What This Bill Does
This bill gives the International Boundary and Water Commission (a U.S. government agency that handles water issues between the United States and Mexico) full ownership and control of a wastewater pipeline in Nogales, Arizona. The pipeline currently belongs to the City of Nogales. The bill also requires the commission to build and operate a debris screen (a filter system) at the pipeline to catch debris and illegal drugs coming from Mexico.
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Who It Affects
- The City of Nogales, Arizona
- The International Boundary and Water Commission
- U.S. Customs and Border Protection
- Residents of Nogales, Arizona and Nogales, Sonora, Mexico (who use the wastewater treatment system)
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Key Provisions
- The International Boundary and Water Commission takes ownership and control of the International Outfall Interceptor (a pipeline that moves wastewater) after the City of Nogales donates its stake in the pipeline and Arizona governing bodies sign necessary agreements (Sec. 2(b)(2))
- The commission becomes responsible for operating and maintaining the pipeline once it takes control (Sec. 2(b)(3))
- The commission must build, operate and maintain a debris screen at a specific location on the pipeline to catch debris and drug bundles coming from Mexico (Sec. 2(b)(4))
- The commission and U.S. Customs and Border Protection must coordinate the removal of illegal drugs and other goods caught in the debris screen (Sec. 2(b)(4))
- The Federal Tort Claims Act (a law that allows people to sue the government for damages) does not apply to claims arising from the commission's activities under this bill, including claims from pipeline overflow caused by excess wastewater from Mexico (Sec. 2(b)(5))
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What Changes
If this bill becomes law, the City of Nogales will no longer own or be responsible for the International Outfall Interceptor pipeline. The International Boundary and Water Commission will take over all ownership, control, operations and maintenance of the pipeline. A new debris screen will be built and operated at Manhole One of the pipeline to intercept debris and illegal drugs. Additionally, a previous law from 1953 will be modified so that Nogales' costs for the wastewater project are limited to only treating and moving the city's own wastewater, not wastewater from Mexico.
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Important Definitions
- **International Outfall Interceptor**: The pipeline that carries wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant
- **Commission**: The United States Section of the International Boundary and Water Commission
- **Nogales International Wastewater Treatment Plant**: A wastewater treatment facility operated by the commission located in Rio Rico, Santa Cruz County, Arizona that treats sewage from both Nogales, Sonora, Mexico and Nogales, Arizona
- **Debris Screen**: A filtering device that catches debris and drug bundles coming through the pipeline from Mexico
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Effective Date
October 1, 2024
II
118TH CONGRESS
1ST SESSION
S. 128
To provide for the assumption of full ownership and control of the Inter-
national Outfall Interceptor in Nogales, Arizona, by the International
Boundary and Water Commission, and for other purposes.
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, Ari-
zona, by the International Boundary and Water Commis-
sion, 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 ‘‘Nogales Wastewater
4
Improvement Act of 2023’’.
5
SEC. 2. NOGALES WASTEWATER IMPROVEMENT.
6
(a) AMENDMENT TO THE ACT OF JULY 27, 1953.—
7
The first section of the Act of July 27, 1953 (67 Stat.
8
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•S 128 IS
195, chapter 242; 22 U.S.C. 277d–10), is amended by
1
striking the period at the end and inserting ‘‘: Provided
2
further, That the equitable portion of the Nogales sanita-
3
tion project for the city of Nogales, Arizona, shall be lim-
4
ited to the costs directly associated with the treatment and
5
conveyance of the wastewater of the city and, to the extent
6
practicable, shall not include any costs directly associated
7
with the quality or quantity of wastewater originating in
8
Mexico.’’.
9
(b) NOGALES SANITATION PROJECT.—
10
(1) DEFINITIONS.—In this subsection:
11
(A) CITY.—The term ‘‘City’’ means the
12
City of Nogales, Arizona.
13
(B) COMMISSION.—The term ‘‘Commis-
14
sion’’ means the United States Section of the
15
International Boundary and Water Commission.
16
(C)
INTERNATIONAL
OUTFALL
INTER-
17
CEPTOR.—The term ‘‘International Outfall In-
18
terceptor’’ means the pipeline that conveys
19
wastewater from the United States-Mexico bor-
20
der to the Nogales International Wastewater
21
Treatment Plant.
22
(D) NOGALES
INTERNATIONAL
WASTE-
23
WATER
TREATMENT
PLANT.—The
term
24
‘‘Nogales International Wastewater Treatment
25
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•S 128 IS
Plant’’ means the wastewater treatment plant
1
that—
2
(i) is operated by the Commission;
3
(ii) is located in Rio Rico, Santa Cruz
4
County, Arizona, after manhole 99; and
5
(iii) treats sewage and wastewater
6
originating from—
7
(I) Nogales, Sonora, Mexico; and
8
(II) Nogales, Arizona.
9
(2) OWNERSHIP AND CONTROL.—
10
(A) IN
GENERAL.—Subject to subpara-
11
graph (B) and in accordance with authority
12
under the Act of July 27, 1953 (67 Stat. 195,
13
chapter 242; 22 U.S.C. 277d–10 et seq.), on
14
transfer by donation from the City of the cur-
15
rent stake of the City in the International Out-
16
fall Interceptor to the Commission, the Com-
17
mission shall enter into such agreements as are
18
necessary to assume full ownership and control
19
over the International Outfall Interceptor.
20
(B) AGREEMENTS REQUIRED.—The Com-
21
mission shall assume full ownership and control
22
over the International Outfall Interceptor under
23
subparagraph (A) after all applicable governing
24
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•S 128 IS
bodies in the State of Arizona, including the
1
City, have—
2
(i) signed memoranda of under-
3
standing granting to the Commission ac-
4
cess to existing easements for a right of
5
entry to the International Outfall Inter-
6
ceptor for the life of the International Out-
7
fall Interceptor;
8
(ii) entered into an agreement with re-
9
spect to the flows entering the Inter-
10
national Outfall Interceptor that are con-
11
trolled by the City; and
12
(iii) agreed to work in good faith to
13
expeditiously enter into such other agree-
14
ments as are necessary for the Commission
15
to operate and maintain the International
16
Outfall Interceptor.
17
(3) OPERATIONS AND MAINTENANCE.—
18
(A) IN GENERAL.—Beginning on the date
19
on which the Commission assumes full owner-
20
ship and control of the International Outfall In-
21
terceptor under paragraph (2)(A), but subject
22
to paragraph (5), the Commission shall be re-
23
sponsible for the operations and maintenance of
24
the International Outfall Interceptor.
25
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•S 128 IS
(B)
AUTHORIZATION
OF
APPROPRIA-
1
TIONS.—There are authorized to be appro-
2
priated to the Commission to carry out this
3
paragraph, to remain available until ex-
4
pended—
5
(i) $6,500,000 for fiscal year 2025;
6
and
7
(ii) not less than $2,500,000 for fiscal
8
year 2026 and each fiscal year thereafter.
9
(4) DEBRIS SCREEN.—
10
(A) DEBRIS SCREEN REQUIRED.—
11
(i) IN
GENERAL.—The Commission
12
shall construct, operate, and maintain a
13
debris screen at Manhole One of the Inter-
14
national Outfall Interceptor for inter-
15
cepting debris and drug bundles coming to
16
the United States from Nogales, Sonora,
17
Mexico.
18
(ii) REQUIREMENT.—In constructing
19
and operating the debris screen under
20
clause (i), the Commission and the Com-
21
missioner of U.S. Customs and Border
22
Protection shall coordinate—
23
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•S 128 IS
(I) the removal of drug bundles
1
and other illicit goods caught in the
2
debris screen; and
3
(II) other operations at the Inter-
4
national Outfall Interceptor that re-
5
quire coordination.
6
(B)
AUTHORIZATION
OF
APPROPRIA-
7
TIONS.—There are authorized to be appro-
8
priated to the Commission, to remain available
9
until expended—
10
(i) for fiscal year 2025—
11
(I) $8,000,000 for construction
12
of the debris screen described in sub-
13
paragraph (A)(i); and
14
(II) not less than $1,000,000 for
15
the operations and maintenance of the
16
debris screen described in subpara-
17
graph (A)(i); and
18
(ii) not less than $1,000,000 for fiscal
19
year 2026 and each fiscal year thereafter
20
for the operations and maintenance of the
21
debris screen described in subparagraph
22
(A)(i).
23
(5) LIMITATION OF CLAIMS.—Chapter 171 and
24
section 1346(b) of title 28, United States Code
25
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•S 128 IS
(commonly known as the ‘‘Federal Tort Claims
1
Act’’), shall not apply to any claim arising from the
2
activities of the Commission in carrying out this
3
subsection, including any claim arising from dam-
4
ages that result from overflow of the International
5
Outfall Interceptor due to excess inflow to the Inter-
6
national
Outfall
Interceptor
originating
from
7
Nogales, Sonora, Mexico.
8
(c) EFFECTIVE DATE.—This section (including the
9
amendments made by this section) takes effect on October
10
1, 2024.
11
Æ
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