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.
(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.—
(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.—
(1) INITIATION.—The Secretary is requested to
initiate negotiations with Mexico, within 60 days
after the date of the enactment of this Act, for a
new Treaty Minute or a modification of Treaty
Minute 283 consistent with the provisions of this
Act.
(2) IMPLEMENTATION.—Implementation of a
new Treaty Minute or of a modification of Treaty
Minute 283 under this Act shall be subject to the
provisions of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(3) MATTERS
TO
BE
ADDRESSED.—A new
Treaty Minute or a modification of Treaty Minute
283 under paragraph (1) should address, at a min-
imum, the following:
(A) The siting of treatment facilities in
Mexico and in the United States.
(B) Provision for the secondary treatment
of effluent from the IWTP at a Mexican facility
if such treatment is not provided for at a facil-
ity in the United States.
(C) Provision for additional capacity for
advanced primary and secondary treatment of
additional sewage emanating from the Tijuana
River area, Mexico, in addition to the treatment
capacity for the advanced primary effluent from
the IWTP at the Mexican facility.
(D) Provision for any and all approvals
from Mexican authorities necessary to facilitate
water quality verification and enforcement at
the Mexican facility.
(E) Any terms and conditions considered
necessary to allow for use in the United States
of treated effluent from the Mexican facility, if
there is reclaimed water which is surplus to the
needs of users in Mexico and such use is con-
sistent with applicable United States and Cali-
fornia law.
(F) Any other terms and conditions consid-
ered necessary by the Secretary in order to im-
plement the provisions of this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
Passed the House of Representatives September 12,
2000.
Attest:
Clerk.