Nogales Wastewater Improvement Act of 2022
Bill: S.4548 | Sponsor: Sen. Sinema, Kyrsten (D-AZ)
Policy area: Environmental Protection

Summary:
Nogales Wastewater Improvement Act of 2022
This bill establishes requirements to address wastewater from the International Outfall Interceptor, which is a pipeline that carries wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant. The plant, which is located in Rio Rico, Arizona, treats sewage and wastewater originating from Nogales, Mexico, and Nogales, Arizona.
The bill transfers the ownership, operations, and maintenance of the pipeline from the city of Nogales, Arizona, to the U.S. Section of the International Boundary and Water Commission. The commission must construct, operate, and maintain a debris screen at the pipeline's Manhole One for intercepting debris and drugs coming into the United States from Nogales, Mexico.
The bill also limits the portion of the costs that the city of Nogales, Arizona, must pay for the Nogales sanitation project.

To provide for the assumption of full ownership and control of the 
     International Outfall Interceptor in Nogales, Arizona, by the 
  International Boundary and Water Commission, 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. 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 striking the period at 
the end and inserting ``: Provided further, That the equitable portion 
of the Nogales sanitation project for the city of Nogales, Arizona, 
shall be limited 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 International 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 International Wastewater Treatment Plant.
            (4) Nogales international wastewater treatment plant.--The 
        term ``Nogales International Wastewater Treatment Plant'' means 
        the wastewater treatment plant that--
                    (A) is operated by the Commission;
                    (B) is located in Rio Rico, Santa Cruz County, 
                Arizona, after manhole 99; and
                    (C) treats sewage and wastewater originating 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 International 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 expeditiously 
                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 operations and maintenance of the International Outfall 
        Interceptor.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Commission to carry out this 
        subsection, to remain available 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.--
            (1) Debris screen required.--
                    (A) In general.--The Commission shall construct, 
                operate, and maintain a debris screen at Manhole One of 
                the International Outfall Interceptor for intercepting 
                debris and drug bundles 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 coordinate--
                            (i) the removal of drug bundles and other 
                        illicit goods caught in the debris screen; and
                            (ii) other operations at the International 
                        Outfall Interceptor that require coordination.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Commission, 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
                    (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 section 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 International Outfall 
Interceptor due to excess inflow to the International Outfall 
Interceptor originating from Nogales, Sonora, Mexico.
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