II 

113TH CONGRESS 

2D SESSION S. 2558 

To require the Administrator of the Environmental Protection Agency to 

revise the definition of the term ‘‘colonia’’, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2014 

Mr. UDALL of New Mexico (for himself and Mr. HEINRICH) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To require the Administrator of the Environmental Protection Agency to revise the definition of the term 

‘‘colonia’’, 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 ‘‘Colonias Improvement 

5 Act of 2014’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) COVERED PROGRAM.—The term ‘‘covered 

5 program’’ means— 

6 (A) water and waste facility loans and 

7 grants under section 306C of the Consolidated 

8 Farm and Rural Development Act (7 U.S.C. 

9 1926c); 

10 (B) wastewater assistance to colonias 

11 under section 307 of the Safe Drinking Water 

12 Act Amendments of 1996 (33 U.S.C. 1281 

13 note; Public Law 104–182); 

14 (C) drinking water assistance to colonias 

15 under section 1456 of the Public Health Service 

16 Act (42 U.S.C. 300j–16); 

17 (D) housing assistance under section 

18 509(f) of the Housing Act of 1949 (42 U.S.C. 

19 1479(f)); 

20 (E) community development block grant 

21 assistance under section 916 of the Cranston– 

22 Gonzalez National Affordable Housing Act (42 

23 U.S.C. 5306 note; Public Law 101–625); 


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1 (F) assistance under section 108 of the 

2 Housing and Community Development Act of 

3 1974 (42 U.S.C. 5308); and 

4 (G) any other program of the Environ5 mental Protection Agency, the Department of 

6 Housing and Urban Development, or the De7 partment of Agriculture that specifically in8 cludes assistance for colonias, as determined by 

9 the Administrator. 

10 SEC. 3. REVISED DEFINITION. 

11 (a) REVISED DEFINITION REQUIRED.—Not later 

12 than 180 days after the date of enactment of this Act, 

13 the Administrator, in consultation with the Secretary of 

14 Housing and Urban Development and the Secretary of 

15 Agriculture, shall issue a proposed rule containing a defi16 nition of the term ‘‘colonia’’ that— 

17 (1) is the same for each covered program, to 

18 the extent consistent with the provisions of law de19 scribed in subparagraphs (A) through (F) of section 

20 2(2) and the requirements of any program described 

21 in subparagraph (G) of such section 2(2); 

22 (2) is limited to a community that— 

23 (A) is located within 75 miles of the border 

24 between the United States and Mexico; or 


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1 (B) has applied for or received funding 

2 under a covered program before the date of en3 actment of this Act; 

4 (3) reflects and preserves the historic, geo5 graphic, and cultural character of the communities 

6 served by the covered programs; and 

7 (4) may be used to determine whether an appli8 cant qualifies for assistance under any covered pro9 gram. 

10 (b) EXEMPTIONS.—The rule issued under subsection 

11 (a) may include a process by which the Administrator may 

12 request a limited exemption from the application of the 

13 revised definition to a covered program. 

14 (c) FINAL RULE.—The Administrator shall ensure 

15 that the final rule under subsection (a) takes effect not 

16 later than 1 year after the date of enactment of this Act. 

17 SEC. 4. WEBPAGE. 

18 The Administrator, the Secretary of Housing and 

19 Urban Development, and the Secretary of Agriculture 

20 shall establish and regularly update a webpage that— 

21 (1) serves as a clearinghouse for information re22 lating to the covered programs; and 

23 (2) includes links to information specific to each 

24 State in which a covered program operates, includ25 ing local contact information. 


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1 SEC. 5. WORKING GROUP. 

2 (a) ESTABLISHMENT.—The Administrator shall es3 tablish a working group that includes the Secretary of 

4 Housing and Urban Development and the Secretary of 

5 Agriculture— 

6 (1) to review covered programs; 

7 (2) to record information relating to each award 

8 that is and has been made under a covered program; 

9 (3) to hold public hearings relating to covered 

10 programs; and 

11 (4) to make recommendations to Congress for 

12 improvements to covered programs, including im13 provements— 

14 (A) that address the economic and social 

15 development of colonias; and 

16 (B) to the application process for covered 

17 programs. 

18 (b) REPORT.—Not later than 18 months after the 

19 date of enactment of this Act, the Administrator shall sub20 mit to Congress a report that includes— 

21 (1) the results of the review under subsection 

22 (a)(1); 

23 (2) a summary of the information recorded 

24 under subsection (a)(2); 

25 (3) the recommendations under subsection 

26 (a)(3); 


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1 (4) a plan to include transportation planning 

2 and health considerations in covered programs; 

3 (5) a survey of needs that are not met by cov4 ered programs; 

5 (6) a plan to develop key indicators for living 

6 standards in communities served by covered pro7 grams, including health, education, and housing con8 ditions; 

9 (7) proposed metrics for tracking the success of 

10 covered programs and identifying areas for the im11 provement of covered programs; and 

12 (8) any other applicable information, as deter13 mined by the Administrator. 

14 SEC. 6. CULTURAL SENSITIVITY. 

15 The Administrator, and any person working with the 

16 Administrator to carry out a covered program, shall make 

17 every effort— 

18 (1) to carry out this Act in a manner that is 

19 sensitive to the cultural and regional differences 

20 among communities served by covered programs; 

21 and 

22 (2) to work with local organizations that carry 

23 out activities in communities served by covered pro24 grams. 

Æ 


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