H.R. 4357 — Border Water Quality Restoration and Protection Act

This section states congressional findings concerning transboundary pollution in the Tijuana River watershed—three-quarters of which lies in Mexico—including sewage, stormwater, trash, bacteria, and sediment that have caused over 1,000 consecutive days of beach closures in Imperial Beach prior to enactment, public health risks, economic impacts on southern California communities, environmental damage to the Tijuana River National Estuarine Research Reserve and Wildlife Refuge, and vulnerabilities exposed by events such as Tropical Storm Hilary (August 2023) and record flows of 36.154 billion gallons from Mexico in 2024.

This section provides definitions for terms used in this title, including (1) American Tijuana River watershed, meaning the portion of the Tijuana River watershed in the United States; (2) Mexican Tijuana River watershed, meaning the portion in Mexico; (3) program, meaning the Tijuana River Public Health and Water Quality Restoration Program established under section 103(a)(1); (4) Program Director, meaning the director designated under section 103(a)(2); and (5) water quality restoration and protection, meaning, with respect to the Tijuana River watershed, enhancement of water quality and stormwater management and use of natural and green infrastructure to capture pollutants and reduce runoff to prevent flooding.

This section establishes the Tijuana River Public Health and Water Quality Restoration Program (Geographic Program), to be administered by an EPA Program Director designated not later than 180 days after enactment (subject to appropriations), who must convene a management conference for the Tijuana River pursuant to the National Estuary Program (33 U.S.C. 1330) not later than 120 days after designation. (As background, the National Estuary Program authorizes EPA to convene management conferences for estuaries of national significance to develop comprehensive plans addressing point and nonpoint pollution for water quality protection, shellfish/fish/wildlife propagation, public water supplies, and recreation.) The Administrator must, through the program, (1) develop an action plan under section 104(a)(1) addressing pollution prevention, environmental/ecological restoration, climate resilience/mitigation, and related efforts in the American Tijuana River watershed; (2) implement projects, plans, and initiatives in consultation with federal, state, tribal, local, and nonprofit entities; (3) conduct monitoring/data collection/assessments and support science-based restoration activities (e.g., water reuse/recycling and green infrastructure projects) targeting cost-effective, measurable public health/water quality outcomes; (4) coordinate federal policies/strategies/projects/priorities and a regional funding strategy; and (5) provide grants, agreements, and technical assistance under section 105. In establishing the program, the Administrator must consult specified federal agencies (e.g., Departments of State, Commerce, Agriculture, Homeland Security, Interior, Army; NOAA; USFWS), military commands, tribal representatives, California state/local agencies (e.g., Governor, state water boards, San Diego County), rotating local government/nonprofit representatives, and cross-border entities (e.g., International Boundary and Water Commission, North American Development Bank); and enter into cooperative agreements/MOUs using specified border water infrastructure funds.

This section directs the Administrator of the Environmental Protection Agency (EPA), in consultation with specified entities, to develop and issue, not later than one year after enactment, an action plan to improve and protect water quality in the Tijuana River watershed in accordance with the U.S.-Mexico Statement of Intent signed on July 1, 2022, for priority sanitation projects in the San Diego-Tijuana region. The action plan must (1) incorporate existing efforts and projects identified in Alternative 2 of the November 2, 2022, final programmatic environmental impact statement and June 9, 2023, record of decision for the USMCA Mitigation of Contaminated Transboundary Flows Project; (2) address wastewater, stormwater, and untreated flows; (3) establish criteria for selecting restoration projects and those on a required priority list; (4) identify operations and maintenance costs for existing and new infrastructure, along with potential funding sources assessed per a March 2020 Environmental Financial Advisory Board report; and (5) include the priority list of projects for managing wastewater, stormwater, debris, sediment, chemicals, bacteria, and other contaminants in U.S., Mexican, and transboundary areas of the watershed, with cost estimates, funding entities, and prioritization to meet public health, recreation, scenic, habitat, and water reuse standards using best available science. The Administrator must update the action plan every five years.

This section authorizes the Administrator to provide grants and technical assistance to the Commissioner, state and local governments, Tribal governments, the North American Development Bank, specified entities, nonprofits, and institutions of higher education in the United States and Mexico, as well as to enter into interagency agreements with other federal agencies, to carry out the program's purposes (as described in section 101(b)) and implement priority projects (as identified under section 104(c)). The Administrator must develop criteria for such assistance in consultation with specified entities; may establish project-specific cost-sharing requirements; may delegate administration to the North American Development Bank or a similar organization, which would receive annual advance payments of the full appropriated amount; and may transfer funds to the Commissioner, who may construct, operate, and maintain projects. It authorizes appropriations of $50 million for each of fiscal years 2026 through 2036, to remain available until expended, of which not more than 5% may be used for salaries, expenses, and administration.

This section directs the President, as part of the annual budget submission to Congress, to include estimated expenditures and proposed appropriations for projects under this title—including administrative needs and expenses—for the current year, the budget year, and five outyears for each federal agency described in section 103(c)(1), including projects on the priority list under section 104(c).

This section directs the Administrator to submit to Congress a report on the implementation of this title not later than 1 year after the date of enactment and every 2 years thereafter. The report must include (1) a description of each project funded under this title and the status of all such projects in progress as of the report date; and (2) an assessment of the effectiveness of the operation and maintenance of each completed project under this title.

This section states congressional findings on the New River's geologic origins, 66-mile path from Mexicali, Mexico, through Calexico and the Imperial Valley to the Salton Sea, 750-square-mile sub-watershed (63% in Mexico), historical pollution from sewage, agricultural runoff, and industrial sources, and past U.S.-Mexico remediation efforts (including Minute 288 projects totaling $50 million, Las Arenitas and Zaragoza plants for $100 million, and $1.4 million in California funding). It declares the purposes of this title to coordinate water quality restoration among Mexican, federal, state, local, and other entities; enhance fish and wildlife habitat and water quality; improve flood mitigation and public recreation access; increase ecosystem resilience; promote public engagement and scientific capacity; and provide technical assistance.

This section defines, for purposes of this title, the term "program" as the California New River Public Health and Water Quality Restoration Program established under section 203(a) and the term "water quality restoration and protection" (with respect to the New River watershed) as (1) the enhancement of water quality and stormwater management; and (2) the use of natural and green infrastructure to enhance the watershed's ability to capture pollutants, reduce runoff, and prevent flooding.

This section establishes the California New River Public Health and Water Quality Restoration Program (Program) not later than 180 days after the date of enactment, subject to the availability of appropriations. Directs the EPA Administrator, in carrying out the Program, to (1) implement projects, plans, and initiatives for the New River (i.e., a transboundary waterway originating in Mexicali, Mexico, that flows into Imperial County, California, and carries untreated wastewater posing public health risks) supported by the California-Mexico Border Relations Council and developed in consultation with specified entities including the Calexico New River Committee; (2) develop and support science-based water quality restoration activities, including water reuse, recycling, and green infrastructure projects that are cost-effective with measurable results to maximize public health and conservation outcomes; and (3) provide grants, agreements, and technical assistance pursuant to section 205. Requires the Administrator to coordinate, as appropriate, with heads of specified federal agencies (e.g., Departments of the Interior, Agriculture, Homeland Security, and Army Corps of Engineers), California state and local entities (e.g., Governor, State Water Resources Control Board, Imperial Irrigation District), and others including the Government of Mexico and North American Development Bank. Authorizes the Administrator to enter into time-limited cooperative agreements and memoranda of understanding with federal, state, local, private, and Mexican entities to conduct studies, planning, construction, and projects improving New River water quality, environment, and public health, including a pilot program providing operations and maintenance funds for otherwise unsuccessful projects; allows parties to make payments to EPA (deposited into the State and Tribal Assistance Grants account and available without further appropriation) and exchanges of personnel, services, or technical assistance with or without reimbursement.

This section directs the Administrator of the Environmental Protection Agency (EPA), in consultation with specified entities, to develop an action plan to improve and protect water quality in the New River watershed that builds on existing efforts; identifies features needed for wastewater, stormwater runoff, and other untreated flows; establishes criteria for selecting restoration and protection projects; specifies operations and maintenance costs for existing and new infrastructure and potential funding sources; and assesses alternative financing approaches, including those in the March 2020 Environmental Financial Advisory Board report on stormwater infrastructure. The section requires the EPA to issue the plan within one year of enactment and update it every five years thereafter. The plan must include a priority list of water quality restoration and protection projects—developed using best available science, monitoring, and modeling—that manages wastewater, stormwater, and contaminants (including transboundary flows north into the United States); estimates costs and funding entities; coordinates agency funding; and prioritizes projects to meet public health, recreation, scenic, habitat, and water reuse standards.

This section authorizes the Administrator to provide grants and technical assistance to the IBWC Commissioner, state and local governments, Tribal governments, the North American Development Bank, specified private entities, nonprofits, and institutions of higher education in the United States and Mexico, as well as to enter into interagency agreements, to implement the program's purposes (under section 201(b)) and priority projects (under section 204(c)). It requires criteria for such assistance; allows project-specific cost sharing and up to 5% of funds for administrative salaries, expenses, and overhead; permits administration through an agreement with the North American Development Bank or similar entity via annual advance payments; authorizes the Commissioner to construct, operate, and maintain related projects; and authorizes appropriations of $50 million for each of fiscal years 2026 through 2036, to remain available until expended, with transfers to the Commissioner as needed.

This section directs the President, as part of the annual budget submission to Congress under 31 U.S.C. 1105(a), to include estimated expenditures and proposed appropriations for projects under this title—including administrative needs and expenses—for the current year, budget year, and five outyears (as defined in 2 U.S.C. 900(c)), covering projects on the priority list under section 204(c), for each federal agency listed in section 203(c)(1).

This section directs the Administrator to submit to Congress, not later than one year after enactment and every two years thereafter, a report on the implementation of this title that (1) describes each project funded under the title and the status of all projects in progress as of the report date, and (2) assesses the effectiveness of the operation and maintenance of each completed project.

This section establishes a program under the EPA Administrator to provide financial assistance, technical assistance, or both to eligible entities—including the U.S. Section of the International Boundary and Water Commission, states, local governments, Indian Tribes, and water or wastewater districts—for eligible projects within 100 kilometers of the U.S.-Mexico border. Eligible projects include construction of infrastructure for drinking water treatment or distribution, wastewater management, or stormwater management (including natural and green infrastructure, water reuse, and water recycling) that address existing human health or ecological issues with effects in the U.S., meet applicable water quality standards, comply with relevant laws, and have support from Mexican agencies if located in Mexico; excluded projects include those for new water supply, those threatening U.S. ecosystems or reducing water flow, or those enabling new development. The section requires consultation with the North American Development Bank; coordination with federal, state, local, and Tribal border entities (including DHS and IBWC); and project selection prioritizing (1) projects identified in specified action plans or (2) those with the greatest environmental and public health effects on the U.S. side, addressing urgent needs per EPA Regions 6 and 9, and maximizing sustainable practices such as water reuse, recycling, efficiency, and conservation. The Administrator may set terms, conditions, and project-specific cost-sharing requirements.

This section authorizes the Commissioner to study, design, construct, operate, and maintain projects to manage wastewater, stormwater runoff, and other untreated flows in the Tijuana River and New River watersheds; directs the Secretary, acting through the Commissioner, to construct, operate, and maintain specified U.S.-based projects on priority lists that improve water quality in those watersheds using available funds; permits agreements with Mexico for joint study, design, construction, operation, and maintenance of stormwater and water quality projects in accordance with the 1944 U.S.-Mexico water treaty; makes projects located wholly or partially in Mexico eligible for funding under the bill's titles I, II, or III if identified in specified action plans and approved by the Administrator; and preserves existing authorities of the International Boundary and Water Commission.