I 
117TH CONGRESS 
2D SESSION 
H. R. 8426 
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 19, 2022 
Mr. GRIJALVA (for himself and Mrs. KIRKPATRICK) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure 
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 2022’’. 
SEC. 2. AMENDMENT TO THE ACT OF JULY 27, 1953. 
The first section of the Act of July 27, 1953 (67 Stat. 
195, chapter 242; 22 U.S.C. 277d–10), is amended by 
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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.’’. 
SEC. 3. NOGALES SANITATION PROJECT. 
(a) DEFINITIONS.—In this section: 
(1) CITY.—The term ‘‘City’’ means the City of 
Nogales, Arizona. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the United States Section of the Inter-
national Border and Water Commission. 
(3) INTERNATIONAL OUTFALL INTERCEPTOR.— 
The term ‘‘International Outfall Interceptor’’ means 
the pipeline that conveys wastewater from the 
United States-Mexico border to the Nogales Inter-
national Wastewater Treatment Plant. 
(4) NOGALES
INTERNATIONAL
WASTEWATER 
TREATMENT
PLANT.—The term ‘‘Nogales Inter-
national Wastewater Treatment Plant’’ means the 
wastewater treatment plant that— 
(A) is operated by the Commission; 
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(B) is located in Rio Rico, Santa Cruz 
County, Arizona, after manhole 99; and 
(C) treats sewage and wastewater origi-
nating from— 
(i) Nogales, Sonora, Mexico; and 
(ii) Nogales, Arizona. 
(b) OWNERSHIP AND CONTROL.— 
(1) IN
GENERAL.—Subject to paragraph (2) 
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 current stake of the City in the 
International Outfall Interceptor to the Commission, 
the Commission shall enter into such agreements as 
are necessary to assume full ownership and control 
over the International Outfall Interceptor. 
(2) AGREEMENTS REQUIRED.—The Commission 
shall assume full ownership and control over the 
International Outfall Interceptor under paragraph 
(1) after all applicable governing bodies in the State 
of Arizona, including the City, have— 
(A) signed memoranda of understanding 
granting to the Commission access to existing 
easements for a right of entry to the Inter-
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national Outfall Interceptor for the life of the 
International Outfall Interceptor; 
(B) entered into an agreement with respect 
to the flows entering the International Outfall 
Interceptor that are controlled by the City; and 
(C) agreed to work in good faith to expedi-
tiously enter into such other agreements as are 
necessary for the Commission to operate and 
maintain the International Outfall Interceptor. 
(c) OPERATIONS AND MAINTENANCE.— 
(1) IN GENERAL.—Beginning on the date on 
which the Commission assumes full ownership and 
control of the International Outfall Interceptor 
under subsection (b)(1), but subject to subsection 
(e), the Commission shall be responsible for the op-
erations and maintenance of the International Out-
fall Interceptor. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Com-
mission to carry out this subsection, to remain avail-
able until expended— 
(A) $4,400,000 for fiscal year 2023; and 
(B) not less than $2,500,000 for fiscal 
year 2024 and each fiscal year thereafter. 
(d) DEBRIS SCREEN.— 
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(1) DEBRIS SCREEN REQUIRED.— 
(A) IN GENERAL.—The Commission shall 
construct, operate, and maintain a debris screen 
at Manhole One of the International Outfall In-
terceptor for intercepting debris and drug bun-
dles coming to the United States from Nogales, 
Sonora, Mexico. 
(B) REQUIREMENT.—In constructing and 
operating the debris screen under subparagraph 
(A), the Commission and the Commissioner of 
U.S. Customs and Border Protection shall co-
ordinate— 
(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 require 
coordination. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Com-
mission, to remain available until expended— 
(A) $11,900,000 for fiscal year 2023 for 
construction of the debris screen described in 
paragraph (1)(A); and 
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(B) $2,200,000 for fiscal year 2024 and 
each fiscal year thereafter for the operations 
and maintenance of the debris screen described 
in paragraph (1)(A). 
(e) LIMITATION OF CLAIMS.—Chapter 171 and sec-
tion 1346(b) of title 28, United States Code (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 section, including any claim arising 
from damages that result from overflow of the Inter-
national Outfall Interceptor due to excess inflow to the 
International 
Outfall 
Interceptor 
originating 
from 
Nogales, Sonora, Mexico. 
Æ 
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