[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3378 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3378

To authorize certain actions to address the comprehensive treatment of 
   sewage emanating from the Tijuana River in order to substantially 
    reduce river and ocean pollution in the San Diego border region.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 1999

Mr. Bilbray (for himself and Mr. Filner) introduced the following bill; 
       which was referred to the Committee on Transportation and 
   Infrastructure, and in addition to the Committee on International 
 Relations, 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 authorize certain actions to address the comprehensive treatment of 
   sewage emanating from the Tijuana River in order to substantially 
    reduce river and ocean pollution in the San Diego border region.

    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 ``Tijuana River Valley Estuary and 
Beach Sewage Cleanup Act of 1999''.

SEC. 2. FINDINGS.

    (a) In General.--The Congress finds that it is necessary to take 
appropriate actions to address the comprehensive treatment of sewage 
emanating from the Tijuana River in order to substantially reduce river 
and ocean pollution in the San Diego border region.
    (b) Factors.--Congress bases the finding under subsection (a) on 
the following factors:
            (1) The San Diego border region is adversely impacted from 
        cross border raw sewage flows that affect the environment and 
        the health and safety of citizens in the United States and 
        Mexico.
            (2) The United States and Mexico have agreed, pursuant to 
        the Treaty for the Utilization of Waters of the Colorado and 
        Tijuana Rivers and of the Rio Grande, dated February 3, 1944, 
        ``to give preferential attention to the solution of all border 
        sanitation problems''.
            (3) The United States and Mexico recognize the need for 
        utilization of reclaimed water to supply the growing needs of 
        the City of Tijuana, Mexico, and the entire border region.
            (4) Current legislative authority regarding funding of the 
        IWTP limits the geographic scope of proposed options for 
        treatment of effluent from the IWTP.
            (5) This Act provides authority to take action to address 
        the comprehensive treatment of sewage emanating from the 
        Tijuana River in order to substantially reduce river and ocean 
        pollution in the San Diego border region and to exploit 
        effective reclamation opportunities.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) Subject to the negotiation and approval of a new or 
        modified Treaty Minute under section 6, to authorize the 
        Commission to provide for secondary treatment of effluent of 
        the IWTP in Mexico.
            (2) Subject to the negotiation and approval of a new or 
        modified Treaty Minute under section 6, to authorize the 
        Commission to provide for the development of a privately-funded 
        Mexican Facility, through the execution of a fee-for-services 
        contract with the owner of such facility, in order to provide 
        for--
                    (A) secondary treatment of effluent from the IWTP, 
                if such treatment is not provided for at a facility in 
                the United States; and
                    (B) additional capacity for primary and secondary 
                treatment of up to 50 mgd of sewage in order to fully 
                address the trans-border sanitation problem.
            (3) To request the Secretary to initiate negotiations with 
        Mexico, within 60 days after the date of the enactment of this 
        Act, for a new Treaty Minute, or a modification of Treaty 
        Minute 283, so as to allow for the siting of sewage treatment 
        facilities in Mexico, provide for additional treatment capacity 
        (up to 50 mdg) for the treatment of additional sewage emanating 
        from the Tijuana area, and to address other matters necessary 
        for compliance with the provisions of this Act.
            (4) To provide such other authority as may be necessary to 
        implement a comprehensive solution to the trans-border 
        sanitation problem as soon as practicable.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Commission.--The term ``Commission'' means the United 
        States section of the International Boundary and Water 
        Commission, United States and Mexico.
            (3) IWTP.--The term ``IWTP'' means the Advanced Primary 
        Wastewater Treatment Facility constructed under the provisions 
        of the Federal Water Pollution Control Act of 1987, section 510 
        of the Water Quality Amendments Act of 1987, and Treaty Minutes 
        to the Treaty for the Utilization of Waters of the Colorado and 
        Tijuana Rivers and of the Rio Grande, dated February 3, 1944.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (5) Mexican Facility.--The term ``Mexican Facility'' means 
        the proposed public/private wastewater treatment facility to be 
        constructed within Mexico for the purpose of treating sewage 
        flows generated within Mexico, which flows impact the surface 
        waters, health, and safety of the United States and Mexico, to 
        be authorized by this Act.
            (6) MGD.--The term ``mgd'' means million gallons per day.

SEC. 5. ACTIONS TO BE TAKEN BY THE ADMINISTRATOR AND THE COMMISSION.

    (a) Authority.--
            (1) Subject to the negotiation and conclusion of a new 
        Treaty Minute or the amendment of Treaty Minute 283 under 
        section 6, and notwithstanding section 510(b)(2) of the Water 
        Quality Amendments Act of 1987, the Commission is authorized to 
        provide for the secondary treatment of effluent from the IWTP 
in Mexico.
            (2) Subject to subsection (b) and notwithstanding any other 
        provision of law, in order to provide for sewage treatment in 
        Mexico, the Commission is authorized to enter into a fee-for-
        services contract with the owner of the Mexican Facility in 
        order to provide for the following:
                    (A) The secondary treatment of effluent from the 
                IWTP, if such treatment is not provided for at a 
                facility in the United States.
                    (B) The primary and secondary treatment not more 
                than 50 mgd of additional sewage from the Tijuana area 
                so as to ensure to the extent possible that untreated 
                sewage will not flow into the United States through the 
                Tijuana River.
    (b) Contract.--Any contract under subsection (a) shall provide for 
the following:
            (1) Transportation of the advance primary effluent from the 
        IWTP to the Mexican Facility for secondary treatment.
            (2) Treatment of effluent from the IWTP to the secondary 
        level in a manner which is in compliance with applicable water 
        quality laws of the United States, California, and Mexico.
            (3) Return conveyance of any such treated effluent that 
        cannot be reused in either Mexico or the United States to the 
        South Bay Ocean Outfall for disposition into the Pacific Ocean.
            (4) Sewage treatment capacity which provides for primary 
        and secondary treatment of up to 50 mgd of sewage in addition 
        to the capacity required to treat the advanced primary effluent 
        from the IWTP.
            (5) A contract for a term of 30 years.
            (6) Appropriate arrangements for the monitoring and 
        verification of compliance with applicable United States, 
        California, and Mexican water quality standards.
            (7) Arrangements for the appropriate disposition of sludge, 
        produced from the IWTP and the Mexican Facility, at a location 
        or locations in Mexico.
            (8) Payment of appropriate fees by the Commission to the 
        owner of the Mexican Facility for sewage treatment services 
        with the annual amount payable to reflect all costs associated 
        with the development, construction, operation, and financing of 
        the Mexican Facility.
            (9) Provision for the transfer of ownership of the Mexican 
        Facility to the United States if the Commission fails to 
        perform its obligations under the fee-for-services contract and 
        provision for a cancellation fee by the United States to the 
        owner of the Mexican Facility, which shall be established in 
        amounts declining over the term of the contract anticipated to 
        be sufficient to repay construction debt and other amounts due 
        to the owner that remain unamortized due to early termination 
        of the contract.
            (10) A contract to which the Contract Disputes Act (41 
        U.S.C. 601-613) and the Federal Acquisition Regulations (41 
        C.F.R. Chapters 1-99) do not apply.

SEC. 6. NEGOTIATION OF NEW TREATY MINUTE.

    (a) Congressional Statement.--In light of the existing threat to 
the environment and to public health and safety within the United 
States as a result of the river and ocean pollution in the San Diego 
United States-Mexico border region, the Secretary is requested to give 
the highest priority to the negotiation and execution of a new Treaty 
Minute, or a modification of Treaty Minute 283, consistent with the 
provisions of this Act, in order that the other provisions of this Act 
to address such pollution may be implemented as soon as possible.
    (b) Negotiation.--
            (1) The Secretary is requested to initiate negotiations 
        with Mexico, within 60 days after the date of the enactment of 
        this Act, for a new Treaty Minute or a modification of Treaty 
        Minute 283 consistent with the provisions of this Act.
            (2) A new Treaty Minute or a modification of Treaty Minute 
        283 under this Act shall be subject to the provisions of the 
        National Environmental Policy Act of 1969 (NEPA).
            (3) A new Treaty Minute or a modification of Treaty Minute 
        283 under paragraph (1) should address the following:
                    (A) The siting of treatment facilities in Mexico 
                and in the United States.
                    (B) The secondary treatment of effluent from the 
                IWTP at the Mexican Facility if such treatment is not 
                provided for at a facility in the United States.
                    (C) Provision for the primary and secondary 
                treatment of up to 50 mgd of sewage, in addition to 
                treatment capacity for the advanced primary effluent 
                from the IWTP at the Mexican Facility, to be funded by 
                the United States.
                    (D) Provision for any and all approvals from 
                Mexican authorities necessary to facilitate water 
                quality verification and enforcement at the Mexican 
                Facility.
                    (E) Any terms and conditions considered necessary 
                to allow for use in the United States of treated 
                effluent from the Mexican Facility, if there is 
                reclaimed water which is surplus to the needs of users 
                in Mexico and such use is consistent with applicable 
                California law.
                    (F) Any other terms and conditions considered 
                necessary by the Secretary in order to fully implement 
                the provisions of this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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