H.R. 9640

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9640 Introduced in House (IH)]

<DOC>

118th CONGRESS
2d Session
H. R. 9640

To provide for the water quality restoration of the Tijuana River and 
the New River.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 17, 2024

Mr. Vargas (for himself, Mr. Ruiz, Mr. Peters, Ms. Jacobs, and Mr. 
Levin) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committees on Energy and Commerce, Natural Resources, Foreign Affairs, 
and the Budget, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To provide for the water quality restoration of the Tijuana River and 
the New River.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Border Water 
Quality Restoration and Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

Sec. 101. Findings; purpose.
Sec. 102. Definitions.
Sec. 103. Tijuana River Public Health and Water Quality Restoration 
Program.
Sec. 104. Water quality action plan.
Sec. 105. Grants, interagency and other agreements, and assistance.
Sec. 106. Annual budget plan.
Sec. 107. Reports.
TITLE II--NEW RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

Sec. 201. Findings; purpose.
Sec. 202. Definitions.
Sec. 203. California New River Public Health and Water Quality 
Restoration Program.
Sec. 204. Water quality action plan.
Sec. 205. Grants, interagency and other agreements, and assistance.
Sec. 206. Annual budget plan.
Sec. 207. Reports.
TITLE III--BORDER WATER INFRASTRUCTURE IMPROVEMENT

Sec. 301. United States-Mexico border water infrastructure program.
TITLE IV--MISCELLANEOUS

Sec. 401. Role of the Commissioner and international agreements.

SEC. 2. DEFINITIONS.

In this Act:
(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) 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).
(4) Mexican.--The term ``Mexican'', with respect to 
entities from Mexico, means, as applicable, the Federal, State, 
and local governments of Mexico.
(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) Secretary.--The term ``Secretary'' means the Secretary 
of State.
(7) 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.
(8) 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.

TITLE I--TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

SEC. 101. FINDINGS; PURPOSE.

(a) Findings.--Congress finds that--
(1) the Tijuana River flows across the United States-Mexico 
border, through the southern United States, and into the 
Pacific Ocean;
(2) \3/4\ of the 1,750 square mile watershed of the Tijuana 
River lies in Mexico, and the remaining \1/4\ includes the 
Tijuana River National Estuarine Research Reserve in the United 
States;
(3) the Tijuana River National Estuarine Research Reserve 
is a partnership of Federal and State agencies, including the 
National Oceanic and Atmospheric Administration, California 
State Parks, and the United States Fish and Wildlife Service;
(4) the Tijuana River is a significant estuary and 
watershed, providing--
(A) economic and health benefits to the citizens of 
the United States and Mexico; and
(B) environmental benefits as critical habitat to 
shore birds;
(5) the economy of communities in southern California, 
including smaller communities, such as the City of Imperial 
Beach, and larger municipalities, such as the City of San 
Diego, may be significantly affected--
(A) if the natural beauty and recreational 
opportunities of the Tijuana River are degraded; and
(B) due to public health and environmental impacts;
(6) the Tijuana River watershed is in the midst of an 
environmental crisis, as stormwater flows from the upper 
watershed, originating in Tijuana, Mexico, carrying pollutants 
such as bacteria, trash, and sediment that severely affect 
water quality;
(7) coastal communities in and near the Tijuana River 
watershed are also affected, during certain tidal events, by a 
combination of treated wastewater and chlorinated-only 
wastewater discharged from the San Antonio de los Buenos 
wastewater treatment plant located 5 miles south of the United 
States-Mexico border in Tijuana;
(8) as reported by the Government Accountability Office in 
February 2020, transboundary flows of untreated sewage, 
combined with unmanaged stormwater, bring bacteria and other 
contaminants into the Tijuana River Valley watershed and 
beaches in the United States;
(9) sediment flows into the Tijuana River National Wildlife 
Refuge and blocks the flow of ocean water and creates an 
imbalance in water salinity, necessary for marsh plants, fish, 
and birds;
(10) before the date of enactment of this Act, the City of 
Imperial Beach has experienced more than 1,000 consecutive days 
of beach closures due to the ongoing influx of sewage, 
industrial discharges, and trash from the Tijuana River due to 
risk to human health;
(11) flows of untreated sewage, chemicals, and pollution 
from Mexico jeopardize the health of Border Patrol agents and 
limit the ability of those agents to operate in areas affected 
by these flows;
(12) a March 2020 report of the Environmental Financial 
Advisory Board of the Environmental Protection Agency--
(A) found that--
(i) ``stormwater knows no jurisdictional 
boundaries . . . and is a principal cause of 
water quality issues nationwide''; and
(ii) adequate funding to manage stormwater 
pollution lags behind the investments made in 
wastewater management and the delivery of safe 
drinking water by decades; and
(B) concluded that Federal investment will be 
required to address--
(i) the lack of State and local funding; 
and
(ii) multi-jurisdictional stormwater 
management needs;
(13) during the 10-year period before the date of enactment 
of this Act, Federal, State, and local governments and others 
have identified the benefits of using natural and green 
infrastructure to control and manage stormwater runoff, 
including wetlands, coastal dunes, and retention structures;
(14) during the 20-year period before the date of enactment 
of this Act, the United States and Mexico, through the 
International Boundary and Water Commission, have agreed to 
resolve the pollution problems in the Tijuana River;
(15) the International Boundary and Water Commission has 
negotiated 9 Minutes to resolve water quality problems in the 
Tijuana River, among other subjects;
(16) 1 of the most recent Minutes authorized the 
construction of the South Bay International Wastewater 
Treatment Plant in San Ysidro to treat, on average, 25,000,000 
gallons of sewage from Tijuana per day, which has reduced the 
sewage coming into the United States;
(17) the sewer system of Tijuana is--
(A) aging and deteriorating; and
(B) insufficient to meet the needs of a quickly 
growing population;
(18) in August 2023, Tropical Storm Hilary--
(A) caused more than 2,000,000,000 gallons of 
contaminated water to flow across the border; and
(B) exacerbated vulnerabilities at the South Bay 
International Wastewater Treatment Plant;
(19) on January 22, 2024, a record-breaking storm caused 
the Tijuana River to reach the highest flow ever recorded for 
that river at 14,500,000 gallons per day;
(20) from January to June of 2024, an estimated 
33,551,000,000 gallons of wastewater, treated water, and 
stormwater flowed from Mexico to the United States;
(21) on June 17, 2024, a pump station failure resulted in 
approximately 302,000 gallons of untreated spilling onto the 
public right-of-way;
(22) during the 2-year period before the date of enactment 
of this Act, transboundary flows occurred on 317 days, on 
average, each year;
(23) those transboundary flows contain treated wastewater, 
raw sewage, and urban runoff, with most of those flows 
associated with wet weather and stormwater;
(24) during the 2-year period before the date of enactment 
of this Act, unprecedented dry weather flows reached 
approximately 10,043,000,000 gallons;
(25) abnormal dry weather flows and sediment have caused 
pump failures, oppressive odors, and public health concerns;
(26) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.) has established a stormwater permit program under 
the National Pollutant Discharge Elimination System, under 
which municipalities have the responsibility to manage and 
treat stormwater;
(27) because of the international border and different 
treatment systems and standards, discharges in Mexico to the 
Tijuana River are not treated to the same standards as the 
standards to which discharges would be treated in the United 
States;
(28) the International Boundary and Water Commission 
negotiated Minute 320 to find solutions for water quality, 
trash, and sediment in the Tijuana River;
(29) the International Boundary and Water Commission 
negotiated Minute 328 to implement sanitation infrastructure 
projects in Tijuana, Baja California, and San Diego, 
California, that will be financed with a total joint investment 
of $474,000,000;
(30) the United States has invested at least $300,000,000 
for secondary wastewater treatment in the Tijuana River Valley 
by the International Boundary and Water Commission and the 
Environmental Protection Agency through the United States-
Mexico-Canada Agreement and Minute 328;
(31) the Environmental Protection Agency and the 
International Boundary and Water Commission selected 
Alternative 2, as described in the final programmatic 
environmental impact statement of the Environmental Protection 
Agency and the International Boundary and Water Commission 
entitled ``USMCA Mitigation of Contaminated Transboundary Flows 
Project'' and dated November 2, 2022, and selected in the 
record of decision of the Environmental Protection Agency and 
the International Boundary and Water Commission entitled 
``Joint Record of Decision for the Final Programmatic 
Environmental Impact Statement for United States-Mexico-Canada 
Agreement Mitigation of Contaminated Transboundary Flows 
Project'' and signed on June 9, 2023;
(32) the United States has also helped fund water and 
wastewater infrastructure along the border through the Border 
Water Infrastructure Program and the North American Development 
Bank; and
(33) however, as the Government Accountability Office found 
in the report described in paragraph (8)--
(A) the longstanding environmental and health 
problems associated with transboundary stormwater flows 
continue; and
(B) while the International Boundary and Water 
Commission has taken the first steps to conduct long-
term capital planning to resolve existing problems by 
proposing and analyzing alternatives, analyzing costs, 
identifying solutions, or establishing time frames, 
significant additional investment from the resources of 
Federal, State, Tribal, local, and Mexican entities is 
needed to improve the water quality of the Tijuana 
River watershed.
(b) Purposes.--The purposes of this title are--
(1) to establish a Geographic Program to plan and implement 
water quality restoration and protection activities;
(2) to ensure the coordination of restoration and 
protection activities among Mexican, Federal, State, local, and 
regional entities and conservation partners relating to water 
quality and stormwater management in the Mexican Tijuana River 
watershed and the American Tijuana River watershed; and
(3) to provide funding for water quality restoration and 
protection activities in the Mexican Tijuana River watershed 
and the American Tijuana River watershed.

SEC. 102. DEFINITIONS.

In this title:
(1) American tijuana river watershed.--The term ``American 
Tijuana River watershed'' means the portion of the Tijuana 
River watershed that lies in the United States.
(2) Mexican tijuana river watershed.--The term ``Mexican 
Tijuana River watershed'' means the portion of the Tijuana 
River watershed that lies in Mexico.
(3) Program.--The term ``program'' means the Tijuana River 
Public Health and Water Quality Restoration Program established 
under section 103(a)(1).
(4) Program director.--The term ``Program Director'' means 
the Program Director of the program designated under section 
103(a)(2).
(5) 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.

SEC. 103. 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, subject to the availability of 
appropriations provided specifically for this purpose, the 
Administrator shall establish a Geographic 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 action plan under 
section 104(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 action 
plan under section 104(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 action plan under section 104(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, Tribal 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 105; 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;
(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 of California 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 of California, 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 title and 
to ensure effective coordination of Federal and non-Federal 
water quality restoration and protection activities, the 
Administrator shall use amounts made available for the United 
States-Mexico border water infrastructure program under section 
301 and payments received pursuant to paragraph (4)(A) 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, Tribal 
governments, regional governmental bodies, and private 
entities; and
(B) in cooperation with the Secretary, the 
Government of Mexico.
(2) Use of agreements.--The Administrator may enter into 
the cooperative agreements and memoranda of understanding 
described in paragraph (1) 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.
(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 title.
(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.

SEC. 104. WATER QUALITY ACTION PLAN.

(a) Development.--
(1) In general.--The Administrator, in consultation with 
the entities described in section 103(c), shall develop an 
action plan in accordance with the Statement of Intent between 
the United States and Mexico relating to the implementation of 
priority sanitation projects in the San Diego, CA.-Tijuana, BC 
region, signed on July 1, 2022, for the purpose of improving 
and protecting the water quality of the Tijuana River 
watershed.
(2) Requirements.--The action 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;
(B) incorporate projects identified in Alternative 
2, as described in the final programmatic environmental 
impact statement of the Environmental Protection Agency 
and the International Boundary and Water Commission 
entitled ``USMCA Mitigation of Contaminated 
Transboundary Flows Project'' and dated November 2, 
2022, and selected in the record of decision of the 
Environmental Protection Agency and the International 
Boundary and Water Commission entitled ``Joint Record 
of Decision for the Final Programmatic Environmental 
Impact Statement for United States-Mexico-Canada 
Agreement Mitigation of Contaminated Transboundary 
Flows Project'' and signed on June 9, 2023; and
(C) 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.--In developing the action plan 
under paragraph (1), the Administrator, working with 
the entities described in section 103(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 action plan under subsection (a)(1); and
(2) every 5 years after the date on which the action plan 
is issued under paragraph (1), update the action plan.
(c) Priority List.--
(1) In general.--The action 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 entities 
described in section 103(c);
(D) assists agencies to coordinate funding; and
(E) identifies projects--
(i) in the Mexican Tijuana River watershed;
(ii) in the American Tijuana River 
watershed; and
(iii) 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, Tribal, 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 entities described in section 103(c).

SEC. 105. GRANTS, INTERAGENCY AND OTHER AGREEMENTS, AND ASSISTANCE.

(a) In General.--In order to carry out the purposes of the program 
as described in section 101(b) and implement priority projects 
identified under section 104(c), the Administrator may--
(1) provide grants and technical assistance to the 
Commissioner, State and local governments, Tribal governments, 
the North American Development Bank, entities described in 
section 103(c)(11), 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 entities 
described in section 103(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 101(b); and
(2) advance the implementation of priority projects 
identified under section 104(c).
(c) Cost Sharing.--The Administrator may establish a Federal share 
requirement for any project carried out using any assistance provided 
under this section on an individual project basis.
(d) Administration.--
(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 title.
(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.
(f) 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.
(3) Transfer.--The Administrator may transfer amounts made 
available under this subsection to the Commissioner as the 
Administrator determines necessary to carry out this section.

SEC. 106. 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 title, including administrative needs and 
expenses, 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 104(c), for each 
Federal agency described in section 103(c)(1).

SEC. 107. REPORTS.

Not later than 1 year 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 title, including--
(1) a description of--
(A) each project that has received funding pursuant 
to this title; and
(B) the status of all projects that have received 
funding pursuant to this title 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 title.

TITLE II--NEW RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

SEC. 201. FINDINGS; PURPOSE.

(a) Findings.--Congress finds that--
(1) the New River was born out of--
(A) occasional flows of the Colorado River into the 
Salton Sink; and
(B) the erosion of the New River channel, which 
formed the deep river canyon between 1905 and 1907;
(2) the New River--
(A) starts in Mexicali, Mexico;
(B) flows north into the United States through 
Calexico;
(C) passes through the Imperial Valley; and
(D) drains into the Salton Sea approximately 66 
miles north of the international boundary;
(3) the sub-watershed of the New River covers approximately 
750 square miles, of which 63 percent is in Mexico and 37 
percent is in the United States;
(4) the New River has been widely recognized for 
significant water pollution problems, primarily because of 
agricultural runoff, raw sewage, pesticides, and discharges of 
wastes from domestic, agricultural, and industrial sources in 
Mexico and the Imperial Valley;
(5) by the 1980s, the New River acquired the reputation of 
being 1 of the most polluted rivers in the United States, with 
many pollutants in the New River posing serious human health 
hazards to local populations, particularly in Calexico and 
Mexicali;
(6) in 1992, Minute 288 of the International Boundary and 
Water Commission--
(A) established a sanitation strategy for the water 
quality problems of the New River at the international 
border; and
(B) divided sanitation projects into 2 immediate 
repair projects, the Mexicali I and Mexicali II, that--
(i) totaled approximately $50,000,000; and
(ii) were funded by both the United States 
and Mexico through the North American 
Development Bank;
(7) in 1995, the Environmental Protection Agency provided 
funds to the California Regional Water Quality Control Board to 
monitor and document the water quality at the international 
boundary on a monthly basis;
(8) in the late 1990s--
(A) the United States and Mexico spent $100,000,000 
(of which 45 percent was paid by Mexico and 55 percent 
was paid by the United States) to build the Las 
Arenitas and Zaragoza wastewater treatment plants; and
(B) after the construction of those plants, 
untreated water from the New River was passed through 4 
microbial treatment cells at the Las Arenitas 
wastewater treatment plant, which was then chlorinated 
and fed into a reforestation project along the 
desiccated Rio Hardy, which stretches to the Sea of 
Cortez;
(9) a 10-year effort by community groups, lawyers, 
regulatory agencies, and politicians addressed the problem of 
water quality in the New River at the source by--
(A) federally funding a new sewage treatment plant 
in Mexicali; and
(B) developing a site plan for the portion of the 
New River in the United States;
(10) in 2009, the State of California required the 
California-Mexico Border Relations Council--
(A) to create a water quality plan to study, 
monitor, remediate, and enhance the water quality of 
the New River to protect human health; and
(B) to develop a river parkway suitable for public 
use;
(11) in 2012, the California-Mexico Border Relations 
Council approved the strategic plan for the New River 
Improvement Project that was prepared by the New River 
Improvement Project Technical Advisory Committee;
(12) in 2016, the New River Improvement Project Technical 
Advisory Committee revised the recommended infrastructure of 
the New River Improvement Project, and the State of California 
appropriated $1,400,000 to provide grants or contracts to carry 
out the necessary planning, design, environmental review, and 
permitting work;
(13) the revised New River Improvement Project includes the 
installation of a large trash screen, a conveyance system, 
aeration devices, a new pump station, and managed wetlands; and
(14) the existing and ongoing voluntary conservation 
efforts at the New River necessitate improved efficiency and 
cost effectiveness, increased private sector investments, and 
coordination of Federal and non-Federal resources.
(b) Purposes.--The purposes of this title include--
(1) coordinating water quality restoration and protection 
activities relating to the New River among Mexican, Federal, 
State, local, and regional entities and conservation partners; 
and
(2) carrying out coordinated restoration and protection 
activities relating to the New River and providing technical 
assistance for those activities--
(A) to sustain and enhance fish and wildlife 
habitat restoration and protection activities;
(B) to improve and maintain water quality to 
support fish and wildlife, as well as the habitats of 
fish and wildlife;
(C) to sustain and enhance water management for 
volume and flood damage mitigation improvements to 
benefit fish and wildlife habitat;
(D) to improve opportunities for public access to, 
and recreation in and along, the New River consistent 
with the ecological needs of fish and wildlife habitat;
(E) to maximize the resilience of natural systems 
and habitats under changing watershed conditions;
(F) to engage the public through outreach, 
education, and citizen involvement to increase capacity 
and support for coordinated water quality restoration 
and protection activities relating to the New River;
(G) to increase scientific capacity to support the 
planning, monitoring, and research activities necessary 
to carry out coordinated water quality restoration and 
protection activities relating to the New River; and
(H) to provide technical assistance to carry out 
water quality restoration and protection activities 
relating to the New River.

SEC. 202. DEFINITIONS.

In this title:
(1) Program.--The term ``program'' means the California New 
River Public Health and Water Quality Restoration Program 
established under section 203(a).
(2) Water quality restoration and protection.--The term 
``water quality restoration and protection'', with respect to 
the New 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.

SEC. 203. CALIFORNIA NEW RIVER PUBLIC HEALTH AND WATER QUALITY 
RESTORATION PROGRAM.

(a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, subject to the availability of appropriations 
provided specifically for this purpose, the Administrator shall 
establish a Geographic Program, to be known as the ``California New 
River Public Health and Water Quality Restoration Program''.
(b) Duties.--In carrying out the program, the Administrator shall--
(1) carry out projects, plans, and initiatives for the New 
River that are supported by the California-Mexico Border 
Relations Council, and work in consultation with applicable 
management entities, including representatives of the Calexico 
New River Committee, the California-Mexico Border Relations 
Council, the New River Improvement Project Technical Advisory 
Committee, the Federal Government, State and local governments, 
and regional and nonprofit organizations, to carry out water 
quality restoration and protection activities relating to the 
New River;
(2) carry out activities that--
(A) develop, using monitoring, data collection, and 
assessment, a shared set of science-based water quality 
restoration and protection activities identified in 
accordance with paragraph (1);
(B) support the implementation of a shared set of 
science-based water quality restoration and protection 
activities identified in accordance with paragraph (1), 
including water reuse projects, water recycling 
projects, and natural and green infrastructure 
projects;
(C) target cost-effective projects with measurable 
results; and
(D) maximize public health and water quality 
conservation outcomes; and
(3) provide grants, agreements, and technical assistance in 
accordance with section 205.
(c) Coordination.--In establishing the program, the Administrator 
shall consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture;
(C) the Secretary of Homeland Security;
(D) the Administrator of General Services;
(E) the Commissioner of U.S. Customs and Border 
Protection;
(F) the Commissioner;
(G) the Secretary of the Army, acting through the 
Chief of Engineers;
(H) the Administrator of the National Oceanic and 
Atmospheric Administration;
(I) the Director of the United States Fish and 
Wildlife Service; and
(J) the head of any other applicable agency, as 
determined by the Administrator;
(2) the Governor of California;
(3) the California Environmental Protection Agency;
(4) the California State Water Resources Control Board;
(5) the California Department of Water Resources;
(6) the Colorado River Basin Regional Water Quality Control 
Board;
(7) the Imperial Irrigation District;
(8) the Salton Sea Authority;
(9) other public agencies and organizations with authority 
for the planning and implementation of conservation strategies 
relating to the New River in the United States and Mexico, as 
determined by the Administrator; and
(10) representatives of the North American Development 
Bank.
(d) Cooperative Agreements and Memoranda of Understanding.--
(1) In general.--To achieve the purposes of this title, the 
Administrator may enter into cooperative agreements and 
memoranda of understanding with--
(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 may 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 New 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 New 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 title.
(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.

SEC. 204. WATER QUALITY ACTION PLAN.

(a) Development.--
(1) In general.--The Administrator, in consultation with 
the entities described in section 203(c), shall develop an 
action plan for the purpose of improving and protecting the 
water quality of the New River watershed.
(2) Requirements.--The action plan under paragraph (1) 
shall--
(A) build on and incorporate any existing efforts 
and plans to improve and protect the water quality of 
the New River, whether ongoing or completed; 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.--In developing the action plan 
under paragraph (1), the Administrator, working with 
the entities described in section 203(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 action plan under subsection (a)(1); and
(2) every 5 years after the date on which the action plan 
is issued under paragraph (1), update the action plan.
(c) Priority List.--
(1) In general.--The action plan under subsection (a)(1) 
shall include a priority list of potential or proposed water 
quality restoration and protection projects for the New 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 entities 
described in section 203(c);
(D) assists agencies to coordinate funding; and
(E) identifies projects--
(i) in the New River watershed; and
(ii) that address transboundary flows that 
affect coastal communities in and near the New 
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 New 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 
New River watershed, including through 
water reuse and water recycling; and
(ii) would identify responsible agencies 
and funding sources through coordinated efforts 
by the entities described in section 203(c).

SEC. 205. GRANTS, INTERAGENCY AND OTHER AGREEMENTS, AND ASSISTANCE.

(a) In General.--In order to carry out the purposes of the program 
as described in section 201(b) and implement priority projects 
identified under section 204(c), the Administrator may--
(1) provide grants and technical assistance to the 
Commissioner, State and local governments, Tribal governments, 
the North American Development Bank, entities described in 
section 203(c)(9), 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 entities 
described in section 203(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 201(b); and
(2) advance the implementation of priority projects 
identified under section 204(c).
(c) Cost Sharing.--The Administrator may establish a Federal share 
requirement for any project carried out using any assistance provided 
under this section on an individual project basis.
(d) Administration.--
(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 title.
(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.
(f) 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.
(3) Transfer.--The Administrator may transfer amounts made 
available under this subsection to the Commissioner as the 
Administrator determines necessary to carry out this section.

SEC. 206. 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 title, including administrative needs and 
expenses, for the current year, 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 204(c), for each 
Federal agency described in section 203(c)(1).

SEC. 207. REPORTS.

Not later than 1 year 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 title, including--
(1) a description of--
(A) each project that has received funding pursuant 
to this title; and
(B) the status of all projects that have received 
funding pursuant to this title 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 title.

TITLE III--BORDER WATER INFRASTRUCTURE IMPROVEMENT

SEC. 301. UNITED STATES-MEXICO BORDER WATER INFRASTRUCTURE PROGRAM.

(a) Definitions.--In this section:
(1) 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.
(2) 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 del 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.
(3) Program.--The term ``program'' means the program 
established under subsection (b).
(b) Establishment.--The Administrator shall carry out a program to 
provide financial assistance, technical assistance, or a combination of 
financial and technical 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.
(c) Consultation.--In carrying out the program, the Administrator 
shall consult with the North American Development Bank.
(d) 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.
(e) Project Selection.--
(1) In general.--In selecting projects for which to provide 
assistance under the program, the Administrator shall select 
projects in accordance with--
(A) paragraph (2); and
(B) any other criteria determined appropriate by 
the Administrator.
(2) Prioritization.--In carrying out paragraph (1), the 
Administrator shall prioritize projects that--
(A) are identified in an action plan under section 
104(a)(1) or 204(a)(1); or
(B)(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.
(f) Terms and Conditions.--The Administrator may establish such 
terms and conditions on assistance provided under the program as the 
Administrator determines appropriate.
(g) Cost Share.--The Administrator may establish a Federal share 
requirement for any project carried out using any assistance provided 
under this section on an individual project basis.

TITLE IV--MISCELLANEOUS

SEC. 401. ROLE OF THE COMMISSIONER AND INTERNATIONAL AGREEMENTS.

(a) 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.
(b) Tijuana and New River Projects Within the United States.--The 
Secretary, acting through the Commissioner, shall--
(1) construct, operate, and maintain projects that--
(A) are on a priority list developed under section 
104(c) or 204(c);
(B) are within the United States; and
(C) improve the water quality of the Tijuana River 
watershed or the New River watershed, as applicable; 
and
(2) use available funds, including funds received under 
this Act, to construct, operate, and maintain the projects 
described in paragraph (1).
(c) 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--
(1) the joint study and design of stormwater control and 
water quality projects; and
(2) on approval of the necessary plans and specifications 
of the projects described in paragraph (1), 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.
(d) Funding.--A project located wholly or partially within Mexico 
shall be eligible for funding under a program established under title 
I, II, or III if the project is--
(1) identified under and consistent with an action plan 
under section 104(a)(1) or 204(a)(1); and
(2) approved by the Administrator.
(e) Savings Provision.--Nothing in this section limits the 
authority of the International Boundary and Water Commission under this 
Act or any other provision of law.
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