22 U.S.C. § 277d–45 — New Treaty Minute
submitted 26 years ago by Pub. L. 106-457 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 571 words · no verdicts yet
Congress asks the Secretary of State to make it a top priority to negotiate a new Treaty Minute, or revise Minute 283, to address pollution harming health and the environment in the San Diego-Tijuana border region — starting talks within 60 days and covering issues like treatment-plant siting and use of treated water in the U.S. It also asks the Commission to prioritize carrying out Treaty Minute 311, which sets up a framework for treating this sewage in Mexico.
(a) Congressional statement. Because river and ocean pollution in the San Diego-Tijuana region threatens the environment and public health in the United States, Congress asks the Secretary of State to make negotiating and finishing a new Treaty Minute — or a change to Treaty Minute 283 — the highest priority, consistent with sections 277d–43 to 277d–46, so the pollution problem can be addressed as soon as possible.
(b) Negotiation. (1) Initiation — The Secretary is asked to start negotiating with Mexico within 60 days of November 7, 2000, for a new Treaty Minute or a change to Minute 283. (2) Implementation — Carrying out any new Treaty Minute or change to Minute 283 must follow the National Environmental Policy Act of 1969. (3) Matters to be addressed — A new Treaty Minute or change to Minute 283 should at least cover: (A) where to put treatment facilities in Mexico and the United States; (B) secondary treatment of IWTP effluent at a Mexican facility, if a U.S. facility doesn't treat it; (C) extra capacity for advanced primary and secondary treatment of additional Tijuana River area sewage, beyond what's needed for the IWTP; (D) any approvals needed from Mexican authorities for water-quality checking and enforcement at the Mexican facility; (E) terms allowing the U.S. to use treated water from the Mexican facility if there's a surplus beyond what Mexico's users need, as long as that use follows U.S. and California law; and (F) any other terms the Secretary thinks are needed to carry out sections 277d–43 to 277d–46.
(c) Implementation. Because pollution in the San Diego-Tijuana region continues to threaten health and the environment, Congress asks the Commission to make it a top priority to carry out Treaty Minute 311. That Minute sets up a framework for siting a treatment facility in Mexico that provides secondary treatment for IWTP effluent, adds capacity for treating additional Tijuana River sewage, and meets Mexican, U.S., and California water-quality standards — all consistent with sections 277d–43 to 277d–46 — so the pollution problem can be addressed as soon as possible.
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.
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.
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.).
A new Treaty Minute or a modification of Treaty Minute 283 under paragraph (1) should address, at a minimum, the following:
The siting of treatment facilities in Mexico and in the United States.
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.
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.
Provision for any and all approvals from Mexican authorities necessary to facilitate water quality verification and enforcement at the Mexican facility.
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.
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.
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.)
- 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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