Tijuana River Watershed Provisions in United States-Mexico-Canada Agreement (USMCA)

USMCA Implementing Legislation Excerpts

SEC. 821. BORDER WATER INFRASTRUCTURE IMPROVEMENT AUTHORITY. (a) IN GENERAL—The Administrator of the Environmental Protection Agency shall, in coordination with eligible public entities, carry out the planning, design, construction, and operation and maintenance of high priority treatment works in the covered area to treat wastewater (including stormwater), nonpoint sources of pollution, and related matters resulting from international trans-boundary water flows originating in Mexico. (b) REPORT TO CONGRESS—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report on activities carried out pursuant to this section. (c) DEFINITIONS—In this section: (1) COVERED AREA—The term ‘‘covered area’’ means the portion of the Tijuana River watershed that is in the United States. (2) ELIGIBLE PUBLIC ENTITIES—The term ‘‘eligible public entities’’ means— (A) the United States Section of the International Boundary and Water Commission; (B) the Corps of Engineers; (C) the North American Development Bank; (D) the Department of State; (E) any other appropriate Federal agency; (F) the State of California; and (G) any of the following entities with jurisdiction over any part of the covered area: (i) A local government. (ii) An Indian Tribe. (iii) A regional water board. (iv) A public wastewater utility. (3) TREATMENT WORKS—The term ‘‘treatment works’’ has the meaning given that term in section 212 of the Federal Water Pollution Control Act.

TITLE IX—USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019

The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2020 and for other purposes, namely:

ENVIRONMENTAL PROTECTION AGENCY

STATE AND TRIBAL ASSISTANCE GRANTS 

For an additional amount for ‘‘State and Tribal Assistance Grants’’ for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission, $300,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

USMCA Implementation Act Report Excerpts

Section 821: Border Water Infrastructure Improvement Authority

Due to the complexity of land ownership and federal agency cross-jurisdictional issues in the Tijuana River Watershed, the Committee recognizes the need for better coordination among eligible public entities in addressing wastewater, stormwater, non-point sources of pollution, and related matters resulting from international transboundary flows originating in Mexico. The committee has determined that EPA possesses the issue expertise and experience necessary to lead and coordinate all efforts associated with pollution reduction in the Tijuana River’s Watershed. EPA should prioritize collaboration with the state of California and other eligible public local entities.

Related to Title IX: USMCA Supplemental Appropriations Act, 2019, State and Tribal Assistance Grants

The December 10 Agreement also included significant funds to address environment-focused infrastructure needs on the U.S.-Mexico border and pollution in U.S.-Mexico shared waters…..The House Democrats secured $300 million over four years of additional appropriated funds for EPA grants under the Border Water Infrastructure Program to address pollution needs connected with high priority wastewater facilities on the U.S.-Mexico Border.