[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3378 Referred in Senate (RFS)]

  2d Session
                                H. R. 3378


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2000

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
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 2000''.

SEC. 2. PURPOSE.

    The purpose of this Act is to authorize the United States to take 
actions to address comprehensively the treatment of sewage emanating 
from the Tijuana River area, Mexico, that flows untreated or partially 
treated into the United States causing significant adverse public 
health and environmental impacts.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (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 South Bay 
        International Wastewater Treatment Plant constructed under the 
        provisions of the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), section 510 of the Water Quality Act of 
        1987 (101 Stat. 80-82), 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) Secondary treatment.--The term ``secondary treatment'' 
        has the meaning such term has under the Federal Water Pollution 
        Control Act and its implementing regulations.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (6) Mexican facility.--The term ``Mexican facility'' means 
        a proposed public-private wastewater treatment facility to be 
        constructed and operated under this Act 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.
            (7) MGD.--The term ``mgd'' means million gallons per day.

 SEC. 4. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE ADMINISTRATOR.

    (a) Secondary Treatment.--
            (1) In general.--Subject to the negotiation and conclusion 
        of a new Treaty Minute or the amendment of Treaty Minute 283 
        under section 5, and notwithstanding section 510(b)(2) of the 
        Water Quality Act of 1987 (101 Stat. 81), the Commission is 
        authorized and directed to provide for the secondary treatment 
        of a total of not more than 50 mgd in Mexico--
                    (A) of effluent from the IWTP if such treatment is 
                not provided for at a facility in the United States; 
                and
                    (B) of additional sewage emanating from the Tijuana 
                River area, Mexico.
            (2) Additional authority.--Subject to the results of the 
        comprehensive plan developed under subsection (b) revealing a 
        need for additional secondary treatment capacity in the San 
        Diego-Tijuana border region and recommending the provision of 
        such capacity in Mexico, the Commission may provide not more 
        than an additional 25 mgd of secondary treatment capacity in 
        Mexico for treatment described in paragraph (1).
    (b) Comprehensive Plan.--Not later than 24 months after the date of 
the enactment of this Act, the Administrator shall develop a 
comprehensive plan with stakeholder involvement to address the 
transborder sanitation problems in the San Diego-Tijuana border region. 
The plan shall include, at a minimum--
            (1) an analysis of the long-term secondary treatment needs 
        of the region;
            (2) an analysis of upgrades in the sewage collection system 
        serving the Tijuana area, Mexico; and
            (3) an identification of options, and recommendations for 
        preferred options, for additional sewage treatment capacity for 
        future flows emanating from the Tijuana River area, Mexico.
    (c) Contract.--
            (1) In general.--Subject to the availability of 
        appropriations to carry out this subsection and notwithstanding 
        any provision of Federal procurement law, upon conclusion of a 
        new Treaty Minute or the amendment of Treaty Minute 283 under 
        section 5, the Commission may enter into a fee-for-services 
        contract with the owner of a Mexican facility in order to carry 
        out the secondary treatment requirements of subsection (a) and 
        make payments under such contract.
            (2) Terms.--Any contract under this subsection shall 
        provide, at a minimum, for the following:
                    (A) Transportation of the advanced primary effluent 
                from the IWTP to the Mexican facility for secondary 
                treatment.
                    (B) Treatment of the advanced primary effluent from 
                the IWTP to the secondary treatment level in compliance 
                with water quality laws of the United States, 
                California, and Mexico.
                    (C) Return conveyance from the Mexican facility of 
                any such treated effluent that cannot be reused in 
                either Mexico or the United States to the South Bay 
                Ocean Outfall for discharge into the Pacific Ocean in 
                compliance with water quality laws of the United States 
                and California.
                    (D) Subject to the requirements of subsection (a), 
                additional sewage treatment capacity that provides for 
                advanced primary and secondary treatment of sewage 
                described in subsection (a)(1)(B) in addition to the 
                capacity required to treat the advanced primary 
                effluent from the IWTP.
                    (E) A contract term of 30 years.
                    (F) Arrangements for monitoring, verification, and 
                enforcement of compliance with United States, 
                California, and Mexican water quality standards.
                    (G) Arrangements for the disposal and use of 
                sludge, produced from the IWTP and the Mexican 
                facility, at a location or locations in Mexico.
                    (H) Payment of fees by the Commission to the owner 
                of the Mexican facility for sewage treatment services 
                with the annual amount payable to reflect all agreed 
                upon costs associated with the development, financing, 
                construction, operation, and maintenance of the Mexican 
                facility.
                    (I) Provision for the transfer of ownership of the 
                Mexican facility to the United States, and provision 
                for a cancellation fee by the United States to the 
                owner of the Mexican facility, if the Commission fails 
                to perform its obligations under the contract. The 
                cancellation fee shall be 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.
                    (J) Provision for the transfer of ownership of the 
                Mexican facility to the United States, without a 
                cancellation fee, if the owner of the Mexican facility 
                fails to perform the obligations of the owner under the 
                contract.
                    (K) To the extent practicable, the use of 
                competitive procedures by the owner of the Mexican 
                facility in the procurement of property or services for 
                the engineering, construction, and operation and 
                maintenance of the Mexican facility.
                    (L) An opportunity for the Commission to review and 
                approve the selection of contractors providing 
                engineering, construction, and operation and 
                maintenance for the Mexican facility.
                    (M) The maintenance by the owner of the Mexican 
                facility of all records (including books, documents, 
                papers, reports, and other materials) necessary to 
                demonstrate compliance with the terms of this Act and 
                the contract.
                    (N) Access by the Inspector General of the 
                Department of State or the designee of the Inspector 
                General for audit and examination of all records 
                maintained pursuant to subparagraph (M) to facilitate 
                the monitoring and evaluation required under subsection 
                (d).
            (3) Limitation.--The Contract Disputes Act of 1978 (41 
        U.S.C. 601-613) shall not apply to a contract executed under 
        this section.
    (d) Implementation.--
            (1) In general.--The Inspector General of the Department of 
        State shall monitor the implementation of any contract entered 
        into under this section and evaluate the extent to which the 
        owner of the Mexican facility has met the terms of this section 
        and fulfilled the terms of the contract.
            (2) Report.--The Inspector General shall transmit to 
        Congress a report containing the evaluation under paragraph (1) 
        not later than 2 years after the execution of any contract with 
        the owner of the Mexican facility under this section, 3 years 
        thereafter, and periodically after the second report under this 
        paragraph.

SEC. 5. 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-
Tijuana 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) Initiation.--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) Implementation.--Implementation of a new Treaty Minute 
        or of a modification of Treaty Minute 283 under this Act shall 
        be subject to the provisions of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (3) Matters to be addressed.--A new Treaty Minute or a 
        modification of Treaty Minute 283 under paragraph (1) should 
        address, at a minimum, the following:
                    (A) The siting of treatment facilities in Mexico 
                and in the United States.
                    (B) Provision for the secondary treatment of 
                effluent from the IWTP at a Mexican facility if such 
                treatment is not provided for at a facility in the 
                United States.
                    (C) Provision for additional capacity for advanced 
                primary and secondary treatment of additional sewage 
                emanating from the Tijuana River area, Mexico, in 
                addition to the treatment capacity for the advanced 
                primary effluent from the IWTP at the Mexican facility.
                    (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 
                United States and California law.
                    (F) Any other terms and conditions considered 
                necessary by the Secretary in order to implement the 
                provisions of this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

            Passed the House of Representatives September 12, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.