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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8426 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8426
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.
_______________________________________________________________________
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 Infrastructure
_______________________________________________________________________
A BILL
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Water Resources and Environment.
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