California New River Restoration Act of 2021
This bill requires the Environmental Protection Agency (EPA) to establish a California New River restoration program for the New River. The river starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea.
In carrying out the program, the EPA must implement projects, plans, and initiatives for the New River supported by the California-Mexico Border Relations Council and provide grants and technical assistance for coordinating restoration and protection activities.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 491 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 491
To direct the Administrator of the Environmental Protection Agency to
establish a California New River restoration program to build on, and
help coordinate funding for, restoration and protection efforts
relating to the New River, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2021
Mr. Vargas (for himself and Mr. Ruiz) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committee on Transportation and Infrastructure, 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 direct the Administrator of the Environmental Protection Agency to
establish a California New River restoration program to build on, and
help coordinate funding for, restoration and protection efforts
relating to 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.
This Act may be cited as the ``California New River Restoration Act
of 2021''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the New River was born out of the Colorado River's
occasional flows into the Salton Sink and the erosion of the
New River channel which formed the deep river canyon between
1905 and 1907;
(2) the New River starts in Mexicali, Mexico, flows north
into the United States through Calexico, passes through the
Imperial Valley and drains into the Salton Sea, roughly 66
miles north of the international boundary, and the sub-
watershed covers approximately 750 square miles, with 63
percent of that in Mexico and 37 percent in the United States;
(3) the New River has been widely recognized for its
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;
(4) by the 1980s, the New River acquired the reputation of
being one of the most polluted rivers in the United States,
with many of the pollutants posing serious human health hazards
to local populations, particularly those in Calexico and
Mexicali;
(5) in 1992, the International Boundary Water Commission's
Treaty Minute No. 288 established a sanitation strategy for the
New River water quality problems at the international boundary
and divided the sanitation projects into two immediate repairs
projects, the Mexicali I and the Mexicali II, which totaled
about $50 million dollars and were funded by both countries
through the North American Development Bank;
(6) 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;
(7) in the late 1990s, the United States and Mexico spent
$100 million (45 percent paid by Mexico and 55 percent paid by
the United States) to build the Las Arenitas and Zaragoza
Wastewater Treatment plants, and untreated New River water
passing through four microbial treatment cells at Las Arenitas
was then chlorinated and fed into a re-forestation project
along the desiccated Rio Hardy which stretches to the Sea of
Cortez;
(8) a 10-year effort by community groups, lawyers,
regulatory agencies, and politicians addressed the problem at
the source by federally funding a new sewage treatment plant in
Mexicali and developing a site plan for the river on the United
States side;
(9) in 2009, the State of California required the
California-Mexico Border Relations Council to create a
strategic plan to study, monitor, remediate, and enhance the
New River's water quality to protect human health and develop a
river parkway suitable for public use;
(10) in 2012, the California-Mexico Border Relations
Council approved the strategic plan for the New River
Improvement Project prepared by the New River Improvement
Project Technical Advisory Committee;
(11) 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 $1.4 million to provide grants or contracts to
implement the necessary planning, design, environmental review,
and permitting work;
(12) 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
(13) the existing and ongoing voluntary conservation
efforts at the New River necessitate improved efficiency and
cost effectiveness, as well as increased private-sector
investments and coordination of Federal and non-Federal
resources.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Mexican.--The term ``Mexican'' refers to the Federal,
State, and local governments of the United Mexican States.
(3) 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.
(4) Program.--The term ``program'' means the California New
River restoration program established under section 4.
(5) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife to preserve and
improve ecosystems and ecological processes on which they
depend.
SEC. 4. CALIFORNIA NEW RIVER RESTORATION PROGRAM ESTABLISHMENT.
(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 restoration program''.
(b) Duties.--In carrying out the program, the Administrator shall--
(1) implement projects, plans, and initiatives for the New
River 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 implement restoration and
protection activities relating to the New River;
(2) undertake activities that--
(A) support the implementation of a shared set of
science-based restoration and protection activities
identified in accordance with paragraph (1);
(B) target cost-effective projects with measurable
results; and
(C) maximize conservation outcomes with no net gain
of Federal full-time equivalent employees; and
(3) provide grants and technical assistance in accordance
with section 5.
(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 of the International Boundary
Water Commission; and
(G) the head of any other applicable agency;
(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; and
(8) other public agencies and organizations with authority
for the planning and implementation of conservation strategies
relating to the New River in both the United States and Mexico.
(d) Purposes.--The purposes of the program include--
(1) coordinating restoration and protection activities,
among Mexican, Federal, State, local, and regional entities and
conservation partners, relating to the New River; and
(2) carrying out coordinated restoration and protection
activities, and providing for technical assistance relating to
the New River--
(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 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 restoration and protection
activities; and
(H) to provide technical assistance to carry out
restoration and protection activities relating to the
New River.
SEC. 5. GRANTS AND ASSISTANCE.
(a) In General.--In carrying out the program, the Administrator
shall provide grants and technical assistance to State and local
governments, nonprofit organizations, and institutions of higher
education, in both the United States and Mexico, to carry out the
purposes of the program.
(b) Criteria.--The Administrator, in consultation with the
organizations described in section 4(c), shall develop criteria for
providing grants and technical assistance under this section to ensure
that such activities accomplish one or more of the purposes identified
in section 4(d)(2) and advance the implementation of priority actions
or needs identified in the New River-wide strategy adopted under
section 4(b)(2).
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project for which a grant is provided under this section shall
not exceed 55 percent of the total cost of the activity, as
determined by the Administrator.
(2) Non-federal share.--The non-Federal share of the cost
of a project for which a grant is provided under this section
may be provided in the form of an in-kind contribution of
services or materials.
(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 October 1, or as soon as practicable
thereafter, of that fiscal year;
(B) invest and reinvest those amounts for the
benefit of the program; and
(C) otherwise administer the implementation of this
section to support partnerships between the public and
private sectors in accordance with this Act.
SEC. 6. ANNUAL REPORTS.
Not later than 180 days after the date of enactment of this Act,
and annually thereafter, the Administrator shall submit to Congress a
report on the implementation of this Act, including a description of
each project that has received funding under this Act and the status of
all such projects that are in progress on the date of submission of the
report.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, 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 Natural Resources, and in addition to the Committee on Transportation and Infrastructure, 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 Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
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