§ 277d-45. — Negotiation of new Treaty Minute.
[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-45]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER IV--INTERNATIONAL BOUNDARY AND WATER COMMISSION
Sec. 277d-45. Negotiation of new Treaty Minute
(a) Congressional statement
In light of the existing threat to the environment and to public
health and safety within the United States as a result of the river and
ocean pollution in the San Diego-Tijuana border region, the Secretary is
requested to give the highest priority to the negotiation and execution
of a new Treaty Minute, or a modification of Treaty Minute 283,
consistent with the provisions of sections 277d-43 to 277d-46 of this
title, in order that the other provisions of sections 277d-43 to 277d-46
of this title to address such pollution may be implemented as soon as
possible.
(b) Negotiation
(1) Initiation
The Secretary is requested to initiate negotiations with Mexico,
within 60 days after November 7, 2000, for a new Treaty Minute or a
modification of Treaty Minute 283 consistent with the provisions of
sections 277d-43 to 277d-46 of this title.
(2) Implementation
Implementation of a new Treaty Minute or of a modification of
Treaty Minute 283 under sections 277d-43 to 277d-46 of this title
shall be subject to the provisions of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3) Matters to be addressed
A new Treaty Minute or a modification of Treaty Minute 283 under
paragraph (1) should address, at a minimum, the following:
(A) The siting of treatment facilities in Mexico and in the
United States.
(B) Provision for the secondary treatment of effluent from
the IWTP at a Mexican facility if such treatment is not provided
for at a facility in the United States.
(C) Provision for additional capacity for advanced primary
and secondary treatment of additional sewage emanating from the
Tijuana River area, Mexico, in addition to the treatment
capacity for the advanced primary effluent from the IWTP at the
Mexican facility.
(D) Provision for any and all approvals from Mexican
authorities necessary to facilitate water quality verification
and enforcement at the Mexican facility.
(E) Any terms and conditions considered necessary to allow
for use in the United States of treated effluent from the
Mexican facility, if there is reclaimed water which is surplus
to the needs of users in Mexico and such use is consistent with
applicable United States and California law.
(F) Any other terms and conditions considered necessary by
the Secretary in order to implement the provisions of sections
277d-43 to 277d-46 of this title.
(Pub. L. 106-457, title VIII, Sec. 805, Nov. 7, 2000, 114 Stat. 1980.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (b)(2), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 4321
of Title 42 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 277d-43, 277d-44, 277d-46 of
this title.
