(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) 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 
(10) 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 border water infra-
structure program under section 301 and payments 
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received pursuant to paragraph (4)(A) to enter into 
cooperative agreements and memoranda of under-
standing with, and provide technical assistance to— 
(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 
shall 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 
quality of, environment of, and public health of 
people residing in areas surrounding the New 
River— 
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(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 
further appropriation, to carry out the purposes 
of this title. 
(5) PERSONNEL; SERVICES; TECHNICAL ASSIST-
ANCE.—The Administrator may provide or accept 
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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 PLAN. 
(a) DEVELOPMENT.— 
(1) IN GENERAL.—The Administrator, in con-
sultation with the entities described in section 
203(c), shall develop a plan for the purpose of im-
proving and protecting the water quality of the New 
River watershed. 
(2) REQUIREMENTS.—The plan under para-
graph (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-
water, stormwater runoff, and other un-
treated flows; 
(ii) criteria for selecting— 
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(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.—The Administrator, 
working with the entities described in section 
203(c), shall assess and identify potential alter-
native sources and approaches for financing in-
frastructure projects, including financing the 
operations and maintenance of those infrastruc-
ture 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 
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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 plan under subsection 
(a)(1); and 
(2) every 5 years after the date on which the 
plan is issued under paragraph (1), update the plan. 
(c) PRIORITY LIST.— 
(1) IN GENERAL.—The plan under subsection 
(a)(1) shall include a priority list of potential or pro-
posed 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-
ation, and maintenance of each project on the 
priority list; 
(C) is developed in coordination with the 
entities described in section 203(c); 
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(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— 
(I) to achieve and maintain the 
water quality standards for— 
(aa) public health; 
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(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, AGREEMENTS, AND ASSISTANCE. 
(a) IN GENERAL.—In order to carry out the purposes 
of the program as described in section 201(b), the Admin-
istrator may— 
(1) provide grants and technical assistance to 
the Commissioner, State and local governments, 
nonprofit organizations, and institutions of higher 
education, in both the United States and Mexico; 
and 
(2) enter into interagency agreements with 
other Federal agencies. 
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(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 proved 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-
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 
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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. 
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 for the current year, budget year, and 5 outyears 
(as those terms are defined in section 250(c) of the Bal-
anced Budget 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). 
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SEC. 207. REPORTS. 
Not later than 180 days 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— 
(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 
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the United States or Mexico that is located within 
100 kilometers of the United States-Mexico border. 
(2) ELIGIBLE PROJECT.— 
(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.); 
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(iv) is proposed by an eligible entity 
with legal authority— 
(I) to develop the project; 
(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 de Agua 
(commonly known as ‘‘CONAGUA’’ or the 
Mexican National Water Commission) and 
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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— 
(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 assistance to eligible enti-
ties for activities related to eligible projects, including fea-
sibility studies, planning studies, environmental assess-
ments, financial analyses, community participation efforts, 
and architectural, engineering, planning, design, construc-
tion, and operations and maintenance activities. 
(c) CONSULTATION.—In carrying out the program, 
the Administrator shall consult with the North American 
Development Bank. 
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(d) COORDINATION.—In carrying out the program, 
the Administrator shall coordinate with Federal, State, 
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 a plan developed pur-
suant to section 104 or 204; 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; 
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(iii) address the most urgent public health 
and environmental needs, as determined by the 
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 proved under this section on an indi-
vidual project basis. 
(h) REGIONAL ALLOCATIONS.—The amounts made 
available to carry out this section shall be made available 
in equal amounts for use by the Regional offices for Re-
gions 6 and 9 of the Environmental Protection Agency. 
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, 
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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. 
(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 
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(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 
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 the pro-
gram established under section 301(b) if the project is— 
(1) identified under and consistent with the re-
sults of the study under subsection (c)(1); and 
(2) approved pursuant to subsection (c)(2). 
(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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