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Title II — New River Public Health and Water Quality Restoration

H.R. 1663 · 117th Congress · Mar 8, 2021 · Lineage

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, the Administrator shall establish a 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 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 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, 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 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 plan

(a)
Development—
(1)
In general— The Administrator, in consultation with the entities described in section 203(c), shall develop a plan for the purpose of improving and protecting the water quality of the New River watershed.
(2)
Requirements— The 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— 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 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 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, agreements, and assistance

(a)
In general— In order to carry out the purposes of the program as described in section 201(b), 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 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 proved 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.

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 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 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 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.