S128-118

2. Nogales wastewater improvement The first section of the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10), is amended by striking the period at the end and inserting : Provided further, That the equitable portion of the Nogales sanitation project for the city of Nogales, Arizona, shall be limited to the costs directly associated with the treatment and conveyance of the wastewater of the city and, to the extent practicable, shall not include any costs directly associated with the quality or quantity of wastewater originating in Mexico.. In this subsection: The term City means the City of Nogales, Arizona. The term Commission means the United States Section of the International Boundary and Water Commission. The term International Outfall Interceptor means the pipeline that conveys wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant. The term Nogales International Wastewater Treatment Plant means the wastewater treatment plant that— is operated by the Commission; is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and treats sewage and wastewater originating from— Nogales, Sonora, Mexico; and Nogales, Arizona. Subject to subparagraph (B) and in accordance with authority under the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 et seq.), on transfer by donation from the City of the current stake of the City in the International Outfall Interceptor to the Commission, the Commission shall enter into such agreements as are necessary to assume full ownership and control over the International Outfall Interceptor. The Commission shall assume full ownership and control over the International Outfall Interceptor under subparagraph (A) after all applicable governing bodies in the State of Arizona, including the City, have— signed memoranda of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor; entered into an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and agreed to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor. Beginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under paragraph (2)(A), but subject to paragraph (5), the Commission shall be responsible for the operations and maintenance of the International Outfall Interceptor. There are authorized to be appropriated to the Commission to carry out this paragraph, to remain available until expended— $6,500,000 for fiscal year 2025; and not less than $2,500,000 for fiscal year 2026 and each fiscal year thereafter. The Commission shall construct, operate, and maintain a debris screen at Manhole One of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico. In constructing and operating the debris screen under clause (i), the Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate— the removal of drug bundles and other illicit goods caught in the debris screen; and other operations at the International Outfall Interceptor that require coordination. There are authorized to be appropriated to the Commission, to remain available until expended— for fiscal year 2025— $8,000,000 for construction of the debris screen described in subparagraph (A)(i); and not less than $1,000,000 for the operations and maintenance of the debris screen described in subparagraph (A)(i); and not less than $1,000,000 for fiscal year 2026 and each fiscal year thereafter for the operations and maintenance of the debris screen described in subparagraph (A)(i). Chapter 171 and section 1346(b) of title 28, United States Code (commonly known as the Federal Tort Claims Act), shall not apply to any claim arising from the activities of the Commission in carrying out this subsection, including any claim arising from damages that result from overflow of the International Outfall Interceptor due to excess inflow to the International Outfall Interceptor originating from Nogales, Sonora, Mexico. This section (including the amendments made by this section) takes effect on October 1, 2024.