[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3167 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3167
To amend the Federal Water Pollution Control Act to modify certain
allotments under that Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2023
Mr. Waltz (for himself, Mr. Buchanan, Ms. Salazar, Mr. Diaz-Balart,
Mrs. Luna, Mr. Webster of Florida, and Mr. Rutherford) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to modify certain
allotments under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Allotment Modernization
Act of 2023''.
SEC. 2. MODIFICATION TO ALLOTMENTS UNDER THE FEDERAL WATER POLLUTION
CONTROL ACT.
(a) In General.--Section 205 of the Federal Water Pollution Control
Act (33 U.S.C. 1285) is amended by striking the section designation and
heading and all that follows through the end of subsection (a) and
inserting the following:
``SEC. 205. ALLOTMENTS.
``(a) In General.--
``(1) Definitions.--In this subsection:
``(A) Buy american oversight.--The term `Buy
American oversight' means any activity carried out by
the Administrator for the purposes of management or
oversight with respect to section 608.
``(B) Clean watersheds needs survey.--The term
`clean watersheds needs survey' means the detailed
estimate prepared by the Administrator under section
516(b)(1)(B).
``(C) State.--The term `State' means--
``(i) each of the 50 States;
``(ii) the District of Columbia; and
``(iii) the Commonwealth of Puerto Rico.
``(D) United states territory.--The term `United
States territory' means--
``(i) American Samoa;
``(ii) the Commonwealth of the Northern
Mariana Islands;
``(iii) the United States Virgin Islands;
and
``(iv) Guam.
``(2) Fiscal years 2024 through 2028.--
``(A) Buy american oversight.--For each of fiscal
years 2024 through 2028, of the amounts made available
to carry out this section for a fiscal year, the
Administrator shall provide an allotment of not less
than 0.1 percent for Buy American oversight.
``(B) Initial allotments to states.--For each of
fiscal years 2024 through 2028, of the amounts made
available to carry out this section for a fiscal year,
the Administrator shall provide an allotment to each
State in an amount that is not less than the amount
received by the State under this section in fiscal year
2023 under the Consolidated Appropriations Act, 2023
(Public Law 117-328).
``(C) Additional allotments to states.--
Notwithstanding any other provision of this section,
for each of fiscal years 2024 through 2028, of the
amounts made available to carry out this section for a
fiscal year that remain available after application of
subparagraph (B), the Administrator shall provide an
additional allotment to each State in an amount that is
based on the proportion that, as determined using the
most recently published annual estimate of the Bureau
of the Census--
``(i) the population of the State; bears to
``(ii) the total population of all States.
``(D) Allotments to indian tribes.--For each of
fiscal years 2024 through 2028, of the amounts made
available to carry out this section for a fiscal year,
the Administrator shall provide an allotment of 2
percent to Indian tribes.
``(E) Allotments to united states territories.--For
each of fiscal years 2024 through 2028, of the amounts
made available to carry out this section for a fiscal
year, the Administrator shall provide an allotment of
1.5 percent to United States territories.
``(3) Subsequent fiscal years.--
``(A) In general.--For fiscal year 2029 and each
fiscal year thereafter, in allotting amounts made
available to carry out this section for a fiscal year,
the Administrator shall use an updated allotment
formula consistent with subparagraph (B).
``(B) Formula.--
``(i) Development.--The Administrator
shall, by regulation, develop a formula--
``(I) for the calculation of
allotments of amounts made available to
carry out this section for a fiscal
year to States in accordance with
clause (ii); and
``(II) that includes allotments of
amounts made available to carry out
this section for a fiscal year--
``(aa) to provide to Indian
tribes in accordance with
clause (iii);
``(bb) to provide to United
States territories in
accordance with clause (iv);
and
``(cc) for Buy American
oversight in accordance with
clause (v).
``(ii) Allotments for states.--In
developing the formula required under
subparagraph (A) for the allotments described
in clause (i)(I), the Administrator shall--
``(I) base the formula on the needs
of the States, as identified in the
most recently available clean
watersheds needs survey; and
``(II) ensure that each State
receives not less than 1 percent of the
amounts made available to carry out
this section for a fiscal year.
``(iii) Allotments for indian tribes.--In
developing the formula required under
subparagraph (A) for the allotments described
in clause (i)(II)(aa), the Administrator shall
provide 2 percent of the amounts made available
to carry out this section for a fiscal year to
Indian tribes.
``(iv) Allotments for united states
territories.--In developing the formula
required under subparagraph (A) for the
allotments described in clause (i)(II)(bb), the
Administrator shall provide 1.5 percent of the
amounts made available to carry out this
section for a fiscal year to United States
territories.
``(v) Buy american oversight.--In
developing the formula required under
subparagraph (A) for the allotments described
in clause (i)(II)(cc), the Administrator shall
ensure that 0.1 percent of the amounts made
available to carry out this section for a
fiscal year are used for Buy American
oversight.
``(C) Timeline.--
``(i) Initial formula.--The Administrator
shall develop the initial formula required
under subparagraph (A) by not later than
September 30, 2028, to ensure that the formula
is in effect for fiscal year 2029.
``(ii) Updates required.--After developing
the formula required under subparagraph (A) by
the date described in clause (i), the
Administrator shall update that formula by not
later than the date that is 1 year after the
date on which the Administrator submits a new
clean watersheds needs survey to Congress.
``(4) Savings provision.--To the extent practicable, the
Administrator shall continue developing the allotment formula
under paragraph (2) until the date on which the Administrator
submits to Congress a new clean watersheds needs survey for
purposes of the formula required under paragraph (3)(A).''.
(b) No Effect on Infrastructure Funds.--Nothing in this section or
an amendment made by this section affects--
(1) amounts made available to carry out section 205 of the
Federal Water Pollution Control Act (33 U.S.C. 1285) or title
VI of that Act (33 U.S.C. 1381 et seq.) under division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58; 135
Stat. 1350); or
(2) any allocations of those amounts.
SEC. 3. CLEAN WATERSHEDS NEEDS SURVEY.
Section 516(b) of the Federal Water Pollution Control Act (33
U.S.C. 1375(b)) is amended--
(1) by striking paragraph (2);
(2) in paragraph (1)--
(A) in the third sentence, by striking ``Whenever
the Administrator,'' and inserting the following:
``(3) Submission to congress.--Whenever the
Administrator,''; and
(B) in the second sentence, by striking ``The
Administrator shall'' and inserting the following:
``(2) Deadline.--The Administrator shall'';
(3) by striking the subsection designation and all that
follows through ``The Administrator,'' in paragraph (1) and
inserting the following:
``(b) Estimates; Studies; Analyses.--
``(1) In general.--The Administrator,''; and
(4) in paragraph (1) (as so amended)--
(A) by striking ``; and (D) a comprehensive'' and
inserting the following: ``; and
``(D) a comprehensive'';
(B) by striking ``(C) a comprehensive'' and
inserting the following:
``(C) a comprehensive'';
(C) by striking ``(B) a detailed estimate'' and all
that follows through ``in each of the States;'' and
inserting the following:
``(B) a detailed estimate, biennially revised, of
the cost of construction of all planned publicly owned
treatment works in each State, and all needed publicly
owned treatment works in each State, which shall
include a detailed estimate of--
``(i) the cost of construction for
rehabilitating or upgrading all existing
publicly owned treatment works (excluding any
pipe or other device or system for the
conveyance of wastewater) every 20 years,
including the cost of implementing measures
necessary to address the resilience and
sustainability of publicly owned treatment
works to manmade or natural disasters; and
``(ii) the cost of construction for
replacing 10 percent of existing publicly owned
pipes and other devices and systems for the
conveyance of wastewater to publicly owned
treatment works over the 20-year period
following the date of the estimate;''; and
(D) by striking ``shall make (A) a detailed
estimate'' and inserting the following: ``shall make--
``(A) a detailed estimate''.
SEC. 4. ADDITIONAL ELIGIBLE USE OF ALLOTTED FUNDS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) is amended by adding at the end the following:
``(k) Additional Eligible Use of Allotted Funds.--Notwithstanding
any other provision of this section, each fiscal year, a State may
reserve up to 0.5 percent of the amounts allotted to the State under
this title and section 205(m) for that fiscal year to carry out
activities necessary to create the detailed estimate under section
516(b)(1)(B).''.
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