[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 128 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 128

  To provide for the assumption of full ownership and control of the 
     International Outfall Interceptor in Nogales, Arizona, by the 
  International Boundary and Water Commission, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2023

 Ms. Sinema (for herself and Mr. Kelly) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To provide for the assumption of full ownership and control of the 
     International Outfall Interceptor in Nogales, Arizona, by the 
  International Boundary and Water Commission, 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 ``Nogales Wastewater Improvement Act 
of 2023''.

SEC. 2. NOGALES WASTEWATER IMPROVEMENT.

    (a) Amendment to the Act of July 27, 1953.--The first section of 
the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d-
10), is amended by striking the period at the end and inserting ``: 
Provided further, That the equitable portion of the Nogales sanitation 
project for the city of Nogales, Arizona, shall be limited to the costs 
directly associated with the treatment and conveyance of the wastewater 
of the city and, to the extent practicable, shall not include any costs 
directly associated with the quality or quantity of wastewater 
originating in Mexico.''.
    (b) Nogales Sanitation Project.--
            (1) Definitions.--In this subsection:
                    (A) City.--The term ``City'' means the City of 
                Nogales, Arizona.
                    (B) Commission.--The term ``Commission'' means the 
                United States Section of the International Boundary and 
                Water Commission.
                    (C) International outfall interceptor.--The term 
                ``International Outfall Interceptor'' means the 
                pipeline that conveys wastewater from the United 
                States-Mexico border to the Nogales International 
                Wastewater Treatment Plant.
                    (D) Nogales international wastewater treatment 
                plant.--The term ``Nogales International Wastewater 
                Treatment Plant'' means the wastewater treatment plant 
                that--
                            (i) is operated by the Commission;
                            (ii) is located in Rio Rico, Santa Cruz 
                        County, Arizona, after manhole 99; and
                            (iii) treats sewage and wastewater 
                        originating from--
                                    (I) Nogales, Sonora, Mexico; and
                                    (II) Nogales, Arizona.
            (2) Ownership and control.--
                    (A) In general.--Subject to subparagraph (B) and in 
                accordance with authority under the Act of July 27, 
                1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d-10 et 
                seq.), on transfer by donation from the City of the 
                current stake of the City in the International Outfall 
                Interceptor to the Commission, the Commission shall 
                enter into such agreements as are necessary to assume 
                full ownership and control over the International 
                Outfall Interceptor.
                    (B) Agreements required.--The Commission shall 
                assume full ownership and control over the 
                International Outfall Interceptor under subparagraph 
                (A) after all applicable governing bodies in the State 
                of Arizona, including the City, have--
                            (i) signed memoranda of understanding 
                        granting to the Commission access to existing 
                        easements for a right of entry to the 
                        International Outfall Interceptor for the life 
                        of the International Outfall Interceptor;
                            (ii) entered into an agreement with respect 
                        to the flows entering the International Outfall 
                        Interceptor that are controlled by the City; 
                        and
                            (iii) agreed to work in good faith to 
                        expeditiously enter into such other agreements 
                        as are necessary for the Commission to operate 
                        and maintain the International Outfall 
                        Interceptor.
            (3) Operations and maintenance.--
                    (A) In general.--Beginning on the date on which the 
                Commission assumes full ownership and control of the 
                International Outfall Interceptor under paragraph 
                (2)(A), but subject to paragraph (5), the Commission 
                shall be responsible for the operations and maintenance 
                of the International Outfall Interceptor.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated to the Commission to 
                carry out this paragraph, to remain available until 
                expended--
                            (i) $6,500,000 for fiscal year 2025; and
                            (ii) not less than $2,500,000 for fiscal 
                        year 2026 and each fiscal year thereafter.
            (4) Debris screen.--
                    (A) Debris screen required.--
                            (i) In general.--The Commission shall 
                        construct, operate, and maintain a debris 
                        screen at Manhole One of the International 
                        Outfall Interceptor for intercepting debris and 
                        drug bundles coming to the United States from 
                        Nogales, Sonora, Mexico.
                            (ii) Requirement.--In constructing and 
                        operating the debris screen under clause (i), 
                        the Commission and the Commissioner of U.S. 
                        Customs and Border Protection shall 
                        coordinate--
                                    (I) the removal of drug bundles and 
                                other illicit goods caught in the 
                                debris screen; and
                                    (II) other operations at the 
                                International Outfall Interceptor that 
                                require coordination.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated to the Commission, to 
                remain available until expended--
                            (i) for fiscal year 2025--
                                    (I) $8,000,000 for construction of 
                                the debris screen described in 
                                subparagraph (A)(i); and
                                    (II) not less than $1,000,000 for 
                                the operations and maintenance of the 
                                debris screen described in subparagraph 
                                (A)(i); and
                            (ii) not less than $1,000,000 for fiscal 
                        year 2026 and each fiscal year thereafter for 
                        the operations and maintenance of the debris 
                        screen described in subparagraph (A)(i).
            (5) Limitation of claims.--Chapter 171 and section 1346(b) 
        of title 28, United States Code (commonly known as the 
        ``Federal Tort Claims Act''), shall not apply to any claim 
        arising from the activities of the Commission in carrying out 
        this subsection, including any claim arising from damages that 
        result from overflow of the International Outfall Interceptor 
        due to excess inflow to the International Outfall Interceptor 
        originating from Nogales, Sonora, Mexico.
    (c) Effective Date.--This section (including the amendments made by 
this section) takes effect on October 1, 2024.
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