Sec. 7070.
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In this section: The term Administrator means the Administrator of the Environmental Protection Agency. The term Commission means the United States section of the International Boundary and Water Commission. The term covered funds means amounts made available to the Administrator under the heading Environmental Protection Agency—State and Tribal Assistance Grants under title IX of the United States-Mexico Canada Agreement Implementation Act ( Public Law 116–113 ). The term treatment works has the meaning given that term in section 212 of the Federal Water Pollution Control Act (33 2 U.S.C. 1292 ).
The Administrator is authorized to transfer covered funds, by entering into an interagency agreement or by awarding a grant, to the Commission, with concurrence of the Commissioner, to support the construction of treatment works, which will be owned and operated by the Commission. The Commission is authorized to use funds received under this section to plan, study, design, and construct treatment works and carry out any related activities, including construction management and payment for general and administrative overhead, that— protect residents within the United States-Mexico border region from pollution resulting from— transboundary flows of wastewater, stormwater or other international transboundary water flows originating in Mexico; and any inadequacies or breakdowns of treatment works in Mexico; and provide treatment of such flows in compliance with local, State, and Federal law.
The Commission shall operate and maintain new treatment works in accordance with future appropriations. The Commission shall consult and coordinate with the Administrator in carrying out any project using funds received under this section. The requirements of 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 for which the Commission receives funds under this section.
Nothing in this section shall be construed to modify, amend, repeal or otherwise limit the authority of the International Boundary and Water Commission 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. Amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
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U.S. Code
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- 2 USC 1292
- 59 Stat. 1219
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