[108th Congress Public Law 425]
[From the U.S. Government Printing Office]
[DOCID: f:publ425.108]
[[Page 2419]]
TIJUANA RIVER VALLEY ESTUARY AND BEACH SEWAGE CLEANUP ACT AMENDMENT
[[Page 118 STAT. 2420]]
Public Law 108-425
108th Congress
An Act
To amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act
of 2000 to extend the authorization of appropriations, and for other
purposes. <<NOTE: Nov. 30, 2004 - [H.R. 4794]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Mexico.>> Congress assembled,
SECTION 1. ACTIONS TO BE TAKEN.
(a) Secondary Treatment.--Section 804(a)(1) of the Tijuana River
Valley Estuary and Beach Sewage Cleanup Act of 2000 (22 U.S.C. 277d-
44(a)(1); 114 Stat. 1978) is amended by striking ``Subject to'' and all
that follows through ``of this Act,'' and inserting ``Pursuant to Treaty
Minute 311 to the Treaty for the Utilization of Waters of the Colorado
and Tijuana Rivers and of the Rio Grande, dated February 3, 1944,''.
(b) Contract.--Section 804(c) of such Act is amended as follows:
(1) By striking paragraph (1) and inserting the following:
``(1) In general.--Notwithstanding any provision of Federal
procurement law, the Commission may enter into a multiyear fee-
for-services contract with the owner of a Mexican facility in
order to carry out the secondary treatment requirements of
subsection (a) and make payments under such contract, subject to
the availability of appropriations and subject to the terms of
paragraph (2).''.
(2) In paragraph (2)(I) by striking ``, with such annual
payment'' and all that follows through the period at the end and
inserting ``, including costs associated with the purchase of
any insurance or other financial instrument under subparagraph
(K). Costs associated with the purchase of such insurance or
other financial instrument may be amortized over the term of the
contract.''.
(3) In paragraph (2) by redesignating subparagraphs (J)
through (P) as subparagraphs (L) through (R), respectively, and
by inserting after subparagraph (I) the following:
``(J) Neither the Commission nor the United States
Government shall be liable for payment of any
cancellation fees if the Commission cancels the
contract.
``(K) The owner of the Mexican facility may purchase
insurance or other financial instrument to cover the
risk of cancellation of the contract by the Commission.
Any such insurance or other financial instrument shall
not be provided or guaranteed by the United States
Government, and the Government may reserve the right to
validate independently the reasonableness of the premium
when negotiating the annual service fee with the
owner.''.
[[Page 118 STAT. 2421]]
(4) By striking paragraphs (2)(L) and (2)(M) (as
redesignated by paragraph (3) of this subsection) and inserting
the following:
``(L) Transfer of ownership of the Mexican facility
to an appropriate governmental entity, other than the
United States, if the Commission cancels the contract.
``(M) Transfer of ownership of the Mexican facility
to an appropriate governmental entity, other than the
United States, if the owner of the Mexican facility
fails to perform under the contract.''.
(5) In paragraph (2)(N) (as redesignated by paragraph (3) of
this subsection) by inserting after ``competitive procedures''
the following: ``under applicable law''.
SEC. 2. IMPLEMENTATION OF NEW TREATY MINUTE.
Section 805 of the Tijuana River Valley Estuary and Beach Sewage
Cleanup Act of 2000 (22 U.S.C. 277d-45; 114 Stat. 1980) is amended--
(1) in the section heading striking ``negotiation of''; and
(2) by adding at the end the following:
``(c) Implementation.--In light of the continuing threat to the
environment and to public health and safety within the United States as
a result of the river and ocean pollution in the San Diego-Tijuana
border region, the Commission is requested to give the highest priority
to the implementation of Treaty Minute 311 to the Treaty for the
Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio
Grande, dated February 3, 1944, which establishes a framework for the
siting of a treatment facility in Mexico to provide for the secondary
treatment of effluent from the IWTP at the Mexican facility, to provide
for additional capacity for advanced primary and secondary treatment of
additional sewage emanating from the Tijuana River area, Mexico, and to
meet the water quality standards of Mexico, the United States, and the
State of California consistent with the provisions of this title, in
order that the other provisions of this title to address such pollution
may be implemented as soon as possible.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 806 of the Tijuana River Valley Estuary and Beach Sewage
Cleanup Act of 2000 (22 U.S.C. 277d-46; 114 Stat. 1981)
[[Page 118 STAT. 2422]]
is amended by striking ``a total of $156,000,000 for fiscal years 2001
through 2005'' and inserting ``such sums as may be necessary''.
Approved November 30, 2004.
LEGISLATIVE HISTORY--H.R. 4794:
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HOUSE REPORTS: No. 108-688, Pt. 1 (Comm. on Transportation and
Infrastructure).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 6, considered and passed House.
Nov. 16, considered and passed Senate.
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