[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3251-S3252]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1805. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. UNITED STATES-MEXICO BORDER WATERS.

       (a) Definitions.--In this section:
       (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) 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.
       (4) 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.
       (5) 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.
       (6) Program.--The term ``program'' means the program 
     established under subsection (b)(1).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (8) 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.
       (b) United States-Mexico Border Water Infrastructure 
     Program.--
       (1) 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.
       (2) Consultation.--In carrying out the program, the 
     Administrator shall consult with the North American 
     Development Bank.
       (3) 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.
       (4) Project selection.--
       (A) In general.--In selecting projects for which to provide 
     assistance under the program, the Administrator shall select 
     projects in accordance with--
       (i) subparagraph (B); and
       (ii) any other criteria determined appropriate by the 
     Administrator.
       (B) Prioritization.--In carrying out subparagraph (A), the 
     Administrator shall prioritize projects that--
       (i) are identified in a plan developed by the Administrator 
     for projects to be carried out in the Tijuana River or New 
     River; or
       (ii)(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.
       (5) Terms and conditions.--The Administrator may establish 
     such terms and conditions on assistance provided under the 
     program as the Administrator determines appropriate.
       (6) Cost share.--The Administrator may establish a Federal 
     share requirement for any project carried out using any 
     assistance

[[Page S3252]]

     proved under this section on an individual project basis.
       (7) 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.
       (c) Role of the Commissioner and International 
     Agreements.--
       (1) 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.
       (2) Tijuana and new river projects within the united 
     states.--The Secretary, acting through the Commissioner, 
     shall--
       (A) construct, operate, and maintain projects that--
       (i) are on a priority list developed by the Environmental 
     Protection Agency for projects in the Tijuana River watershed 
     or New River watershed;
       (ii) are within the United States; and
       (iii) improve the water quality of the Tijuana River 
     watershed or the New River watershed, as applicable; and
       (B) use available funds, including funds received under 
     this section, to construct, operate, and maintain the 
     projects described in subparagraph (A).
       (3) 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--
       (A) the joint study and design of stormwater control and 
     water quality projects; and
       (B) on approval of the necessary plans and specifications 
     of the projects described in subparagraph (A), 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.
       (4) Funding.--A project located wholly or partially within 
     Mexico shall be eligible for funding under the program if the 
     project is--
       (A) identified under and consistent with the results of the 
     study under paragraph (3)(A); and
       (B) approved pursuant to paragraph (3)(B).
       (5) Savings provision.--Nothing in this subsection limits 
     the authority of the International Boundary and Water 
     Commission under this section or any other provision of law.
                                 ______