[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3795 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 3795
To direct the Secretary of the Army, acting through the Chief of
Engineers, to carry out a comprehensive protection and rehabilitation
program for the Tijuana River Valley, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2017
Mr. Vargas (for himself and Mr. Issa) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Foreign Affairs,
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 Secretary of the Army, acting through the Chief of
Engineers, to carry out a comprehensive protection and rehabilitation
program for the Tijuana River Valley, 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 ``Tijuana River Valley Comprehensive
Protection and Rehabilitation Act of 2017''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) the Tijuana River Valley is a broad natural floodplain
containing a variety of wetland and riparian areas;
(2) the Tijuana River Valley is a small portion of the
Tijuana River's 1,700 square miles of watershed;
(3) the Tijuana River's watershed area includes portions of
south San Diego County and northern Baja California, Mexico;
(4) the Tijuana River Valley Planning Area is bounded by
the city of Imperial Beach and the Otay Mesa-Nestor community
to the north, the San Ysidro community to the east, Mexico to
the south, and Border Field State Park and Imperial Beach to
the west;
(5) near the coast is the most extensive salt marsh in
southern California, which is preserved within the Tijuana
River National Estuarine Sanctuary;
(6) further inland, the Tijuana River is vegetated with
riparian habitat;
(7) the Tijuana River Valley is bounded on the south by
high mesas and deep canyons covered by chaparral, sage scrub,
and grasslands;
(8) the floodplain of the Tijuana River Valley currently
contains a mixture of agricultural fields, equestrian
facilities, rural housing, riparian woodland, and disturbed
habitats;
(9) periodic rains in the region have produced flooding and
cross-border flows of wastewater and sewage, causing public
health concerns as well as disruptions to the local tourist
economy and military readiness; and
(10) in February 2017, as reported in the Transboundary
Bypass Flows into the Tijuana River report released by the
United States section of the International Boundary and Water
Commission, United States and Mexico, approximately 28 million
gallons of sewage was discharged into the Tijuana River Valley,
resulting in beach closures throughout the region.
(b) Sense of Congress.--It is the sense of Congress that all
pertinent Federal agencies, in conjunction with their Mexican
counterparts, should use all available resources to upgrade and enhance
the physical infrastructure of the Tijuana River Valley to stop and
manage all wastewater, sewage, trash, and sediment spills.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Mexican governments.--The term ``Mexican governments''
means the Federal, State, and local governments of the United
Mexican States.
(2) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of the physical infrastructure in both the United
States and Mexico to prevent flooding and wastewater, sewage,
trash, and sediment spills in the Tijuana River Valley.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(4) Tijuana river valley.--The term ``Tijuana River
Valley'' means the planning area in San Diego County bounded by
the city of Imperial Beach and the Otay Mesa-Nestor community
to the north, the San Ysidro community to the east, Mexico to
the south, and Border Field State Park and Imperial Beach to
the west.
SEC. 4. TIJUANA RIVER VALLEY COMPREHENSIVE PROTECTION AND
REHABILITATION PROGRAM.
(a) In General.--In accordance with the requirements of this
section, the Secretary shall establish and carry out a comprehensive
protection and rehabilitation program for the Tijuana River Valley.
(b) Coordination.--In establishing the program, the Secretary shall
consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Secretary of the Interior;
(B) the Secretary of Homeland Security;
(C) the Administrator of General Services;
(D) the Administrator of the Environmental
Protection Agency;
(E) the Secretary of State;
(F) the Commissioner of U.S. Customs and Border
Protection; and
(G) the Director of the United States Fish and
Wildlife Service;
(2) the United States Commissioner, International Boundary
and Water Commission, United States and Mexico;
(3) the Border Environment Cooperation Commission;
(4) the North American Development Bank;
(5) the Governor of California;
(6) the California Environmental Protection Agency;
(7) the city of Imperial Beach;
(8) the city of San Diego;
(9) the county of San Diego;
(10) the San Diego Regional Water Quality Control Board;
(11) the Tijuana River National Estuarine Research Reserve;
(12) Mexican governments; and
(13) other public agencies and organizations with authority
for the planning and implementation of conservation strategies
relating to the Tijuana River Valley in both the United States
and Mexico.
(c) 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 Tijuana River Valley; and
(2) carrying out coordinated restoration and protection
activities, and providing for technical assistance, relating to
the Tijuana River Valley.
(d) Feasibility and Technical Assistance Plan.--Not later than 360
days after the date of enactment of this Act, the Secretary shall
develop a feasibility and technical assistance plan for updated
wastewater infrastructure and flood preparedness in the Tijuana River
Valley.
(e) Grants and Assistance.--
(1) In general.--In carrying out the program, the Secretary
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.
(2) Criteria.--The Secretary, in consultation with the
organizations described in subsection (b), shall develop
criteria for providing grants and technical assistance under
this subsection to ensure that such activities accomplish one
or more of the purposes identified in subsection (c) and
advance the implementation of priority actions or needs
identified under the program.
(f) Grant Management Services.--
(1) In general.--The Secretary may enter into an agreement
to manage the implementation of this section with the North
American Development Bank, the Border Environment Cooperation
Commission, or a similar organization that offers grant
management services.
(2) Funding.--If the Secretary 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 of that fiscal year or as soon as
practicable thereafter;
(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 section.
(g) Cost Sharing.--The Federal share of the cost of a project for
which a grant is provided under this section may not exceed 55 percent
of the total cost of the project.
(h) Priority.--In selecting projects to receive assistance under
the program, the Secretary shall give priority to projects with
matching funds from State and local governments or Mexican governments.
(i) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year such sums as may be necessary to
carry out this section.
SEC. 5. MONITORING AND NOTIFICATIONS.
(a) Transboundary Waterway Alert System.--Using the systems of the
International Boundary and Water Commission, United States and Mexico,
the Secretary of State shall establish an updated and online system, to
be known as the ``Transboundary Waterway Alert System'' (in this
section referred to as the ``System''), to monitor, warn, and protect
citizens of the United States from undue and avoidable harm from
wastewater, sewage, trash, and sediment spills and flooding for each
major waterway along the United States-Mexico border.
(b) Objectives.--The objectives of the System shall be to monitor
all the waterways along the United States-Mexico border--
(1) to ensure updated and timely information on all water
testing results, wastewater, sewage, trash, and sediment
spills, and flood warnings; and
(2) to ensure that such information is accessible and
readily available to the public and government officials on the
internet.
(c) Partnerships.--The Secretary of State may enter into
cooperative agreements with institutions of higher education and
Mexican governments for the establishment and management of the System.
(d) Notification.--
(1) Notification of mexican governments.--The Secretary of
State shall submit a diplomatic note to its Mexican
counterparts to provide information of a wastewater, sewage,
trash, or sediment spill in the Tijuana River Valley upon the
initial discovery of the spill.
(2) Notification of united states local governments.--The
Secretary of State, acting through the United States
Commissioner, International Boundary and Water Commission,
United States and Mexico, shall notify the city of San Diego,
the city of Imperial Beach, and the county of San Diego upon
initial discovery of a wastewater, sewage, trash, or sediment
spill in the Tijuana River Valley.
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