[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4352 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4352

 To provide for the water quality restoration of the Tijuana River and 
                 the New River, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2020

Mrs. Feinstein introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To provide for the water quality restoration of the Tijuana River and 
                 the New River, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Water 
Quality Restoration and Protection Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
   TITLE I--TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

Sec. 101. Findings; purpose.
Sec. 102. Definitions.
Sec. 103. Tijuana River Public Health and Water Quality Restoration 
                            Program.
Sec. 104. Water quality plan.
Sec. 105. Grants, agreements, and assistance.
Sec. 106. Annual budget plan.
Sec. 107. Reports.
    TITLE II--NEW RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

Sec. 201. Findings; purpose.
Sec. 202. Definitions.
Sec. 203. California New River Public Health and Water Quality 
                            Restoration Program.
Sec. 204. Water quality plan.
Sec. 205. Grants, agreements, and assistance.
Sec. 206. Annual budget plan.
Sec. 207. Reports.
           TITLE III--BORDER WATER INFRASTRUCTURE IMPROVEMENT

Sec. 301. United States-Mexico border water infrastructure program.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Role of the Commissioner and international agreements.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the United States Section of the International 
        Boundary and Water Commission.
            (3) Mexican.--The term ``Mexican'' means, as applicable, 
        the Federal, State, and local governments of Mexico.
            (4) New river.--The term ``New River'' means the river that 
        starts in Mexicali, Mexico, flows north into the United States 
        through Calexico, passes through the Imperial Valley, and 
        drains into the Salton Sea.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (6) Tijuana river.--The term ``Tijuana River'' means the 
        river that rises in the Sierra de Juarez in Mexico, flows 
        through the City of Tijuana and then north into the United 
        States, passes through the Tijuana River estuary, and drains 
        into the Pacific Ocean.
            (7) Water reuse.--The term ``water reuse'' has the meaning 
        given the term in the document of the Environmental Protection 
        Agency entitled ``National Water Reuse Action Plan 
        Collaborative Implementation (Version 1)'' and dated February 
        2020.

   TITLE I--TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

SEC. 101. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Tijuana River flows across the United States-Mexico 
        border, through the southern United States, and into the 
        Pacific Ocean;
            (2) \3/4\ of the 1,750 square mile watershed of the Tijuana 
        River lies in Mexico, and the remaining \1/4\ includes the 
        Tijuana River National Estuarine Research Reserve in the United 
        States;
            (3) the Tijuana River National Estuarine Research Reserve 
        is a partnership of Federal and State agencies, including the 
        National Oceanic and Atmospheric Administration, California 
        State Parks, and the United States Fish and Wildlife Service;
            (4) the Tijuana River is a significant estuary and 
        watershed, providing--
                    (A) economic and health benefits to the citizens of 
                the United States and Mexico; and
                    (B) environmental benefits as critical habitat to 
                shore birds;
            (5) the economy of communities in southern California, 
        including smaller communities, such as the City of Imperial 
        Beach, and larger municipalities, such as the City of San 
        Diego, may be significantly affected if the natural beauty and 
        recreational opportunities of the Tijuana River are degraded;
            (6) the Tijuana River watershed is in the midst of an 
        environmental crisis, as stormwater flows from the upper 
        watershed, originating in Tijuana, Mexico, carrying pollutants 
        such as bacteria, trash, and sediment that severely affect 
        water quality;
            (7) coastal communities in and near the Tijuana River 
        watershed are also affected, during certain tidal events, by a 
        combination of treated wastewater and chlorinated-only 
        wastewater discharged from the San Antonio de los Buenos 
        wastewater treatment plant located 5 miles south of the United 
        States-Mexico border in Tijuana;
            (8) as reported by the Government Accountability Office in 
        February 2020, transboundary flows of untreated sewage, 
        combined with unmanaged stormwater, bring bacteria and other 
        contaminants into the Tijuana River Valley watershed and 
        beaches in the United States;
            (9) sediment flows into the Tijuana River National Wildlife 
        Refuge and blocks the flow of ocean water and creating an 
        imbalance in water salinity, necessary for marsh plants, fish, 
        and birds;
            (10) the City of Imperial Beach has closed beach access \1/
        3\ of each year for several years before the date of enactment 
        of this Act due to risk to human health;
            (11) flows of untreated sewage, chemicals, and pollution 
        from Mexico jeopardize the health of Border Patrol agents and 
        limiting the ability of those agents to operate in areas 
        affected by these flows;
            (12) in the 2 years before the date of enactment of this 
        Act, local Border Patrol union officials have reported that 
        over 100 officers have suffered from contamination, rashes, 
        infections, chemical burns, and lung irritation due to toxic 
        cross-border flows;
            (13) a March 2020 report of the Environmental Financial 
        Advisory Board of the Environmental Protection Agency--
                    (A) found that--
                            (i) ``stormwater knows no jurisdictional 
                        boundaries . . . and is a principal cause of 
                        water quality issues nationwide''; and
                            (ii) adequate funding to manage stormwater 
                        pollution lags behind the investments made in 
                        wastewater management and the delivery of safe 
                        drinking water by decades; and
                    (B) concluded that Federal investment will be 
                required to address--
                            (i) the lack of State and local funding; 
                        and
                            (ii) multi-jurisdictional stormwater 
                        management needs;
            (14) during the 10-year period before the date of enactment 
        of this Act, Federal, State, and local governments and others 
        have identified the benefits of using natural and green 
        infrastructure to control and manage stormwater runoff, 
        including wetlands, coastal dunes, and retention structures;
            (15) during the 20-year period before the date of enactment 
        of this Act, the United States and Mexico, through the 
        International Boundary and Water Commission, have agreed to 
        resolve the pollution problems in the Tijuana River;
            (16) the International Boundary and Water Commission has 
        negotiated 8 minutes to resolve water quality problems in the 
        Tijuana River, among other subjects;
            (17) 1 of the most recent minutes authorized the 
        construction of the South Bay International Wastewater 
        Treatment Plant in San Ysidro to treat, on average, 25,000,000 
        gallons of sewage from Tijuana per day, which has reduced the 
        sewage coming into the United States;
            (18) the sewer system of Tijuana is--
                    (A) aging and deteriorating; and
                    (B) insufficient to meet the needs of a quickly 
                growing population;
            (19) in February 2017, 1 of the main sewer collectors of 
        Tijuana broke, sending an estimated 143,000,000 gallons of raw 
        sewage into the United States, which was not the only time such 
        a break occurred;
            (20) from February to July of 2019, an estimated 
        4,500,000,000 gallons of wastewater, treated water, and 
        stormwater flowed from Mexico to the United States;
            (21) in June and July 2019, there were 3 sewer collector 
        breaks, resulting in a total discharge of raw sewage of almost 
        2,000,000 gallons;
            (22) a 2019 study entitled ``Tijuana River Diversion Study: 
        Flow Estimates, Infrastructure Diagnostic, and Alternatives 
        Development'' estimated that from 2009 through 2016, 
        transboundary flows occurred on average 138 days each year;
            (23) those transboundary flows contain treated wastewater, 
        raw sewage, and urban runoff, with most of those flows 
        associated with wet weather and stormwater;
            (24) the study described in paragraph (22)--
                    (A) found that improving the operational 
                reliability of the existing diversion system of the 
                South Bay could reduce the number of days that 
                transboundary flows occurred; but
                    (B) estimated that there would still be on average 
                90 days of transboundary flows each year;
            (25) the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.) has established a stormwater permit program under 
        the National Pollutant Discharge Elimination System, under 
        which municipalities have the responsibility to manage and 
        treat stormwater;
            (26) because of the international border and different 
        treatment systems and standards, discharges in Mexico to the 
        Tijuana River are not treated to the same standards as the 
        standards to which discharges would be treated in the United 
        States;
            (27) the International Boundary and Water Commission 
        negotiated Minute 320 to find solutions for water quality, 
        trash, and sediment in the Tijuana River;
            (28) the United States has--
                    (A) invested at least $250,000,000 for secondary 
                wastewater treatment in the Tijuana River Valley by the 
                International Boundary and Water Commission; and
                    (B) paid $18,000,000 to operate and maintain the 
                plant in fiscal year 2018;
            (29) the United States has also helped fund water and 
        wastewater infrastructure along the border through the Border 
        Water Infrastructure Program and the North American Development 
        Bank;
            (30) however, as the Government Accountability Office found 
        in the report described in paragraph (8), the long-standing 
        environmental and health problems associated with transboundary 
        stormwater flows continue, while the International Boundary and 
        Water Commission has not taken actions to resolve existing 
        problems by proposing and analyzing alternatives, analyzing 
        costs, identifying solutions, or establishing time frames; and
            (31) significant additional investment from Federal, State, 
        local, and Mexican resources is needed to improve the water 
        quality of the Tijuana River watershed.
    (b) Purposes.--The purposes of this title are--
            (1) to establish a program to plan and implement water 
        quality restoration and protection activities;
            (2) to ensure the coordination of restoration and 
        protection activities among Mexican, Federal, State, local, and 
        regional entities and conservation partners relating to water 
        quality and stormwater management in the Mexican Tijuana River 
        watershed and the American Tijuana River watershed; and
            (3) to provide funding for water quality restoration and 
        protection activities in the Mexican Tijuana River watershed 
        and the American Tijuana River watershed.

SEC. 102. DEFINITIONS.

    In this title:
            (1) American tijuana river watershed.--The term ``American 
        Tijuana River watershed'' means the portion of the Tijuana 
        River watershed that lies in the United States.
            (2) Mexican tijuana river watershed.--The term ``Mexican 
        Tijuana River watershed'' means the portion of the Tijuana 
        River watershed that lies in Mexico.
            (3) Program.--The term ``program'' means the Tijuana River 
        Public Health and Water Quality Restoration Program established 
        under section 103(a).
            (4) Water quality restoration and protection.--The term 
        ``water quality restoration and protection'', with respect to 
        the Tijuana River watershed, means--
                    (A) the enhancement of water quality and stormwater 
                management; and
                    (B) the use of natural and green infrastructure to 
                enhance the ability of the watershed to capture 
                pollutants and reduce runoff to prevent flooding.

SEC. 103. TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION 
              PROGRAM.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a program, to 
be known as the ``Tijuana River Public Health and Water Quality 
Restoration Program''.
    (b) Duties.--In carrying out the program, the Administrator shall--
            (1) carry out projects, plans, and initiatives for the 
        Tijuana River and work in consultation with applicable 
        management entities, including representatives of the Federal 
        Government, State and local governments, and regional and 
        nonprofit organizations, to carry out public health and water 
        quality restoration and protection activities relating to the 
        Tijuana River;
            (2) carry out activities that--
                    (A) develop, using monitoring, data collection, and 
                assessment, a shared set of science-based water quality 
                restoration and protection activities identified in 
                accordance with paragraph (1);
                    (B) support the implementation of a shared set of 
                science-based water quality restoration and protection 
                activities identified in accordance with paragraph (1), 
                including water reuse projects, water recycling 
                projects, and natural and green infrastructure 
                projects;
                    (C) target cost-effective projects with measurable 
                results; and
                    (D) maximize public health and water quality 
                conservation outcomes;
            (3) coordinate the development of consistent Federal 
        policies, strategies, projects, and priorities for addressing 
        the public health and water quality restoration and protection 
        of the Tijuana River;
            (4) coordinate a funding strategy among available funding 
        sources in the region; and
            (5) provide grants, agreements, and technical assistance in 
        accordance with section 105.
    (c) Coordination.--In establishing the program, the Administrator 
shall consult, as appropriate, with--
            (1) the heads of Federal agencies, including--
                    (A) the Secretary;
                    (B) the Commissioner;
                    (C) the Secretary of Agriculture;
                    (D) the Secretary of Homeland Security;
                    (E) the Administrator of General Services;
                    (F) the Commissioner of U.S. Customs and Border 
                Protection;
                    (G) the Secretary of the Interior;
                    (H) the Secretary of the Army, acting through the 
                Chief of Engineers;
                    (I) the Administrator of the National Oceanic and 
                Atmospheric Administration;
                    (J) the Director of the United States Fish and 
                Wildlife Service; and
                    (K) the head of any other applicable agency, as 
                determined by the Administrator;
            (2) the heads of State agencies, including--
                    (A) the Governor of California;
                    (B) the California Environmental Protection Agency;
                    (C) the California State Water Resources Control 
                Board;
                    (D) the California Department of Water Resources; 
                and
                    (E) the San Diego Regional Water Quality Control 
                Board;
            (3) 2 representatives of affected units of local government 
        in the State, chosen on a rotating 3-year cycle by the Governor 
        of California, including representatives from the City of 
        Imperial Beach, the City of San Diego, the City of Chula Vista, 
        the City of Coronado, the Port of San Diego, and the County of 
        San Diego;
            (4) 2 representatives of relevant nonprofit groups, chosen 
        on a rotating 3-year cycle by the Governor of California;
            (5) other public agencies and organizations with authority 
        for the planning and implementation of conservation strategies 
        relating to the Tijuana River in the United States and Mexico, 
        as determined by the Administrator; and
            (6) representatives of the North American Development Bank.
    (d) Cooperative Agreements and Memoranda of Understanding.--
            (1) In general.--To achieve the purposes of this title and 
        to ensure effective coordination of Federal and non-Federal 
        water quality restoration and protection activities, the 
        Administrator shall use amounts made available for the border 
        water infrastructure program under section 301 and payments 
        received pursuant to paragraph (4)(A) to enter into cooperative 
        agreements and memoranda of understanding with, and provide 
        technical assistance to--
                    (A) the heads of other Federal agencies, States, 
                State agencies, units of local government, regional 
                governmental bodies, and private entities; and
                    (B) in cooperation with the Secretary, the 
                Government of Mexico.
            (2) Use of agreements.--The Administrator shall enter into 
        the cooperative agreements and memoranda of understanding 
        described in paragraph (1)--
                    (A) to carry out the activities described in this 
                section, including studies, plans, construction, and 
                completion of projects to improve the water quality of, 
                environment of, and public health around the Tijuana 
                River; and
                    (B) to carry out a pilot project under which the 
                Administrator shall, for projects selected by the 
                Administrator that would otherwise not be successful in 
                improving the water quality of, environment of, and 
                public health of people residing in areas surrounding 
                the Tijuana River--
                            (i) identify the parties responsible for 
                        the projects; and
                            (ii) provide funds to those parties for the 
                        operations and maintenance of the projects.
            (3) Term.--The cooperative agreements and memoranda of 
        understanding described in paragraph (1) shall be limited to a 
        specified period of time, as determined by the Administrator.
            (4) Financial arrangements.--
                    (A) In general.--If the Administrator enters into a 
                cooperative agreement or memorandum of understanding 
                described in paragraph (1), the Administrator may 
                require the other party to the agreement or memorandum 
                to provide payment to the Administrator.
                    (B) Deposit.--Any amounts received as a payment 
                under subparagraph (A) shall be deposited into the 
                State and Tribal Assistance Grants account of the 
                Environmental Protection Agency and shall remain 
                available, without further appropriation, to carry out 
                the purposes of this title.
            (5) Personnel; services; technical assistance.--The 
        Administrator may provide or accept personnel, services, and 
        technical assistance pursuant to a cooperative agreement or 
        memorandum of understanding described in paragraph (1), with or 
        without reimbursement, for the purposes of carrying out the 
        agreement or memorandum.

SEC. 104. WATER QUALITY PLAN.

    (a) Development.--
            (1) In general.--The Administrator, in consultation with 
        the entities described in section 103(c), shall develop a plan 
        for the purpose of improving and protecting the water quality 
        of the Tijuana River watershed.
            (2) Requirements.--The plan under paragraph (1) shall--
                    (A) build on and incorporate any existing efforts 
                and plans to improve and protect the water quality of 
                the Tijuana River watershed, including ongoing and 
                completed efforts and plans; and
                    (B) include--
                            (i) such features as are needed to improve 
                        and protect the quality of wastewater, 
                        stormwater runoff, and other untreated flows;
                            (ii) criteria for selecting--
                                    (I) water quality restoration and 
                                protection projects; and
                                    (II) projects on the priority list 
                                under subsection (c)(1);
                            (iii) the amounts necessary for the 
                        operations and maintenance of infrastructure 
                        existing on and constructed after the date of 
                        enactment of this Act; and
                            (iv) potential sources of funding to help 
                        pay the costs described in clause (iii).
            (3) Operations and maintenance funding.--
                    (A) In general.--The Administrator, working with 
                the entities described in section 103(c), shall assess 
                and identify potential alternative sources and 
                approaches for financing infrastructure projects, 
                including financing the operations and maintenance of 
                those infrastructure projects.
                    (B) Requirement.--In carrying out subparagraph (A), 
                the Administrator shall assess the approaches 
                identified in the report of the Environmental Financial 
                Advisory Board entitled ``Evaluating Stormwater 
                Infrastructure Funding and Financing'' and dated March 
                2020.
    (b) Issuance; Updates.--The Administrator shall--
            (1) not later than 1 year after the date of enactment of 
        this Act, issue the plan under subsection (a)(1); and
            (2) every 5 years after the date on which the plan is 
        issued under paragraph (1), update the plan.
    (c) Priority List.--
            (1) In general.--The plan under subsection (a)(1) shall 
        include a priority list of potential or proposed water quality 
        restoration and protection projects for the Tijuana River 
        watershed that--
                    (A) provides for the management of wastewater or 
                stormwater or the removal of debris, sediment, 
                chemicals, bacteria, and other contaminants from the 
                water flowing north into the United States;
                    (B) estimates the costs and identifies the entities 
                that will fund the construction, operation, and 
                maintenance of each project on the priority list;
                    (C) is developed in coordination with the entities 
                described in section 103(c);
                    (D) assists agencies to coordinate funding; and
                    (E) identifies projects--
                            (i) in the Mexican Tijuana River watershed;
                            (ii) in the American Tijuana River 
                        watershed; and
                            (iii) that address transboundary flows that 
                        affect coastal communities in and near the 
                        Tijuana River watershed.
            (2) Development.--In developing the priority list under 
        paragraph (1), the Administrator shall--
                    (A) use the best available science, including any 
                relevant findings and recommendations of a watershed 
                assessment conducted by Federal, State, and local 
                agencies;
                    (B) carry out and fund science development, 
                monitoring, or modeling as needed to inform project 
                development and assessment; and
                    (C) include, in order of priority, potential or 
                proposed water quality or stormwater projects for the 
                restoration and protection of the Tijuana River that--
                            (i) would help--
                                    (I) to achieve and maintain the 
                                water quality standards for--
                                            (aa) public health;
                                            (bb) recreational 
                                        opportunities;
                                            (cc) scenic resources; and
                                            (dd) wildlife and habitat; 
                                        and
                                    (II) to address water needs in the 
                                Tijuana River watershed, including 
                                through water reuse and water 
                                recycling; and
                            (ii) would identify responsible agencies 
                        and funding sources through coordinated efforts 
                        by the entities described in section 103(c).

SEC. 105. GRANTS, AGREEMENTS, AND ASSISTANCE.

    (a) In General.--In order to carry out the purposes of the program 
as described in section 101(b), the Administrator may--
            (1) provide grants and technical assistance to the 
        Commissioner, State and local governments, nonprofit 
        organizations, and institutions of higher education, in both 
        the United States and Mexico; and
            (2) enter into interagency agreements with other Federal 
        agencies.
    (b) Criteria.--The Administrator, in consultation with the entities 
described in section 103(c), shall develop criteria for providing 
grants and technical assistance and entering into interagency 
agreements under subsection (a) to ensure that activities carried out 
under an interagency agreement or using those grants or technical 
assistance--
            (1) accomplish 1 or more of the purposes identified in 
        section 101(b); and
            (2) advance the implementation of priority projects 
        identified under section 104(c).
    (c) Cost Sharing.--The Administrator may establish a Federal share 
requirement for any project carried out using any assistance proved 
under this section on an individual project basis.
    (d) Administration.--
            (1) In general.--The Administrator may enter into an 
        agreement to manage the implementation of this section with the 
        North American Development Bank or a similar organization that 
        offers grant management services.
            (2) Funding.--If the Administrator 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 the date of enactment of an appropriations 
                Act making appropriations to the Administrator for a 
                fiscal year, or as soon as practicable thereafter; and
                    (B) otherwise administer the implementation of this 
                section to support partnerships between the public and 
                private sectors in accordance with this title.
    (e) Construction, Operation, and Maintenance.--The Commissioner may 
construct, operate, and maintain any project carried out using funds 
made available to carry out this section.

SEC. 106. ANNUAL BUDGET PLAN.

    The President, as part of the annual budget submission of the 
President to Congress under section 1105(a) of title 31, United States 
Code, shall submit estimated expenditures and proposed appropriations 
for projects under this title for the current year, the budget year, 
and 5 outyears (as those terms are defined in section 250(c) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
900(c))), including for projects included in the priority list under 
section 104(c), for each Federal agency described in section 103(c)(1).

SEC. 107. REPORTS.

    Not later than 180 days after the date of enactment of this Act, 
and every 2 years thereafter, the Administrator shall submit to 
Congress a report on the implementation of this title, including--
            (1) a description of--
                    (A) each project that has received funding pursuant 
                to this title; and
                    (B) the status of all projects that have received 
                funding pursuant to this title that are in progress on 
                the date of submission of the report; and
            (2) an assessment of the effectiveness of the operation and 
        maintenance of each project that has been carried out pursuant 
        to this title.

    TITLE II--NEW RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

SEC. 201. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the New River was born out of--
                    (A) occasional flows of the Colorado River into the 
                Salton Sink; and
                    (B) the erosion of the New River channel, which 
                formed the deep river canyon between 1905 and 1907;
            (2) the New River--
                    (A) starts in Mexicali, Mexico;
                    (B) flows north into the United States through 
                Calexico;
                    (C) passes through the Imperial Valley; and
                    (D) drains into the Salton Sea approximately 66 
                miles north of the international boundary;
            (3) the sub-watershed of the New River covers approximately 
        750 square miles, of which 63 percent is in Mexico and 37 
        percent is in the United States;
            (4) the New River has been widely recognized for 
        significant water pollution problems, primarily because of 
        agricultural runoff, raw sewage, pesticides, and discharges of 
        wastes from domestic, agricultural, and industrial sources in 
        Mexico and the Imperial Valley;
            (5) by the 1980s, the New River acquired the reputation of 
        being 1 of the most polluted rivers in the United States, with 
        many pollutants in the New River posing serious human health 
        hazards to local populations, particularly in Calexico and 
        Mexicali;
            (6) in 1992, Minute 288 of the International Boundary and 
        Water Commission--
                    (A) established a sanitation strategy for the water 
                quality problems of the New River at the international 
                border; and
                    (B) divided sanitation projects into 2 immediate 
                repair projects, the Mexicali I and Mexicali II, that--
                            (i) totaled approximately $50,000,000; and
                            (ii) were funded by both the United States 
                        and Mexico through the North American 
                        Development Bank;
            (7) in 1995, the Environmental Protection Agency provided 
        funds to the California Regional Water Quality Control Board to 
        monitor and document the water quality at the international 
        boundary on a monthly basis;
            (8) in the late 1990s--
                    (A) the United States and Mexico spent $100,000,000 
                (of which 45 percent was paid by Mexico and 55 percent 
                was paid by the United States) to build the Las 
                Arenitas and Zaragoza wastewater treatment plants; and
                    (B) after the construction of those plants, 
                untreated water from the New River was passed through 4 
                microbial treatment cells at the Las Arenitas 
                wastewater treatment plant, which was then chlorinated 
                and fed into a reforestation project along the 
                desiccated Rio Hardy, which stretches to the Sea of 
                Cortez;
            (9) a 10-year effort by community groups, lawyers, 
        regulatory agencies, and politicians addressed the problem of 
        water quality in the New River at the source by--
                    (A) federally funding a new sewage treatment plant 
                in Mexicali; and
                    (B) developing a site plan for the portion of the 
                New River in the United States;
            (10) in 2009, the State of California required the 
        California-Mexico Border Relations Council--
                    (A) to create a water quality plan to study, 
                monitor, remediate, and enhance the water quality of 
                the New River to protect human health; and
                    (B) to develop a river parkway suitable for public 
                use;
            (11) in 2012, the California-Mexico Border Relations 
        Council approved the strategic plan for the New River 
        Improvement Project that was prepared by the New River 
        Improvement Project Technical Advisory Committee;
            (12) in 2016, the New River Improvement Project Technical 
        Advisory Committee revised the recommended infrastructure of 
        the New River Improvement Project, and the State of California 
        appropriated $1,400,000 to provide grants or contracts to carry 
        out the necessary planning, design, environmental review, and 
        permitting work;
            (13) the revised New River Improvement Project includes the 
        installation of a large trash screen, a conveyance system, 
        aeration devices, a new pump station, and managed wetlands; and
            (14) the existing and ongoing voluntary conservation 
        efforts at the New River necessitate improved efficiency and 
        cost effectiveness, increased private sector investments, and 
        coordination of Federal and non-Federal resources.
    (b) Purposes.--The purposes of this title include--
            (1) coordinating water quality restoration and protection 
        activities relating to the New River among Mexican, Federal, 
        State, local, and regional entities and conservation partners; 
        and
            (2) carrying out coordinated restoration and protection 
        activities relating to the New River and providing technical 
        assistance for those activities--
                    (A) to sustain and enhance fish and wildlife 
                habitat restoration and protection activities;
                    (B) to improve and maintain water quality to 
                support fish and wildlife, as well as the habitats of 
                fish and wildlife;
                    (C) to sustain and enhance water management for 
                volume and flood damage mitigation improvements to 
                benefit fish and wildlife habitat;
                    (D) to improve opportunities for public access to, 
                and recreation in and along, the New River consistent 
                with the ecological needs of fish and wildlife habitat;
                    (E) to maximize the resilience of natural systems 
                and habitats under changing watershed conditions;
                    (F) to engage the public through outreach, 
                education, and citizen involvement to increase capacity 
                and support for coordinated water quality restoration 
                and protection activities relating to the New River;
                    (G) to increase scientific capacity to support the 
                planning, monitoring, and research activities necessary 
                to carry out coordinated water quality restoration and 
                protection activities relating to the New River; and
                    (H) to provide technical assistance to carry out 
                water quality restoration and protection activities 
                relating to the New River.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Program.--The term ``program'' means the California New 
        River Public Health and Water Quality Restoration Program 
        established under section 203(a).
            (2) Water quality restoration and protection.--The term 
        ``water quality restoration and protection'', with respect to 
        the New River watershed, means--
                    (A) the enhancement of water quality and stormwater 
                management; and
                    (B) the use of natural and green infrastructure to 
                enhance the ability of the watershed to capture 
                pollutants and reduce runoff to prevent flooding.

SEC. 203. CALIFORNIA NEW RIVER PUBLIC HEALTH AND WATER QUALITY 
              RESTORATION PROGRAM.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a program, to 
be known as the ``California New River Public Health and Water Quality 
Restoration Program''.
    (b) Duties.--In carrying out the program, the Administrator shall--
            (1) carry out projects, plans, and initiatives for the New 
        River that are supported by the California-Mexico Border 
        Relations Council, and work in consultation with applicable 
        management entities, including representatives of the Calexico 
        New River Committee, the California-Mexico Border Relations 
        Council, the New River Improvement Project Technical Advisory 
        Committee, the Federal Government, State and local governments, 
        and regional and nonprofit organizations, to carry out water 
        quality restoration and protection activities relating to the 
        New River;
            (2) carry out activities that--
                    (A) develop, using monitoring, data collection, and 
                assessment, a shared set of science-based water quality 
                restoration and protection activities identified in 
                accordance with paragraph (1);
                    (B) support the implementation of a shared set of 
                science-based water quality restoration and protection 
                activities identified in accordance with paragraph (1), 
                including water reuse projects, water recycling 
                projects, and natural and green infrastructure 
                projects;
                    (C) target cost-effective projects with measurable 
                results; and
                    (D) maximize public health and water quality 
                conservation outcomes; and
            (3) provide grants, agreements, and technical assistance in 
        accordance with section 205.
    (c) Coordination.--In establishing the program, the Administrator 
shall consult, as appropriate, with--
            (1) the heads of Federal agencies, including--
                    (A) the Secretary of the Interior;
                    (B) the Secretary of Agriculture;
                    (C) the Secretary of Homeland Security;
                    (D) the Administrator of General Services;
                    (E) the Commissioner of U.S. Customs and Border 
                Protection;
                    (F) the Commissioner;
                    (G) the Secretary of the Army, acting through the 
                Chief of Engineers;
                    (H) the Administrator of the National Oceanic and 
                Atmospheric Administration;
                    (I) the Director of the United States Fish and 
                Wildlife Service; and
                    (J) the head of any other applicable agency, as 
                determined by the Administrator;
            (2) the Governor of California;
            (3) the California Environmental Protection Agency;
            (4) the California State Water Resources Control Board;
            (5) the California Department of Water Resources;
            (6) the Colorado River Basin Regional Water Quality Control 
        Board;
            (7) the Imperial Irrigation District;
            (8) other public agencies and organizations with authority 
        for the planning and implementation of conservation strategies 
        relating to the New River in the United States and Mexico, as 
        determined by the Administrator; and
            (9) representatives of the North American Development Bank.
    (d) Cooperative Agreements and Memoranda of Understanding.--
            (1) In general.--To achieve the purposes of this title and 
        to ensure effective coordination of Federal and non-Federal 
        water quality restoration and protection activities, the 
        Administrator shall use amounts made available for the border 
        water infrastructure program under section 301 and payments 
        received pursuant to paragraph (4)(A) to enter into cooperative 
        agreements and memoranda of understanding with, and provide 
        technical assistance to--
                    (A) the heads of other Federal agencies, States, 
                State agencies, units of local government, regional 
                governmental bodies, and private entities; and
                    (B) in cooperation with the Secretary, the 
                Government of Mexico.
            (2) Use of agreements.--The Administrator shall enter into 
        the cooperative agreements and memoranda of understanding 
        described in paragraph (1)--
                    (A) to carry out the activities described in this 
                section, including studies, plans, construction, and 
                completion of projects to improve the water quality of, 
                environment of, and public health around the New River; 
                and
                    (B) to carry out a pilot project under which the 
                Administrator shall, for projects selected by the 
                Administrator that would otherwise not be successful in 
                improving the water quality of, environment of, and 
                public health of people residing in areas surrounding 
                the New River--
                            (i) identify the parties responsible for 
                        the projects; and
                            (ii) provide funds to those parties for the 
                        operations and maintenance of the projects.
            (3) Term.--The cooperative agreements and memoranda of 
        understanding described in paragraph (1) shall be limited to a 
        specified period of time, as determined by the Administrator.
            (4) Financial arrangements.--
                    (A) In general.--If the Administrator enters into a 
                cooperative agreement or memorandum of understanding 
                described in paragraph (1), the Administrator may 
                require the other party to the agreement or memorandum 
                to provide payment to the Administrator.
                    (B) Deposit.--Any amounts received as a payment 
                under subparagraph (A) shall be deposited into the 
                State and Tribal Assistance Grants account of the 
                Environmental Protection Agency and shall remain 
                available, without further appropriation, to carry out 
                the purposes of this title.
            (5) Personnel; services; technical assistance.--The 
        Administrator may provide or accept personnel, services, and 
        technical assistance pursuant to a cooperative agreement or 
        memorandum of understanding described in paragraph (1), with or 
        without reimbursement, for the purposes of carrying out the 
        agreement or memorandum.

SEC. 204. WATER QUALITY PLAN.

    (a) Development.--
            (1) In general.--The Administrator, in consultation with 
        the entities described in section 203(c), shall develop a plan 
        for the purpose of improving and protecting the water quality 
        of the New River watershed.
            (2) Requirements.--The plan under paragraph (1) shall--
                    (A) build on and incorporate any existing efforts 
                and plans to improve and protect the water quality of 
                the New River, whether ongoing or completed; and
                    (B) include--
                            (i) such features as are needed to improve 
                        and protect the quality of wastewater, 
                        stormwater runoff, and other untreated flows;
                            (ii) criteria for selecting--
                                    (I) water quality restoration and 
                                protection projects; and
                                    (II) projects on the priority list 
                                under subsection (c)(1);
                            (iii) the amounts necessary for the 
                        operations and maintenance of infrastructure 
                        existing on and constructed after the date of 
                        enactment of this Act; and
                            (iv) potential sources of funding to help 
                        pay the costs described in clause (iii).
            (3) Operations and maintenance funding.--
                    (A) In general.--The Administrator, working with 
                the entities described in section 203(c), shall assess 
                and identify potential alternative sources and 
                approaches for financing infrastructure projects, 
                including financing the operations and maintenance of 
                those infrastructure projects.
                    (B) Requirement.--In carrying out subparagraph (A), 
                the Administrator shall assess the approaches 
                identified in the report of the Environmental Financial 
                Advisory Board entitled ``Evaluating Stormwater 
                Infrastructure Funding and Financing'' and dated March 
                2020.
    (b) Issuance; Updates.--The Administrator shall--
            (1) not later than 1 year after the date of enactment of 
        this Act, issue the plan under subsection (a)(1); and
            (2) every 5 years after the date on which the plan is 
        issued under paragraph (1), update the plan.
    (c) Priority List.--
            (1) In general.--The plan under subsection (a)(1) shall 
        include a priority list of potential or proposed water quality 
        restoration and protection projects for the New River watershed 
        that--
                    (A) provides for the management of wastewater or 
                stormwater or the removal of debris, sediment, 
                chemicals, bacteria, and other contaminants from the 
                water flowing north into the United States;
                    (B) estimates the costs and identifies the entities 
                that will fund the construction, operation, and 
                maintenance of each project on the priority list;
                    (C) is developed in coordination with the entities 
                described in section 203(c);
                    (D) assists agencies to coordinate funding; and
                    (E) identifies projects--
                            (i) in the New River watershed; and
                            (ii) that address transboundary flows that 
                        affect coastal communities in and near the New 
                        River watershed.
            (2) Development.--In developing the priority list under 
        paragraph (1), the Administrator shall--
                    (A) use the best available science, including any 
                relevant findings and recommendations of a watershed 
                assessment conducted by Federal, State, and local 
                agencies;
                    (B) carry out and fund science development, 
                monitoring, or modeling as needed to inform project 
                development and assessment; and
                    (C) include, in order of priority, potential or 
                proposed water quality or stormwater projects for the 
                restoration and protection of the New River that--
                            (i) would help--
                                    (I) to achieve and maintain the 
                                water quality standards for--
                                            (aa) public health;
                                            (bb) recreational 
                                        opportunities;
                                            (cc) scenic resources; and
                                            (dd) wildlife and habitat; 
                                        and
                                    (II) to address water needs in the 
                                New River watershed, including through 
                                water reuse and water recycling; and
                            (ii) would identify responsible agencies 
                        and funding sources through coordinated efforts 
                        by the entities described in section 203(c).

SEC. 205. GRANTS, AGREEMENTS, AND ASSISTANCE.

    (a) In General.--In order to carry out the purposes of the program 
as described in section 201(b), the Administrator may--
            (1) provide grants and technical assistance to the 
        Commissioner, State and local governments, nonprofit 
        organizations, and institutions of higher education, in both 
        the United States and Mexico; and
            (2) enter into interagency agreements with other Federal 
        agencies.
    (b) Criteria.--The Administrator, in consultation with the entities 
described in section 203(c), shall develop criteria for providing 
grants and technical assistance and entering into interagency 
agreements under subsection (a) to ensure that activities carried out 
under an interagency agreement or using those grants or technical 
assistance--
            (1) accomplish 1 or more of the purposes identified in 
        section 201(b); and
            (2) advance the implementation of priority projects 
        identified under section 204(c).
    (c) Cost Sharing.--The Administrator may establish a Federal share 
requirement for any project carried out using any assistance proved 
under this section on an individual project basis.
    (d) Administration.--
            (1) In general.--The Administrator may enter into an 
        agreement to manage the implementation of this section with the 
        North American Development Bank or a similar organization that 
        offers grant management services.
            (2) Funding.--If the Administrator 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 the date of enactment of an appropriations 
                Act making appropriations to the Administrator for a 
                fiscal year, or as soon as practicable thereafter; and
                    (B) otherwise administer the implementation of this 
                section to support partnerships between the public and 
                private sectors in accordance with this title.
    (e) Construction, Operation, and Maintenance.--The Commissioner may 
construct, operate, and maintain any project carried out using funds 
made available to carry out this section.

SEC. 206. ANNUAL BUDGET PLAN.

    The President, as part of the annual budget submission of the 
President to Congress under section 1105(a) of title 31, United States 
Code, shall submit estimated expenditures and proposed appropriations 
for projects under this title for the current year, budget year, and 5 
outyears (as those terms are defined in section 250(c) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c))), 
including for projects included in the priority list under section 
204(c), for each Federal agency described in section 203(c)(1).

SEC. 207. REPORTS.

    Not later than 180 days after the date of enactment of this Act, 
and every 2 years thereafter, the Administrator shall submit to 
Congress a report on the implementation of this title, including--
            (1) a description of--
                    (A) each project that has received funding pursuant 
                to this title; and
                    (B) the status of all projects that have received 
                funding pursuant to this title that are in progress on 
                the date of submission of the report; and
            (2) an assessment of the effectiveness of the operation and 
        maintenance of each project that has been carried out pursuant 
        to this title.

           TITLE III--BORDER WATER INFRASTRUCTURE IMPROVEMENT

SEC. 301. UNITED STATES-MEXICO BORDER WATER INFRASTRUCTURE PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means 
        the United States Section of the International Boundary and 
        Water Commission, a State, a local government, an Indian Tribe, 
        or a water or wastewater district with jurisdiction over any 
        area in the United States or Mexico that is located within 100 
        kilometers of the United States-Mexico border.
            (2) Eligible project.--
                    (A) In general.--The term ``eligible project'' 
                means a project for the construction of infrastructure 
                for drinking water treatment or distribution, 
                wastewater management, or stormwater management, 
                including natural and green infrastructure and 
                infrastructure for water reuse and water recycling, 
                that--
                            (i) addresses an existing human health or 
                        ecological issue;
                            (ii) has an effect in the United States;
                            (iii) with respect to wastewater management 
                        infrastructure the water discharged from which 
                        will flow, directly or indirectly, into the 
                        United States, is designed to meet, to the 
                        maximum extent practicable, all relevant water 
                        quality standards of the country in which the 
                        project is located, including, for projects 
                        located in the United States, any applicable 
                        standards established under the Federal Water 
                        Pollution Control Act (33 U.S.C. 1251 et seq.);
                            (iv) is proposed by an eligible entity with 
                        legal authority--
                                    (I) to develop the project;
                                    (II) to provide the proposed 
                                drinking water or wastewater services; 
                                and
                                    (III) to obtain necessary 
                                financing, including operations and 
                                maintenance funding;
                            (v) will comply with relevant State and 
                        local environmental and other laws (including 
                        regulations), including with respect to--
                                    (I) obtaining any necessary 
                                operating permits and licenses; and
                                    (II) complying with any other 
                                regulatory requirements related to land 
                                acquisition and rights-of-way; and
                            (vi) has the support of appropriate Mexican 
                        Federal and State agencies, including the 
                        Comision Nacional de Agua (commonly known as 
                        ``CONAGUA'' or the Mexican National Water 
                        Commission) and any appropriate State or 
                        municipal water utility, if the project is 
                        located in Mexico.
                    (B) Exclusions.--The term ``eligible project'' does 
                not include a project--
                            (i) for new water supply;
                            (ii) that threatens an ecosystem located in 
                        the United States, or that is located in both 
                        the United States and Mexico, if the project 
                        causes a reduction in the flow of water; or
                            (iii) to provide drinking water, 
                        wastewater, or stormwater services to enable 
                        new development.
            (3) Program.--The term ``program'' means the program 
        established under subsection (b).
    (b) Establishment.--The Administrator shall carry out a program to 
provide assistance to eligible entities for activities related to 
eligible projects, including feasibility studies, planning studies, 
environmental assessments, financial analyses, community participation 
efforts, and architectural, engineering, planning, design, 
construction, and operations and maintenance activities.
    (c) Consultation.--In carrying out the program, the Administrator 
shall consult with the North American Development Bank.
    (d) Coordination.--In carrying out the program, the Administrator 
shall coordinate with Federal, State, local, and Tribal entities in the 
border region, including the Department of Homeland Security, the 
International Boundary and Water Commission, and relevant State 
agencies.
    (e) Project Selection.--
            (1) In general.--In selecting projects for which to provide 
        assistance under the program, the Administrator shall select 
        projects in accordance with--
                    (A) paragraph (2); and
                    (B) any other criteria determined appropriate by 
                the Administrator.
            (2) Prioritization.--In carrying out paragraph (1), the 
        Administrator shall prioritize projects that--
                    (A) are identified in a plan developed pursuant to 
                section 104 or 204; or
                    (B)(i) are likely to have the greatest positive 
                effects relating to the environment and public health;
                    (ii) will result in benefits on the United States 
                side of the United States-Mexico border;
                    (iii) address the most urgent public health and 
                environmental needs, as determined by the heads of the 
                Regional offices for Regions 6 and 9 of the 
                Environmental Protection Agency; and
                    (iv) maximize sustainable practices, such as water 
                reuse and water recycling, natural and green 
                infrastructure, water efficiency, and conservation.
    (f) Terms and Conditions.--The Administrator may establish such 
terms and conditions on assistance provided under the program as the 
Administrator determines appropriate.
    (g) Cost Share.--The Administrator may establish a Federal share 
requirement for any project carried out using any assistance proved 
under this section on an individual project basis.
    (h) Regional Allocations.--The amounts made available to carry out 
this section shall be made available in equal amounts for use by the 
Regional offices for Regions 6 and 9 of the Environmental Protection 
Agency.

                        TITLE IV--MISCELLANEOUS

SEC. 401. ROLE OF THE COMMISSIONER AND INTERNATIONAL AGREEMENTS.

    (a) Wastewater and Stormwater Authority.--The Commissioner may 
study, design, construct, operate, and maintain projects to manage, 
improve, and protect the quality of wastewater, stormwater runoff, and 
other untreated flows in the Tijuana River watershed and the New River 
watershed.
    (b) Tijuana and New River Projects Within the United States.--The 
Secretary, acting through the Commissioner, shall--
            (1) construct, operate, and maintain projects that--
                    (A) are on a priority list developed under section 
                104(c) or 204(c);
                    (B) are within the United States; and
                    (C) improve the water quality of the Tijuana River 
                watershed or the New River watershed, as applicable; 
                and
            (2) use available funds, including funds received under 
        this Act, to construct, operate, and maintain the projects 
        described in paragraph (1).
    (c) Agreements With Mexico.--The Secretary, acting through the 
Commissioner, may execute an agreement with the appropriate official or 
officials of the Government of Mexico for--
            (1) the joint study and design of stormwater control and 
        water quality projects; and
            (2) on approval of the necessary plans and specifications 
        of the projects described in paragraph (1), the construction, 
        operation, and maintenance of those projects by the United 
        States and Mexico, in accordance with the treaty relating to 
        the utilization of the waters of the Colorado and Tijuana 
        Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, 
        Texas, to the Gulf of Mexico, and supplementary protocol, 
        signed at Washington February 3, 1944 (59 Stat. 1219), between 
        the United States and Mexico.
    (d) Funding.--A project located wholly or partially within Mexico 
shall be eligible for funding under the program established under 
section 301(b) if the project is--
            (1) identified under and consistent with the results of the 
        study under subsection (c)(1); and
            (2) approved pursuant to subsection (c)(2).
    (e) Savings Provision.--Nothing in this section limits the 
authority of the International Boundary and Water Commission under this 
Act or any other provision of law.
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