[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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