[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5333]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5861. Ms. SINEMA (for herself and Mr. Kelly) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. 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 Border 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) $4,400,000 for fiscal year 2023; and
       (ii) not less than $2,500,000 for fiscal year 2024 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) $11,900,000 for fiscal year 2023 for construction of 
     the debris screen described in subparagraph (A)(i); and
       (ii) $2,200,000 for fiscal year 2024 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.
  

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