorded for that river at 14,500,000 gal-
lons per day; 
(20) from January to December of 2024, an es-
timated 36,154,000,000 gallons of wastewater, 
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treated water, and stormwater flowed from Mexico 
to the United States; 
(21) on June 17, 2024, a pump station failure 
resulted in approximately 302,000 gallons of un-
treated wastewater spilling onto the public right-of- 
way; 
(22) during the 2-year period before the date of 
enactment of this Act, transboundary flows occurred 
on 317 days, on average, each year; 
(23) those transboundary flows contain treated 
wastewater, raw sewage, and urban runoff, with 
most of those flows associated with wet weather and 
stormwater; 
(24) during the 2-year period before the date of 
enactment of this Act, unprecedented dry weather 
flows reached approximately 13,795,000,000 gallons; 
(25) abnormal dry weather flows and sediment 
have caused pump failures, oppressive odors, and 
public health concerns; 
(26) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.) has established a 
stormwater permit program under the National Pol-
lutant Discharge Elimination System, under which 
municipalities have the responsibility to manage and 
treat stormwater; 
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(27) because of the international border and 
different treatment systems and standards, dis-
charges in Mexico to the Tijuana River are not 
treated to the same standards as the standards to 
which discharges would be treated in the United 
States; 
(28) the International Boundary and Water 
Commission negotiated Minute 320 to find solutions 
for water quality, trash, and sediment in the Tijuana 
River; 
(29) the International Boundary and Water 
Commission negotiated Minute 328 to implement 
sanitation infrastructure projects in Tijuana, Baja 
California, and San Diego, California, that will be fi-
nanced 
with 
a 
total 
joint 
investment 
of 
$474,000,000; 
(30) the United States has invested at least 
$300,000,000 for secondary wastewater treatment in 
the Tijuana River Valley by the International 
Boundary and Water Commission and the Environ-
mental Protection Agency through the United 
States-Mexico-Canada Agreement and Minute 328; 
(31) the Environmental Protection Agency and 
the International Boundary and Water Commission 
selected Alternative 2, as described in the final pro-
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grammatic environmental impact statement of the 
Environmental Protection Agency and the Inter-
national Boundary and Water Commission entitled 
‘‘USMCA Mitigation of Contaminated Transbound-
ary Flows Project’’ and dated November 2, 2022, 
and selected in the record of decision of the Environ-
mental Protection Agency and the International 
Boundary and Water Commission entitled ‘‘Joint 
Record of Decision for the Final Programmatic En-
vironmental Impact Statement for United States- 
Mexico-Canada Agreement Mitigation of Contami-
nated Transboundary Flows Project’’ and signed on 
June 9, 2023; 
(32) the United States has also helped fund 
water and wastewater infrastructure along the bor-
der through the Border Water Infrastructure Pro-
gram and the North American Development Bank; 
and 
(33) however, as the Government Accountability 
Office found in the report described in paragraph 
(8)— 
(A) the longstanding environmental and 
health problems associated with transboundary 
stormwater flows continue; and 
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(B) while the International Boundary and 
Water Commission has taken the first steps to 
conduct long-term capital planning to resolve 
existing problems by proposing and analyzing 
alternatives, analyzing costs, identifying solu-
tions, or establishing time frames, significant 
additional investment from the resources of 
Federal, State, Tribal, local, and Mexican enti-
ties is needed to improve the water quality of 
the Tijuana River watershed. 
(b) PURPOSES.—The purposes of this title are— 
(1) to establish a Geographic Program to plan 
and implement water quality restoration and protec-
tion activities; 
(2) to ensure the coordination of restoration 
and protection activities among Mexican, Federal, 
State, local, and regional entities and conservation 
partners relating to water quality and stormwater 
management in the Mexican Tijuana River water-
shed and the American Tijuana River watershed; 
and 
(3) to provide funding for water quality restora-
tion and protection activities in the Mexican Tijuana 
River watershed and the American Tijuana River 
watershed. 
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SEC. 102. DEFINITIONS. 
In this title: 
(1) AMERICAN TIJUANA RIVER WATERSHED.— 
The term ‘‘American Tijuana River watershed’’ 
means the portion of the Tijuana River watershed 
that lies in the United States. 
(2) MEXICAN TIJUANA RIVER WATERSHED.— 
The term ‘‘Mexican Tijuana River watershed’’ 
means the portion of the Tijuana River watershed 
that lies in Mexico. 
(3) PROGRAM.—The term ‘‘program’’ means 
the Tijuana River Public Health and Water Quality 
Restoration Program established under section 
103(a)(1). 
(4) PROGRAM DIRECTOR.—The term ‘‘Program 
Director’’ means the Program Director of the pro-
gram designated under section 103(a)(2). 
(5) WATER QUALITY RESTORATION AND PRO-
TECTION.—The term ‘‘water quality restoration and 
protection’’, with respect to the Tijuana River water-
shed, means— 
(A) the enhancement of water quality and 
stormwater management; and 
(B) the use of natural and green infra-
structure to enhance the ability of the water-
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shed to capture pollutants and reduce runoff to 
prevent flooding. 
SEC. 103. TIJUANA RIVER PUBLIC HEALTH AND WATER 
QUALITY RESTORATION PROGRAM. 
(a) ESTABLISHMENT.— 
(1) PROGRAM.—Not later than 180 days after 
the date of enactment of this Act, subject to the 
availability of appropriations provided specifically for 
this purpose, the Administrator shall establish a Ge-
ographic Program, to be known as the ‘‘Tijuana 
River Public Health and Water Quality Restoration 
Program’’. 
(2) PROGRAM DIRECTOR.—Not later than 180 
days after the date of enactment of this Act, the Ad-
ministrator shall designate a Program Director of 
the program, who shall— 
(A) have leadership and project manage-
ment experience; and 
(B) be qualified— 
(i) to direct the integration of multiple 
project planning efforts and programs 
from different agencies and jurisdictions; 
(ii) to align numerous, and possibly 
competing, priorities to accomplish visible 
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and measurable outcomes under the action 
plan under section 104(a)(1); 
(iii) to manage efforts and associated 
functions needed to run the management 
conference described in subsection (b)(2); 
(iv) to facilitate engagement with the 
International Boundary and Water Com-
mission and related Federal agencies; 
(v) to solicit feedback from relevant 
Federal, State, Tribal, local, public, non-
profit, and other relevant stakeholders on 
the creation and implementation of the ac-
tion plan under section 104(a)(1); and 
(vi) to consult with Indian Tribes 
within the American Tijuana River water-
shed region. 
(b) DUTIES.—In carrying out the program— 
(1) the Administrator shall— 
(A) develop the action plan under section 
104(a)(1) to address pollution prevention, envi-
ronmental and ecological restoration, climate 
change, resilience, and mitigation, and related 
efforts, in the American Tijuana River water-
shed region; 
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(B) carry out projects, plans, and initia-
tives for the Tijuana River and work in con-
sultation with applicable management entities, 
including representatives of the Federal Govern-
ment, State and local governments, Tribal gov-
ernments, and regional and nonprofit organiza-
tions, to carry out public health and water qual-
ity restoration and protection activities relating 
to the Tijuana River; 
(C) carry out activities that— 
(i) develop, using monitoring, data 
collection, and assessment, a shared set of 
science-based water quality restoration and 
protection activities identified in accord-
ance with subparagraph (B); 
(ii) support the implementation of a 
shared set of science-based water quality 
restoration and protection activities identi-
fied in accordance with subparagraph (B), 
including water reuse projects, water recy-
cling projects, and natural and green infra-
structure projects; 
(iii) target cost-effective projects with 
measurable results; and 
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(iv) maximize public health and water 
quality conservation outcomes; 
(D) coordinate the development of con-
sistent Federal policies, strategies, projects, and 
priorities for addressing the public health and 
water quality restoration and protection of the 
Tijuana River; 
(E) coordinate a funding strategy among 
available funding sources in the region; and 
(F) provide grants, agreements, and tech-
nical assistance in accordance with section 105; 
and 
(2) not later than 120 days after the date on 
which the Program Director is designated under 
subsection (a)(2), the Program Director shall con-
vene a management conference for the Tijuana River 
pursuant to section 320 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1330). 
(c) COORDINATION.—In establishing the program, 
the Administrator shall consult, as appropriate, with— 
(1) the heads of Federal agencies, including— 
(A) the Secretary; 
(B) the Commissioner; 
(C) the Secretary of Agriculture; 
(D) the Secretary of Homeland Security; 
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(E) the Administrator of General Services; 
(F) the Commissioner of U.S. Customs 
and Border Protection; 
(G) the Secretary of the Interior; 
(H) the Secretary of the Army, acting 
through the Chief of Engineers; 
(I) the Administrator of the National Oce-
anic and Atmospheric Administration; 
(J) the Director of the United States Fish 
and Wildlife Service; and 
(K) the head of any other applicable agen-
cy, as determined by the Administrator; 
(2) a representative of Naval Base Coronado; 
(3) a representative of the Commander, Navy 
Region Southwest; 
(4) a representative of the Coast Guard; 
(5) a representative of the United States Geo-
logical Survey; 
(6) a representative of the Bureau of Indian Af-
fairs; 
(7) a representative from each Indian Tribe lo-
cated within the American Tijuana River watershed; 
(8) the heads of State of California agencies 
and local agencies, including— 
(A) the Governor of California; 
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(B) the California Environmental Protec-
tion Agency; 
(C) the California State Water Resources 
Control Board; 
(D) the California Department of Water 
Resources; 
(E) the San Diego Regional Water Quality 
Control Board; and 
(F) the County of San Diego; 
(9) 2 representatives of affected units of local 
government in the State of California, chosen on a 
rotating 3-year cycle by the Governor of California, 
including representatives from the City of Imperial 
Beach, the City of San Diego, the City of Chula 
Vista, the City of Coronado, and the Port of San 
Diego; 
(10) 2 representatives of relevant nonprofit 
groups, chosen on a rotating 3-year cycle by the 
Governor of California; 
(11) other public agencies and organizations 
with authority for the planning and implementation 
of conservation strategies relating to the Tijuana 
River in the United States and Mexico, as deter-
mined by the Administrator; and 
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(12) representatives of the North American De-
velopment Bank. 
(d) COOPERATIVE AGREEMENTS AND MEMORANDA 
OF UNDERSTANDING.— 
(1) IN GENERAL.—To achieve the purposes of 
this title and to ensure effective coordination of Fed-
eral and non-Federal water quality restoration and 
protection activities, the Administrator shall use 
amounts made available for the United States-Mex-
ico border water infrastructure program under sec-
tion 301 and payments received pursuant to para-
graph (4)(A) to enter into cooperative agreements 
and memoranda of understanding with, and provide 
technical assistance to— 
(A) the heads of other Federal agencies, 
States, State agencies, units of local govern-
ment, Tribal governments, regional govern-
mental bodies, and private entities; and 
(B) in cooperation with the Secretary, the 
Government of Mexico. 
(2) USE OF AGREEMENTS.—The Administrator 
may enter into the cooperative agreements and 
memoranda of understanding described in paragraph 
(1) to carry out the activities described in this sec-
tion, including studies, plans, construction, and com-
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pletion of projects to improve the water quality of, 
environment of, and public health around the Ti-
juana River. 
(3) TERM.—The cooperative agreements and 
memoranda of understanding described in paragraph 
(1) shall be limited to a specified period of time, as 
determined by the Administrator. 
(4) FINANCIAL ARRANGEMENTS.— 
(A) IN
GENERAL.—If the Administrator 
enters into a cooperative agreement or memo-
randum of understanding described in para-
graph (1), the Administrator may require the 
other party to the agreement or memorandum 
to provide payment to the Administrator. 
(B) DEPOSIT.—Any amounts received as a 
payment under subparagraph (A) shall be de-
posited into the State and Tribal Assistance 
Grants account of the Environmental Protec-
tion Agency and shall remain available, without 
further appropriation, to carry out the purposes 
of this title. 
(5) PERSONNEL; SERVICES; TECHNICAL ASSIST-
ANCE.—The Administrator may provide or accept 
personnel, services, and technical assistance pursu-
ant to a cooperative agreement or memorandum of 
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understanding described in paragraph (1), with or 
without reimbursement, for the purposes of carrying 
out the agreement or memorandum. 
SEC. 104. WATER QUALITY ACTION PLAN. 
(a) DEVELOPMENT.— 
(1) IN GENERAL.—The Administrator, in con-
sultation with the entities described in section 
103(c), shall develop an action plan in accordance 
with the Statement of Intent between the United 
States and Mexico relating to the implementation of 
priority sanitation projects in the San Diego, CA.- 
Tijuana, BC region, signed on July 1, 2022, for the 
purpose of improving and protecting the water qual-
ity of the Tijuana River watershed. 
(2) REQUIREMENTS.—The action plan under 
paragraph (1) shall— 
(A) build on and incorporate any existing 
efforts and plans to improve and protect the 
water quality of the Tijuana River watershed, 
including ongoing and completed efforts and 
plans; 
(B) incorporate projects identified in Alter-
native 2, as described in the final programmatic 
environmental impact statement of the Environ-
mental Protection Agency and the International 
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Boundary and Water Commission entitled 
‘‘USMCA Mitigation of Contaminated Trans-
boundary Flows Project’’ and dated November 
2, 2022, and selected in the record of decision 
of the Environmental Protection Agency and 
the International Boundary and Water Com-
mission entitled ‘‘Joint Record of Decision for 
the Final Programmatic Environmental Impact 
Statement for United States-Mexico-Canada 
Agreement Mitigation of Contaminated Trans-
boundary Flows Project’’ and signed on June 9, 
2023; and 
(C) include— 
(i) such features as are needed to im-
prove and protect the quality of waste-
water, stormwater runoff, and other un-
treated flows; 
(ii) criteria for selecting— 
(I) water quality restoration and 
protection projects; and 
(II) projects on the priority list 
under subsection (c)(1); 
(iii) the amounts necessary for the op-
erations and maintenance of infrastructure 
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existing on and constructed after the date 
of enactment of this Act; and 
(iv) potential sources of funding to 
help pay the costs described in clause (iii). 
(3) OPERATIONS
AND
MAINTENANCE
FUND-
ING.— 
(A) IN GENERAL.—In developing the ac-
tion plan under paragraph (1), the Adminis-
trator, working with the entities described in 
section 103(c), shall assess and identify poten-
tial alternative sources and approaches for fi-
nancing infrastructure projects, including fi-
nancing the operations and maintenance of 
those infrastructure projects. 
(B) REQUIREMENT.—In carrying out sub-
paragraph (A), the Administrator shall assess 
the approaches identified in the report of the 
Environmental Financial Advisory Board enti-
tled ‘‘Evaluating Stormwater Infrastructure 
Funding and Financing’’ and dated March 
2020. 
(b) 
ISSUANCE; 
UPDATES.—The 
Administrator 
shall— 
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(1) not later than 1 year after the date of en-
actment of this Act, issue the action plan under sub-
section (a)(1); and 
(2) every 5 years after the date on which the 
action plan is issued under paragraph (1), update 
the action plan. 
(c) PRIORITY LIST.— 
(1) IN GENERAL.—The action plan under sub-
section (a)(1) shall include a priority list of potential 
or proposed water quality restoration and protection 
projects for the Tijuana River watershed that— 
(A) provides for the management of waste-
water or stormwater or the removal of debris, 
sediment, chemicals, bacteria, and other con-
taminants from the water flowing north into the 
United States; 
(B) estimates the costs and identifies the 
entities that will fund the construction, oper-
ation, and maintenance of each project on the 
priority list; 
(C) is developed in coordination with the 
entities described in section 103(c); 
(D) assists agencies to coordinate funding; 
and 
(E) identifies projects— 
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(i) in the Mexican Tijuana River wa-
tershed; 
(ii) in the American Tijuana River 
watershed; and 
(iii) that address transboundary flows 
that affect coastal communities in and 
near the Tijuana River watershed. 
(2) DEVELOPMENT.—In developing the priority 
list under paragraph (1), the Administrator shall— 
(A) use the best available science, includ-
ing any relevant findings and recommendations 
of a watershed assessment conducted by Fed-
eral, State, Tribal, and local agencies; 
(B) carry out and fund science develop-
ment, monitoring, or modeling as needed to in-
form project development and assessment; 
(C) include— 
(i) the projects described in subsection 
(a)(2)(B); and 
(ii) such other projects that the Ad-
ministrator determines appropriate based 
on the availability of peer-reviewed or oth-
erwise published scientific research; and 
(D) include, in order of priority, potential 
or proposed water quality or stormwater 
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projects for the restoration and protection of 
the Tijuana River that— 
(i) would help— 
(I) to achieve and maintain the 
water quality standards for— 
(aa) public health; 
(bb) recreational opportuni-
ties; 
(cc) scenic resources; and 
(dd) wildlife and habitat; 
and 
(II) to address water needs in the 
Tijuana River watershed, including 
through water reuse and water recy-
cling; and 
(ii) would identify responsible agencies 
and funding sources through coordinated 
efforts by the entities described in section 
103(c). 
SEC. 105. GRANTS, INTERAGENCY AND OTHER AGREE-
MENTS, AND ASSISTANCE. 
(a) IN GENERAL.—In order to carry out the purposes 
of the program as described in section 101(b) and imple-
ment priority projects identified under section 104(c), the 
Administrator may— 
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(1) provide grants and technical assistance to 
the Commissioner, State and local governments, 
Tribal governments, the North American Develop-
ment Bank, entities described in section 103(c)(11), 
nonprofit organizations, and institutions of higher 
education, in both the United States and Mexico; 
and 
(2) enter into interagency agreements with 
other Federal agencies. 
(b) CRITERIA.—The Administrator, in consultation 
with the entities described in section 103(c), shall develop 
criteria for providing grants and technical assistance and 
entering into interagency agreements under subsection (a) 
to ensure that activities carried out under an interagency 
agreement or using those grants or technical assistance— 
(1) accomplish 1 or more of the purposes iden-
tified in section 101(b); and 
(2) advance the implementation of priority 
projects identified under section 104(c). 
(c) COST SHARING.—The Administrator may estab-
lish a Federal share requirement for any project carried 
out using any assistance provided under this section on 
an individual project basis. 
(d) ADMINISTRATION.— 
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(1) IN
GENERAL.—The Administrator may 
enter into an agreement to manage the implementa-
tion of this section with the North American Devel-
opment Bank or a similar organization that offers 
grant management services. 
(2) FUNDING.—If the Administrator enters into 
an agreement under paragraph (1), the organization 
selected shall— 
(A) for each fiscal year, receive amounts to 
carry out this section in an advance payment of 
the entire amount on the date of enactment of 
an appropriations Act making appropriations to 
the Administrator for a fiscal year, or as soon 
as practicable thereafter; and 
(B) otherwise administer the implementa-
tion of this section to support partnerships be-
tween the public and private sectors in accord-
ance with this title. 
(e) CONSTRUCTION, OPERATION, 
AND
MAINTE-
NANCE.—The Commissioner may construct, operate, and 
maintain any project carried out using funds made avail-
able to carry out this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Administrator to carry out this 
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section $50,000,000 for each of fiscal years 2026 
through 2036, to remain available until expended. 
(2) SET ASIDE.—Of amounts made available to 
carry out this section, the Administrator may use 
not more than 5 percent for grants under this sec-
tion for salaries, expenses, and administration. 
(3) TRANSFER.—The Administrator may trans-
fer amounts made available under this subsection to 
the Commissioner as the Administrator determines 
necessary to carry out this section. 
SEC. 106. ANNUAL BUDGET PLAN. 
The President, as part of the annual budget submis-
sion of the President to Congress under section 1105(a) 
of title 31, United States Code, shall submit estimated ex-
penditures and proposed appropriations for projects under 
this title, including administrative needs and expenses, for 
the current year, the budget year, and 5 outyears (as those 
terms are defined in section 250(c) of the Balanced Budg-
et and Emergency Deficit Control Act of 1985 (2 U.S.C. 
900(c))), including for projects included in the priority list 
under section 104(c), for each Federal agency described 
in section 103(c)(1). 
SEC. 107. REPORTS. 
Not later than 1 year after the date of enactment 
of this Act, and every 2 years thereafter, the Adminis-
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trator shall submit to Congress a report on the implemen-
tation of this title, including— 
(1) a description of— 
(A) each project that has received funding 
pursuant to this title; and 
(B) the status of all projects that have re-
ceived funding pursuant to this title that are in 
progress on the date of submission of the re-
port; and 
(2) an assessment of the effectiveness of the op-
eration and maintenance of each project that has 
been carried out pursuant to this title. 
TITLE II—NEW RIVER PUBLIC 
HEALTH AND WATER QUAL-
ITY RESTORATION 
SEC. 201. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) the New River was born out of— 
(A) occasional flows of the Colorado River 
into the Salton Sink; and 
(B) the erosion of the New River channel, 
which formed the deep river canyon between 
1905 and 1907; 
(2) the New River— 
(A) starts in Mexicali, Mexico; 
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(B) flows north into the United States 
through Calexico; 
(C) passes through the Imperial Valley; 
and 
(D) drains into the Salton Sea approxi-
mately 66 miles north of the international 
boundary; 
(3) the sub-watershed of the New River covers 
approximately 750 square miles, of which 63 percent 
is in Mexico and 37 percent is in the United States; 
(4) the New River has been widely recognized 
for significant water pollution problems, primarily 
because of agricultural runoff, raw sewage, pes-
ticides, and discharges of wastes from domestic, ag-
ricultural, and industrial sources in Mexico and the 
Imperial Valley; 
(5) by the 1980s, the New River acquired the 
reputation of being 1 of the most polluted rivers in 
the United States, with many pollutants in the New 
River posing serious human health hazards to local 
populations, particularly in Calexico and Mexicali; 
(6) in 1992, Minute 288 of the International 
Boundary and Water Commission— 
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(A) established a sanitation strategy for 
the water quality problems of the New River at 
the international border; and 
(B) divided sanitation projects into 2 im-
mediate repair projects, the Mexicali I and 
Mexicali II, that— 
(i) 
totaled 
approximately 
$50,000,000; and 
(ii) were funded by both the United 
States and Mexico through the North 
American Development Bank; 
(7) in 1995, the Environmental Protection 
Agency provided funds to the California Regional 
Water Quality Control Board to monitor and docu-
ment the water quality at the international boundary 
on a monthly basis; 
(8) in the late 1990s— 
(A) the United States and Mexico spent 
$100,000,000 (of which 45 percent was paid by 
Mexico and 55 percent was paid by the United 
States) to build the Las Arenitas and Zaragoza 
wastewater treatment plants; and 
(B) after the construction of those plants, 
untreated water from the New River was passed 
through 4 microbial treatment cells at the Las 
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Arenitas wastewater treatment plant, which was 
then chlorinated and fed into a reforestation 
project along the desiccated Rio Hardy, which 
stretches to the Sea of Cortez; 
(9) a 10-year effort by community groups, law-
yers, regulatory agencies, and politicians addressed 
the problem of water quality in the New River at the 
source by— 
(A) federally funding a new sewage treat-
ment plant in Mexicali; and 
(B) developing a site plan for the portion 
of the New River in the United States; 
(10) in 2009, the State of California required 
the California-Mexico Border Relations Council— 
(A) to create a water quality plan to study, 
monitor, remediate, and enhance the water 
quality of the New River to protect human 
health; and 
(B) to develop a river parkway suitable for 
public use; 
(11) in 2012, the California-Mexico Border Re-
lations Council approved the strategic plan for the 
New River Improvement Project that was prepared 
by the New River Improvement Project Technical 
Advisory Committee; 
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(12) in 2016, the New River Improvement 
Project Technical Advisory Committee revised the 
recommended infrastructure of the New River Im-
provement Project, and the State of California ap-
propriated $1,400,000 to provide grants or contracts 
to carry out the necessary planning, design, environ-
mental review, and permitting work; 
(13) the revised New River Improvement 
Project includes the installation of a large trash 
screen, a conveyance system, aeration devices, a new 
pump station, and managed wetlands; and 
(14) the existing and ongoing voluntary con-
servation efforts at the New River necessitate im-
proved efficiency and cost-effectiveness, increased 
private sector investments, and coordination of Fed-
eral and non-Federal resources. 
(b) PURPOSES.—The purposes of this title include— 
(1) coordinating water quality restoration and 
protection activities relating to the New River 
among Mexican, Federal, State, local, and regional 
entities and conservation partners; and 
(2) carrying out coordinated restoration and 
protection activities relating to the New River and 
providing technical assistance for those activities— 
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(A) to sustain and enhance fish and wild-
life habitat restoration and protection activities; 
(B) to improve and maintain water quality 
to support fish and wildlife, as well as the habi-
tats of fish and wildlife; 
(C) to sustain and enhance water manage-
ment for volume and flood damage mitigation 
improvements to benefit fish and wildlife habi-
tat; 
(D) to improve opportunities for public ac-
cess to, and recreation in and along, the New 
River consistent with the ecological needs of 
fish and wildlife habitat; 
(E) to maximize the resilience of natural 
systems and habitats under changing watershed 
conditions; 
(F) to engage the public through outreach, 
education, and citizen involvement to increase 
capacity and support for coordinated water 
quality restoration and protection activities re-
lating to the New River; 
(G) to increase scientific capacity to sup-
port the planning, monitoring, and research ac-
tivities necessary to carry out coordinated water 
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quality restoration and protection activities re-
lating to the New River; and 
(H) to provide technical assistance to carry 
out water quality restoration and protection ac-
tivities relating to the New River. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) PROGRAM.—The term ‘‘program’’ means 
the California New River Public Health and Water 
Quality Restoration Program established under sec-
tion 203(a). 
(2) WATER QUALITY RESTORATION AND PRO-
TECTION.—The term ‘‘water quality restoration and 
protection’’, with respect to the New River water-
shed, means— 
(A) the enhancement of water quality and 
stormwater management; and 
(B) the use of natural and green infra-
structure to enhance the ability of the water-
shed to capture pollutants and reduce runoff to 
prevent flooding. 
SEC. 203. CALIFORNIA NEW RIVER PUBLIC HEALTH AND 
WATER QUALITY RESTORATION PROGRAM. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, subject to the avail-
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ability of appropriations provided specifically for this pur-
pose, the Administrator shall establish a Geographic Pro-
gram, to be known as the ‘‘California New River Public 
Health and Water Quality Restoration Program’’. 
(b) DUTIES.—In carrying out the program, the Ad-
ministrator shall— 
(1) carry out projects, plans, and initiatives for 
the New River that are supported by the California- 
Mexico Border Relations Council, and work in con-
sultation with applicable management entities, in-
cluding representatives of the Calexico New River 
Committee, the California-Mexico Border Relations 
Council, the New River Improvement Project Tech-
nical Advisory Committee, the Federal Government, 
State and local governments, and regional and non-
profit organizations, to carry out water quality res-
toration and protection activities relating to the New 
River; 
(2) carry out activities that— 
(A) develop, using monitoring, data collec-
tion, and assessment, a shared set of science- 
based water quality restoration and protection 
activities identified in accordance with para-
graph (1); 
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(B) support the implementation of a 
shared set of science-based water quality res-
toration and protection activities identified in 
accordance with paragraph (1), including water 
reuse projects, water recycling projects, and 
natural and green infrastructure projects; 
(C) target cost-effective projects with 
measurable results; and 
(D) maximize public health and water 
quality conservation outcomes; and 
(3) provide grants, agreements, and technical 
assistance in accordance with section 205. 
(c) COORDINATION.—In establishing the program, 
the Administrator shall consult, as appropriate, with— 
(1) the heads of Federal agencies, including— 
(A) the Secretary of the Interior; 
(B) the Secretary of Agriculture; 
(C) the Secretary of Homeland Security; 
(D) the Administrator of General Services; 
(E) the Commissioner of U.S. Customs 
and Border Protection; 
(F) the Commissioner; 
(G) the Secretary of the Army, acting 
through the Chief of Engineers; 
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(H) the Administrator of the National 
Oceanic and Atmospheric Administration; 
(I) the Director of the United States Fish 
and Wildlife Service; and 
(J) the head of any other applicable agen-
cy, as determined by the Administrator; 
(2) the Governor of California; 
(3) the California Environmental Protection 
Agency; 
(4) the California State Water Resources Con-
trol Board; 
(5) the California Department of Water Re-
sources; 
(6) the Colorado River Basin Regional Water 
Quality Control Board; 
(7) the Imperial Irrigation District; 
(8) the Salton Sea Authority; 
(9) the County of Imperial; 
(10) other public agencies and organizations 
with authority for the planning and implementation 
of conservation strategies relating to the New River 
in the United States and Mexico, as determined by 
the Administrator; and 
(11) representatives of the North American De-
velopment Bank. 
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(d) COOPERATIVE AGREEMENTS AND MEMORANDA 
OF UNDERSTANDING.— 
(1) IN GENERAL.—To achieve the purposes of 
this title, the Administrator may enter into coopera-
tive agreements and memoranda of understanding 
with— 
(A) the heads of other Federal agencies, 
States, State agencies, units of local govern-
ment, regional governmental bodies, and private 
entities; and 
(B) in cooperation with the Secretary, the 
Government of Mexico. 
(2) USE OF AGREEMENTS.—The Administrator 
may enter into the cooperative agreements and 
memoranda of understanding described in paragraph 
(1)— 
(A) to carry out the activities described in 
this section, including studies, plans, construc-
tion, and completion of projects to improve the 
water quality of, environment of, and public 
health around the New River; and 
(B) to carry out a pilot project under 
which the Administrator shall, for projects se-
lected by the Administrator that would other-
wise not be successful in improving the water 
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quality of, environment of, and public health of 
people residing in areas surrounding the New 
River— 
(i) identify the parties responsible for 
the projects; and 
(ii) provide funds to those parties for 
the operations and maintenance of the 
projects. 
(3) TERM.—The cooperative agreements and 
memoranda of understanding described in paragraph 
(1) shall be limited to a specified period of time, as 
determined by the Administrator. 
(4) FINANCIAL ARRANGEMENTS.— 
(A) IN
GENERAL.—If the Administrator 
enters into a cooperative agreement or memo-
randum of understanding described in para-
graph (1), the Administrator may require the 
other party to the agreement or memorandum 
to provide payment to the Administrator. 
(B) DEPOSIT.—Any amounts received as a 
payment under subparagraph (A) shall be de-
posited into the State and Tribal Assistance 
Grants account of the Environmental Protec-
tion Agency and shall remain available, without 
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further appropriation, to carry out the purposes 
of this title. 
(5) PERSONNEL; SERVICES; TECHNICAL ASSIST-
ANCE.—The Administrator may provide or accept 
personnel, services, and technical assistance pursu-
ant to a cooperative agreement or memorandum of 
understanding described in paragraph (1), with or 
without reimbursement, for the purposes of carrying 
out the agreement or memorandum. 
SEC. 204. WATER QUALITY ACTION PLAN. 
(a) DEVELOPMENT.— 
(1) IN GENERAL.—The Administrator, in con-
sultation with the entities described in section 
203(c), shall develop an action plan for the purpose 
of improving and protecting the water quality of the 
New River watershed. 
(2) REQUIREMENTS.—The action plan under 
paragraph (1) shall— 
(A) build on and incorporate any existing 
efforts and plans to improve and protect the 
water quality of the New River, whether ongo-
ing or completed; and 
(B) include— 
(i) such features as are needed to im-
prove and protect the quality of waste-
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water, stormwater runoff, and other un-
treated flows; 
(ii) criteria for selecting— 
(I) water quality restoration and 
protection projects; and 
(II) projects on the priority list 
under subsection (c)(1); 
(iii) the amounts necessary for the op-
erations and maintenance of infrastructure 
existing on and constructed after the date 
of enactment of this Act; and 
(iv) potential sources of funding to 
help pay the costs described in clause (iii). 
(3) OPERATIONS
AND
MAINTENANCE
FUND-
ING.— 
(A) IN GENERAL.—In developing the ac-
tion plan under paragraph (1), the Adminis-
trator, working with the entities described in 
section 203(c), shall assess and identify poten-
tial alternative sources and approaches for fi-
nancing infrastructure projects, including fi-
nancing the operations and maintenance of 
those infrastructure projects. 
(B) REQUIREMENT.—In carrying out sub-
paragraph (A), the Administrator shall assess 
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the approaches identified in the report of the 
Environmental Financial Advisory Board enti-
tled ‘‘Evaluating Stormwater Infrastructure 
Funding and Financing’’ and dated March 
2020. 
(b) 
ISSUANCE; 
UPDATES.—The 
Administrator 
shall— 
(1) not later than 1 year after the date of en-
actment of this Act, issue the action plan under sub-
section (a)(1); and 
(2) every 5 years after the date on which the 
action plan is issued under paragraph (1), update 
the action plan. 
(c) PRIORITY LIST.— 
(1) IN GENERAL.—The action plan under sub-
section (a)(1) shall include a priority list of potential 
or proposed water quality restoration and protection 
projects for the New River watershed that— 
(A) provides for the management of waste-
water or stormwater or the removal of debris, 
sediment, chemicals, bacteria, and other con-
taminants from the water flowing north into the 
United States; 
(B) estimates the costs and identifies the 
entities that will fund the construction, oper-
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ation, and maintenance of each project on the 
priority list; 
(C) is developed in coordination with the 
entities described in section 203(c); 
(D) assists agencies to coordinate funding; 
and 
(E) identifies projects— 
(i) in the New River watershed; and 
(ii) that address transboundary flows 
that affect coastal communities in and 
near the New River watershed. 
(2) DEVELOPMENT.—In developing the priority 
list under paragraph (1), the Administrator shall— 
(A) use the best available science, includ-
ing any relevant findings and recommendations 
of a watershed assessment conducted by Fed-
eral, State, and local agencies; 
(B) carry out and fund science develop-
ment, monitoring, or modeling as needed to in-
form project development and assessment; and 
(C) include, in order of priority, potential 
or proposed water quality or stormwater 
projects for the restoration and protection of 
the New River that— 
(i) would help— 
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(I) to achieve and maintain the 
water quality standards for— 
(aa) public health; 
(bb) recreational opportuni-
ties; 
(cc) scenic resources; and 
(dd) wildlife and habitat; 
and 
(II) to address water needs in the 
New 
River 
watershed, 
including 
through water reuse and water recy-
cling; and 
(ii) would identify responsible agencies 
and funding sources through coordinated 
efforts by the entities described in section 
203(c). 
SEC. 205. GRANTS, INTERAGENCY AND OTHER AGREE-
MENTS, AND ASSISTANCE. 
(a) IN GENERAL.—In order to carry out the purposes 
of the program as described in section 201(b) and imple-
ment priority projects identified under section 204(c), the 
Administrator may— 
(1) provide grants and technical assistance to 
the Commissioner, State and local governments, 
Tribal governments, the North American Develop-
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ment Bank, entities described in section 203(c)(9), 
nonprofit organizations, and institutions of higher 
education, in both the United States and Mexico; 
and 
(2) enter into interagency agreements with 
other Federal agencies. 
(b) CRITERIA.—The Administrator, in consultation 
with the entities described in section 203(c), shall develop 
criteria for providing grants and technical assistance and 
entering into interagency agreements under subsection (a) 
to ensure that activities carried out under an interagency 
agreement or using those grants or technical assistance— 
(1) accomplish 1 or more of the purposes iden-
tified in section 201(b); and 
(2) advance the implementation of priority 
projects identified under section 204(c). 
(c) COST SHARING.—The Administrator may estab-
lish a Federal share requirement for any project carried 
out using any assistance provided under this section on 
an individual project basis. 
(d) ADMINISTRATION.— 
(1) IN
GENERAL.—The Administrator may 
enter into an agreement to manage the implementa-
tion of this section with the North American Devel-
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opment Bank or a similar organization that offers 
grant management services. 
(2) FUNDING.—If the Administrator enters into 
an agreement under paragraph (1), the organization 
selected shall— 
(A) for each fiscal year, receive amounts to 
carry out this section in an advance payment of 
the entire amount on the date of enactment of 
an appropriations Act making appropriations to 
the Administrator for a fiscal year, or as soon 
as practicable thereafter; and 
(B) otherwise administer the implementa-
tion of this section to support partnerships be-
tween the public and private sectors in accord-
ance with this title. 
(e) CONSTRUCTION, OPERATION, 
AND
MAINTE-
NANCE.—The Commissioner may construct, operate, and 
maintain any project carried out using funds made avail-
able to carry out this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Administrator to carry out this 
section $50,000,000 for each of fiscal years 2026 
through 2036, to remain available until expended. 
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(2) SET ASIDE.—Of amounts made available to 
carry out this section, the Administrator may use 
not more than 5 percent for grants under this sec-
tion for salaries, expenses, and administration. 
(3) TRANSFER.—The Administrator may trans-
fer amounts made available under this subsection to 
the Commissioner as the Administrator determines 
necessary to carry out this section. 
SEC. 206. ANNUAL BUDGET PLAN. 
The President, as part of the annual budget submis-
sion of the President to Congress under section 1105(a) 
of title 31, United States Code, shall submit estimated ex-
penditures and proposed appropriations for projects under 
this title, including administrative needs and expenses, for 
the current year, budget year, and 5 outyears (as those 
terms are defined in section 250(c) of the Balanced Budg-
et and Emergency Deficit Control Act of 1985 (2 U.S.C. 
900(c))), including for projects included in the priority list 
under section 204(c), for each Federal agency described 
in section 203(c)(1). 
SEC. 207. REPORTS. 
Not later than 1 year after the date of enactment 
of this Act, and every 2 years thereafter, the Adminis-
trator shall submit to Congress a report on the implemen-
tation of this title, including— 
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(1) a description of— 
(A) each project that has received funding 
pursuant to this title; and 
(B) the status of all projects that have re-
ceived funding pursuant to this title that are in 
progress on the date of submission of the re-
port; and 
(2) an assessment of the effectiveness of the op-
eration and maintenance of each project that has 
been carried out pursuant to this title. 
TITLE III—BORDER WATER IN-
FRASTRUCTURE 
IMPROVE-
MENT 
SEC. 301. UNITED STATES-MEXICO BORDER WATER INFRA-
STRUCTURE PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means the United States Section of the Inter-
national Boundary and Water Commission, a State, 
a local government, an Indian Tribe, or a water or 
wastewater district with jurisdiction over any area in 
the United States or Mexico that is located within 
100 kilometers of the United States-Mexico border. 
(2) ELIGIBLE PROJECT.— 
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(A) IN
GENERAL.—The term ‘‘eligible 
project’’ means a project for the construction of 
infrastructure for drinking water treatment or 
distribution, 
wastewater 
management, 
or 
stormwater management, including natural and 
green infrastructure and infrastructure for 
water reuse and water recycling, that— 
(i) addresses an existing human 
health or ecological issue; 
(ii) has an effect in the United States; 
(iii) with respect to wastewater man-
agement infrastructure the water dis-
charged from which will flow, directly or 
indirectly, into the United States, is de-
signed to meet, to the maximum extent 
practicable, all relevant water quality 
standards of the country in which the 
project is located, including, for projects 
located in the United States, any applica-
ble standards established under the Fed-
eral Water Pollution Control Act (33 
U.S.C. 1251 et seq.); 
(iv) is proposed by an eligible entity 
with legal authority— 
(I) to develop the project; 
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(II) to provide the proposed 
drinking water or wastewater services; 
and 
(III) to obtain necessary financ-
ing, including operations and mainte-
nance funding; 
(v) will comply with relevant State 
and local environmental and other laws 
(including regulations), including with re-
spect to— 
(I) obtaining any necessary oper-
ating permits and licenses; and 
(II) complying with any other 
regulatory requirements related to 
land acquisition and rights-of-way; 
and 
(vi) has the support of appropriate 
Mexican Federal and State agencies, in-
cluding the Comision Nacional del Agua 
(commonly known as ‘‘CONAGUA’’ or the 
Mexican National Water Commission) and 
any appropriate State or municipal water 
utility, if the project is located in Mexico. 
(B) EXCLUSIONS.—The term ‘‘eligible 
project’’ does not include a project— 
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(i) for new water supply; 
(ii) that threatens an ecosystem lo-
cated in the United States, or that is lo-
cated in both the United States and Mex-
ico, if the project causes a reduction in the 
flow of water; or 
(iii) to provide drinking water, waste-
water, or stormwater services to enable 
new development. 
(3) PROGRAM.—The term ‘‘program’’ means 
the program established under subsection (b). 
(b) 
ESTABLISHMENT.—The 
Administrator 
shall 
carry out a program to provide financial assistance, tech-
nical assistance, or a combination of financial and tech-
nical assistance to eligible entities for activities related to 
eligible projects, including feasibility studies, planning 
studies, environmental assessments, financial analyses, 
community participation efforts, and architectural, engi-
neering, planning, design, construction, and operations 
and maintenance activities. 
(c) CONSULTATION.—In carrying out the program, 
the Administrator shall consult with the North American 
Development Bank. 
(d) COORDINATION.—In carrying out the program, 
the Administrator shall coordinate with Federal, State, 
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local, and Tribal entities in the border region, including 
the Department of Homeland Security, the International 
Boundary and Water Commission, and relevant State 
agencies. 
(e) PROJECT SELECTION.— 
(1) IN
GENERAL.—In selecting projects for 
which to provide assistance under the program, the 
Administrator shall select projects in accordance 
with— 
(A) paragraph (2); and 
(B) any other criteria determined appro-
priate by the Administrator. 
(2) PRIORITIZATION.—In carrying out para-
graph (1), the Administrator shall prioritize projects 
that— 
(A) are identified in an action plan under 
section 104(a)(1) or 204(a)(1); or 
(B)(i) are likely to have the greatest posi-
tive effects relating to the environment and 
public health; 
(ii) will result in benefits on the United 
States side of the United States-Mexico border; 
(iii) address the most urgent public health 
and environmental needs, as determined by the 
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heads of the Regional offices for Regions 6 and 
9 of the Environmental Protection Agency; and 
(iv) maximize sustainable practices, such 
as water reuse and water recycling, natural and 
green infrastructure, water efficiency, and con-
servation. 
(f) TERMS
AND CONDITIONS.—The Administrator 
may establish such terms and conditions on assistance 
provided under the program as the Administrator deter-
mines appropriate. 
(g) COST SHARE.—The Administrator may establish 
a Federal share requirement for any project carried out 
using any assistance provided under this section on an in-
dividual project basis. 
TITLE IV—MISCELLANEOUS 
SEC. 401. ROLE OF THE COMMISSIONER AND INTER-
NATIONAL AGREEMENTS. 
(a) WASTEWATER AND STORMWATER AUTHORITY.— 
The Commissioner may study, design, construct, operate, 
and maintain projects to manage, improve, and protect the 
quality of wastewater, stormwater runoff, and other un-
treated flows in the Tijuana River watershed and the New 
River watershed. 
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(b) TIJUANA AND NEW RIVER PROJECTS WITHIN 
THE UNITED STATES.—The Secretary, acting through the 
Commissioner, shall— 
(1) construct, operate, and maintain projects 
that— 
(A) are on a priority list developed under 
section 104(c) or 204(c); 
(B) are within the United States; and 
(C) improve the water quality of the Ti-
juana River watershed or the New River water-
shed, as applicable; and 
(2) use available funds, including funds received 
under this Act, to construct, operate, and maintain 
the projects described in paragraph (1). 
(c) AGREEMENTS WITH MEXICO.—The Secretary, 
acting through the Commissioner, may execute an agree-
ment with the appropriate official or officials of the Gov-
ernment of Mexico for— 
(1) the joint study and design of stormwater 
control and water quality projects; and 
(2) on approval of the necessary plans and 
specifications of the projects described in paragraph 
(1), the construction, operation, and maintenance of 
those projects by the United States and Mexico, in 
accordance with the treaty relating to the utilization 
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of the waters of the Colorado and Tijuana Rivers, 
and of the Rio Grande (Rio Bravo) from Fort 
Quitman, Texas, to the Gulf of Mexico, and supple-
mentary protocol, signed at Washington February 3, 
1944 (59 Stat. 1219), between the United States 
and Mexico. 
(d) FUNDING.—A project located wholly or partially 
within Mexico shall be eligible for funding under a pro-
gram established under title I, II, or III if the project is— 
(1) identified under and consistent with an ac-
tion plan under section 104(a)(1) or 204(a)(1); and 
(2) approved by the Administrator. 
(e) SAVINGS PROVISION.—Nothing in this section 
limits the authority of the International Boundary and 
Water Commission under this Act or any other provision 
of law. 
Æ 
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