H. R. 4794
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of
2000 to extend the authorization of appropriations, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ACTIONS TO BE TAKEN.
(a) SECONDARY TREATMENT.—Section 804(a)(1) of the Tijuana
River Valley Estuary and Beach Sewage Cleanup Act of 2000 (22
U.S.C. 277d–44(a)(1); 114 Stat. 1978) is amended by striking ‘‘Sub-
ject to’’ and all that follows through ‘‘of this Act,’’ and inserting
‘‘Pursuant to Treaty Minute 311 to the Treaty for the Utilization
of Waters of the Colorado and Tijuana Rivers and of the Rio
Grande, dated February 3, 1944,’’.
(b) CONTRACT.—Section 804(c) of such Act is amended as fol-
lows:
(1) By striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—Notwithstanding any provision of Fed-
eral procurement law, the Commission may enter into a
multiyear 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 con-
tract, subject to the availability of appropriations and subject
to the terms of paragraph (2).’’.
(2) In paragraph (2)(I) by striking ‘‘, with such annual
payment’’ and all that follows through the period at the end
and inserting ‘‘, including costs associated with the purchase
of any insurance or other financial instrument under subpara-
graph (K). Costs associated with the purchase of such insurance
or other financial instrument may be amortized over the term
of the contract.’’.
(3) In paragraph (2) by redesignating subparagraphs (J)
through (P) as subparagraphs (L) through (R), respectively,
and by inserting after subparagraph (I) the following:
‘‘(J) Neither the Commission nor the United States
Government shall be liable for payment of any cancellation
fees if the Commission cancels the contract.
‘‘(K) The owner of the Mexican facility may purchase
insurance or other financial instrument to cover the risk
of cancellation of the contract by the Commission. Any
such insurance or other financial instrument shall not be
provided or guaranteed by the United States Government,
and the Government may reserve the right to validate
independently the reasonableness of the premium when
negotiating the annual service fee with the owner.’’.
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(4) By striking paragraphs (2)(L) and (2)(M) (as redesig-
nated by paragraph (3) of this subsection) and inserting the
following:
‘‘(L) Transfer of ownership of the Mexican facility to
an appropriate governmental entity, other than the United
States, if the Commission cancels the contract.
‘‘(M) Transfer of ownership of the Mexican facility to
an appropriate governmental entity, other than the United
States, if the owner of the Mexican facility fails to perform
under the contract.’’.
(5) In paragraph (2)(N) (as redesignated by paragraph (3)
of this subsection) by inserting after ‘‘competitive procedures’’
the following: ‘‘under applicable law’’.
SEC. 2. IMPLEMENTATION OF NEW TREATY MINUTE.
Section 805 of the Tijuana River Valley Estuary and Beach
Sewage Cleanup Act of 2000 (22 U.S.C. 277d–45; 114 Stat. 1980)
is amended—
(1) in the section heading striking ‘‘NEGOTIATION OF’’; and
(2) by adding at the end the following:
‘‘(c) IMPLEMENTATION.—In light of the continuing 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 region, the Commission is requested to give
the highest priority to the implementation of Treaty Minute 311
to the Treaty for the Utilization of Waters of the Colorado and
Tijuana Rivers and of the Rio Grande, dated February 3, 1944,
which establishes a framework for the siting of a treatment facility
in Mexico to provide for the secondary treatment of effluent from
the IWTP at the Mexican facility, to provide for additional capacity
for advanced primary and secondary treatment of additional sewage
emanating from the Tijuana River area, Mexico, and to meet the
water quality standards of Mexico, the United States, and the
State of California consistent with the provisions of this title, in
order that the other provisions of this title to address such pollution
may be implemented as soon as possible.’’.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 806 of the Tijuana River Valley Estuary and Beach
Sewage Cleanup Act of 2000 (22 U.S.C. 277d–46; 114 Stat. 1981)
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is amended by striking ‘‘a total of $156,000,000 for fiscal years
2001 through 2005’’ and inserting ‘‘such sums as may be necessary’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.