§ 277d-44. — Actions to be taken by the Commission and the Administrator.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC277d-44]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER IV--INTERNATIONAL BOUNDARY AND WATER COMMISSION
Sec. 277d-44. Actions to be taken by the Commission and the
Administrator
(a) Secondary treatment
(1) In general
Subject to the negotiation and conclusion of a new Treaty Minute
or the amendment of Treaty Minute 283 under section 277d-45 \1\ of
this title, and notwithstanding section 510(b)(2) of the Water
Quality Act of 1987 (101 Stat. 81), the Commission is authorized and
directed to provide for the secondary treatment of a total of not
more than 50 mgd in Mexico--
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\1\ See References in Text note below.
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(A) of effluent from the IWTP if such treatment is not
provided for at a facility in the United States; and
(B) of additional sewage emanating from the Tijuana River
area, Mexico.
(2) Additional authority
Subject to the results of the comprehensive plan developed under
subsection (b) of this section revealing a need for additional
secondary treatment capacity in the San Diego-Tijuana border region
and recommending the provision of such capacity in Mexico, the
Commission may provide not more than an additional 25 mgd of
secondary treatment capacity in Mexico for treatment described in
paragraph (1).
(b) Comprehensive plan
Not later than 24 months after November 7, 2000, the Administrator
shall develop a comprehensive plan with stakeholder involvement to
address the transborder sanitation problems in the San Diego-Tijuana
border region. The plan shall include, at a minimum--
(1) an analysis of the long-term secondary treatment needs of
the region;
(2) an analysis of upgrades in the sewage collection system
serving the Tijuana area, Mexico; and
(3) an identification of options, and recommendations for
preferred options, for additional sewage treatment capacity for
future flows emanating from the Tijuana River area, Mexico.
(c) Contract
(1) In general
Subject to the availability of appropriations to carry out this
subsection and notwithstanding any provision of Federal procurement
law, upon conclusion of a new Treaty Minute or the amendment of
Treaty Minute 283 under section 277d-45 \1\ of this title, the
Commission may enter into a fee-for-services contract with the owner
of a Mexican facility in order to carry out the secondary treatment
requirements of subsection (a) of this section and make payments
under such contract.
(2) Terms
Any contract under this subsection shall provide, at a minimum,
for the following:
(A) Transportation of the advanced primary effluent from the
IWTP to the Mexican facility for secondary treatment.
(B) Treatment of the advanced primary effluent from the IWTP
to the secondary treatment level in compliance with water
quality laws of the United States, California, and Mexico.
(C) Return conveyance from the Mexican facility of any such
treated effluent that cannot be reused in either Mexico or the
United States to the South Bay Ocean Outfall for discharge into
the Pacific Ocean in compliance with water quality laws of the
United States and California.
(D) Subject to the requirements of subsection (a) of this
section, additional sewage treatment capacity that provides for
advanced primary and secondary treatment of sewage described in
subsection (a)(1)(B) of this section in addition to the capacity
required to treat the advanced primary effluent from the IWTP.
(E) A contract term of 20 years.
(F) Arrangements for monitoring, verification, and
enforcement of compliance with United States, California, and
Mexican water quality standards.
(G) Arrangements for the disposal and use of sludge,
produced from the IWTP and the Mexican facility, at a location
or locations in Mexico.
(H) Maintenance by the owner of the Mexican facility at all
times throughout the term of the contract of a 20 percent equity
position in the capital structure of the Mexican facility.
(I) Payment of fees by the Commission to the owner of the
Mexican facility for sewage treatment services with the annual
amount payable to reflect all agreed upon costs associated with
the development, financing, construction, operation, and
maintenance of the Mexican facility, with such annual payment to
maintain the owner's 20 percent equity position throughout the
term of the contract.
(J) Provision for the transfer of ownership of the Mexican
facility to the United States, and provision for a cancellation
fee by the United States to the owner of the Mexican facility,
if the Commission fails to perform its obligations under the
contract. The cancellation fee shall be in amounts declining
over the term of the contract anticipated to be sufficient to
repay construction debt and other amounts due to the owner that
remain unamortized due to early termination of the contract.
(K) Provision for the transfer of ownership of the Mexican
facility to the United States, without a cancellation fee, if
the owner of the Mexican facility fails to perform the
obligations of the owner under the contract.
(L) The use of competitive procedures, consistent with title
III of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.), by the owner of the Mexican
facility in the procurement of property or services for the
engineering, construction, and operation and maintenance of the
Mexican facility.
(M) An opportunity for the Commission to review and approve
the selection of contractors providing engineering,
construction, and operation and maintenance for the Mexican
facility.
(N) The maintenance by the owner of the Mexican facility of
all records (including books, documents, papers, reports, and
other materials) necessary to demonstrate compliance with the
terms of this section and the contract.
(O) Access by the Inspector General of the Department of
State or the designee of the Inspector General for audit and
examination of all records maintained pursuant to subparagraph
(N) to facilitate the monitoring and evaluation required under
subsection (d) of this section.
(P) Offsets or credits against the payments to be made by
the Commission under this section to reflect an agreed upon
percentage of payments that the owner of the Mexican facility
receives through the sale of water treated by the facility.
(d) Implementation
(1) In general
The Inspector General of the Department of State shall monitor
the implementation of any contract entered into under this section
and evaluate the extent to which the owner of the Mexican facility
has met the terms of this section and fulfilled the terms of the
contract.
(2) Report
The Inspector General shall transmit to Congress a report
containing the evaluation under paragraph (1) not later than 2 years
after the execution of any contract with the owner of the Mexican
facility under this section, 3 years thereafter, and periodically
after the second report under this paragraph.
(Pub. L. 106-457, title VIII, Sec. 804, Nov. 7, 2000, 114 Stat. 1978.)
References in Text
Section 277d-45 of this title, referred to in subsec. (a)(1), was in
the original ``section 1005 of this Act'', and, referred to in subsec.
(c)(1), was in the original ``section 5''. Both original references were
translated as if they referred to section 805 of Pub. L. 106-457, to
reflect the probable intent of Congress, because Pub. L. 106-457 does
not contain a section 1005 or a section 5, and section 805 of Pub. L.
106-457 relates to the conclusion of a new Treaty Minute and the
amendment of Treaty Minute 283.
Section 510(b)(2) of the Water Quality Act of 1987, referred to in
subsec. (a)(1), is section 510(b)(2) of Pub. L. 100-4, title V, Feb. 4,
1987, 101 Stat. 81, which is not classified to the Code.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (c)(2)(L), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Title III of the Act is classified generally to
subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public
Contracts. For complete classification of this Act to the Code, see
Tables.
Section Referred to in Other Sections
This section is referred to in sections 277d-43, 277d-45, 277d-46 of
this title.
