119-hr4357

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4357 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4357

 To provide for the water quality restoration of the Tijuana River and 
 the New River, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 10, 2025

 Mr. Vargas (for himself, Mr. Peters, Ms. Jacobs, Mr. Levin, and Mr. 
 Ruiz) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committees on Energy and Commerce, Natural Resources, Foreign Affairs, 
 and the Budget, 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 provide for the water quality restoration of the Tijuana River and 
 the New River, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Water 
Quality Restoration and Protection Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.
 TITLE I--TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

Sec. 101. Findings; purposes.

Sec. 102. Definitions.

Sec. 103. Tijuana River Public Health and Water Quality Restoration 
 Program.

Sec. 104. Water quality action plan.

Sec. 105. Grants, interagency and other agreements, and assistance.

Sec. 106. Annual budget plan.

Sec. 107. Reports.
 TITLE II--NEW RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

Sec. 201. Findings; purposes.

Sec. 202. Definitions.

Sec. 203. California New River Public Health and Water Quality 
 Restoration Program.

Sec. 204. Water quality action plan.

Sec. 205. Grants, interagency and other agreements, and assistance.

Sec. 206. Annual budget plan.

Sec. 207. Reports.
 TITLE III--BORDER WATER INFRASTRUCTURE IMPROVEMENT

Sec. 301. United States-Mexico border water infrastructure program.
 TITLE IV--MISCELLANEOUS

Sec. 401. Role of the Commissioner and international agreements.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Administrator.--The term ``Administrator'' means the 
 Administrator of the Environmental Protection Agency.

    (2) Commissioner.--The term ``Commissioner'' means the 
 Commissioner of the United States Section of the International 
 Boundary and Water Commission.

    (3) Indian tribe.--The term ``Indian Tribe'' has the 
 meaning given the term ``Indian tribe'' in 

section 102 of the 
 Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
 5130).

    (4) Mexican.--The term ``Mexican'', with respect to 
 entities from Mexico, means, as applicable, the Federal, State, 
 and local governments of Mexico.

    (5) New river.--The term ``New River'' means the river that 
 starts in Mexicali, Mexico, flows north into the United States 
 through Calexico, passes through the Imperial Valley, and 
 drains into the Salton Sea.

    (6) Secretary.--The term ``Secretary'' means the Secretary 
 of State.

    (7) Tijuana river.--The term ``Tijuana River'' means the 
 river that rises in the Sierra de Juarez in Mexico, flows 
 through the City of Tijuana and then north into the United 
 States, passes through the Tijuana River estuary, and drains 
 into the Pacific Ocean.

    (8) Water reuse.--The term ``water reuse'' has the meaning 
 given the term in the document of the Environmental Protection 
 Agency entitled ``National Water Reuse Action Plan 
 Collaborative Implementation (Version 1)'' and dated February 
 2020.

 TITLE I--TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

SEC. 101. FINDINGS; PURPOSES.

    (a) 

=== Findings ===
-Congress finds that--

    (1) the Tijuana River flows across the United States-Mexico 
 border, through the southern United States, and into the 
 Pacific Ocean;

    (2) \3/4\ of the 1,750 square mile watershed of the Tijuana 
 River lies in Mexico, and the remaining \1/4\ includes the 
 Tijuana River National Estuarine Research Reserve in the United 
 States;

    (3) the Tijuana River National Estuarine Research Reserve 
 is a partnership of Federal and State agencies, including the 
 National Oceanic and Atmospheric Administration, California 
 State Parks, and the United States Fish and Wildlife Service;

    (4) the Tijuana River is a significant estuary and 
 watershed, providing--
        (A) economic and health benefits to the citizens of 
 the United States and Mexico; and
        (B) environmental benefits as critical habitat to 
 shore birds;

    (5) the economy of communities in southern California, 
 including smaller communities, such as the City of Imperial 
 Beach, and larger municipalities, such as the City of San 
 Diego, may be significantly affected--
        (A) if the natural beauty and recreational 
 opportunities of the Tijuana River are degraded; and
        (B) due to public health and environmental impacts;

    (6) the Tijuana River watershed is in the midst of an 
 environmental crisis, as stormwater flows from the upper 
 watershed, originating in Tijuana, Mexico, carrying pollutants 
 such as bacteria, trash, and sediment that severely affect 
 water quality;

    (7) coastal communities in and near the Tijuana River 
 watershed are also affected, during certain tidal events, by a 
 combination of treated wastewater and chlorinated-only 
 wastewater discharged from the San Antonio de los Buenos 
 wastewater treatment plant located 5 miles south of the United 
 States-Mexico border in Tijuana;

    (8) as reported by the Government Accountability Office in 
 February 2020, transboundary flows of untreated sewage, 
 combined with unmanaged stormwater, bring bacteria and other 
 contaminants into the Tijuana River Valley watershed and 
 beaches in the United States;

    (9) sediment flows into the Tijuana River National Wildlife 
 Refuge and blocks the flow of ocean water and creates an 
 imbalance in water salinity, necessary for marsh plants, fish, 
 and birds;

    (10) before the date of enactment of this Act, the City of 
 Imperial Beach has experienced more than 1,000 consecutive days 
 of beach closures due to the ongoing influx of sewage, 
 industrial discharges, and trash from the Tijuana River due to 
 risk to human health;

    (11) flows of untreated sewage, chemicals, and pollution 
 from Mexico jeopardize the health of Border Patrol agents and 
 limit the ability of those agents to operate in areas affected 
 by these flows;

    (12) a March 2020 report of the Environmental Financial 
 Advisory Board of the Environmental Protection Agency--
        (A) found that--
            (i) ``stormwater knows no jurisdictional 
 boundaries . . . and is a principal cause of 
 water quality issues nationwide''; and
            (ii) adequate funding to manage stormwater 
 pollution lags behind the investments made in 
 wastewater management and the delivery of safe 
 drinking water by decades; and
        (B) concluded that Federal investment will be 
 required to address--
            (i) the lack of State and local funding; 
 and
            (ii) multi-jurisdictional stormwater 
 management needs;

    (13) during the 10-year period before the date of enactment 
 of this Act, Federal, State, and local governments and others 
 have identified the benefits of using natural and green 
 infrastructure to control and manage stormwater runoff, 
 including wetlands, coastal dunes, and retention structures;

    (14) during the 20-year period before the date of enactment 
 of this Act, the United States and Mexico, through the 
 International Boundary and Water Commission, have agreed to 
 resolve the pollution problems in the Tijuana River;

    (15) the International Boundary and Water Commission has 
 negotiated 9 Minutes to resolve water quality problems in the 
 Tijuana River, among other subjects;

    (16) 1 of the most recent Minutes authorized the 
 construction of the South Bay International Wastewater 
 Treatment Plant in San Ysidro to treat, on average, 25,000,000 
 gallons of sewage from Tijuana per day, which has reduced the 
 sewage coming into the United States;

    (17) the sewer system of Tijuana is--
        (A) aging and deteriorating; and
        (B) insufficient to meet the needs of a quickly 
 growing population;

    (18) in August 2023, Tropical Storm Hilary--
        (A) caused more than 2,000,000,000 gallons of 
 contaminated water to flow across the border; and
        (B) exacerbated vulnerabilities at the South Bay 
 International Wastewater Treatment Plant;

    (19) on January 22, 2024, a record-breaking storm caused 
 the Tijuana River to reach the highest flow ever recorded for 
 that river at 14,500,000 gallons per day;

    (20) from January to December of 2024, an estimated 
 36,154,000,000 gallons of wastewater, treated water, and 
 stormwater flowed from Mexico to the United States;

    (21) on June 17, 2024, a pump station failure resulted in 
 approximately 302,000 gallons of untreated wastewater spilling 
 onto the public right-of-way;

    (22) during the 2-year period before the date of enactment 
 of this Act, transboundary flows occurred on 317 days, on 
 average, each year;

    (23) those transboundary flows contain treated wastewater, 
 raw sewage, and urban runoff, with most of those flows 
 associated with wet weather and stormwater;

    (24) during the 2-year period before the date of enactment 
 of this Act, unprecedented dry weather flows reached 
 approximately 13,795,000,000 gallons;

    (25) abnormal dry weather flows and sediment have caused 
 pump failures, oppressive odors, and public health concerns;

    (26) the Federal Water Pollution Control Act (33 U.S.C. 
 1251 et seq.) has established a stormwater permit program under 
 the National Pollutant Discharge Elimination System, under 
 which municipalities have the responsibility to manage and 
 treat stormwater;

    (27) because of the international border and different 
 treatment systems and standards, discharges in Mexico to the 
 Tijuana River are not treated to the same standards as the 
 standards to which discharges would be treated in the United 
 States;

    (28) the International Boundary and Water Commission 
 negotiated Minute 320 to find solutions for water quality, 
 trash, and sediment in the Tijuana River;

    (29) the International Boundary and Water Commission 
 negotiated Minute 328 to implement sanitation infrastructure 
 projects in Tijuana, Baja California, and San Diego, 
 California, that will be financed with a total joint investment 
 of $474,000,000;

    (30) the United States has invested at least $300,000,000 
 for secondary wastewater treatment in the Tijuana River Valley 
 by the International Boundary and Water Commission and the 
 Environmental Protection Agency through the United States-
 Mexico-Canada Agreement and Minute 328;

    (31) the Environmental Protection Agency and the 
 International Boundary and Water Commission selected 
 Alternative 2, as described in the final programmatic 
 environmental impact statement of the Environmental Protection 
 Agency and the International Boundary and Water Commission 
 entitled ``USMCA Mitigation of Contaminated Transboundary Flows 
 Project'' and dated November 2, 2022, and selected in the 
 record of decision of the Environmental Protection Agency and 
 the International Boundary and Water Commission entitled 
 ``Joint Record of Decision for the Final Programmatic 
 Environmental Impact Statement for United States-Mexico-Canada 
 Agreement Mitigation of Contaminated Transboundary Flows 
 Project'' and signed on June 9, 2023;

    (32) the United States has also helped fund water and 
 wastewater infrastructure along the border through the Border 
 Water Infrastructure Program and the North American Development 
 Bank; and

    (33) however, as the Government Accountability Office found 
 in the report described in paragraph

    (8) --
        (A) the longstanding environmental and health 
 problems associated with transboundary stormwater flows 
 continue; and
        (B) while the International Boundary and Water 
 Commission has taken the first steps to conduct long-
 term capital planning to resolve existing problems by 
 proposing and analyzing alternatives, analyzing costs, 
 identifying solutions, or establishing time frames, 
 significant additional investment from the resources of 
 Federal, State, Tribal, local, and Mexican entities is 
 needed to improve the water quality of the Tijuana 
 River watershed.

    (b) 

=== Purposes ===
-The purposes of this title are--

    (1) to establish a Geographic Program to plan and implement 
 water quality restoration and protection activities;

    (2) to ensure the coordination of restoration and 
 protection activities among Mexican, Federal, State, local, and 
 regional entities and conservation partners relating to water 
 quality and stormwater management in the Mexican Tijuana River 
 watershed and the American Tijuana River watershed; and

    (3) to provide funding for water quality restoration and 
 protection activities in the Mexican Tijuana River watershed 
 and the American Tijuana River watershed.

SEC. 102. DEFINITIONS.

 In this title:

    (1) American tijuana river watershed.--The term ``American 
 Tijuana River watershed'' means the portion of the Tijuana 
 River watershed that lies in the United States.

    (2) Mexican tijuana river watershed.--The term ``Mexican 
 Tijuana River watershed'' means the portion of the Tijuana 
 River watershed that lies in Mexico.

    (3) Program.--The term ``program'' means the Tijuana River 
 Public Health and Water Quality Restoration Program established 
 under 

section 103

    (a)

    (1) .

    (4) Program director.--The term ``Program Director'' means 
 the Program Director of the program designated under 

section 103

    (a)

    (2) .

    (5) Water quality restoration and protection.--The term 
 ``water quality restoration and protection'', with respect to 
 the Tijuana River watershed, means--
        (A) the enhancement of water quality and stormwater 
 management; and
        (B) the use of natural and green infrastructure to 
 enhance the ability of the watershed to capture 
 pollutants and reduce runoff to prevent flooding.

SEC. 103. TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION 
 PROGRAM.

    (a) Establishment.--

    (1) Program.--Not later than 180 days after the date of 
 enactment of this Act, subject to the availability of 
 appropriations provided specifically for this purpose, the 
 Administrator shall establish a Geographic Program, to be known 
 as the ``Tijuana River Public Health and Water Quality 
 Restoration Program''.

    (2) Program director.--Not later than 180 days after the 
 date of enactment of this Act, the Administrator shall 
 designate a Program Director of the program, who shall--
        (A) have leadership and project management 
 experience; and
        (B) be qualified--
            (i) to direct the integration of multiple 
 project planning efforts and programs from 
 different agencies and jurisdictions;
            (ii) to align numerous, and possibly 
 competing, priorities to accomplish visible and 
 measurable outcomes under the action plan under 
 

section 104

    (a)

    (1) ;
            (iii) to manage efforts and associated 
 functions needed to run the management 
 conference described in subsection

    (b)

    (2) ;
            (iv) to facilitate engagement with the 
 International Boundary and Water Commission and 
 related Federal agencies;
            (v) to solicit feedback from relevant 
 Federal, State, Tribal, local, public, 
 nonprofit, and other relevant stakeholders on 
 the creation and implementation of the action 
 plan under 

section 104

    (a)

    (1) ; and
            (vi) to consult with Indian Tribes within 
 the American Tijuana River watershed region.

    (b) Duties.--In carrying out the program--

    (1) the Administrator shall--
        (A) develop the action plan under 

section 104

    (a)

    (1) to address pollution prevention, environmental and 
 ecological restoration, climate change, resilience, and 
 mitigation, and related efforts, in the American 
 Tijuana River watershed region;
        (B) carry out projects, plans, and initiatives for 
 the Tijuana River and work in consultation with 
 applicable management entities, including 
 representatives of the Federal Government, State and 
 local governments, Tribal governments, and regional and 
 nonprofit organizations, to carry out public health and 
 water quality restoration and protection activities 
 relating to the Tijuana River;
            (C) carry out activities that--
            (i) develop, using monitoring, data 
 collection, and assessment, a shared set of 
 science-based water quality restoration and 
 protection activities identified in accordance 
 with subparagraph
        (B) ;
            (ii) support the implementation of a shared 
 set of science-based water quality restoration 
 and protection activities identified in 
 accordance with subparagraph
        (B) , including 
 water reuse projects, water recycling projects, 
 and natural and green infrastructure projects;
            (iii) target cost-effective projects with 
 measurable results; and
            (iv) maximize public health and water 
 quality conservation outcomes;
            (D) coordinate the development of consistent 
 Federal policies, strategies, projects, and priorities 
 for addressing the public health and water quality 
 restoration and protection of the Tijuana River;
        (E) coordinate a funding strategy among available 
 funding sources in the region; and
        (F) provide grants, agreements, and technical 
 assistance in accordance with 

section 105; and

    (2) not later than 120 days after the date on which the 
 Program Director is designated under subsection

    (a)

    (2) , the 
 Program Director shall convene a management conference for the 
 Tijuana River pursuant to 

section 320 of the Federal Water 
 Pollution Control Act (33 U.S.C. 1330).
            (c) Coordination.--In establishing the program, the Administrator 
shall consult, as appropriate, with--

    (1) the heads of Federal agencies, including--
        (A) the Secretary;
        (B) the Commissioner;
            (C) the Secretary of Agriculture;
            (D) the Secretary of Homeland Security;
        (E) the Administrator of General Services;
        (F) the Commissioner of U.S. Customs and Border 
 Protection;
        (G) the Secretary of the Interior;
        (H) the Secretary of the Army, acting through the 
 Chief of Engineers;
            (I) the Administrator of the National Oceanic and 
 Atmospheric Administration;
        (J) the Director of the United States Fish and 
 Wildlife Service; and
        (K) the head of any other applicable agency, as 
 determined by the Administrator;

    (2) a representative of Naval Base Coronado;

    (3) a representative of the Commander, Navy Region 
 Southwest;

    (4) a representative of the Coast Guard;

    (5) a representative of the United States Geological 
 Survey;

    (6) a representative of the Bureau of Indian Affairs;

    (7) a representative from each Indian Tribe located within 
 the American Tijuana River watershed;

    (8) the heads of State of California agencies and local 
 agencies, including--
        (A) the Governor of California;
        (B) the California Environmental Protection Agency;
            (C) the California State Water Resources Control 
 Board;
            (D) the California Department of Water Resources;
        (E) the San Diego Regional Water Quality Control 
 Board; and
        (F) the County of San Diego;

    (9) 2 representatives of affected units of local government 
 in the State of California, chosen on a rotating 3-year cycle 
 by the Governor of California, including representatives from 
 the City of Imperial Beach, the City of San Diego, the City of 
 Chula Vista, the City of Coronado, and the Port of San Diego;

    (10) 2 representatives of relevant nonprofit groups, chosen 
 on a rotating 3-year cycle by the Governor of California;

    (11) other public agencies and organizations with authority 
 for the planning and implementation of conservation strategies 
 relating to the Tijuana River in the United States and Mexico, 
 as determined by the Administrator; and

    (12) representatives of the North American Development 
 Bank.
            (d) Cooperative Agreements and Memoranda of Understanding.--

    (1) In general.--To achieve the purposes of this title and 
 to ensure effective coordination of Federal and non-Federal 
 water quality restoration and protection activities, the 
 Administrator shall use amounts made available for the United 
 States-Mexico border water infrastructure program under 

section 301 and payments received pursuant to paragraph

    (4)
        (A) to enter 
 into cooperative agreements and memoranda of understanding 
 with, and provide technical assistance to--
        (A) the heads of other Federal agencies, States, 
 State agencies, units of local government, Tribal 
 governments, regional governmental bodies, and private 
 entities; and
        (B) in cooperation with the Secretary, the 
 Government of Mexico.

    (2) Use of agreements.--The Administrator may enter into 
 the cooperative agreements and memoranda of understanding 
 described in paragraph

    (1) to carry out the activities 
 described in this section, including studies, plans, 
 construction, and completion of projects to improve the water 
 quality of, environment of, and public health around the 
 Tijuana River.

    (3) Term.--The cooperative agreements and memoranda of 
 understanding described in paragraph

    (1) shall be limited to a 
 specified period of time, as determined by the Administrator.

    (4) Financial arrangements.--
        (A) In general.--If the Administrator enters into a 
 cooperative agreement or memorandum of understanding 
 described in paragraph

    (1) , the Administrator may 
 require the other party to the agreement or memorandum 
 to provide payment to the Administrator.
        (B) Deposit.--Any amounts received as a payment 
 under subparagraph
        (A) shall be deposited into the 
 State and Tribal Assistance Grants account of the 
 Environmental Protection Agency and shall remain 
 available, without further appropriation, to carry out 
 the purposes of this title.

    (5) Personnel; services; technical assistance.--The 
 Administrator may provide or accept personnel, services, and 
 technical assistance pursuant to a cooperative agreement or 
 memorandum of understanding described in paragraph

    (1) , with or 
 without reimbursement, for the purposes of carrying out the 
 agreement or memorandum.

SEC. 104. WATER QUALITY ACTION PLAN.

    (a) Development.--

    (1) In general.--The Administrator, in consultation with 
 the entities described in 

section 103
            (c) , shall develop an 
 action plan in accordance with the Statement of Intent between 
 the United States and Mexico relating to the implementation of 
 priority sanitation projects in the San Diego, CA.-Tijuana, BC 
 region, signed on July 1, 2022, for the purpose of improving 
 and protecting the water quality of the Tijuana River 
 watershed.

    (2) Requirements.--The action plan under paragraph

    (1) shall--
        (A) build on and incorporate any existing efforts 
 and plans to improve and protect the water quality of 
 the Tijuana River watershed, including ongoing and 
 completed efforts and plans;
        (B) incorporate projects identified in Alternative 
 2, as described in the final programmatic environmental 
 impact statement of the Environmental Protection Agency 
 and the International Boundary and Water Commission 
 entitled ``USMCA Mitigation of Contaminated 
 Transboundary Flows Project'' and dated November 2, 
 2022, and selected in the record of decision of the 
 Environmental Protection Agency and the International 
 Boundary and Water Commission entitled ``Joint Record 
 of Decision for the Final Programmatic Environmental 
 Impact Statement for United States-Mexico-Canada 
 Agreement Mitigation of Contaminated Transboundary 
 Flows Project'' and signed on June 9, 2023; and
            (C) include--
            (i) such features as are needed to improve 
 and protect the quality of wastewater, 
 stormwater runoff, and other untreated flows;
            (ii) criteria for selecting--
            (I) water quality restoration and 
 protection projects; and
            (II) projects on the priority list 
 under subsection
            (c) (1) ;
            (iii) the amounts necessary for the 
 operations and maintenance of infrastructure 
 existing on and constructed after the date of 
 enactment of this Act; and
            (iv) potential sources of funding to help 
 pay the costs described in clause
            (iii) .

    (3) Operations and maintenance funding.--
        (A) In general.--In developing the action plan 
 under paragraph

    (1) , the Administrator, working with 
 the entities described in 

section 103
            (c) , shall assess 
 and identify potential alternative sources and 
 approaches for financing infrastructure projects, 
 including financing the operations and maintenance of 
 those infrastructure projects.
        (B) Requirement.--In carrying out subparagraph
        (A) , 
 the Administrator shall assess the approaches 
 identified in the report of the Environmental Financial 
 Advisory Board entitled ``Evaluating Stormwater 
 Infrastructure Funding and Financing'' and dated March 
 2020.

    (b) Issuance; Updates.--The Administrator shall--

    (1) not later than 1 year after the date of enactment of 
 this Act, issue the action plan under subsection

    (a)

    (1) ; and

    (2) every 5 years after the date on which the action plan 
 is issued under paragraph

    (1) , update the action plan.
            (c) Priority List.--

    (1) In general.--The action plan under subsection

    (a)

    (1) shall include a priority list of potential or proposed water 
 quality restoration and protection projects for the Tijuana 
 River watershed that--
        (A) provides for the management of wastewater or 
 stormwater or the removal of debris, sediment, 
 chemicals, bacteria, and other contaminants from the 
 water flowing north into the United States;
        (B) estimates the costs and identifies the entities 
 that will fund the construction, operation, and 
 maintenance of each project on the priority list;
            (C) is developed in coordination with the entities 
 described in 

section 103
            (c) ;
            (D) assists agencies to coordinate funding; and
        (E) identifies projects--
            (i) in the Mexican Tijuana River watershed;
            (ii) in the American Tijuana River 
 watershed; and
            (iii) that address transboundary flows that 
 affect coastal communities in and near the 
 Tijuana River watershed.

    (2) Development.--In developing the priority list under 
 paragraph

    (1) , the Administrator shall--
        (A) use the best available science, including any 
 relevant findings and recommendations of a watershed 
 assessment conducted by Federal, State, Tribal, and 
 local agencies;
        (B) carry out and fund science development, 
 monitoring, or modeling as needed to inform project 
 development and assessment;
            (C) include--
            (i) the projects described in subsection

    (a)

    (2)
        (B) ; and
            (ii) such other projects that the 
 Administrator determines appropriate based on 
 the availability of peer-reviewed or otherwise 
 published scientific research; and
            (D) include, in order of priority, potential or 
 proposed water quality or stormwater projects for the 
 restoration and protection of the Tijuana River that--
            (i) would help--
            (I) to achieve and maintain the 
 water quality standards for--

    (aa) public health;

    (bb) recreational 
 opportunities;
            (cc) scenic resources; and
            (dd) wildlife and habitat; 
 and
            (II) to address water needs in the 
 Tijuana River watershed, including 
 through water reuse and water 
 recycling; and
            (ii) would identify responsible agencies 
 and funding sources through coordinated efforts 
 by the entities described in 

section 103
            (c) .

SEC. 105. GRANTS, INTERAGENCY AND OTHER AGREEMENTS, AND ASSISTANCE.

    (a) In General.--In order to carry out the purposes of the program 
as described in 

section 101

    (b) and implement priority projects 
identified under 

section 104
            (c) , the Administrator may--

    (1) provide grants and technical assistance to the 
 Commissioner, State and local governments, Tribal governments, 
 the North American Development Bank, entities described in 
 

section 103
            (c) (11) , nonprofit organizations, and institutions 
 of higher education, in both the United States and Mexico; and

    (2) enter into interagency agreements with other Federal 
 agencies.

    (b) Criteria.--The Administrator, in consultation with the entities 
described in 

section 103
            (c) , shall develop criteria for providing 
grants and technical assistance and entering into interagency 
agreements under subsection

    (a) to ensure that activities carried out 
under an interagency agreement or using those grants or technical 
assistance--

    (1) accomplish 1 or more of the purposes identified in 
 

section 101

    (b) ; and

    (2) advance the implementation of priority projects 
 identified under 

section 104
            (c) .
            (c) Cost Sharing.--The Administrator may establish a Federal share 
requirement for any project carried out using any assistance provided 
under this section on an individual project basis.
            (d) Administration.--

    (1) In general.--The Administrator may enter into an 
 agreement to manage the implementation of this section with the 
 North American Development Bank or a similar organization that 
 offers grant management services.

    (2) Funding.--If the Administrator enters into an agreement 
 under paragraph

    (1) , the organization selected shall--
        (A) for each fiscal year, receive amounts to carry 
 out this section in an advance payment of the entire 
 amount on the date of enactment of an appropriations 
 Act making appropriations to the Administrator for a 
 fiscal year, or as soon as practicable thereafter; and
        (B) otherwise administer the implementation of this 
 section to support partnerships between the public and 
 private sectors in accordance with this title.

    (e) Construction, Operation, and Maintenance.--The Commissioner may 
construct, operate, and maintain any project carried out using funds 
made available to carry out this section.

    (f) Authorization of Appropriations.--

    (1) In general.--There is authorized to be appropriated to 
 the Administrator to carry out this section $50,000,000 for 
 each of fiscal years 2026 through 2036, to remain available 
 until expended.

    (2) Set aside.--Of amounts made available to carry out this 
 section, the Administrator may use not more than 5 percent for 
 grants under this section for salaries, expenses, and 
 administration.

    (3) Transfer.--The Administrator may transfer amounts made 
 available under this subsection to the Commissioner as the 
 Administrator determines necessary to carry out this section.

SEC. 106. ANNUAL BUDGET PLAN.

 The President, as part of the annual budget submission of the 
President to Congress under 

section 1105

    (a) of title 31, United States 
Code, shall submit estimated expenditures and proposed appropriations 
for projects under this title, including administrative needs and 
expenses, for the current year, the budget year, and 5 outyears (as 
those terms are defined in 

section 250
            (c) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 900
            (c) )), including for 
projects included in the priority list under 

section 104
            (c) , for each 
Federal agency described in 

section 103
            (c) (1) .

SEC. 107. REPORTS.

 Not later than 1 year after the date of enactment of this Act, and 
every 2 years thereafter, the Administrator shall submit to Congress a 
report on the implementation of this title, including--

    (1) a description of--
        (A) each project that has received funding pursuant 
 to this title; and
        (B) the status of all projects that have received 
 funding pursuant to this title that are in progress on 
 the date of submission of the report; and

    (2) an assessment of the effectiveness of the operation and 
 maintenance of each project that has been carried out pursuant 
 to this title.

 TITLE II--NEW RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION

SEC. 201. FINDINGS; PURPOSES.

    (a) 

=== Findings ===
-Congress finds that--

    (1) the New River was born out of--
        (A) occasional flows of the Colorado River into the 
 Salton Sink; and
        (B) the erosion of the New River channel, which 
 formed the deep river canyon between 1905 and 1907;

    (2) the New River--
        (A) starts in Mexicali, Mexico;
        (B) flows north into the United States through 
 Calexico;
            (C) passes through the Imperial Valley; and
            (D) drains into the Salton Sea approximately 66 
 miles north of the international boundary;

    (3) the sub-watershed of the New River covers approximately 
 750 square miles, of which 63 percent is in Mexico and 37 
 percent is in the United States;

    (4) the New River has been widely recognized for 
 significant water pollution problems, primarily because of 
 agricultural runoff, raw sewage, pesticides, and discharges of 
 wastes from domestic, agricultural, and industrial sources in 
 Mexico and the Imperial Valley;

    (5) by the 1980s, the New River acquired the reputation of 
 being 1 of the most polluted rivers in the United States, with 
 many pollutants in the New River posing serious human health 
 hazards to local populations, particularly in Calexico and 
 Mexicali;

    (6) in 1992, Minute 288 of the International Boundary and 
 Water Commission--
        (A) established a sanitation strategy for the water 
 quality problems of the New River at the international 
 border; and
        (B) divided sanitation projects into 2 immediate 
 repair projects, the Mexicali I and Mexicali II, that--
            (i) totaled approximately $50,000,000; and
            (ii) were funded by both the United States 
 and Mexico through the North American 
 Development Bank;

    (7) in 1995, the Environmental Protection Agency provided 
 funds to the California Regional Water Quality Control Board to 
 monitor and document the water quality at the international 
 boundary on a monthly basis;

    (8) in the late 1990s--
        (A) the United States and Mexico spent $100,000,000 
 (of which 45 percent was paid by Mexico and 55 percent 
 was paid by the United States) to build the Las 
 Arenitas and Zaragoza wastewater treatment plants; and
        (B) after the construction of those plants, 
 untreated water from the New River was passed through 4 
 microbial treatment cells at the Las Arenitas 
 wastewater treatment plant, which was then chlorinated 
 and fed into a reforestation project along the 
 desiccated Rio Hardy, which stretches to the Sea of 
 Cortez;

    (9) a 10-year effort by community groups, lawyers, 
 regulatory agencies, and politicians addressed the problem of 
 water quality in the New River at the source by--
        (A) federally funding a new sewage treatment plant 
 in Mexicali; and
        (B) developing a site plan for the portion of the 
 New River in the United States;

    (10) in 2009, the State of California required the 
 California-Mexico Border Relations Council--
        (A) to create a water quality plan to study, 
 monitor, remediate, and enhance the water quality of 
 the New River to protect human health; and
        (B) to develop a river parkway suitable for public 
 use;

    (11) in 2012, the California-Mexico Border Relations 
 Council approved the strategic plan for the New River 
 Improvement Project that was prepared by the New River 
 Improvement Project Technical Advisory Committee;

    (12) in 2016, the New River Improvement Project Technical 
 Advisory Committee revised the recommended infrastructure of 
 the New River Improvement Project, and the State of California 
 appropriated $1,400,000 to provide grants or contracts to carry 
 out the necessary planning, design, environmental review, and 
 permitting work;

    (13) the revised New River Improvement Project includes the 
 installation of a large trash screen, a conveyance system, 
 aeration devices, a new pump station, and managed wetlands; and

    (14) the existing and ongoing voluntary conservation 
 efforts at the New River necessitate improved efficiency and 
 cost-effectiveness, increased private sector investments, and 
 coordination of Federal and non-Federal resources.

    (b) 

=== Purposes ===
-The purposes of this title include--

    (1) coordinating water quality restoration and protection 
 activities relating to the New River among Mexican, Federal, 
 State, local, and regional entities and conservation partners; 
 and

    (2) carrying out coordinated restoration and protection 
 activities relating to the New River and providing technical 
 assistance for those activities--
        (A) to sustain and enhance fish and wildlife 
 habitat restoration and protection activities;
        (B) to improve and maintain water quality to 
 support fish and wildlife, as well as the habitats of 
 fish and wildlife;
            (C) to sustain and enhance water management for 
 volume and flood damage mitigation improvements to 
 benefit fish and wildlife habitat;
            (D) to improve opportunities for public access to, 
 and recreation in and along, the New River consistent 
 with the ecological needs of fish and wildlife habitat;
        (E) to maximize the resilience of natural systems 
 and habitats under changing watershed conditions;
        (F) to engage the public through outreach, 
 education, and citizen involvement to increase capacity 
 and support for coordinated water quality restoration 
 and protection activities relating to the New River;
        (G) to increase scientific capacity to support the 
 planning, monitoring, and research activities necessary 
 to carry out coordinated water quality restoration and 
 protection activities relating to the New River; and
        (H) to provide technical assistance to carry out 
 water quality restoration and protection activities 
 relating to the New River.

SEC. 202. DEFINITIONS.

 In this title:

    (1) Program.--The term ``program'' means the California New 
 River Public Health and Water Quality Restoration Program 
 established under 

section 203

    (a) .

    (2) Water quality restoration and protection.--The term 
 ``water quality restoration and protection'', with respect to 
 the New River watershed, means--
        (A) the enhancement of water quality and stormwater 
 management; and
        (B) the use of natural and green infrastructure to 
 enhance the ability of the watershed to capture 
 pollutants and reduce runoff to prevent flooding.

SEC. 203. CALIFORNIA NEW RIVER PUBLIC HEALTH AND WATER QUALITY 
 RESTORATION PROGRAM.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, subject to the availability of appropriations 
provided specifically for this purpose, the Administrator shall 
establish a Geographic Program, to be known as the ``California New 
River Public Health and Water Quality Restoration Program''.

    (b) Duties.--In carrying out the program, the Administrator shall--

    (1) carry out projects, plans, and initiatives for the New 
 River that are supported by the California-Mexico Border 
 Relations Council, and work in consultation with applicable 
 management entities, including representatives of the Calexico 
 New River Committee, the California-Mexico Border Relations 
 Council, the New River Improvement Project Technical Advisory 
 Committee, the Federal Government, State and local governments, 
 and regional and nonprofit organizations, to carry out water 
 quality restoration and protection activities relating to the 
 New River;

    (2) carry out activities that--
        (A) develop, using monitoring, data collection, and 
 assessment, a shared set of science-based water quality 
 restoration and protection activities identified in 
 accordance with paragraph

    (1) ;
        (B) support the implementation of a shared set of 
 science-based water quality restoration and protection 
 activities identified in accordance with paragraph

    (1) , 
 including water reuse projects, water recycling 
 projects, and natural and green infrastructure 
 projects;
            (C) target cost-effective projects with measurable 
 results; and
            (D) maximize public health and water quality 
 conservation outcomes; and

    (3) provide grants, agreements, and technical assistance in 
 accordance with 

section 205.
            (c) Coordination.--In establishing the program, the Administrator 
shall consult, as appropriate, with--

    (1) the heads of Federal agencies, including--
        (A) the Secretary of the Interior;
        (B) the Secretary of Agriculture;
            (C) the Secretary of Homeland Security;
            (D) the Administrator of General Services;
        (E) the Commissioner of U.S. Customs and Border 
 Protection;
        (F) the Commissioner;
        (G) the Secretary of the Army, acting through the 
 Chief of Engineers;
        (H) the Administrator of the National Oceanic and 
 Atmospheric Administration;
            (I) the Director of the United States Fish and 
 Wildlife Service; and
        (J) the head of any other applicable agency, as 
 determined by the Administrator;

    (2) the Governor of California;

    (3) the California Environmental Protection Agency;

    (4) the California State Water Resources Control Board;

    (5) the California Department of Water Resources;

    (6) the Colorado River Basin Regional Water Quality Control 
 Board;

    (7) the Imperial Irrigation District;

    (8) the Salton Sea Authority;

    (9) the County of Imperial;

    (10) other public agencies and organizations with authority 
 for the planning and implementation of conservation strategies 
 relating to the New River in the United States and Mexico, as 
 determined by the Administrator; and

    (11) representatives of the North American Development 
 Bank.
            (d) Cooperative Agreements and Memoranda of Understanding.--

    (1) In general.--To achieve the purposes of this title, the 
 Administrator may enter into cooperative agreements and 
 memoranda of understanding with--
        (A) the heads of other Federal agencies, States, 
 State agencies, units of local government, regional 
 governmental bodies, and private entities; and
        (B) in cooperation with the Secretary, the 
 Government of Mexico.

    (2) Use of agreements.--The Administrator may enter into 
 the cooperative agreements and memoranda of understanding 
 described in paragraph

    (1) --
        (A) to carry out the activities described in this 
 section, including studies, plans, construction, and 
 completion of projects to improve the water quality of, 
 environment of, and public health around the New River; 
 and
        (B) to carry out a pilot project under which the 
 Administrator shall, for projects selected by the 
 Administrator that would otherwise not be successful in 
 improving the water quality of, environment of, and 
 public health of people residing in areas surrounding 
 the New River--
            (i) identify the parties responsible for 
 the projects; and
            (ii) provide funds to those parties for the 
 operations and maintenance of the projects.

    (3) Term.--The cooperative agreements and memoranda of 
 understanding described in paragraph

    (1) shall be limited to a 
 specified period of time, as determined by the Administrator.

    (4) Financial arrangements.--
        (A) In general.--If the Administrator enters into a 
 cooperative agreement or memorandum of understanding 
 described in paragraph

    (1) , the Administrator may 
 require the other party to the agreement or memorandum 
 to provide payment to the Administrator.
        (B) Deposit.--Any amounts received as a payment 
 under subparagraph
        (A) shall be deposited into the 
 State and Tribal Assistance Grants account of the 
 Environmental Protection Agency and shall remain 
 available, without further appropriation, to carry out 
 the purposes of this title.

    (5) Personnel; services; technical assistance.--The 
 Administrator may provide or accept personnel, services, and 
 technical assistance pursuant to a cooperative agreement or 
 memorandum of understanding described in paragraph

    (1) , with or 
 without reimbursement, for the purposes of carrying out the 
 agreement or memorandum.

SEC. 204. WATER QUALITY ACTION PLAN.

    (a) Development.--

    (1) In general.--The Administrator, in consultation with 
 the entities described in 

section 203
            (c) , shall develop an 
 action plan for the purpose of improving and protecting the 
 water quality of the New River watershed.

    (2) Requirements.--The action plan under paragraph

    (1) shall--
        (A) build on and incorporate any existing efforts 
 and plans to improve and protect the water quality of 
 the New River, whether ongoing or completed; and
        (B) include--
            (i) such features as are needed to improve 
 and protect the quality of wastewater, 
 stormwater runoff, and other untreated flows;
            (ii) criteria for selecting--
            (I) water quality restoration and 
 protection projects; and
            (II) projects on the priority list 
 under subsection
            (c) (1) ;
            (iii) the amounts necessary for the 
 operations and maintenance of infrastructure 
 existing on and constructed after the date of 
 enactment of this Act; and
            (iv) potential sources of funding to help 
 pay the costs described in clause
            (iii) .

    (3) Operations and maintenance funding.--
        (A) In general.--In developing the action plan 
 under paragraph

    (1) , the Administrator, working with 
 the entities described in 

section 203
            (c) , shall assess 
 and identify potential alternative sources and 
 approaches for financing infrastructure projects, 
 including financing the operations and maintenance of 
 those infrastructure projects.
        (B) Requirement.--In carrying out subparagraph
        (A) , 
 the Administrator shall assess the approaches 
 identified in the report of the Environmental Financial 
 Advisory Board entitled ``Evaluating Stormwater 
 Infrastructure Funding and Financing'' and dated March 
 2020.

    (b) Issuance; Updates.--The Administrator shall--

    (1) not later than 1 year after the date of enactment of 
 this Act, issue the action plan under subsection

    (a)

    (1) ; and

    (2) every 5 years after the date on which the action plan 
 is issued under paragraph

    (1) , update the action plan.
            (c) Priority List.--

    (1) In general.--The action plan under subsection

    (a)

    (1) shall include a priority list of potential or proposed water 
 quality restoration and protection projects for the New River 
 watershed that--
        (A) provides for the management of wastewater or 
 stormwater or the removal of debris, sediment, 
 chemicals, bacteria, and other contaminants from the 
 water flowing north into the United States;
        (B) estimates the costs and identifies the entities 
 that will fund the construction, operation, and 
 maintenance of each project on the priority list;
            (C) is developed in coordination with the entities 
 described in 

section 203
            (c) ;
            (D) assists agencies to coordinate funding; and
        (E) identifies projects--
            (i) in the New River watershed; and
            (ii) that address transboundary flows that 
 affect coastal communities in and near the New 
 River watershed.

    (2) Development.--In developing the priority list under 
 paragraph

    (1) , the Administrator shall--
        (A) use the best available science, including any 
 relevant findings and recommendations of a watershed 
 assessment conducted by Federal, State, and local 
 agencies;
        (B) carry out and fund science development, 
 monitoring, or modeling as needed to inform project 
 development and assessment; and
            (C) include, in order of priority, potential or 
 proposed water quality or stormwater projects for the 
 restoration and protection of the New River that--
            (i) would help--
            (I) to achieve and maintain the 
 water quality standards for--

    (aa) public health;

    (bb) recreational 
 opportunities;
            (cc) scenic resources; and
            (dd) wildlife and habitat; 
 and
            (II) to address water needs in the 
 New River watershed, including through 
 water reuse and water recycling; and
            (ii) would identify responsible agencies 
 and funding sources through coordinated efforts 
 by the entities described in 

section 203
            (c) .

SEC. 205. GRANTS, INTERAGENCY AND OTHER AGREEMENTS, AND ASSISTANCE.

    (a) In General.--In order to carry out the purposes of the program 
as described in 

section 201

    (b) and implement priority projects 
identified under 

section 204
            (c) , the Administrator may--

    (1) provide grants and technical assistance to the 
 Commissioner, State and local governments, Tribal governments, 
 the North American Development Bank, entities described in 
 

section 203
            (c) (9) , nonprofit organizations, and institutions of 
 higher education, in both the United States and Mexico; and

    (2) enter into interagency agreements with other Federal 
 agencies.

    (b) Criteria.--The Administrator, in consultation with the entities 
described in 

section 203
            (c) , shall develop criteria for providing 
grants and technical assistance and entering into interagency 
agreements under subsection

    (a) to ensure that activities carried out 
under an interagency agreement or using those grants or technical 
assistance--

    (1) accomplish 1 or more of the purposes identified in 
 

section 201

    (b) ; and

    (2) advance the implementation of priority projects 
 identified under 

section 204
            (c) .
            (c) Cost Sharing.--The Administrator may establish a Federal share 
requirement for any project carried out using any assistance provided 
under this section on an individual project basis.
            (d) Administration.--

    (1) In general.--The Administrator may enter into an 
 agreement to manage the implementation of this section with the 
 North American Development Bank or a similar organization that 
 offers grant management services.

    (2) Funding.--If the Administrator enters into an agreement 
 under paragraph

    (1) , the organization selected shall--
        (A) for each fiscal year, receive amounts to carry 
 out this section in an advance payment of the entire 
 amount on the date of enactment of an appropriations 
 Act making appropriations to the Administrator for a 
 fiscal year, or as soon as practicable thereafter; and
        (B) otherwise administer the implementation of this 
 section to support partnerships between the public and 
 private sectors in accordance with this title.

    (e) Construction, Operation, and Maintenance.--The Commissioner may 
construct, operate, and maintain any project carried out using funds 
made available to carry out this section.

    (f) Authorization of Appropriations.--

    (1) In general.--There is authorized to be appropriated to 
 the Administrator to carry out this section $50,000,000 for 
 each of fiscal years 2026 through 2036, to remain available 
 until expended.

    (2) Set aside.--Of amounts made available to carry out this 
 section, the Administrator may use not more than 5 percent for 
 grants under this section for salaries, expenses, and 
 administration.

    (3) Transfer.--The Administrator may transfer amounts made 
 available under this subsection to the Commissioner as the 
 Administrator determines necessary to carry out this section.

SEC. 206. ANNUAL BUDGET PLAN.

 The President, as part of the annual budget submission of the 
President to Congress under 

section 1105

    (a) of title 31, United States 
Code, shall submit estimated expenditures and proposed appropriations 
for projects under this title, including administrative needs and 
expenses, for the current year, budget year, and 5 outyears (as those 
terms are defined in 

section 250
            (c) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 900
            (c) )), including for 
projects included in the priority list under 

section 204
            (c) , for each 
Federal agency described in 

section 203
            (c) (1) .

SEC. 207. REPORTS.

 Not later than 1 year after the date of enactment of this Act, and 
every 2 years thereafter, the Administrator shall submit to Congress a 
report on the implementation of this title, including--

    (1) a description of--
        (A) each project that has received funding pursuant 
 to this title; and
        (B) the status of all projects that have received 
 funding pursuant to this title that are in progress on 
 the date of submission of the report; and

    (2) an assessment of the effectiveness of the operation and 
 maintenance of each project that has been carried out pursuant 
 to this title.

 TITLE III--BORDER WATER INFRASTRUCTURE IMPROVEMENT

SEC. 301. UNITED STATES-MEXICO BORDER WATER INFRASTRUCTURE PROGRAM.

    (a) 

=== Definitions. ===
-In this section:

    (1) Eligible entity.--The term ``eligible entity'' means 
 the United States Section of the International Boundary and 
 Water Commission, a State, a local government, an Indian Tribe, 
 or a water or wastewater district with jurisdiction over any 
 area in the United States or Mexico that is located within 100 
 kilometers of the United States-Mexico border.

    (2) Eligible project.--
        (A) In general.--The term ``eligible project'' 
 means a project for the construction of infrastructure 
 for drinking water treatment or distribution, 
 wastewater management, or stormwater management, 
 including natural and green infrastructure and 
 infrastructure for water reuse and water recycling, 
 that--
            (i) addresses an existing human health or 
 ecological issue;
            (ii) has an effect in the United States;
            (iii) with respect to wastewater management 
 infrastructure the water discharged from which 
 will flow, directly or indirectly, into the 
 United States, is designed to meet, to the 
 maximum extent practicable, all relevant water 
 quality standards of the country in which the 
 project is located, including, for projects 
 located in the United States, any applicable 
 standards established under the Federal Water 
 Pollution Control Act (33 U.S.C. 1251 et seq.);
            (iv) is proposed by an eligible entity with 
 legal authority--
            (I) to develop the project;
            (II) to provide the proposed 
 drinking water or wastewater services; 
 and
            (III) to obtain necessary 
 financing, including operations and 
 maintenance funding;
            (v) will comply with relevant State and 
 local environmental and other laws (including 
 regulations), including with respect to--
            (I) obtaining any necessary 
 operating permits and licenses; and
            (II) complying with any other 
 regulatory requirements related to land 
 acquisition and rights-of-way; and
            (vi) has the support of appropriate Mexican 
 Federal and State agencies, including the 
 Comision Nacional del Agua (commonly known as 
 ``CONAGUA'' or the Mexican National Water 
 Commission) and any appropriate State or 
 municipal water utility, if the project is 
 located in Mexico.
        (B) Exclusions.--The term ``eligible project'' does 
 not include a project--
            (i) for new water supply;
            (ii) that threatens an ecosystem located in 
 the United States, or that is located in both 
 the United States and Mexico, if the project 
 causes a reduction in the flow of water; or
            (iii) to provide drinking water, 
 wastewater, or stormwater services to enable 
 new development.

    (3) Program.--The term ``program'' means the program 
 established under subsection

    (b) .

    (b) Establishment.--The Administrator shall carry out a program to 
provide financial assistance, technical assistance, or a combination of 
financial and technical assistance to eligible entities for activities 
related to eligible projects, including feasibility studies, planning 
studies, environmental assessments, financial analyses, community 
participation efforts, and architectural, engineering, planning, 
design, construction, and operations and maintenance activities.
            (c) Consultation.--In carrying out the program, the Administrator 
shall consult with the North American Development Bank.
            (d) Coordination.--In carrying out the program, the Administrator 
shall coordinate with Federal, State, local, and Tribal entities in the 
border region, including the Department of Homeland Security, the 
International Boundary and Water Commission, and relevant State 
agencies.

    (e) Project Selection.--

    (1) In general.--In selecting projects for which to provide 
 assistance under the program, the Administrator shall select 
 projects in accordance with--
        (A) paragraph

    (2) ; and
        (B) any other criteria determined appropriate by 
 the Administrator.

    (2) Prioritization.--In carrying out paragraph

    (1) , the 
 Administrator shall prioritize projects that--
        (A) are identified in an action plan under 

section 104

    (a)

    (1) or 204

    (a)

    (1) ; or
        (B)
            (i) are likely to have the greatest positive 
 effects relating to the environment and public health;
            (ii) will result in benefits on the United States 
 side of the United States-Mexico border;
            (iii) address the most urgent public health and 
 environmental needs, as determined by the heads of the 
 Regional offices for Regions 6 and 9 of the 
 Environmental Protection Agency; and
            (iv) maximize sustainable practices, such as water 
 reuse and water recycling, natural and green 
 infrastructure, water efficiency, and conservation.

    (f) Terms and Conditions.--The Administrator may establish such 
terms and conditions on assistance provided under the program as the 
Administrator determines appropriate.

    (g) Cost Share.--The Administrator may establish a Federal share 
requirement for any project carried out using any assistance provided 
under this section on an individual project basis.

 TITLE IV--MISCELLANEOUS

SEC. 401. ROLE OF THE COMMISSIONER AND INTERNATIONAL AGREEMENTS.

    (a) Wastewater and Stormwater Authority.--The Commissioner may 
study, design, construct, operate, and maintain projects to manage, 
improve, and protect the quality of wastewater, stormwater runoff, and 
other untreated flows in the Tijuana River watershed and the New River 
watershed.

    (b) Tijuana and New River Projects Within the United States.--The 
Secretary, acting through the Commissioner, shall--

    (1) construct, operate, and maintain projects that--
        (A) are on a priority list developed under 

section 104
            (c) or 204
            (c) ;
        (B) are within the United States; and
            (C) improve the water quality of the Tijuana River 
 watershed or the New River watershed, as applicable; 
 and

    (2) use available funds, including funds received under 
 this Act, to construct, operate, and maintain the projects 
 described in paragraph

    (1) .
            (c) Agreements With Mexico.--The Secretary, acting through the 
Commissioner, may execute an agreement with the appropriate official or 
officials of the Government of Mexico for--

    (1) the joint study and design of stormwater control and 
 water quality projects; and

    (2) on approval of the necessary plans and specifications 
 of the projects described in paragraph

    (1) , the construction, 
 operation, and maintenance of those projects by the United 
 States and Mexico, 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.
            (d) Funding.--A project located wholly or partially within Mexico 
shall be eligible for funding under a program established under title 
I, II, or III if the project is--

    (1) identified under and consistent with an action plan 
 under 

section 104

    (a)

    (1) or 204

    (a)

    (1) ; and

    (2) approved by the Administrator.

    (e) Savings Provision.--Nothing in this section limits the 
authority of the International Boundary and Water Commission under this 
Act or any other provision of law.
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