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22 U.S.C. § 277d–45New Treaty Minute

submitted 26 years ago by Pub. L. 106-457 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 571 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress asks the Secretary of State to prioritize negotiating a new or revised treaty minute with Mexico on border sewage treatment, covering facility siting and capacity, and asks the Commission to prioritize carrying out the existing Treaty Minute 311 framework for the same purpose.

(a) Congress finds that river and ocean pollution in the San Diego-Tijuana border region threatens the environment and public health and safety in the United States. Because of this, the Secretary of State is asked to make it a top priority to negotiate and finalize either a brand-new Treaty Minute, or a change to the existing Treaty Minute 283, in line with sections 277d–43 through 277d–46 — so the rest of those sections can start fighting this pollution as soon as possible. (b) Negotiation (1) The Secretary is asked to start negotiating with Mexico within 60 days after November 7, 2000, toward a new Treaty Minute or a change to Minute 283, consistent with sections 277d–43 through 277d–46. (2) Carrying out a new Treaty Minute, or a changed Minute 283, under these sections must follow the National Environmental Policy Act. (3) A new Treaty Minute, or the change to Minute 283, should cover at least: (A) Where treatment facilities will be sited, in both Mexico and the United States. (B) A plan for secondary treatment of the South Bay plant's effluent at a Mexican facility, if it isn't treated at a U.S. facility instead. (C) A plan for extra capacity to give both primary and secondary treatment to more Tijuana-area sewage, on top of the South Bay plant's own capacity. (D) Getting all the approvals from Mexican authorities needed to verify and enforce water quality at the Mexican facility. (E) Rules allowing the United States to use treated water from the Mexican facility, if there's more of it than Mexico needs and using it fits U.S. and California law. (F) Any other terms the Secretary thinks are needed to carry out sections 277d–43 through 277d–46. (c) Because the pollution threat continues, the Commission is asked to make it a top priority to carry out Treaty Minute 311. That Minute already sets up a framework for siting a Mexican treatment facility that would give secondary treatment to the South Bay plant's effluent, add capacity for more Tijuana-area sewage, and meet the water quality standards of Mexico, the United States, and California — all consistent with sections 277d–43 through 277d–46, so the rest of those sections can be put into action as soon as possible.
the actual law source: uscode.house.gov ↗public domain
(a) Congressional statement

In light of the existing 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 Secretary is requested to give the highest priority to the negotiation and execution of a new Treaty Minute, or a modification of Treaty Minute 283, consistent with the provisions of sections 277d–43 to 277d–46 of this title, in order that the other provisions of sections 277d–43 to 277d–46 of this title to address such pollution may be implemented as soon as possible.

(b) Negotiation
(1) Initiation

The Secretary is requested to initiate negotiations with Mexico, within 60 days after November 7, 2000, for a new Treaty Minute or a modification of Treaty Minute 283 consistent with the provisions of sections 277d–43 to 277d–46 of this title.

(2) Implementation

Implementation of a new Treaty Minute or of a modification of Treaty Minute 283 under sections 277d–43 to 277d–46 of this title shall be subject to the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(3) Matters to be addressed

A new Treaty Minute or a modification of Treaty Minute 283 under paragraph (1) should address, at a minimum, the following:

(A)

The siting of treatment facilities in Mexico and in the United States.

(B)

Provision for the secondary treatment of effluent from the IWTP at a Mexican facility if such treatment is not provided for at a facility in the United States.

(C)

Provision for additional capacity for advanced primary and secondary treatment of additional sewage emanating from the Tijuana River area, Mexico, in addition to the treatment capacity for the advanced primary effluent from the IWTP at the Mexican facility.

(D)

Provision for any and all approvals from Mexican authorities necessary to facilitate water quality verification and enforcement at the Mexican facility.

(E)

Any terms and conditions considered necessary to allow for use in the United States of treated effluent from the Mexican facility, if there is reclaimed water which is surplus to the needs of users in Mexico and such use is consistent with applicable United States and California law.

(F)

Any other terms and conditions considered necessary by the Secretary in order to implement the provisions of sections 277d–43 to 277d–46 of this title.

(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 sections 277d–43 to 277d–46 of this title, in order that the other provisions of sections 277d–43 to 277d–46 of this title to address such pollution may be implemented as soon as possible.

Source credit: (Pub. L. 106–457, title VIII, § 805, Nov. 7, 2000, 114 Stat. 1980; Pub. L. 108–425, § 2, Nov. 30, 2004, 118 Stat. 2421.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-457 · 114 Stat. 1980
  • 2004Amended · Pub. L. 108-425 · 118 Stat. 2421

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-457 on 2000-11-07.

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