S.Amdt. 1805

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

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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.
______