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H.R. 4357IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 103 · H.R. 4357

Tijuana River Public Health and Water Quality Restoration Program

Title I — Tijuana River Public Health and Water Quality Restoration

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(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. 103: Tijuana River Public Health and Water Quality Restoration Program · Public Law Tracker