22 U.S.C. § 277j — Management of international transboundary water pollution

submitted 4 years ago by Pub. L. 117-328 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 528 words · no verdicts yet

in plain englishAI-generated · not legal advice

Starting in fiscal year 2023, the EPA can transfer certain grant money to the Boundary Commission to help build treatment plants that clean up cross-border sewage and stormwater pollution coming from Mexico, and the Commission can then agree with Mexico on how to split running costs for these new plants. This doesn't change the Commission's authority under existing treaties, and transfers must follow normal appropriations-committee notification rules.

(a) Starting in fiscal year 2023 and every year after, the EPA Administrator may transfer money set aside under a specific 2019 appropriations heading to the Boundary Commission, either through an interagency agreement or a grant, to help build treatment works the Commission will own or run. The Commission, working with the Administrator and following sections 1372 and 1388 of title 33, must use this money for planning, studying, designing, and building treatment works that the Commissioner determines will: (1) protect U.S. border-region residents from water pollution caused by cross-border wastewater or stormwater flows from Mexico, or by breakdowns in Mexican treatment works; and (2) treat that pollution in compliance with local, state, and federal law. The Commission can also use this money to operate and maintain any new treatment works it builds, on top of whatever other funding it has for that purpose. (b) The Commission may agree with U.S. and Mexican officials on how the Commission will operate and maintain any new treatment works built under (a). That agreement must set out how the two governments split operation and maintenance costs, based on the Commission's recommendation and Mexico's approval. (c) Nothing in this section changes, limits, or repeals the Commission's authority under the 1944 water treaty with Mexico or any other applicable treaty. (d) Money transferred under (a) must follow the normal procedures for notifying the Appropriations Committees. (e) If money repurposed under this section was previously labeled an emergency requirement under the Balanced Budget and Emergency Deficit Control Act or a budget resolution, it keeps that emergency designation under specific 2022 budget resolution provisions.

the actual law source: uscode.house.gov ↗public domain

In fiscal year 2023 and in each fiscal year thereafter—

(a)

The Administrator of the Environmental Protection Agency (the “Administrator”) may transfer amounts made available under the heading “Environmental Protection Agency—State and Tribal Assistance Grants” in the USMCA Supplemental Appropriations Act, 2019 (title IX of Public Law 116–113) to the International Boundary and Water Commission, United States and Mexico (the “Commission”), by entering into an interagency agreement or by awarding a grant, to support the construction of treatment works (as that term is defined in section 1292(2) of title 33), that will be owned or operated by the Commission: Provided, That the Commission shall, in consultation with the Administrator and subject to the requirements of sections 1372 and 1388 of title 33, use amounts transferred pursuant to this section for general, administrative, or other costs (including construction management) related to the planning, study, design, and construction, of treatment works that, as determined by the Commissioner of the Commission, will—

(1)

protect residents in the United States-Mexico border region from water pollution resulting from—

(A)

transboundary flows of wastewater, stormwater, or other international transboundary water flows originating in Mexico; and

(B)

any inadequacies or breakdowns of treatment works in Mexico; and

(2)

provide treatment of the flows and water pollution described in subparagraph (A) in compliance with local, State, and Federal law: Provided, That the Commission may also use amounts transferred pursuant to this section to operate and maintain any new treatment work constructed, which shall be in addition to any amounts otherwise available to the Commission for such purposes.

(b)

The Commission is authorized to enter into an agreement with the appropriate official or officials of the United States and Mexican States for the operation and maintenance by the Commission of any new treatment works, pursuant to subsection (a): Provided, That such agreement shall contain a provision relating to the division between the two Governments of the costs of such operation and maintenance, or of the works involved there as may be recommended by said Commission and approved by the Government of Mexico.

(c)

Nothing in this section modifies, amends, repeals, or otherwise limits the authority of the Commission under—

(1)

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; or

(2)

any other applicable treaty.

(d)

Funds transferred pursuant to subsection (a) shall be subject to the regular notification procedures of the Committees on Appropriations.

(e)

Amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.

Source credit: (Pub. L. 117–328, div. K, title VII, § 7069, Dec. 29, 2022, 136 Stat. 5089.)

history & why it existsrecord from the source credit

2022Enacted · Pub. L. 117-328 · 136 Stat. 5089

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-328 on 2022-12-29.

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