HR 6060 IH
102d CONGRESS
2d Session
 H. R. 6060
To establish certain environmental protection procedures within the area
comprising the border region between the United States and the Republic
of Mexico.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 30, 1992
Mr. BUSTAMANTE introduced the following bill; which was referred jointly
to the Committees on Energy and Commerce, Foreign Affairs, and Public Works
and Transportation
A BILL
To establish certain environmental protection procedures within the area
comprising the border region between the United States and the Republic
of Mexico.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `United States-Mexico Border Environmental
  Zone Protection Act'.
SEC. 2. PURPOSE.
  It is the purpose of this Act to provide for the protection of the
  environment within the area comprising the border region between the United
  States and the Republic of Mexico, as defined by the La Paz Agreement
  between the United States and Mexico, referred to hereafter as the `Border
  Environmental Zone.'
SEC. 3. FUND.
  (a) ESTABLISHMENT OF FUND- There is established in the Treasury of the United
  States the `United States-Mexico Border Environmental Zone Protection Fund
  (hereinafter referred to as the `Fund'). The Fund shall consist of such
  amounts as may be appropriated or transferred to the Fund. No moneys in
  the Fund shall be available for obligation or expenditure except pursuant
  to an environmental emergency declaration pursuant to section 4.
  (b) PURPOSE OF THE FUND- The Fund shall be readily available for use by the
  Administrator of the Environmental Protection Agency (hereinafter referred
  to as the `Administrator') to investigate and respond to conditions which
  the Administrator determines present a substantial threat to the land,
  air, or water resources of the area comprising the Border Environmental Zone.
  (c) USES OF FUND- (1) Moneys in the Fund shall be available, without
  fiscal year limitation, for use by the Administrator in carrying out field
  investigations and remediation of any environmental emergency declared by
  the Administrator under this Act.
  (2) In carrying out his authority under this Act, the Administrator is
  authorized to expend moneys in the Fund directly or make such moneys
  available through grants or contracts.
  (3) Moneys in the Fund shall be available for use by the Administrator for
  cost-sharing programs with the Republic of Mexico, any of the States of
  Texas, Arizona, California, New Mexico, or any political subdivision of any
  such State, any Local Emergency Planning Committee, federally recognized
  Indian tribes, or any other appropriate entity, for use in carrying out
  field investigations and remediation pursuant to this Act.
SEC. 4. DECLARATION OF ENVIRONMENTAL EMERGENCY.
  (a) DETERMINATION BY ADMINISTRATOR- The Administrator, whenever he determines
  conditions exist which present a substantial threat to the land, air, or
  water resources of the Border Environmental Zone, may declare the existence
  of an environmental emergency in the Border Environmental Zone. In no
  case shall the Administrator declare a condition an emergency under this
  section if such condition is specifically within the sole jurisdiction of
  the International Boundary and Water Commission.
  (b) CONSULTATION WITH AFFECTED PARTIES; AUTHORITY TO RESPOND- In responding
  to emergencies, the Administrator shall consult and cooperate with affected
  States, counties, municipalities, Indian tribes, the Republic of Mexico,
  and other affected parties. The Administrator may respond directly to an
  emergency declared under this section or may coordinate with appropriate
  State and local authorities to respond.
  (c) PETITION OF GOVERNOR- In addition to the authority subsection (a),
  the Administrator, upon the petition of the Governor of the State of
  Texas, Arizona, California, or New Mexico, or the governing body of
  a Federally recognized Indian tribe, may declare the existence of an
  environmental emergency in the Border Environmental Zone. In no case shall
  the Administrator declare a condition an emergency under this section
  if such condition is specifically within the sole jurisdiction of the
  International Boundary and Water Commission.
SEC. 5. INFORMATION SHARING.
  The Administrator, in cooperation with the Secretary of State, the Governors
  of the States of Texas, Arizona, California, and/or New Mexico, and the
  governing bodies of Federally recognized Indian tribes located within the
  United States-Mexico Border Environmental Zone, and the Republic of Mexico,
  is authorized to establish a system for information sharing and for early
  warning to the United States, each of the several States and political
  subdivisions thereof, and Indian tribes, of environmental problems affecting
  the Border Environmental Zone. The Administrator shall integrate systems
  and procedures authorized by this section into any existing systems and
  procedures established to provide information sharing and early warning
  regarding environmental problems affecting the Border Environmental Zone.
SEC. 6. REPORT TO CONGRESS.
  The Administrator, after consultation with the Secretary of States,
  the Republic of Mexico, the Governors of the States of Texas, Arizona,
  California, and New Mexico, and the tribal governments of appropriate
  Indian tribes, shall submit an annual report to the Congress on the use
  of the Fund during the calendar year preceding the calendar year in which
  such report is filed, and the status of the environmental quality of the
  area comprising the Border Environmental Zone. The Administrator shall
  publish the availability of the report in the Federal Register, along with
  a brief summary.
SEC. 7. ADVISORY COMMITTEE.
  (a) ESTABLISHMENT- The Administrator shall establish a United States-Mexico
  Border Environmental Zone Protection Advisory Committee (hereinafter
  referred to as the `Advisory Committee').
  (b) FUNCTIONS- It shall be the functions of the Advisory Committee to--(1)
  monitor and study environmental conditions within the Border Environmental
  Zone;
  (2) plan and make recommendations for ongoing environmental protection
  within such area; and
  (3) carry out such other functions as the Administrator may prescribe.
  (c) COMPOSITION OF ADVISORY COMMITTEE- The Advisory Committee shall consist
  of such number as the Administrator shall appoint. At least one member
  shall be from the Department of State. At least two of the members shall be
  from business, two from non-Government organizations, and five from State,
  local or tribal governments. The term of each member shall be for a period
  of not more than five years, specified by the Administrator at the time
  of appointment. Before filling a position on the Advisory Committee, the
  Administrator shall publish a notice in the Federal Register soliciting
  nominations for membership on the Advisory Committee.
  (d) MEETINGS AND REPORTS- The Advisory Committee shall meet at least on
  a quarterly basis, and report to the President and Congress not less than
  annually, on the state of the Border Environmental Zone, together with the
  recommendations of the Advisory Committee, if any. The initial report shall
  be submitted within twelve months following the date of the enactment of
  this Act.
  (e) COMPENSATION- Members of the Advisory Committee shall serve without
  compensation. When serving away from home or regular place of business,
  a member may be allowed travel expenses, including per diem in lieu of
  subsistence as authorized by section 5703 of title 5, United States Code,
  for individuals employed intermittently in the Government service.
SEC. 8. INTERNATIONAL AGREEMENTS.
  (a) AUTHORITY- The Secretary of State, acting through the United States
  Commissioner, International Boundary and Water Commission, United States
  and Mexico (hereafter `United States Commissioner') is authorized to
  conclude agreements with the appropriate representative of the Ministry of
  Foreign Relations of Mexico for the purpose of correcting border sanitation
  problems in international streams that form or cross the international
  boundary between the United States and the Republic of Mexico, caused by
  the discharge of untreated or inadequately treated sewage into such streams.
  (b) RECOMMENDATIONS- Agreements concluded under subsection (a) should consist
  of recommendations to the Governments of the United States and the Republic
  of Mexico of measures to protect the health and welfare of persons along
  those international streams that cross the international boundary between
  the United States and the Republic of Mexico, and should include--
  (1) facilities that should be constructed, operated and maintained in
  each country;
  (2) estimates of the costs of plans, construction, operation, and maintenance
  of such facilities;
  (3) formulas for the division of costs between the United States and the
  Republic of Mexico; and
  (4) time schedule for the construction of facilities and other measures
  recommended within the agreements authorized by this section.
SEC. 9. JOINT RESPONSES TO SANITATION EMERGENCIES.
  (a) CONSTRUCTION OF WORKS- The Secretary of States, acting through the
  United States Commissioner, is authorized to conclude agreements with
  the appropriate representative of the Ministry of Foreign Relations of
  the Republic of Mexico for the purpose of joint response through the
  construction of works, repair of existing infrastructure, and other such
  appropriate measures in the Republic of Mexico and the United States to
  correct border sanitation emergencies in international streams that form
  or cross the international boundary between the United States and the
  Republic of Mexico caused by the discharge of untreated or inadequately
  treated sewage into such streams. The United States Commissioner shall
  consult with the Governors of the States of Texas, Arizona, California
  and New Mexico in developing agreements under this Section.
  (b) HEALTH AND WELFARE- Agreements concluded under subsection (a) should
  consist of recommendation to the Governments of the United States and the
  Republic of Mexico establishing general response plans to protect the health
  and welfare of persons along those international streams that form or cross
  the international boundary between the United States and the Republic of
  Mexico, and should include, but not be limited to--
  (1) description of types of border sanitation emergencies requiring response
  including, but not limited to, sewer line breaks, power interruptions
  to wastewater handling facilities, components breakdowns to wastewater
  handling facilities, and accidental discharge of sewage, which result in
  the pollution of streams that form or cross the international boundary;
  (2) description of types of response to emergencies including, but not
  limited to, acquisition, use and maintenance of joint response equipment and
  facilities, small scale construction, including modifications to existing
  infrastructure and temporary works, and the installation of emergency and
  stand by power facilities;
  (3) formulas for distribution of costs of responses to emergencies under
  this section on a case-by-case basis; and
  (4) requirements for defining the beginning and end of an emergency.
SEC. 10. CONSTRUCTION; REPAIRS; AND OTHER MEASURES.
  (a) DEFINITION- The term `border sanitation emergency' shall mean a
  situation in which untreated or inadequately treated sewage is discharged
  into surface rivers or streams that form or cross the boundary between
  the United States and the Republic of Mexico.
  (b) BORDER SANITATION EMERGENCIES- The Secretary of State, acting through the
  United States Commissioner, is authorized to respond through construction,
  repairs and other measures in the United States to correct border sanitation
  emergencies in international streams that form or cross the international
  boundary between the United States and the Republic of Mexico, caused by
  the accidental discharge of untreated or inadequately treated sewage into
  such streams.
  (c) CONSULTATION WITH AFFECTED PARTIES; AUTHORITY TO RESPOND- In responding
  to a border sanitation emergency, the Secretary shall consult and cooperate
  with the Administrator, affected States, counties, municipalities, Indian
  tribes, the Republic of Mexico, and other affected parties. The Secretary
  of State may respond to a border sanitation emergency or may coordinate
  with appropriate State or local authorities to respond.
SEC. 11. BINATIONAL ADVISORY COMMITTEE.
  The Secretary of State, in cooperation with the Administrator, is authorized
  to enter into an agreement or other arrangement with the Republic of Mexico
  to establish an Advisory Committee comprised of members from the Republic
  of Mexico and the United States.
  (a) FUNCTIONS OF THE BINATIONAL ADVISORY COMMITTEE- It shall be the
  functions of the Binational Advisory Committee to--
  (1) assist EPA and SEDUE in the monitoring and study of environmental
  conditions within the Border Environmental Zone;
  (2) plan and make recommendations to EPA and SEDUE for ongoing environmental
  protection within such region; and (3) carry out such other functions as
  EPA and SEDUE may prescribe.
  (b) COMPOSITION OF UNITED STATES DELEGATION TO THE BINATIONAL ADVISORY
  COMMITTEE- The United States Delegation shall consist of such number as
  the Administrator shall appoint. At least two of the members shall be
  from business, two from nongovernment organizations, and five from State
  or local governments. The term of each member shall be for a period of
  not more than five years, specified by the Administrator at the time of
  appointment. Before filling a position on the Advisory Committee, the
  Administrator shall publish a notice in the Federal Register soliciting
  nominations for membership on the United States Advisory Committee.
  (c) AVAILABILITY OF COMMITTEE RECORDS TO THE PUBLIC- The Binational Advisory
  Committee shall make all reasonable efforts to make available to the public
  information on environmental conditions in the border region and efforts
  the Committee undertakes to address these conditions.
SEC. 12. TRANSFER OF FUNDS.
  (a) TRANSFER AUTHORITY- The Secretary of State, acting through the
  United States Commissioner, is authorized to include as part of the
  agreements authorized by sections 8, 9, and 10 of this Act, the necessary
  arrangements to administer the transfer to another country of funds assigned
  to one country and obtained from Federal or non-Federal governmental or
  nongovernmental sources.
  (b) COST-SHARING AGREEMENTS- No funds of the United States shall be expended
  in the Republic of Mexico for emergency investigation or remediation pursuant
  to section 8, 9, or 10 of this Act absent a cost-sharing agreement between
  the United States and the Republic of Mexico unless the Secretary of State
  has determined and can demonstrate that the expenditure of such funds in
  the Republic of Mexico would be cost-effective and in the interest of the
  United States. In cases where funds of the United States are expended in the
  Republic of Mexico without a cost-sharing agreement, the Secretary of State
  shall submit a report to the appropriate committees of Congress explaining
  why costs were not shared between the United States and the Republic of
  Mexico, and why the expenditure of such funds without cost-sharing was in
  the national interest of the United States.
  (c) ESTABLISHMENT OF FUND- (1) There is established in the Treasury of the
  United States the United States International Boundary and Water Commission
  Fund (hereinafter referred to as the `Commission Fund'). The Commission
  Fund shall consist of such amounts as may be appropriated or transferred
  to the Commission Funds.
  (2) Moneys in the Commission Fund shall be available, without fiscal year
  limitation, for use by the Secretary of State in carrying out the provisions
  of sections 8, 9, 10, 11, and 12 of this Act.
  (3) In carrying out the purposes of sections 8, 9, 10, 11, and 12 of
  this Act, the Secretary of State is authorized to expend moneys in the
  Commission Fund directly or make such moneys available to fulfill the
  purposes of any such section through grants or contracts.
SEC. 13. AUTHORIZATION.
  (a) AUTHORIZATION FOR THE FUND- There is authorized to be appropriated to
  the Fund $10,000,000 for use in accordance with the purposes of this Act.
  (b) AUTHORIZATION FOR ADVISORY COMMITTEE- There is authorized to be
  appropriated to the Administrator $500,000 for support and operation of
  the Advisory Committee.
  (c) AUTHORIZATION FOR INTERNATIONAL BOUNDARY AND WATER COMMISSION FUND-
  There is authorized to be appropriated to the International Boundary and
  Water Commission Fund $5,000,000 for carrying out sections 8, 9, 10, 11,
  and 12 of this Act.
  (d) AVAILABILITY OF FUNDS- All amounts appropriated pursuant to this Act
  shall remain available until expended.
SEC. 14. DISCLAIMER.
  Nothing in this Act shall be construed as amending, repealing or otherwise
  modifying any provision of the Comprehensive Environmental Response,
  Compensation, and Liability Act of 1980, the Superfund Amendments and
  Reauthorization  Act of 1986, or any other law, treaty or international
  agreement of the United States.