Nogales Wastewater Improvement Act of 2023
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 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4643 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4643
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 14, 2023
Mr. Grijalva 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 2023''.
SEC. 2. NOGALES WASTEWATER IMPROVEMENT.
(a) 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.''.
(b) Nogales Sanitation Project.--
(1) Definitions.--In this subsection:
(A) City.--The term ``City'' means the City of
Nogales, Arizona.
(B) Commission.--The term ``Commission'' means the
United States Section of the International Boundary and
Water Commission.
(C) 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.
(D) Nogales international wastewater treatment
plant.--The term ``Nogales International Wastewater
Treatment Plant'' means the wastewater treatment plant
that--
(i) is operated by the Commission;
(ii) is located in Rio Rico, Santa Cruz
County, Arizona, after manhole 99; and
(iii) treats sewage and wastewater
originating from--
(I) Nogales, Sonora, Mexico; and
(II) Nogales, Arizona.
(2) Ownership and control.--
(A) In general.--Subject to subparagraph (B) 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.
(B) Agreements required.--The Commission shall
assume full ownership and control over the
International Outfall Interceptor under subparagraph
(A) after all applicable governing bodies in the State
of Arizona, including the City, have--
(i) 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;
(ii) entered into an agreement with respect
to the flows entering the International Outfall
Interceptor that are controlled by the City;
and
(iii) 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.
(3) Operations and maintenance.--
(A) In general.--Beginning on the date on which the
Commission assumes full ownership and control of the
International Outfall Interceptor under paragraph
(2)(A), but subject to paragraph (5), the Commission
shall be responsible for the operations and maintenance
of the International Outfall Interceptor.
(B) Authorization of appropriations.--There are
authorized to be appropriated to the Commission to
carry out this paragraph, to remain available until
expended--
(i) $6,500,000 for fiscal year 2025; and
(ii) not less than $2,500,000 for fiscal
year 2026 and each fiscal year thereafter.
(4) Debris screen.--
(A) Debris screen required.--
(i) 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.
(ii) Requirement.--In constructing and
operating the debris screen under clause (i),
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.
(B) Authorization of appropriations.--There are
authorized to be appropriated to the Commission, to
remain available until expended--
(i) for fiscal year 2025--
(I) $8,000,000 for construction of
the debris screen described in
subparagraph (A)(i); and
(II) not less than $1,000,000 for
the operations and maintenance of the
debris screen described in subparagraph
(A)(i); and
(ii) not less than $1,000,000 for fiscal
year 2026 and each fiscal year thereafter for
the operations and maintenance of the debris
screen described in subparagraph (A)(i).
(5) 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 subsection, 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.
(c) Effective Date.--This section (including the amendments made by
this section) takes effect on October 1, 2024.
<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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