[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1163 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1163
To condition of receipt of certain State revolving funds on the
restriction of development or construction of new colonias and colonia
structures along the border between the United States and Mexico.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 2, 2003
Mrs. Hutchison introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To condition of receipt of certain State revolving funds on the
restriction of development or construction of new colonias and colonia
structures along the border between the United States and Mexico.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RESTRICTION ON DEVELOPMENT AND CONSTRUCTION OF NEW COLONIAS
AREAS.
(a) Definitions.--In this section:
(1) Colonia.--The term ``colonia'' means any identifiable
community that--
(A) is located in the State of Arizona, California,
New Mexico, or Texas;
(B) is located in the United States-Mexico border
region;
(C) is determined by a State referred to in
subparagraph (A) to be a colonia on the basis of
objective criteria, including a lack of--
(i) a potable water supply;
(ii) adequate sewage systems; and
(iii) decent, safe, and sanitary housing;
and
(D) before the date of enactment of this Act, was
in existence and generally recognized as a colonia by
the State.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(3) United states-mexico border region.--
(A) In general.--The term ``United States-Mexico
border region'' means the area of the United States
located within 150 miles of the border between the
United States and Mexico.
(B) Exclusion.--The term ``United States-Mexico
border region'' does not include any standard
metropolitan statistical area with a population that is
greater than 1,000,000, as determined by the Secretary.
(b) Restriction on Development and Construction.--
(1) In general.--Notwithstanding any other provision of
law, beginning for the fiscal year in which this Act is
enacted, and for each fiscal year thereafter, no State referred
to in subsection (a)(1)(A) shall receive a capitalization grant
for the fiscal year under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.) or section 1452
of the Safe Drinking Water Act (42 U.S.C. 300j-12) unless the
State, to the satisfaction of the Secretary, requires each
county and municipal government in the United States-Mexico
border region in the State to establish and enforce an
ordinance or rule described in paragraph (2).
(2) Ordinance or rule.--An ordinance or rule referred to in
paragraph (1) is an ordinance or rule that prohibits the
development or construction of any new colonia, or the
construction of any new structure in a colonia, that lacks
water, wastewater, or other necessary infrastructure required--
(A) to comply with--
(i) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.); and
(ii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.); and
(B) to address the water infrastructure needs of
the colonia or structure.
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