
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 
Short Title note set out under section 471 of Title 40, Public 
Buildings, Property, and Works, and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 277d-43, 277d-45, 277d-46 of 
this title.
