S.Amdt. 5892
What it does: Adds SEC. 10__. MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER POLLUTION at the appropriate place in subtitle G of title XWhat it changes
1 change to S.Amdt. 5499
Adds SEC. 10__. MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER POLLUTION at the appropriate place in subtitle G of title X
Adds a sectionInserted: SEC. 10__. MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER POLLUTION.
Inserted: (a) Definitions.--In this section:
Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency.
Inserted: (2) Commission.--The term "Commission" means the United States section of the International Boundary and Water Commission.
Inserted: (3) Covered funds.--The term "covered funds" means--
Inserted: (A) amounts made available to the Administrator under the heading "State and Tribal Assistance Grants" under the heading "ENVIRONMENTAL PROTECTION AGENCY" under title IX of the United States-Mexico-Canada Agreement Implementation Act (Public Law 116-113; 134 Stat. 100); and
Inserted: (B) any other relevant funds, as determined by the Administrator.
Inserted: (4) Treatment works.--The term "treatment works" has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).
Inserted: (5) United states-mexico border region.--The term "United States-Mexico border region" means any area in the United States that is located within 100 kilometers of the United States-Mexico border.
Inserted: (b) Transfer of Funds.--
Inserted: (1) In general.--The Administrator may, with the concurrence of the Commission, transfer covered funds to the Commission to support the construction of treatment works that are owned and operated by the Commission.
Inserted: (2) Method of transfer.--The Administrator may transfer funds under paragraph (1) by--
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Inserted: (A) entering into an interagency agreement with the Commission; or
Inserted: (B) awarding a grant to the Commission.
Inserted: (c) Use of Funds.--The Commission may use funds received under this section--
Inserted: (1) to plan, study, design, and construct treatment works that--
Inserted: (A) protect residents in the United States-Mexico border region from pollution resulting from--
Inserted: (i) transboundary flows of wastewater, stormwater, or other international transboundary water flows originating in Mexico; and
Inserted: (ii) any inadequacies or breakdowns of treatment works in Mexico; and
Inserted: (B) provide treatment of the flows and pollution described in subparagraph (A) in compliance with local, State, and Federal law;
Inserted: (2) to carry out activities related to the projects and activities described in paragraph (1), including construction management; and
Inserted: (3) for the administrative costs of carrying out this section.
Inserted: (d) Operation and Maintenance.--Subject to the availability of appropriations, the Commission shall operate and maintain any new treatment works constructed using funds received under this section.
Inserted: (e) Consultation and Coordination.--The Commission shall consult and coordinate with the Administrator in carrying out any project or activity using funds received under this section.
Inserted: (f) Applicability of Other Requirements.--Sections 513 and 608 of the Federal Water Pollution Control Act (33 U.S.C. 1372, 1388) shall apply to the construction of any treatment works in the United States using funds received by the Commission under this section.
Inserted: (g) Savings Provision.--Nothing in this section modifies, amends, repeals, or otherwise limits the authority of the International Boundary and Water Commission under--
Inserted: (1) 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; or
Inserted: (2) any other applicable treaty.
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place in subtitle G of title X, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5892. Mrs. FEINSTEIN (for herself and Mr. Padilla) 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__. MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER POLLUTION.
(a) Definitions.--In this section:
(1) Administrator.--The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) Commission.--The term “Commission” means the United States section of the International Boundary and Water Commission.
(3) Covered funds.--The term “covered funds” means--
(A) amounts made available to the Administrator under the heading “State and Tribal Assistance Grants” under the heading “ENVIRONMENTAL PROTECTION AGENCY” under title IX of the United States-Mexico-Canada Agreement Implementation Act (Public Law 116-113; 134 Stat. 100); and
(B) any other relevant funds, as determined by the Administrator.
(4) Treatment works.--The term “treatment works” has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).
(5) United states-mexico border region.--The term “United States-Mexico border region” means any area in the United States that is located within 100 kilometers of the United States-Mexico border.
(b) Transfer of Funds.--
(1) In general.--The Administrator may, with the concurrence of the Commission, transfer covered funds to the Commission to support the construction of treatment works that are owned and operated by the Commission.
(2) Method of transfer.--The Administrator may transfer funds under paragraph (1) by--
(A) entering into an interagency agreement with the Commission; or
(B) awarding a grant to the Commission.
(c) Use of Funds.--The Commission may use funds received under this section--
(1) to plan, study, design, and construct treatment works that--
(A) protect residents in the United States-Mexico border region from pollution resulting from--
(i) transboundary flows of wastewater, stormwater, or other international transboundary water flows originating in Mexico; and
(ii) any inadequacies or breakdowns of treatment works in Mexico; and
(B) provide treatment of the flows and pollution described in subparagraph (A) in compliance with local, State, and Federal law;
(2) to carry out activities related to the projects and activities described in paragraph (1), including construction management; and
(3) for the administrative costs of carrying out this section.
(d) Operation and Maintenance.--Subject to the availability of appropriations, the Commission shall operate and maintain any new treatment works constructed using funds received under this section.
(e) Consultation and Coordination.--The Commission shall consult and coordinate with the Administrator in carrying out any project or activity using funds received under this section.
(f) Applicability of Other Requirements.--Sections 513 and 608 of the Federal Water Pollution Control Act (33 U.S.C. 1372, 1388) shall apply to the construction of any treatment works in the United States using funds received by the Commission under this section.
(g) Savings Provision.--Nothing in this section modifies, amends, repeals, or otherwise limits the authority of the International Boundary and Water Commission under--
(1) 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; or
(2) any other applicable treaty.
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Senate amendment submitted
September 28, 2022