104 STAT. 4396 PUBLIC LAW 101-625—NOV. 28, 1990 42 USC 5306 SEC. 916. CDBG ASSISTANCE FOR UNITED STATES-MEXICO BORDER "°*® REGION. State listing. (a) SET-ASIDE FOR CoLONiAS. — The States of Arizona, California, New Mexico, and Texas shall each make available, for activities designed to meet the needs of the residents of colonias in the State relating to water, sewage, and housing, the following percentage of the amount allocated for the State under section 106(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)): (1) FIRST FISCAL YEAR. — For the first fiscal year to which this section applies, 10 percent. (2) SUCCEEDING FISCAL YEARS. —For each of the succeeding fiscal years to which this section applies, a percentage (not to exceed 10 percent) that is determined by the Secretary of Housing and Urban Development to be appropriate after consultation with representatives of the interests of the residents of colonias. (b) EuGiBLE ACTIVITIES.—Assistance distributed pursuant to this section may be used only to carry out the following activities: (1) PLANNING.— Pajmient of the cost of planning community development (including water and sewage facilities) and housing activities, including the cost of^ (A) the provision of information and technical assistance to residents of the area in which the activities are to be concentrated and to appropriate nonprofit organizations and public agencies acting on behalf of the residents; and (B) preliminary surveys and analyses of market needs, preliminary site engineering and architectural services, site options, applications, mortgage commitments, legal services, and obtaining construction loans. (2) ASSESSMENTS FOR PUBLIC IMPROVEMENTS. — The payment of assessments (including any charge made as a condition of obtaining access) levied against properties owned and occupied by persons of low and moderate income to recover the capital cost for a public improvement. (c) DISTRIBUTION OF ASSISTANCE.— Assistance shall be made available pursuant to this section in accordance with a distribution plan that gives priority to colonias having the greatest need for such assistance. (d) APPLICABLE LAW. —Except to the extent inconsistent with this section, assistance provided pursuant to this section shall be subject to the provisions of title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). (e) DEFINITIONS.—For purposes of this section: (1) CoLONiA.—The term "colonia" means any identifiable community that— (A) is in the State of Arizona, California, New Mexico, or Texas; (B) is in the United States-Mexico border region; (C) is designated by the State or county in which it is located as a colonia; (D) is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and
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