[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3795 Introduced in House (IH)]

<DOC>






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.
                                 <all>