Clean Water Allotment Modernization Act of 2023

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Clean Water Allotment 4 Modernization Act of 2023’’. 5 SEC. 2. MODIFICATION TO ALLOTMENTS UNDER THE FED- 6 ERAL WATER POLLUTION CONTROL ACT. 7 (a) IN GENERAL.—Section 205 of the Federal Water 8 Pollution Control Act (33 U.S.C. 1285) is amended by 9 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3167.IH H3167 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3167 IH striking the section designation and heading and all that 1 follows through the end of subsection (a) and inserting 2 the following: 3 ‘‘SEC. 205. ALLOTMENTS. 4 ‘‘(a) IN GENERAL.— 5 ‘‘(1) DEFINITIONS.—In this subsection: 6 ‘‘(A) BUY AMERICAN OVERSIGHT.—The 7 term ‘Buy American oversight’ means any ac- 8 tivity carried out by the Administrator for the 9 purposes of management or oversight with re- 10 spect to section 608. 11 ‘‘(B) CLEAN WATERSHEDS NEEDS SUR- 12 VEY.—The term ‘clean watersheds needs sur- 13 vey’ means the detailed estimate prepared by 14 the Administrator under section 516(b)(1)(B). 15 ‘‘(C) STATE.—The term ‘State’ means— 16 ‘‘(i) each of the 50 States; 17 ‘‘(ii) the District of Columbia; and 18 ‘‘(iii) the Commonwealth of Puerto 19 Rico. 20 ‘‘(D) UNITED STATES TERRITORY.—The 21 term ‘United States territory’ means— 22 ‘‘(i) American Samoa; 23 ‘‘(ii) the Commonwealth of the North- 24 ern Mariana Islands; 25 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3167.IH H3167 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3167 IH ‘‘(iii) the United States Virgin Is- 1 lands; and 2 ‘‘(iv) Guam. 3 ‘‘(2) FISCAL YEARS 2024 THROUGH 2028.— 4 ‘‘(A) BUY AMERICAN OVERSIGHT.—For 5 each of fiscal years 2024 through 2028, of the 6 amounts made available to carry out this sec- 7 tion for a fiscal year, the Administrator shall 8 provide an allotment of not less than 0.1 per- 9 cent for Buy American oversight. 10 ‘‘(B) INITIAL ALLOTMENTS TO STATES.— 11 For each of fiscal years 2024 through 2028, of 12 the amounts made available to carry out this 13 section for a fiscal year, the Administrator shall 14 provide an allotment to each State in an 15 amount that is not less than the amount re- 16 ceived by the State under this section in fiscal 17 year 2023 under the Consolidated Appropria- 18 tions Act, 2023 (Public Law 117–328). 19 ‘‘(C) ADDITIONAL ALLOTMENTS TO 20 STATES.—Notwithstanding any other provision 21 of this section, for each of fiscal years 2024 22 through 2028, of the amounts made available to 23 carry out this section for a fiscal year that re- 24 main available after application of subpara- 25 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3167.IH H3167 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3167 IH graph (B), the Administrator shall provide an 1 additional allotment to each State in an amount 2 that is based on the proportion that, as deter- 3 mined using the most recently published annual 4 estimate of the Bureau of the Census— 5 ‘‘(i) the population of the State; bears 6 to 7 ‘‘(ii) the total population of all States. 8 ‘‘(D) ALLOTMENTS TO INDIAN TRIBES.— 9 For each of fiscal years 2024 through 2028, of 10 the amounts made available to carry out this 11 section for a fiscal year, the Administrator shall 12 provide an allotment of 2 percent to Indian 13 tribes. 14 ‘‘(E) ALLOTMENTS TO UNITED STATES 15 TERRITORIES.—For each of fiscal years 2024 16 through 2028, of the amounts made available to 17 carry out this section for a fiscal year, the Ad- 18 ministrator shall provide an allotment of 1.5 19 percent to United States territories. 20 ‘‘(3) SUBSEQUENT FISCAL YEARS.— 21 ‘‘(A) IN GENERAL.—For fiscal year 2029 22 and each fiscal year thereafter, in allotting 23 amounts made available to carry out this sec- 24 tion for a fiscal year, the Administrator shall 25 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3167.IH H3167 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3167 IH use an updated allotment formula consistent 1 with subparagraph (B). 2 ‘‘(B) FORMULA.— 3 ‘‘(i) DEVELOPMENT.—The Adminis- 4 trator shall, by regulation, develop a for- 5 mula— 6 ‘‘(I) for the calculation of allot- 7 ments of amounts made available to 8 carry out this section for a fiscal year 9 to States in accordance with clause 10 (ii); and 11 ‘‘(II) that includes allotments of 12 amounts made available to carry out 13 this section for a fiscal year— 14 ‘‘(aa) to provide to Indian 15 tribes in accordance with clause 16 (iii); 17 ‘‘(bb) to provide to United 18 States territories in accordance 19 with clause (iv); and 20 ‘‘(cc) for Buy American 21 oversight in accordance with 22 clause (v). 23 ‘‘(ii) ALLOTMENTS FOR STATES.—In 24 developing the formula required under sub- 25 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3167.IH H3167 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3167 IH paragraph (A) for the allotments described 1 in clause (i)(I), the Administrator shall— 2 ‘‘(I) base the formula on the 3 needs of the States, as identified in 4 the most recently available clean wa- 5 tersheds needs survey; and 6 ‘‘(II) ensure that each State re- 7 ceives not less than 1 percent of the 8 amounts made available to carry out 9 this section for a fiscal year. 10 ‘‘(iii) ALLOTMENTS FOR INDIAN 11 TRIBES.—In developing the formula re- 12 quired under subparagraph (A) for the al- 13 lotments described in clause (i)(II)(aa), the 14 Administrator shall provide 2 percent of 15 the amounts made available to carry out 16 this section for a fiscal year to Indian 17 tribes. 18 ‘‘(iv) ALLOTMENTS FOR UNITED 19 STATES TERRITORIES.—In developing the 20 formula required under subparagraph (A) 21 for the allotments described in clause 22 (i)(II)(bb), the Administrator shall provide 23 1.5 percent of the amounts made available 24 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3167.IH H3167 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3167 IH to carry out this section for a fiscal year 1 to United States territories. 2 ‘‘(v) BUY AMERICAN OVERSIGHT.—In 3 developing the formula required under sub- 4 paragraph (A) for the allotments described 5 in clause (i)(II)(cc), the Administrator 6 shall ensure that 0.1 percent of the 7 amounts made available to carry out this 8 section for a fiscal year are used for Buy 9 American oversight. 10 ‘‘(C) TIMELINE.— 11 ‘‘(i) INITIAL FORMULA.—The Admin- 12 istrator shall develop the initial formula re- 13 quired under subparagraph (A) by not 14 later than September 30, 2028, to ensure 15 that the formula is in effect for fiscal year 16 2029. 17 ‘‘(ii) UPDATES REQUIRED.—After de- 18 veloping the formula required under sub- 19 paragraph (A) by the date described in 20 clause (i), the Administrator shall update 21 that formula by not later than the date 22 that is 1 year after the date on which the 23 Administrator submits a new clean water- 24 sheds needs survey to Congress. 25 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3167.IH H3167 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3167 IH ‘‘(4) SAVINGS PROVISION.—To the extent prac- 1 ticable, the Administrator shall continue developing 2 the allotment formula under paragraph (2) until the 3 date on which the Administrator submits to Con- 4 gress a new clean watersheds needs survey for pur- 5 poses of the formula required under paragraph 6 (3)(A).’’. 7 (b) NO EFFECT ON INFRASTRUCTURE FUNDS.— 8 Nothing in this section or an amendment made by this 9 section affects— 10 (1) amounts made available to carry out section 11 205 of the Federal Water Pollution Control Act (33 12 U.S.C. 1285) or title VI of that Act (33 U.S.C. 13 1381 et seq.) under division J of the Infrastructure 14 Investment and Jobs Act (Public Law 117–58; 135 15 Stat. 1350); or 16 (2) any allocations of those amounts. 17 SEC. 3. CLEAN WATERSHEDS NEEDS SURVEY. 18 Section 516(b) of the Federal Water Pollution Con- 19 trol Act (33 U.S.C. 1375(b)) is amended— 20 (1) by striking paragraph (2); 21 (2) in paragraph (1)— 22 (A) in the third sentence, by striking 23 ‘‘Whenever the Administrator,’’ and inserting 24 the following: 25 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3167.IH H3167 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3167 IH ‘‘(3) SUBMISSION TO CONGRESS.—Whenever 1 the Administrator,’’; and 2 (B) in the second sentence, by striking 3 ‘‘The Administrator shall’’ and inserting the 4 following: 5 ‘‘(2) DEADLINE.—The Administrator shall’’; 6 (3) by striking the subsection designation and 7 all that follows through ‘‘The Administrator,’’ in 8 paragraph (1) and inserting the following: 9 ‘‘(b) ESTIMATES; STUDIES; ANALYSES.— 10 ‘‘(1) IN GENERAL.—The Administrator,’’; and 11 (4) in paragraph (1) (as so amended)— 12 (A) by striking ‘‘; and (D) a comprehen- 13 sive’’ and inserting the following: ‘‘; and 14 ‘‘(D) a comprehensive’’; 15 (B) by striking ‘‘(C) a comprehensive’’ and 16 inserting the following: 17 ‘‘(C) a comprehensive’’; 18 (C) by striking ‘‘(B) a detailed estimate’’ 19 and all that follows through ‘‘in each of the 20 States;’’ and inserting the following: 21 ‘‘(B) a detailed estimate, biennially revised, 22 of the cost of construction of all planned pub- 23 licly owned treatment works in each State, and 24 all needed publicly owned treatment works in 25 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3167.IH H3167 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3167 IH each State, which shall include a detailed esti- 1 mate of— 2 ‘‘(i) the cost of construction for reha- 3 bilitating or upgrading all existing publicly 4 owned treatment works (excluding any pipe 5 or other device or system for the convey- 6 ance of wastewater) every 20 years, includ- 7 ing the cost of implementing measures nec- 8 essary to address the resilience and sus- 9 tainability of publicly owned treatment 10 works to manmade or natural disasters; 11 and 12 ‘‘(ii) the cost of construction for re- 13 placing 10 percent of existing publicly 14 owned pipes and other devices and systems 15 for the conveyance of wastewater to pub- 16 licly owned treatment works over the 20- 17 year period following the date of the esti- 18 mate;’’; and 19 (D) by striking ‘‘shall make (A) a detailed 20 estimate’’ and inserting the following: ‘‘shall 21 make— 22 ‘‘(A) a detailed estimate’’. 23 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3167.IH H3167 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3167 IH SEC. 4. ADDITIONAL ELIGIBLE USE OF ALLOTTED FUNDS. 1 Section 603 of the Federal Water Pollution Control 2 Act (33 U.S.C. 1383) is amended by adding at the end 3 the following: 4 ‘‘(k) ADDITIONAL ELIGIBLE USE OF ALLOTTED 5 FUNDS.—Notwithstanding any other provision of this sec- 6 tion, each fiscal year, a State may reserve up to 0.5 per- 7 cent of the amounts allotted to the State under this title 8 and section 205(m) for that fiscal year to carry out activi- 9 ties necessary to create the detailed estimate under section 10 516(b)(1)(B).’’. 11 Æ VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3167.IH H3167 kjohnson on DSK79L0C42PROD with BILLS