Border Water Quality Restoration and Protection Act
The Border Water Quality Restoration and Protection Act would create a formal, federally led program to restore and protect water quality in cross-border waters associated with the Tijuana River and the New River, spanning both the United States and Mexico. It establishes two interconnected geographic programs (one for the Tijuana River watershed and one for the California portion of the New River watershed) under the Environmental Protection Agency (EPA) with dedicated program directors, goal-oriented action plans, and interagency coordination. The bill also sets up a border water infrastructure program to fund priority projects and provides a framework for grants, cooperative agreements, and international collaboration with Mexican authorities and regional partners. Overall, the bill aims to reduce transboundary pollution, improve public health, support habitat and recreation, and encourage green infrastructure and water reuse where feasible. Key features include: (1) creation of two cross-border water quality restoration programs; (2) development of action plans and a priority project list guided by existing US–Mexico border sanitation efforts and prior International Boundary and Water Commission (IBWC) agreements; (3) a robust interagency and binational coordination structure, including tribal, state, local, and Mexican participation; (4) a dedicated funding mechanism with annual appropriations, cost-sharing, and the potential for grants and technical assistance; (5) reporting and budget requirements to track progress and effectiveness. A separate Title III would establish a border water infrastructure program to support these efforts.
Key Points
- 1Establishment of two geographic programs:
- 2- Tijuana River Public Health and Water Quality Restoration Program (federal EPA program) and
- 3- California New River Public Health and Water Quality Restoration Program.
- 4- Each program will have a designated Program Director and will coordinate with federal, state, local, tribal, and Mexican entities to plan and implement restoration and protection activities.
- 5Water quality action plans and priority lists (Section 104):
- 6- Each program must develop an action plan building on existing efforts (including the July 2022 US–Mexico Statement of Intent) and incorporate EPA/IBWC project alternatives.
- 7- Plans must identify priority projects (including wastewater and stormwater management, debris/sediment removal, and water reuse/recycling), with cost estimates and funding sources.
- 8- Plans require ongoing operations and maintenance funding considerations and financing options.
- 9Grants, interagency agreements, and technical assistance (Section 105):
- 10- The Administrator may provide grants and technical assistance to U.S. and Mexican entities, and enter into interagency agreements to carry out projects.
- 11- Criteria will be established to ensure funded activities meet program purposes and advance priority projects; cost-sharing provisions may apply.
- 12- Administrative support and potential transfer of funds to the Commissioner for execution.
- 13Management and coordination mechanisms:
- 14- A management conference for the Tijuana River, as authorized by the Federal Water Pollution Control Act (Section 320), will be convened within 120 days of a Program Director’s designation.
- 15- Broad consultation requirements with numerous federal agencies, state and local governments, tribal governments, Indian Tribes, California state and local authorities, and the North American Development Bank (NADB), among others.
- 16Funding and budgeting:
- 17- Authorization of appropriations of $50,000,000 per year for fiscal years 2026–2036, available until expended (Title III’s border infrastructure program supports related work; up to 5% may be used for administration).
- 18- Provisions for transfer of funds to the Commissioner as needed and for potential private/public partnerships via NADB or similar entities.
- 19- Annual budget submissions by the President to Congress, including project expenditures and long-range planning (5-year outyears).
- 20Reporting and oversight:
- 21- The EPA Administrator must report to Congress at least every two years on program implementation, project status, and the effectiveness of operation and maintenance.
- 22- Initial report due within one year of enactment, with subsequent reports every two years.