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.