S.Amdt. 2807

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.--

[[Page S5053]]

(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.
______