S. 128

Nogales Wastewater Improvement Act of 2023

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II

118th CONGRESS

1st Session

S. 128

IN THE SENATE OF THE UNITED STATES

January 30, 2023

Ms. Sinema (for herself and Mr. Kelly) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

A BILL

To provide for the assumption of full ownership and control of the International Outfall Interceptor in Nogales, Arizona, by the International Boundary and Water Commission, and for other purposes.

1.

Short title

This Act may be cited as the Nogales Wastewater Improvement Act of 2023.

2.

Nogales wastewater improvement

(a)

Amendment to the Act of July 27, 1953

The first section of the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10), is amended by striking the period at the end and inserting : Provided further, That the equitable portion of the Nogales sanitation project for the city of Nogales, Arizona, shall be limited to the costs directly associated with the treatment and conveyance of the wastewater of the city and, to the extent practicable, shall not include any costs directly associated with the quality or quantity of wastewater originating in Mexico..

(b)

Nogales sanitation project

(1)

Definitions

In this subsection:

(A)

City

The term City means the City of Nogales, Arizona.

(B)

Commission

The term Commission means the United States Section of the International Boundary and Water Commission.

(C)

International Outfall Interceptor

The term International Outfall Interceptor means the pipeline that conveys wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant.

(D)

Nogales International Wastewater Treatment Plant

The term Nogales International Wastewater Treatment Plant means the wastewater treatment plant that—

(i)

is operated by the Commission;

(ii)

is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and

(iii)

treats sewage and wastewater originating from—

(I)

Nogales, Sonora, Mexico; and

(II)

Nogales, Arizona.

(2)

Ownership and control

(A)

In general

Subject to subparagraph (B) and in accordance with authority under the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 et seq.), on transfer by donation from the City of the current stake of the City in the International Outfall Interceptor to the Commission, the Commission shall enter into such agreements as are necessary to assume full ownership and control over the International Outfall Interceptor.

(B)

Agreements required

The Commission shall assume full ownership and control over the International Outfall Interceptor under subparagraph (A) after all applicable governing bodies in the State of Arizona, including the City, have—

(i)

signed memoranda of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor;

(ii)

entered into an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and

(iii)

agreed to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor.

(3)

Operations and maintenance

(A)

In general

Beginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under paragraph (2)(A), but subject to paragraph (5), the Commission shall be responsible for the operations and maintenance of the International Outfall Interceptor.

(B)

Authorization of appropriations

There are authorized to be appropriated to the Commission to carry out this paragraph, to remain available until expended—

(i)

$6,500,000 for fiscal year 2025; and

(ii)

not less than $2,500,000 for fiscal year 2026 and each fiscal year thereafter.

(4)

Debris screen

(A)

Debris screen required

(i)

In general

The Commission shall construct, operate, and maintain a debris screen at Manhole One of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico.

(ii)

Requirement

In constructing and operating the debris screen under clause (i), the Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate—

(I)

the removal of drug bundles and other illicit goods caught in the debris screen; and

(II)

other operations at the International Outfall Interceptor that require coordination.

(B)

Authorization of appropriations

There are authorized to be appropriated to the Commission, to remain available until expended—

(i)

for fiscal year 2025—

(I)

$8,000,000 for construction of the debris screen described in subparagraph (A)(i); and

(II)

not less than $1,000,000 for the operations and maintenance of the debris screen described in subparagraph (A)(i); and

(ii)

not less than $1,000,000 for fiscal year 2026 and each fiscal year thereafter for the operations and maintenance of the debris screen described in subparagraph (A)(i).

(5)

Limitation of claims

Chapter 171 and section 1346(b) of title 28, United States Code (commonly known as the Federal Tort Claims Act), shall not apply to any claim arising from the activities of the Commission in carrying out this subsection, including any claim arising from damages that result from overflow of the International Outfall Interceptor due to excess inflow to the International Outfall Interceptor originating from Nogales, Sonora, Mexico.

(c)

Effective date

This section (including the amendments made by this section) takes effect on October 1, 2024.