H.R.4794 - To amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000 to extend the authorization of appropriations, and for other purposes.108th Congress (2003-2004)
Summary: H.R.4794 — 108th Congress (2003-2004)
Public Law (11/30/2004)
(This measure has not been amended since it was passed by the House on October 7, 2004. The summary of that version is repeated here.)
Amends the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000 to request the U.S. section of the International Boundary and Water Commission, United States and Mexico, to give the highest priority to the implementation of Treaty Minute 311 to the Treaty for the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, which establishes a framework for the siting of a treatment facility in Mexico to provide for the secondary treatment of effluent from the South Bay International Wastewater Treatment Plant.
Modifies contractual provisions under the Act to: (1) repeal a requirement for annual payment to maintain the owner's 20 percent equity position throughout the term of the contract; and (2) authorize the payment of fees by the Commission to the owner of the Mexican facility to include costs associated with the purchase of any insurance or other financial instrument, which may be amortized over the term of the contract; and (3) provide that neither the Commission nor the U.S. Government shall be liable for payment of any cancellation fees if the Commission cancels the contract.
Authorizes the owner of the facility to purchase insurance or another financial instrument to cover the risk of cancellation of the contract by the Commission. Prohibits such insurance or other financial instrument from being provided or guaranteed by the U.S. Government. Allows the Government to reserve the right to validate independently the reasonableness of the premium when negotiating the annual service fee with the owner.
Extends authority for the sewage treatment program indefinitely and increases the amount authorized.