[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5051-S5053]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2807. Ms. BUTLER (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 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 end of title X, add the following:

       Subtitle I--Tijuana River Public Health and Water Quality

     SEC. 1096. PURPOSES.

       The purposes of this subtitle 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 Federal, State, local, and 
     regional entities and conservation partners relating to water 
     quality and stormwater management in the American Tijuana 
     River watershed; and
       (3) to provide funding for water quality restoration and 
     protection activities in the American Tijuana River 
     watershed.

     SEC. 1097. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) American tijuana river watershed.--The term ``American 
     Tijuana River watershed'' means the portion of the Tijuana 
     River watershed that lies in the United States.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the United States Section of the 
     International Boundary and Water Commission.
       (4) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 102 of the 
     Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
     5130).
       (5) Program.--The term ``program'' means the Tijuana River 
     Public Health and Water Quality Restoration Program 
     established under section 1098(a)(1).
       (6) Program director.--The term ``Program Director'' means 
     the Program Director of the program designated under section 
     1098(a)(2).
       (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.
       (9) 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.
       (10) 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.

     SEC. 1098. TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY 
                   RESTORATION PROGRAM.

       (a) Establishment.--
       (1) Program.--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''.
       (2) Program director.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator shall 
     designate a Program Director of the program, who shall--
       (A) have leadership and project management experience; and
       (B) be qualified--
       (i) to direct the integration of multiple project planning 
     efforts and programs from different agencies and 
     jurisdictions;
       (ii) to align numerous, and possibly competing, priorities 
     to accomplish visible and measurable outcomes under the water 
     quality plan under section 1099(a)(1);
       (iii) to manage efforts and associated functions needed to 
     run the management conference described in subsection (b)(2);
       (iv) to facilitate engagement with the International 
     Boundary and Water Commission and related Federal agencies;
       (v) to solicit feedback from relevant Federal, State, 
     Tribal, local, public, nonprofit, and other relevant 
     stakeholders on the creation and implementation of the water 
     quality plan under section 1099(a)(1); and
       (vi) to consult with Indian Tribes within the American 
     Tijuana River watershed region.
       (b) Duties.--In carrying out the program--
       (1) the Administrator shall--
       (A) develop the water quality plan under section 1099(a)(1) 
     to address pollution prevention, environmental and ecological 
     restoration, climate change, resilience, and mitigation, and 
     related efforts, in the American Tijuana River watershed 
     region;
       (B) 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;
       (C) carry out activities that--
       (i) develop, using monitoring, data collection, and 
     assessment, a shared set of science-based water quality 
     restoration and protection activities identified in 
     accordance with subparagraph (B);
       (ii) support the implementation of a shared set of science-
     based water quality restoration and protection activities 
     identified in accordance with subparagraph (B), including 
     water reuse projects, water recycling projects, and natural 
     and green infrastructure projects;
       (iii) target cost-effective projects with measurable 
     results; and
       (iv) maximize public health and water quality conservation 
     outcomes;
       (D) 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;
       (E) coordinate a funding strategy among available funding 
     sources in the region; and
       (F) provide grants, agreements, and technical assistance in 
     accordance with section 1099A; and
       (2) not later than 120 days after the date on which the 
     Program Director is designated under subsection (a)(2), the 
     Program Director shall convene a management conference for 
     the Tijuana River pursuant to section 320 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1330).
       (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) a representative of Naval Base Coronado;

[[Page S5052]]

       (3) a representative of the Commander, Navy Region 
     Southwest;
       (4) a representative of the Coast Guard;
       (5) a representative of the United States Geological 
     Survey;
       (6) a representative of the Bureau of Indian Affairs;
       (7) a representative from each Indian Tribe located within 
     the American Tijuana River watershed;
       (8) 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;
       (9) 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;
       (10) 2 representatives of relevant nonprofit groups, chosen 
     on a rotating 3-year cycle by the Governor of California;
       (11) 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
       (12) representatives of the North American Development 
     Bank.
       (d) Cooperative Agreements and Memoranda of 
     Understanding.--
       (1) In general.--To achieve the purposes of this subtitle 
     and to ensure effective coordination of Federal and non-
     Federal water quality restoration and protection activities, 
     the Administrator shall use amounts made available for those 
     purposes from any Federal agency, including the the U.S.-
     Mexico Border Water Infrastructure Grant Program of the 
     Environmental Protection Agency, 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 subtitle.
       (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.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Administrator to carry out this section $50,000,000 for 
     each of fiscal years 2025 through 2035, to remain available 
     until expended.
       (2) Set aside.--Of amounts made available to carry out this 
     section, the Administrator may use not more than 5 percent 
     for grants under this section for salaries, expenses, and 
     administration.

     SEC. 1099. WATER QUALITY PLAN.

       (a) Development.--
       (1) In general.--The Administrator, in consultation with 
     the individuals and entities described in section 1098(c), 
     shall develop a plan for the purpose of improving and 
     protecting the water quality of the Tijuana River watershed.
       (2) Requirements.--The water quality 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 
     individuals and entities described in section 1098(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 water quality 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 water quality 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 individuals and 
     entities described in section 1098(c);
       (D) assists agencies to coordinate funding; and
       (E) identifies projects--
       (i) in the American Tijuana River watershed; and
       (ii) 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 individuals and 
     entities described in section 1098(c).

     SEC. 1099A. GRANTS, AGREEMENTS, AND ASSISTANCE.

       (a) In General.--In order to carry out the purposes of the 
     program as described in section 1096, 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 
     individuals and entities described in section 1098(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 1096; and
       (2) advance the implementation of priority projects 
     identified under section 1099(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.--

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       (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 subtitle.
       (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. 1099B. 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 subtitle 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 1099(c), for each Federal agency described in section 
     1098(c)(1).

     SEC. 1099C. 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 
     subtitle, including--
       (1) a description of--
       (A) each project that has received funding pursuant to this 
     subtitle; and
       (B) the status of all projects that have received funding 
     pursuant to this subtitle 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 subtitle.
                                 ______