II

103D CONGRESS

1ST SESSION S. 1364

To provide for assistance to eligible communities for the construction and

improvement of treatment works for wastewater treatment, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 5 (legislative day, JUNE 30), 1993

Mr. DECONCINI (for himself, Mr. DOMENICI, and Mr. BINGAMAN) introduced

the following bill; which was read twice and referred to the Committee

on Environment and Public Works

A BILL

To provide for assistance to eligible communities for the

construction and improvement of treatment works for

wastewater treatment, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Colonia Assistance Au5 thorization Act of 1993’’.

6 SEC. 2. PURPOSE.

7 The purpose of this Act is to protect the economy,

8 public health, environment, and water quality of the

9 United States-Mexico border area that is endangered and
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1 is being polluted by raw or partially treated sewage, efflu2 ent, and other pollutants.

3 SEC. 3. DEFINITIONS.

4 As used in this Act:

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Environ7 mental Protection Agency.

8 (2) BORDER STATE.—The term ‘‘border State’’

9 means each of the following States:

10 (A) Arizona.

11 (B) California.

12 (C) New Mexico.

13 (D) Texas.

14 (3) CONSTRUCTION.—The term ‘‘construction’’

15 has the meaning provided the term under section

16 212(1) of the Federal Water Pollution Control Act

17 (33 U.S.C. 1292(1)).

18 (4) ELIGIBLE COMMUNITY.—The term ‘‘eligible

19 community’’ means a low-income community com20 monly referred to as a colonia that is located in the

21 United States-Mexico border area (generally in an

22 unincorporated area) and that lacks basic sanitation

23 facilities such as safe drinking water, household

24 plumbing, and a proper sewage disposal system.
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1 (5) TREATMENT WORKS.—The term ‘‘treatment

2 works’’ has the meaning provided the term under

3 section 212(2) of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1292(2)).

5 SEC. 4. TRANSFERS AND GRANTS TO ALLEVIATE HEALTH

6 RISK.

7 (a) IN GENERAL.—

8 (1) ASSISTANCE.—The Administrator is author9 ized to transfer funds to another Federal agency or

10 award grants to any other appropriate entity or bor11 der State, designated by the President, to provide

12 assistance to eligible communities for—

13 (A) the conservation, development, use,

14 and control of water (including the extension or

15 improvement of a water supply system); and

16 (B) the construction or improvement of

17 sewers, wastewater treatment works, and essen18 tial community facilities (including necessary

19 related equipment).

20 (2) USE OF FUNDS.—Each transfer of funds,

21 and each grant awarded, pursuant to paragraph (1)

22 shall be used to provide assistance to 1 (or more) el23 igible community with respect to which the residents

24 are subject to a significant health risk (as deter25 mined by the Administrator) because a significant
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1 proportion of the residents of the eligible community

2 do not have access to, or service by, an adequate and

3 affordable—

4 (A) water supply system; or

5 (B) treatment works for wastewater treat6 ment.

7 (b) OPERATION AND MAINTENANCE.—To carry out

8 the purpose referred to in section 2, the Administrator and

9 the head of each other Federal agency, entity, or border

10 State, designated by the President pursuant to subsection

11 (a)(1), are each authorized to operate and maintain a

12 treatment works or other project that is constructed with

13 funds made available pursuant to subsection (a).

14 (c) APPROVAL OF PLANS.—

15 (1) PLANS AND SPECIFICATIONS.—Each treat16 ment works or other project that is funded by a

17 transfer or a grant made pursuant to subsection

18 (a)(1) shall be constructed in accordance with plans

19 and specifications developed by the Administrator or

20 the head of another Federal agency or the appro21 priate official of an entity or border State designated

22 by the President under subsection (a), in consulta23 tion with the appropriate official of the affected bor24 der State.
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1 (2) APPROVAL BY THE ADMINISTRATOR.—As a

2 condition of carrying out the construction of a treat3 ment works or other project referred in paragraph

4 (1), the head of the Federal agency or appropriate

5 official of an entity or border State shall submit the

6 plans and specifications referred to in paragraph (1)

7 to the Administrator for approval.

8 (3) STANDARDS FOR CONSTRUCTION.—The Ad9 ministrator may approve a plan referred to in para10 graph (2) if the Administrator determines that the

11 treatment works or other project that is the subject

12 of the plan meets the standards that would apply to

13 the treatment works or other project if the treat14 ment works or other project were constructed under

15 appropriate standards under the laws of the United

16 States and Mexico under applicable treaties and

17 international agreements.

18 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated to the Envi20 ronmental Protection Agency to carry out this Act such

21 sums as may be necessary for fiscal year 1994, and for

22 each fiscal year thereafter.

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