Sec. 5602. NOGALES WASTEWATER IMPROVEMENT
1,115 words·~5 min read·
/statute-compilations/comps-17632/sec-5602A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 5602 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 such equitable proportion shall consist only of 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 **[**[22 U.S.C. 277d-10 note](/us/usc/t22/s277d-10)**]** ####
(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 wastewater originating from— ######
(I)Nogales, Sonora, Mexico; and ######
(II)Nogales, Arizona. #####
(E)Nogales sanitation project The term “Nogales sanitation project” means— ######
(i)the International Outfall Interceptor; and ######
(ii)the Nogales International Wastewater Treatment Plant. ####
(2)Ownership and control #####
(A)In general The Commission shall assume full ownership and control of the International Outfall Interceptor on the date on which— ######
(i)the City has conveyed, without consideration, all right, title, and interest of the City in the International Outfall Interceptor to the Commission; ######
(ii)all memoranda and agreements necessary for the Commission to operate and maintain the International Outfall Interceptor, as described in subparagraph (B), have been entered into; and ######
(iii)a total of $12,500,000 has been appropriated pursuant to paragraph
(3)or otherwise secured by the Commission for use in carrying out such paragraph. #####
(B)Agreements In accordance with the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d-10 et seq.), as amended by this section, the Commission shall, with respect to each applicable governing body in the State of Arizona, including the City, seek to enter into— ######
(i)a memorandum 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)an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and ######
(iii)an agreement 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)Operation 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), the Commission shall carry out the operation 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 $12,500,000 for the period of fiscal years 2025 through 2029, to remain available until expended. ####
(4)Debris screen #####
(A)Debris screen required ######
(i)In general The Commission shall construct, operate, and maintain a debris screen, in coordination with other relevant Federal agencies, at manhole 1 of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico. ######
(ii)Requirement The Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate the construction, operation, and maintenance of the debris screen under clause (i), including for purposes of the removal of drug bundles and other illicit goods caught in the debris screen. #####
(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 operation and maintenance of the debris screen described in subparagraph (A)(i); and ######
(ii)not less than $1,000,000 for each of fiscal years 2026 through 2029 for the operation 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)International Treaty Not later than six months after the date of enactment of this section, the Commission shall seek to initiate negotiations with Mexico for a new Treaty Minute or a modification of Treaty Minute 227 to address, at a minimum, the following: ####
(1)Joint operation and maintenance responsibilities of the International Outfall Interceptor. ####
(2)Capacity usage of wastewater flows from the United States and Mexico through the International Outfall Interceptor. ####
(3)Payment for excess wastewater flows through the International Outfall Interceptor emanating from the Nogales, Sonora, Mexico area. ####
(4)Any terms and conditions considered necessary to support proportional use and maintenance of the International Outfall Interceptor. ###
(d)Report Not later than one year after the date of enactment of this section, and each year thereafter, the Commission shall submit to the Committee on Foreign Relations of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— ####
(1)an operation and maintenance plan, or a description of the status of such plan, developed by the Commission and other relevant agencies, for the debris screen required under subsection (b)(4)(A); ####
(2)a description of any operation and maintenance issues of the Nogales sanitation project, including relating to transnational criminal activity; ####
(3)an update on efforts by the Commission to renegotiate an existing Treaty Minute or develop a new Treaty Minute pursuant to subsection (c); and ####
(4)an accounting of all outstanding or overdue payments from Mexico or the City for the processing and conveyance of wastewater through the Nogales sanitation project. ###
(e)Effective Date **[**[22 U.S.C. 277d-10 note](/us/usc/t22/s277d-10)**]** Subsections
(a)and
(b)(including the amendments made by such subsections) shall take effect on October 1, 2024.
Connectionstraces to 1
Traces to 1 document
1 reference not yet in our index
- 67 Stat. 195
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources