California New River Restoration Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 358 To direct the Administrator of the Environmental Protection Agency to estab- lish a California New River restoration program to build on, and help coordinate funding for, restoration and protection efforts relating to the New River, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2019 Mr. VARGAS introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committee on Trans- portation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Administrator of the Environmental Protection Agency to establish a California New River restoration program to build on, and help coordinate funding for, restoration and protection efforts relating to the New River, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘California New River 4 Restoration Act of 2019’’. 5 VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 358 IH SEC. 2. FINDINGS. 1 Congress finds that— 2 (1) the New River was born out of the Colorado 3 River’s occasional flows into the Salton Sink and the 4 erosion of the New River channel which formed the 5 deep river canyon between 1905 and 1907; 6 (2) the New River starts in Mexicali, Mexico, 7 flows north into the United States through Calexico, 8 passes through the Imperial Valley and drains into 9 the Salton Sea, roughly 66 miles north of the inter- 10 national boundary, and the sub-watershed covers ap- 11 proximately 750 square miles, with 63 percent of 12 that in Mexico and 37 percent in the United States; 13 (3) the New River has been widely recognized 14 for its significant water pollution problems, pri- 15 marily because of agricultural runoff, raw sewage, 16 pesticides, and discharges of wastes from domestic, 17 agricultural, and industrial sources in Mexico and 18 the Imperial Valley; 19 (4) by the 1980s, the New River acquired the 20 reputation of being one of the most polluted rivers 21 in the United States, with many of the pollutants 22 posing serious human health hazards to local popu- 23 lations, particularly those in Calexico and Mexicali; 24 (5) in 1992, the International Boundary Water 25 Commission’s Treaty Minute No. 288 established a 26 VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 358 IH sanitation strategy for the New River water quality 1 problems at the international boundary and divided 2 the sanitation projects into two immediate repairs 3 projects, the Mexicali I and the Mexicali II, which 4 totaled about $50 million dollars and were funded by 5 both countries through the North American Develop- 6 ment Bank; 7 (6) in 1995, the Environmental Protection 8 Agency provided funds to the California Regional 9 Water Quality Control Board to monitor and docu- 10 ment the water quality at the international boundary 11 on a monthly basis; 12 (7) in the late 1990s, the United States and 13 Mexico spent $100 million (45 percent paid by Mex- 14 ico and 55 percent paid by the United States) to 15 build the Las Arenitas and Zaragoza Wastewater 16 Treatment plants, and untreated New River water 17 passing through four microbial treatment cells at 18 Las Arenitas was then chlorinated and fed into a re- 19 forestation project along the desiccated Rio Hardy 20 which stretches to the Sea of Cortez; 21 (8) a 10-year effort by community groups, law- 22 yers, regulatory agencies, and politicians addressed 23 the problem at the source by federally funding a new 24 VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 358 IH sewage treatment plant in Mexicali and developing a 1 site plan for the river on the United States side; 2 (9) in 2009, the State of California required the 3 California-Mexico Border Relations Council to create 4 a strategic plan to study, monitor, remediate, and 5 enhance the New River’s water quality to protect 6 human health and develop a river parkway suitable 7 for public use; 8 (10) in 2012, the California-Mexico Border Re- 9 lations Council approved the strategic plan for the 10 New River Improvement Project prepared by the 11 New River Improvement Project Technical Advisory 12 Committee; 13 (11) in 2016, the New River Improvement 14 Project Technical Advisory Committee revised the 15 recommended infrastructure of the New River Im- 16 provement Project, and the State of California ap- 17 propriated $1.4 million to provide grants or con- 18 tracts to implement the necessary planning, design, 19 environmental review, and permitting work; 20 (12) the revised New River Improvement 21 Project includes the installation of a large trash 22 screen, a conveyance system, aeration devices, a new 23 pump station and managed wetlands; and 24 VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 358 IH (13) the existing and ongoing voluntary con- 1 servation efforts at the New River necessitate im- 2 proved efficiency and cost effectiveness, as well as 3 increased private-sector investments and coordina- 4 tion of Federal and non-Federal resources. 5 SEC. 3. DEFINITIONS. 6 In this Act: 7 (1) ADMINISTRATOR.—The term ‘‘Adminis- 8 trator’’ means the Administrator of the Environ- 9 mental Protection Agency. 10 (2) MEXICAN.—The term ‘‘Mexican’’ refers to 11 the Federal, State, and local governments of the 12 United Mexican States. 13 (3) NEW RIVER.—The term ‘‘New River’’ 14 means the river that starts in Mexicali, Mexico, 15 flows north into the United States through Calexico, 16 passes through the Imperial Valley, and drains into 17 the Salton Sea. 18 (4) PROGRAM.—The term ‘‘program’’ means 19 the California New River restoration program estab- 20 lished under section 4. 21 (5) RESTORATION AND PROTECTION.—The 22 term ‘‘restoration and protection’’ means the con- 23 servation, stewardship, and enhancement of habitat 24 for fish and wildlife to preserve and improve eco- 25 VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 358 IH systems and ecological processes on which they de- 1 pend. 2 SEC. 4. CALIFORNIA NEW RIVER RESTORATION PROGRAM 3 ESTABLISHMENT. 4 (a) ESTABLISHMENT.—Not later than 180 days after 5 the date of enactment of this Act, the Administrator shall 6 establish a program to be known as the ‘‘California New 7 River restoration program’’. 8 (b) DUTIES.—In carrying out the program, the Ad- 9 ministrator shall— 10 (1) implement projects, plans, and initiatives 11 for the New River supported by the California-Mex- 12 ico Border Relations Council, and work in consulta- 13 tion with applicable management entities, including 14 representatives of the Calexico New River Com- 15 mittee, the California-Mexico Border Relations 16 Council, the New River Improvement Project Tech- 17 nical Advisory Committee, the Federal Government, 18 State and local governments, and regional and non- 19 profit organizations, to implement restoration and 20 protection activities relating to the New River; 21 (2) undertake activities that— 22 (A) support the implementation of a 23 shared set of science-based restoration and pro- 24 VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 358 IH tection activities identified in accordance with 1 paragraph (1); 2 (B) target cost-effective projects with 3 measurable results; and 4 (C) maximize conservation outcomes with 5 no net gain of Federal full-time equivalent em- 6 ployees; and 7 (3) provide grants and technical assistance in 8 accordance with section 5. 9 (c) COORDINATION.—In establishing the program, 10 the Administrator shall consult, as appropriate, with— 11 (1) the heads of Federal agencies, including— 12 (A) the Secretary of the Interior; 13 (B) the Secretary of Agriculture; 14 (C) the Secretary of Homeland Security; 15 (D) the Administrator of General Services; 16 (E) the Commissioner of U.S. Customs 17 and Border Protection; 18 (F) the Commissioner of the International 19 Boundary Water Commission; and 20 (G) the head of any other applicable agen- 21 cy; 22 (2) the Governor of California; 23 (3) the California Environmental Protection 24 Agency; 25 VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 358 IH (4) the California State Water Resources Con- 1 trol Board; 2 (5) the California Department of Water Re- 3 sources; 4 (6) the Colorado River Basin Regional Water 5 Quality Control Board; 6 (7) the Imperial Irrigation District; and 7 (8) other public agencies and organizations with 8 authority for the planning and implementation of 9 conservation strategies relating to the New River in 10 both the United States and Mexico. 11 (d) PURPOSES.—The purposes of the program in- 12 clude— 13 (1) coordinating restoration and protection ac- 14 tivities, among Mexican, Federal, State, local, and 15 regional entities and conservation partners, relating 16 to the New River; and 17 (2) carrying out coordinated restoration and 18 protection activities, and providing for technical as- 19 sistance relating to the New River— 20 (A) to sustain and enhance fish and wild- 21 life habitat restoration and protection activities; 22 (B) to improve and maintain water quality 23 to support fish and wildlife, as well as the habi- 24 tats of fish and wildlife; 25 VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 358 IH (C) to sustain and enhance water manage- 1 ment for volume and flood damage mitigation 2 improvements to benefit fish and wildlife habi- 3 tat; 4 (D) to improve opportunities for public ac- 5 cess to, and recreation in and along, the New 6 River consistent with the ecological needs of 7 fish and wildlife habitat; 8 (E) to maximize the resilience of natural 9 systems and habitats under changing watershed 10 conditions; 11 (F) to engage the public through outreach, 12 education, and citizen involvement, to increase 13 capacity and support for coordinated restora- 14 tion and protection activities relating to the 15 New River; 16 (G) to increase scientific capacity to sup- 17 port the planning, monitoring, and research ac- 18 tivities necessary to carry out coordinated res- 19 toration and protection activities; and 20 (H) to provide technical assistance to carry 21 out restoration and protection activities relating 22 to the New River. 23 VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 358 IH SEC. 5. GRANTS AND ASSISTANCE. 1 (a) IN GENERAL.—In carrying out the program, the 2 Administrator shall provide grants and technical assist- 3 ance to State and local governments, nonprofit organiza- 4 tions, and institutions of higher education, in both the 5 United States and Mexico, to carry out the purposes of 6 the program. 7 (b) CRITERIA.—The Administrator, in consultation 8 with the organizations described in section 4(c), shall de- 9 velop criteria for providing grants and technical assistance 10 under this section to ensure that such activities accomplish 11 one or more of the purposes identified in section 4(d)(2) 12 and advance the implementation of priority actions or 13 needs identified in the New River-wide strategy adopted 14 under section 4(b)(2). 15 (c) COST SHARING.— 16 (1) FEDERAL SHARE.—The Federal share of 17 the cost of a project for which a grant is provided 18 under this section shall not exceed 55 percent of the 19 total cost of the activity, as determined by the Ad- 20 ministrator. 21 (2) NON-FEDERAL SHARE.—The non-Federal 22 share of the cost of a project for which a grant is 23 provided under this section may be provided in the 24 form of an in-kind contribution of services or mate- 25 rials. 26 VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 358 IH (d) ADMINISTRATION.— 1 (1) IN GENERAL.—The Administrator may 2 enter into an agreement to manage the implementa- 3 tion of this section with the North American Devel- 4 opment Bank or a similar organization that offers 5 grant management services. 6 (2) FUNDING.—If the Administrator enters into 7 an agreement under paragraph (1), the organization 8 selected shall— 9 (A) for each fiscal year, receive amounts to 10 carry out this section in an advance payment of 11 the entire amount on October 1, or as soon as 12 practicable thereafter, of that fiscal year; 13 (B) invest and reinvest those amounts for 14 the benefit of the program; and 15 (C) otherwise administer the implementa- 16 tion of this section to support partnerships be- 17 tween the public and private sectors in accord- 18 ance with this Act. 19 SEC. 6. ANNUAL REPORTS. 20 Not later than 180 days after the date of enactment 21 of this Act, and annually thereafter, the Administrator 22 shall submit to Congress a report on the implementation 23 of this Act, including a description of each project that 24 has received funding under this Act and the status of all 25 VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 358 IH such projects that are in progress on the date of submis- 1 sion of the report. 2 Æ VerDate Sep 11 2014 00:40 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H358.IH H358 pamtmann on DSKBFK8HB2PROD with BILLS