[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.
                                 <all>