Border Water Quality Restoration and Protection Act of 2021
This bill establishes programs that address water pollution along the U.S.-Mexico border.
Specifically, the bill requires the Environmental Protection Agency (EPA) to establish the Tijuana River Public Health and Water Quality Restoration Program. Under the program, the EPA must plan, implement, coordinate, and provide grants for public health and water quality restoration and protection activities in the Mexican Tijuana River watershed and the American Tijuana River watershed in California.
In addition, the EPA must establish the California New River Public Health and Water Quality Restoration Program to plan, implement, coordinate, and provide grants for water quality restoration and protection activities in the New River watershed.
Finally, the bill provides statutory authority for the U.S.-Mexico Border Water Infrastructure Program to provide assistance for activities related to the construction of infrastructure for drinking water treatment or distribution, wastewater management, or stormwater management.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1663 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1663
To provide for the water quality restoration of the Tijuana River and
the New River, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2021
Mr. Vargas (for himself, Mr. Levin of California, Mr. Peters, Ms.
Jacobs of California, Mr. Issa, and Mr. Ruiz) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committees on Energy and
Commerce, Natural Resources, Foreign Affairs, and the Budget, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for the water quality restoration of the Tijuana River and
the New River, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border Water
Quality Restoration and Protection Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION
Sec. 101. Findings; purpose.
Sec. 102. Definitions.
Sec. 103. Tijuana River Public Health and Water Quality Restoration
Program.
Sec. 104. Water quality plan.
Sec. 105. Grants, agreements, and assistance.
Sec. 106. Annual budget plan.
Sec. 107. Reports.
TITLE II--NEW RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION
Sec. 201. Findings; purpose.
Sec. 202. Definitions.
Sec. 203. California New River Public Health and Water Quality
Restoration Program.
Sec. 204. Water quality plan.
Sec. 205. Grants, agreements, and assistance.
Sec. 206. Annual budget plan.
Sec. 207. Reports.
TITLE III--BORDER WATER INFRASTRUCTURE IMPROVEMENT
Sec. 301. United States-Mexico border water infrastructure program.
TITLE IV--MISCELLANEOUS
Sec. 401. Role of the Commissioner and international agreements.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of the United States Section of the International
Boundary and Water Commission.
(3) Mexican.--The term ``Mexican'' means, as applicable,
the Federal, State, and local governments of Mexico.
(4) New river.--The term ``New River'' means the river that
starts in Mexicali, Mexico, flows north into the United States
through Calexico, passes through the Imperial Valley, and
drains into the Salton Sea.
(5) Secretary.--The term ``Secretary'' means the Secretary
of State.
(6) Tijuana river.--The term ``Tijuana River'' means the
river that rises in the Sierra de Juarez in Mexico, flows
through the City of Tijuana and then north into the United
States, passes through the Tijuana River estuary, and drains
into the Pacific Ocean.
(7) Water reuse.--The term ``water reuse'' has the meaning
given the term in the document of the Environmental Protection
Agency entitled ``National Water Reuse Action Plan
Collaborative Implementation (Version 1)'' and dated February
2020.
TITLE I--TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION
SEC. 101. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the Tijuana River flows across the United States-Mexico
border, through the southern United States, and into the
Pacific Ocean;
(2) \3/4\ of the 1,750 square mile watershed of the Tijuana
River lies in Mexico, and the remaining \1/4\ includes the
Tijuana River National Estuarine Research Reserve in the United
States;
(3) the Tijuana River National Estuarine Research Reserve
is a partnership of Federal and State agencies, including the
National Oceanic and Atmospheric Administration, California
State Parks, and the United States Fish and Wildlife Service;
(4) the Tijuana River is a significant estuary and
watershed, providing--
(A) economic and health benefits to the citizens of
the United States and Mexico; and
(B) environmental benefits as critical habitat to
shore birds;
(5) the economy of communities in southern California,
including smaller communities, such as the City of Imperial
Beach, and larger municipalities, such as the City of San
Diego, may be significantly affected if the natural beauty and
recreational opportunities of the Tijuana River are degraded;
(6) the Tijuana River watershed is in the midst of an
environmental crisis, as stormwater flows from the upper
watershed, originating in Tijuana, Mexico, carrying pollutants
such as bacteria, trash, and sediment that severely affect
water quality;
(7) coastal communities in and near the Tijuana River
watershed are also affected, during certain tidal events, by a
combination of treated wastewater and chlorinated-only
wastewater discharged from the San Antonio de los Buenos
wastewater treatment plant located 5 miles south of the United
States-Mexico border in Tijuana;
(8) as reported by the Government Accountability Office in
February 2020, transboundary flows of untreated sewage,
combined with unmanaged stormwater, bring bacteria and other
contaminants into the Tijuana River Valley watershed and
beaches in the United States;
(9) sediment flows into the Tijuana River National Wildlife
Refuge and blocks the flow of ocean water and creating an
imbalance in water salinity, necessary for marsh plants, fish,
and birds;
(10) the City of Imperial Beach has closed beach access \1/
3\ of each year for several years before the date of enactment
of this Act due to risk to human health;
(11) flows of untreated sewage, chemicals, and pollution
from Mexico jeopardize the health of Border Patrol agents and
limiting the ability of those agents to operate in areas
affected by these flows;
(12) in the 2 years before the date of enactment of this
Act, local Border Patrol union officials have reported that
over 100 officers have suffered from contamination, rashes,
infections, chemical burns, and lung irritation due to toxic
cross-border flows;
(13) a March 2020 report of the Environmental Financial
Advisory Board of the Environmental Protection Agency--
(A) found that--
(i) ``stormwater knows no jurisdictional
boundaries . . . and is a principal cause of
water quality issues nationwide''; and
(ii) adequate funding to manage stormwater
pollution lags behind the investments made in
wastewater management and the delivery of safe
drinking water by decades; and
(B) concluded that Federal investment will be
required to address--
(i) the lack of State and local funding;
and
(ii) multi-jurisdictional stormwater
management needs;
(14) during the 10-year period before the date of enactment
of this Act, Federal, State, and local governments and others
have identified the benefits of using natural and green
infrastructure to control and manage stormwater runoff,
including wetlands, coastal dunes, and retention structures;
(15) during the 20-year period before the date of enactment
of this Act, the United States and Mexico, through the
International Boundary and Water Commission, have agreed to
resolve the pollution problems in the Tijuana River;
(16) the International Boundary and Water Commission has
negotiated 8 minutes to resolve water quality problems in the
Tijuana River, among other subjects;
(17) 1 of the most recent minutes authorized the
construction of the South Bay International Wastewater
Treatment Plant in San Ysidro to treat, on average, 25,000,000
gallons of sewage from Tijuana per day, which has reduced the
sewage coming into the United States;
(18) the sewer system of Tijuana is--
(A) aging and deteriorating; and
(B) insufficient to meet the needs of a quickly
growing population;
(19) in February 2017, 1 of the main sewer collectors of
Tijuana broke, sending an estimated 143,000,000 gallons of raw
sewage into the United States, which was not the only time such
a break occurred;
(20) from February to July of 2019, an estimated
4,500,000,000 gallons of wastewater, treated water, and
stormwater flowed from Mexico to the United States;
(21) in June and July 2019, there were 3 sewer collector
breaks, resulting in a total discharge of raw sewage of almost
2,000,000 gallons;
(22) a 2019 study entitled ``Tijuana River Diversion Study:
Flow Estimates, Infrastructure Diagnostic, and Alternatives
Development'' estimated that from 2009 through 2016,
transboundary flows occurred on average 138 days each year;
(23) those transboundary flows contain treated wastewater,
raw sewage, and urban runoff, with most of those flows
associated with wet weather and stormwater;
(24) the study described in paragraph (22)--
(A) found that improving the operational
reliability of the existing diversion system of the
South Bay could reduce the number of days that
transboundary flows occurred; but
(B) estimated that there would still be on average
90 days of transboundary flows each year;
(25) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) has established a stormwater permit program under
the National Pollutant Discharge Elimination System, under
which municipalities have the responsibility to manage and
treat stormwater;
(26) because of the international border and different
treatment systems and standards, discharges in Mexico to the
Tijuana River are not treated to the same standards as the
standards to which discharges would be treated in the United
States;
(27) the International Boundary and Water Commission
negotiated Minute 320 to find solutions for water quality,
trash, and sediment in the Tijuana River;
(28) the United States has--
(A) invested at least $250,000,000 for secondary
wastewater treatment in the Tijuana River Valley by the
International Boundary and Water Commission; and
(B) paid $18,000,000 to operate and maintain the
plant in fiscal year 2018;
(29) the United States has also helped fund water and
wastewater infrastructure along the border through the Border
Water Infrastructure Program and the North American Development
Bank;
(30) however, as the Government Accountability Office found
in the report described in paragraph (8), the long-standing
environmental and health problems associated with transboundary
stormwater flows continue, while the International Boundary and
Water Commission has not taken actions to resolve existing
problems by proposing and analyzing alternatives, analyzing
costs, identifying solutions, or establishing time frames; and
(31) significant additional investment from Federal, State,
local, and Mexican resources is needed to improve the water
quality of the Tijuana River watershed.
(b) Purposes.--The purposes of this title are--
(1) to establish a program to plan and implement water
quality restoration and protection activities;
(2) to ensure the coordination of restoration and
protection activities among Mexican, Federal, State, local, and
regional entities and conservation partners relating to water
quality and stormwater management in the Mexican Tijuana River
watershed and the American Tijuana River watershed; and
(3) to provide funding for water quality restoration and
protection activities in the Mexican Tijuana River watershed
and the American Tijuana River watershed.
SEC. 102. DEFINITIONS.
In this title:
(1) American tijuana river watershed.--The term ``American
Tijuana River watershed'' means the portion of the Tijuana
River watershed that lies in the United States.
(2) Mexican tijuana river watershed.--The term ``Mexican
Tijuana River watershed'' means the portion of the Tijuana
River watershed that lies in Mexico.
(3) Program.--The term ``program'' means the Tijuana River
Public Health and Water Quality Restoration Program established
under section 103(a).
(4) Water quality restoration and protection.--The term
``water quality restoration and protection'', with respect to
the Tijuana River watershed, means--
(A) the enhancement of water quality and stormwater
management; and
(B) the use of natural and green infrastructure to
enhance the ability of the watershed to capture
pollutants and reduce runoff to prevent flooding.
SEC. 103. TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION
PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a program, to
be known as the ``Tijuana River Public Health and Water Quality
Restoration Program''.
(b) Duties.--In carrying out the program, the Administrator shall--
(1) carry out projects, plans, and initiatives for the
Tijuana River and work in consultation with applicable
management entities, including representatives of the Federal
Government, State and local governments, and regional and
nonprofit organizations, to carry out public health and water
quality restoration and protection activities relating to the
Tijuana River;
(2) carry out activities that--
(A) develop, using monitoring, data collection, and
assessment, a shared set of science-based water quality
restoration and protection activities identified in
accordance with paragraph (1);
(B) support the implementation of a shared set of
science-based water quality restoration and protection
activities identified in accordance with paragraph (1),
including water reuse projects, water recycling
projects, and natural and green infrastructure
projects;
(C) target cost-effective projects with measurable
results; and
(D) maximize public health and water quality
conservation outcomes;
(3) coordinate the development of consistent Federal
policies, strategies, projects, and priorities for addressing
the public health and water quality restoration and protection
of the Tijuana River;
(4) coordinate a funding strategy among available funding
sources in the region; and
(5) provide grants, agreements, and technical assistance in
accordance with section 105.
(c) Coordination.--In establishing the program, the Administrator
shall consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Secretary;
(B) the Commissioner;
(C) the Secretary of Agriculture;
(D) the Secretary of Homeland Security;
(E) the Administrator of General Services;
(F) the Commissioner of U.S. Customs and Border
Protection;
(G) the Secretary of the Interior;
(H) the Secretary of the Army, acting through the
Chief of Engineers;
(I) the Administrator of the National Oceanic and
Atmospheric Administration;
(J) the Director of the United States Fish and
Wildlife Service; and
(K) the head of any other applicable agency, as
determined by the Administrator;
(2) the heads of State agencies, including--
(A) the Governor of California;
(B) the California Environmental Protection Agency;
(C) the California State Water Resources Control
Board;
(D) the California Department of Water Resources;
and
(E) the San Diego Regional Water Quality Control
Board;
(3) 2 representatives of affected units of local government
in the State, chosen on a rotating 3-year cycle by the Governor
of California, including representatives from the City of
Imperial Beach, the City of San Diego, the City of Chula Vista,
the City of Coronado, the Port of San Diego, and the County of
San Diego;
(4) 2 representatives of relevant nonprofit groups, chosen
on a rotating 3-year cycle by the Governor of California;
(5) other public agencies and organizations with authority
for the planning and implementation of conservation strategies
relating to the Tijuana River in the United States and Mexico,
as determined by the Administrator; and
(6) representatives of the North American Development Bank.
(d) Cooperative Agreements and Memoranda of Understanding.--
(1) In general.--To achieve the purposes of this title and
to ensure effective coordination of Federal and non-Federal
water quality restoration and protection activities, the
Administrator shall use amounts made available for the border
water infrastructure program under section 301 and payments
received pursuant to paragraph (4)(A) to enter into cooperative
agreements and memoranda of understanding with, and provide
technical assistance to--
(A) the heads of other Federal agencies, States,
State agencies, units of local government, 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, construction, and
completion of projects to improve the water quality of,
environment of, and public health around the Tijuana
River; and
(B) to carry out a pilot project under which the
Administrator shall, for projects selected by the
Administrator that would otherwise not be successful in
improving the water quality of, environment of, and
public health of people residing in areas surrounding
the Tijuana River--
(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 memorandum of understanding
described in paragraph (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 deposited into the
State and Tribal Assistance Grants account of the
Environmental Protection Agency and shall remain
available, without further appropriation, to carry out
the purposes of this title.
(5) Personnel; services; technical assistance.--The
Administrator may provide or accept personnel, services, and
technical assistance pursuant 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. 104. WATER QUALITY PLAN.
(a) Development.--
(1) In general.--The Administrator, in consultation with
the entities described in section 103(c), shall develop a plan
for the purpose of improving and protecting the water quality
of the Tijuana River watershed.
(2) Requirements.--The plan under paragraph (1) shall--
(A) build on and incorporate any existing efforts
and plans to improve and protect the water quality of
the Tijuana River watershed, including ongoing and
completed efforts and plans; and
(B) include--
(i) such features as are needed to improve
and protect the quality of wastewater,
stormwater runoff, and other untreated flows;
(ii) criteria for selecting--
(I) water quality restoration and
protection projects; and
(II) projects on the priority list
under subsection (c)(1);
(iii) the amounts necessary for the
operations 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 funding.--
(A) In general.--The Administrator, working with
the entities described in section 103(c), shall assess
and identify potential alternative sources and
approaches for financing infrastructure projects,
including financing the operations and maintenance of
those infrastructure projects.
(B) Requirement.--In carrying out subparagraph (A),
the Administrator shall assess the approaches
identified in the report of the Environmental Financial
Advisory Board entitled ``Evaluating Stormwater
Infrastructure Funding and Financing'' and dated March
2020.
(b) Issuance; Updates.--The Administrator shall--
(1) not later than 1 year after the date of enactment 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 proposed water quality
restoration and protection projects for the Tijuana River
watershed that--
(A) provides for the management of wastewater or
stormwater or the removal of debris, sediment,
chemicals, bacteria, and other contaminants from the
water flowing north into the United States;
(B) estimates the costs and identifies the entities
that will fund the construction, operation, and
maintenance of each project on the priority list;
(C) is developed in coordination with the entities
described in section 103(c);
(D) assists agencies to coordinate funding; and
(E) identifies projects--
(i) in the Mexican Tijuana River watershed;
(ii) in the American Tijuana River
watershed; and
(iii) that address transboundary flows that
affect coastal communities in and near the
Tijuana River watershed.
(2) Development.--In developing the priority list under
paragraph (1), the Administrator shall--
(A) use the best available science, including any
relevant findings and recommendations of a watershed
assessment conducted by Federal, State, and local
agencies;
(B) carry out and fund science development,
monitoring, or modeling as needed to inform 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 Tijuana River that--
(i) would help--
(I) to achieve and maintain the
water quality standards for--
(aa) public health;
(bb) recreational
opportunities;
(cc) scenic resources; and
(dd) wildlife and habitat;
and
(II) to address water needs in the
Tijuana River watershed, including
through water reuse and water
recycling; and
(ii) would identify responsible agencies
and funding sources through coordinated efforts
by the entities described in section 103(c).
SEC. 105. GRANTS, AGREEMENTS, AND ASSISTANCE.
(a) In General.--In order to carry out the purposes of the program
as described in section 101(b), the Administrator 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.
(b) Criteria.--The Administrator, in consultation with the entities
described in section 103(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 identified in
section 101(b); and
(2) advance the implementation of priority projects
identified under section 104(c).
(c) Cost Sharing.--The Administrator may establish 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 implementation of this section with the
North American Development 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 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 implementation of this
section to support partnerships between the public and
private sectors in accordance with this title.
(e) Construction, Operation, and Maintenance.--The Commissioner may
construct, operate, and maintain any project carried out using funds
made available to carry out this section.
SEC. 106. ANNUAL BUDGET PLAN.
The President, as part of the annual budget submission of the
President to Congress under section 1105(a) of title 31, United States
Code, shall submit estimated expenditures and proposed appropriations
for projects under this title for the current year, the budget year,
and 5 outyears (as those terms are defined in section 250(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c))), including for projects included in the priority list under
section 104(c), for each Federal agency described in section 103(c)(1).
SEC. 107. REPORTS.
Not later than 180 days after the date of enactment of this Act,
and every 2 years thereafter, the Administrator shall submit to
Congress a report on the implementation 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 received
funding pursuant to this title that are in progress on
the date of submission of the report; and
(2) an assessment of the effectiveness of the operation and
maintenance of each project that has been carried out pursuant
to this title.
TITLE II--NEW RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION
SEC. 201. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the New River was born out of--
(A) occasional flows of the Colorado River into the
Salton Sink; and
(B) the erosion of the New River channel, which
formed the deep river canyon between 1905 and 1907;
(2) the New River--
(A) starts in Mexicali, Mexico;
(B) flows north into the United States through
Calexico;
(C) passes through the Imperial Valley; and
(D) drains into the Salton Sea approximately 66
miles north of the international boundary;
(3) the sub-watershed of the New River covers approximately
750 square miles, of which 63 percent is in Mexico and 37
percent is in the United States;
(4) the New River has been widely recognized for
significant water pollution problems, primarily because of
agricultural runoff, raw sewage, pesticides, and discharges of
wastes from domestic, agricultural, and industrial sources in
Mexico and the Imperial Valley;
(5) by the 1980s, the New River acquired the reputation of
being 1 of the most polluted rivers in the United States, with
many pollutants in the New River posing serious human health
hazards to local populations, particularly in Calexico and
Mexicali;
(6) in 1992, Minute 288 of the International Boundary and
Water Commission--
(A) established a sanitation strategy for the water
quality problems of the New River at the international
border; and
(B) divided sanitation projects into 2 immediate
repair projects, the Mexicali I and Mexicali II, that--
(i) totaled approximately $50,000,000; and
(ii) were funded by both the United States
and Mexico through the North American
Development Bank;
(7) in 1995, the Environmental Protection Agency provided
funds to the California Regional Water Quality Control Board to
monitor and document the water quality at the international
boundary on a monthly basis;
(8) in the late 1990s--
(A) the United States and Mexico spent $100,000,000
(of which 45 percent was paid by Mexico and 55 percent
was paid by the United States) to build the Las
Arenitas and Zaragoza wastewater treatment plants; and
(B) after the construction of those plants,
untreated water from the New River was passed through 4
microbial treatment cells at the Las Arenitas
wastewater treatment plant, which was then chlorinated
and fed into a reforestation project along the
desiccated Rio Hardy, which stretches to the Sea of
Cortez;
(9) a 10-year effort by community groups, lawyers,
regulatory agencies, and politicians addressed the problem of
water quality in the New River at the source by--
(A) federally funding a new sewage treatment plant
in Mexicali; and
(B) developing a site plan for the portion of the
New River in the United States;
(10) in 2009, the State of California required the
California-Mexico Border Relations Council--
(A) to create a water quality plan to study,
monitor, remediate, and enhance the water quality of
the New River to protect human health; and
(B) to develop a river parkway suitable for public
use;
(11) in 2012, the California-Mexico Border Relations
Council approved the strategic plan for the New River
Improvement Project that was prepared by the New River
Improvement Project Technical Advisory Committee;
(12) in 2016, the New River Improvement Project Technical
Advisory Committee revised the recommended infrastructure of
the New River Improvement Project, and the State of California
appropriated $1,400,000 to provide grants or contracts to carry
out the necessary planning, design, environmental review, and
permitting work;
(13) the revised New River Improvement Project includes the
installation of a large trash screen, a conveyance system,
aeration devices, a new pump station, and managed wetlands; and
(14) the existing and ongoing voluntary conservation
efforts at the New River necessitate improved efficiency and
cost effectiveness, increased private sector investments, and
coordination of Federal and non-Federal resources.
(b) Purposes.--The purposes of this title include--
(1) coordinating water quality restoration and protection
activities relating to the New River among Mexican, Federal,
State, local, and regional entities and conservation partners;
and
(2) carrying out coordinated restoration and protection
activities relating to the New River and providing technical
assistance for those activities--
(A) to sustain and enhance fish and wildlife
habitat restoration and protection activities;
(B) to improve and maintain water quality to
support fish and wildlife, as well as the habitats of
fish and wildlife;
(C) to sustain and enhance water management for
volume and flood damage mitigation improvements to
benefit fish and wildlife habitat;
(D) to improve opportunities for public access to,
and recreation in and along, the New River consistent
with the ecological needs of fish and wildlife habitat;
(E) to maximize the resilience of natural systems
and habitats under changing watershed conditions;
(F) to engage the public through outreach,
education, and citizen involvement to increase capacity
and support for coordinated water quality restoration
and protection activities relating to the New River;
(G) to increase scientific capacity to support the
planning, monitoring, and research activities necessary
to carry out coordinated water quality restoration and
protection activities relating to the New River; and
(H) to provide technical assistance to carry out
water quality restoration and protection activities
relating to the New River.
SEC. 202. DEFINITIONS.
In this title:
(1) Program.--The term ``program'' means the California New
River Public Health and Water Quality Restoration Program
established under section 203(a).
(2) Water quality restoration and protection.--The term
``water quality restoration and protection'', with respect to
the New River watershed, means--
(A) the enhancement of water quality and stormwater
management; and
(B) the use of natural and green infrastructure to
enhance the ability of the watershed to capture
pollutants and reduce runoff to prevent flooding.
SEC. 203. CALIFORNIA NEW RIVER PUBLIC HEALTH AND WATER QUALITY
RESTORATION PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a program, to
be known as the ``California New River Public Health and Water Quality
Restoration Program''.
(b) Duties.--In carrying out the program, the Administrator shall--
(1) carry out projects, plans, and initiatives for the New
River that are supported by the California-Mexico Border
Relations Council, and work in consultation with applicable
management entities, including representatives of the Calexico
New River Committee, the California-Mexico Border Relations
Council, the New River Improvement Project Technical Advisory
Committee, the Federal Government, State and local governments,
and regional and nonprofit organizations, to carry out water
quality restoration and protection activities relating to the
New River;
(2) carry out activities that--
(A) develop, using monitoring, data collection, and
assessment, a shared set of science-based water quality
restoration and protection activities identified in
accordance with paragraph (1);
(B) support the implementation of a shared set of
science-based water quality restoration and protection
activities identified in accordance with paragraph (1),
including water reuse projects, water recycling
projects, and natural and green infrastructure
projects;
(C) target cost-effective projects with measurable
results; and
(D) maximize public health and water quality
conservation outcomes; and
(3) provide grants, agreements, and technical assistance in
accordance with section 205.
(c) Coordination.--In establishing the program, the Administrator
shall consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture;
(C) the Secretary of Homeland Security;
(D) the Administrator of General Services;
(E) the Commissioner of U.S. Customs and Border
Protection;
(F) the Commissioner;
(G) the Secretary of the Army, acting through the
Chief of Engineers;
(H) the Administrator of the National Oceanic and
Atmospheric Administration;
(I) the Director of the United States Fish and
Wildlife Service; and
(J) the head of any other applicable agency, as
determined by the Administrator;
(2) the Governor of California;
(3) the California Environmental Protection Agency;
(4) the California State Water Resources Control Board;
(5) the California Department of Water Resources;
(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 Development
Bank.
(d) Cooperative Agreements and Memoranda of Understanding.--
(1) In general.--To achieve the purposes of this title and
to ensure effective coordination of Federal and non-Federal
water quality restoration and protection activities, the
Administrator shall use amounts made available for the border
water infrastructure program under section 301 and payments
received pursuant to paragraph (4)(A) to enter into cooperative
agreements and memoranda of understanding with, and provide
technical assistance to--
(A) the heads of other Federal agencies, States,
State agencies, units of local government, 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, construction, 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 selected by the
Administrator that would otherwise not be successful in
improving the water quality of, environment of, and
public health of people residing in areas surrounding
the New River--
(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 memorandum of understanding
described in paragraph (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 deposited into the
State and Tribal Assistance Grants account of the
Environmental Protection Agency and shall remain
available, without further appropriation, to carry out
the purposes of this title.
(5) Personnel; services; technical assistance.--The
Administrator may provide or accept personnel, services, and
technical assistance pursuant 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 consultation with
the entities described in section 203(c), shall develop a plan
for the purpose of improving and protecting the water quality
of the New River watershed.
(2) Requirements.--The plan under paragraph (1) shall--
(A) build on and incorporate any existing efforts
and plans to improve and protect the water quality of
the New River, whether ongoing or completed; and
(B) include--
(i) such features as are needed to improve
and protect the quality of wastewater,
stormwater runoff, and other untreated flows;
(ii) criteria for selecting--
(I) water quality restoration and
protection projects; and
(II) projects on the priority list
under subsection (c)(1);
(iii) the amounts necessary for the
operations 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 funding.--
(A) In general.--The Administrator, working with
the entities described in section 203(c), shall assess
and identify potential alternative sources and
approaches for financing infrastructure projects,
including financing the operations and maintenance of
those infrastructure projects.
(B) Requirement.--In carrying out subparagraph (A),
the Administrator shall assess the approaches
identified in the report of the Environmental Financial
Advisory Board entitled ``Evaluating Stormwater
Infrastructure Funding and Financing'' and dated March
2020.
(b) Issuance; Updates.--The Administrator shall--
(1) not later than 1 year after the date of enactment 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 proposed water quality
restoration and protection projects for the New River watershed
that--
(A) provides for the management of wastewater or
stormwater or the removal of debris, sediment,
chemicals, bacteria, and other contaminants from the
water flowing north into the United States;
(B) estimates the costs and identifies the entities
that will fund the construction, operation, and
maintenance of each project on the priority list;
(C) is developed in coordination with the entities
described in section 203(c);
(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, including any
relevant findings and recommendations of a watershed
assessment conducted by Federal, State, and local
agencies;
(B) carry out and fund science development,
monitoring, or modeling as needed to inform 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;
(bb) recreational
opportunities;
(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 recycling; 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 Administrator 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.
(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 identified in
section 201(b); and
(2) advance the implementation of priority projects
identified under section 204(c).
(c) Cost Sharing.--The Administrator may establish 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 implementation of this section with the
North American Development 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 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 implementation of this
section to support partnerships between the public and
private sectors in accordance with this title.
(e) Construction, Operation, and Maintenance.--The Commissioner may
construct, operate, and maintain any project carried out using funds
made available to carry out this section.
SEC. 206. ANNUAL BUDGET PLAN.
The President, as part of the annual budget submission of the
President to Congress under section 1105(a) of title 31, United States
Code, shall submit estimated expenditures 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 Balanced
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).
SEC. 207. REPORTS.
Not later than 180 days after the date of enactment of this Act,
and every 2 years thereafter, the Administrator shall submit to
Congress a report on the implementation 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 received
funding pursuant to this title that are in progress on
the date of submission of the report; and
(2) an assessment of the effectiveness of the operation and
maintenance of each project that has been carried out pursuant
to this title.
TITLE III--BORDER WATER INFRASTRUCTURE IMPROVEMENT
SEC. 301. UNITED STATES-MEXICO BORDER WATER INFRASTRUCTURE PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means
the United States Section of the International Boundary and
Water Commission, a State, a local government, an Indian Tribe,
or a water or wastewater district with jurisdiction over any
area in 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 management
infrastructure the water discharged from which
will flow, directly or indirectly, into the
United States, is designed 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 applicable
standards established under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.);
(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
financing, including operations and
maintenance funding;
(v) will comply with relevant State and
local environmental and other laws (including
regulations), including with respect to--
(I) obtaining any necessary
operating 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, including the
Comision Nacional de Agua (commonly known as
``CONAGUA'' or the Mexican National Water
Commission) and 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 located in
the United States, or that is located in both
the United States and Mexico, if the project
causes a reduction in the flow of water; or
(iii) to provide drinking water,
wastewater, 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 entities for activities related to
eligible projects, including feasibility studies, planning studies,
environmental assessments, financial analyses, community participation
efforts, and architectural, engineering, planning, design,
construction, and operations and maintenance activities.
(c) Consultation.--In carrying out the program, the Administrator
shall consult with the North American Development Bank.
(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 appropriate by
the Administrator.
(2) Prioritization.--In carrying out paragraph (1), the
Administrator shall prioritize projects that--
(A) are identified in a plan developed pursuant to
section 104 or 204; or
(B)(i) are likely to have the greatest positive
effects relating to the environment and public health;
(ii) will result in benefits on the United States
side of the United States-Mexico border;
(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 conservation.
(f) Terms and Conditions.--The Administrator may establish such
terms and conditions on assistance provided under the program as the
Administrator determines 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 individual 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 Regions 6 and 9 of the Environmental Protection
Agency.
TITLE IV--MISCELLANEOUS
SEC. 401. ROLE OF THE COMMISSIONER AND INTERNATIONAL AGREEMENTS.
(a) Wastewater and Stormwater Authority.--The Commissioner may
study, design, construct, operate, and maintain projects to manage,
improve, and protect the quality of wastewater, stormwater runoff, and
other untreated 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 Tijuana River
watershed or the New River watershed, 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 agreement with the appropriate official or
officials of the Government of Mexico for--
(1) the joint study and design of stormwater control and
water quality projects; and
(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 supplementary 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 program established under
section 301(b) if the project is--
(1) identified under and consistent with the results 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Natural Resources, Foreign Affairs, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Natural Resources, Foreign Affairs, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Natural Resources, Foreign Affairs, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Natural Resources, Foreign Affairs, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Natural Resources, Foreign Affairs, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Environment and Climate Change.
Referred to the Subcommittee on Water, Oceans, and Wildlife.