II 

117TH CONGRESS 

1ST SESSION S. 3031 

To amend the Federal Water Pollution Control Act to modify certain 

allotments under that Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2021 

Mr. RUBIO (for himself, Mr. KELLY, Mr. SCOTT of Florida, and Mr. BURR) 

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

Committee on Environment and Public Works 

A BILL 

To amend the Federal Water Pollution Control Act to modify 

certain allotments under that Act, 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 ‘‘Clean Water Allotment 

5 Modernization Act of 2021’’. 

6 SEC. 2. MODIFICATION TO ALLOTMENTS UNDER THE FED7 ERAL WATER POLLUTION CONTROL ACT. 

8 Section 205 of the Federal Water Pollution Control 

9 Act (33 U.S.C. 1285) is amended by striking the section 


lotter on DSK11XQN23PROD with BILLS
2 

•S 3031 IS

1 designation and heading and all that follows through the 

2 end of subsection (a) and inserting 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 ac8 tivity carried out by the Administrator for the 

9 purposes of management or oversight with re10 spect to section 608. 

11 ‘‘(B) CLEAN WATERSHEDS NEEDS SUR12 VEY.—The term ‘clean watersheds needs sur13 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 North24 ern Mariana Islands; 


lotter on DSK11XQN23PROD with BILLS
3 

•S 3031 IS

1 ‘‘(iii) the United States Virgin Is2 lands; and 

3 ‘‘(iv) Guam. 

4 ‘‘(2) FISCAL YEARS 2022 THROUGH 2026.— 

5 ‘‘(A) BUY AMERICAN OVERSIGHT.—For 

6 each of fiscal years 2022 through 2026, of the 

7 amounts made available to carry out this sec8 tion for a fiscal year, the Administrator shall 

9 provide an allotment of not less than 0.1 per10 cent for Buy American oversight. 

11 ‘‘(B) INITIAL ALLOTMENTS TO STATES.— 

12 For each of fiscal years 2022 through 2026, of 

13 the amounts made available to carry out this 

14 section for a fiscal year, the Administrator shall 

15 provide an allotment to each State in an 

16 amount that is not less than the amount re17 ceived by the State under this section in fiscal 

18 year 2021. 

19 ‘‘(C) ADDITIONAL ALLOTMENTS TO

20 STATES.—Notwithstanding any other provision 

21 of this section, for each of fiscal years 2022 

22 through 2026, of the amounts made available to 

23 carry out this section for a fiscal year that re24 main available after application of subpara25 graph (B), the Administrator shall provide an 


lotter on DSK11XQN23PROD with BILLS
4 

•S 3031 IS

1 additional allotment to each State in an amount 

2 that is based on the proportion that, as deter3 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 2022 through 2026, 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 2022 

16 through 2026, of the amounts made available to 

17 carry out this section for a fiscal year, the Ad18 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 2027 

22 and each fiscal year thereafter, in allotting 

23 amounts made available to carry out this sec24 tion for a fiscal year, the Administrator shall 


lotter on DSK11XQN23PROD with BILLS
5 

•S 3031 IS

1 use an updated allotment formula consistent 

2 with subparagraph (B). 

3 ‘‘(B) FORMULA.— 

4 ‘‘(i) DEVELOPMENT.—The Adminis5 trator shall, by regulation, develop a for6 mula— 

7 ‘‘(I) for the calculation of allot8 ments of amounts made available to 

9 carry out this section for a fiscal year 

10 to States in accordance with clause 

11 (ii); and 

12 ‘‘(II) that includes allotments of 

13 amounts made available to carry out 

14 this section for a fiscal year— 

15 ‘‘(aa) to provide to Indian 

16 tribes in accordance with clause 

17 (iii); 

18 ‘‘(bb) to provide to United 

19 States territories in accordance 

20 with clause (iv); and 

21 ‘‘(cc) for Buy American 

22 oversight in accordance with 

23 clause (v). 

24 ‘‘(ii) ALLOTMENTS FOR STATES.—In 

25 developing the formula required under subVerDate Sep 11 2014 04:05 Oct 23, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3031.IS S3031

lotter on DSK11XQN23PROD with BILLS
6 

•S 3031 IS

1 paragraph (A) for the allotments described 

2 in clause (i)(I), the Administrator shall— 

3 ‘‘(I) base the formula on the 

4 needs of the States, as identified in 

5 the most recently available clean wa6 tersheds needs survey; and 

7 ‘‘(II) ensure that each State re8 ceives not less than 1 percent of the 

9 amounts made available to carry out 

10 this section for a fiscal year. 

11 ‘‘(iii) ALLOTMENTS FOR INDIAN

12 TRIBES.—In developing the formula re13 quired under subparagraph (A) for the al14 lotments described in clause (i)(II)(aa), the 

15 Administrator shall provide 2 percent of 

16 the amounts made available to carry out 

17 this section for a fiscal year to Indian 

18 tribes. 

19 ‘‘(iv) ALLOTMENTS FOR UNITED

20 STATES TERRITORIES.—In developing the 

21 formula required under subparagraph (A) 

22 for the allotments described in clause 

23 (i)(II)(bb), the Administrator shall provide 

24 1.5 percent of the amounts made available 


lotter on DSK11XQN23PROD with BILLS
7 

•S 3031 IS

1 to carry out this section for a fiscal year 

2 to United States territories. 

3 ‘‘(v) BUY AMERICAN OVERSIGHT.—In 

4 developing the formula required under sub5 paragraph (A) for the allotments described 

6 in clause (i)(II)(cc), the Administrator 

7 shall ensure that 0.1 percent of the 

8 amounts made available to carry out this 

9 section for a fiscal year are used for Buy 

10 American oversight. 

11 ‘‘(C) TIMELINE.— 

12 ‘‘(i) INITIAL FORMULA.—The Admin13 istrator shall develop the initial formula re14 quired under subparagraph (A) by not 

15 later than September 30, 2026, to ensure 

16 that the formula is in effect for fiscal year 

17 2027. 

18 ‘‘(ii) UPDATES REQUIRED.—After de19 veloping the formula required under sub20 paragraph (A) by the date described in 

21 clause (i), the Administrator shall update 

22 that formula by not later than the date 

23 that is 1 year after the date on which the 

24 Administrator submits a new clean water25 sheds needs survey to Congress. 


lotter on DSK11XQN23PROD with BILLS
8 

•S 3031 IS

1 ‘‘(4) SAVINGS PROVISION.—To the extent prac2 ticable, the Administrator shall continue developing 

3 the allotment formula under paragraph (2) until the 

4 date on which the Administrator submits to Con5 gress a new clean watersheds needs survey for pur6 poses of the formula required under paragraph 

7 (3)(A).’’. 

8 SEC. 3. CLEAN WATERSHEDS NEEDS SURVEY. 

9 Section 516(b) of the Federal Water Pollution Con10 trol Act (33 U.S.C. 1375(b)) is amended— 

11 (1) by striking paragraph (2); 

12 (2) in paragraph (1)— 

13 (A) in the third sentence, by striking 

14 ‘‘Whenever the Administrator,’’ and inserting 

15 the following: 

16 ‘‘(3) SUBMISSION TO CONGRESS.—Whenever 

17 the Administrator,’’; and 

18 (B) in the second sentence, by striking 

19 ‘‘The Administrator shall’’ and inserting the 

20 following: 

21 ‘‘(2) DEADLINE.—The Administrator shall’’; 

22 (3) by striking the subsection designation and 

23 all that follows through ‘‘The Administrator,’’ in 

24 paragraph (1) and inserting the following: 

25 ‘‘(b) ESTIMATES; STUDIES; ANALYSES.— 


lotter on DSK11XQN23PROD with BILLS
9 

•S 3031 IS

1 ‘‘(1) IN GENERAL.—The Administrator,’’; and 

2 (4) in paragraph (1) (as so amended)— 

3 (A) by striking ‘‘; and (D) a comprehen4 sive’’ and inserting the following: ‘‘; and 

5 ‘‘(D) a comprehensive’’; 

6 (B) by striking ‘‘(C) a comprehensive’’ and 

7 inserting the following: 

8 ‘‘(C) a comprehensive’’; 

9 (C) by striking ‘‘(B) a detailed estimate’’ 

10 and all that follows through ‘‘in each of the 

11 States;’’ and inserting the following: 

12 ‘‘(B) a detailed estimate, biennially revised, 

13 of the cost of construction of all planned pub14 licly owned treatment works in each State, and 

15 all needed publicly owned treatment works in 

16 each State, which shall include a detailed esti17 mate of— 

18 ‘‘(i) the cost of construction for reha19 bilitating or upgrading all existing publicly 

20 owned treatment works (excluding any pipe 

21 or other device or system for the convey22 ance of wastewater) every 20 years, includ23 ing the cost of implementing measures nec24 essary to address the resilience and sus25 tainability of publicly owned treatment 


lotter on DSK11XQN23PROD with BILLS
10 

•S 3031 IS

1 works to manmade or natural disasters; 

2 and 

3 ‘‘(ii) the cost of construction for re4 placing 10 percent of existing publicly 

5 owned pipes and other devices and systems 

6 for the conveyance of wastewater to pub7 licly owned treatment works over the 20- 

8 year period following the date of the esti9 mate;’’; and 

10 (D) by striking ‘‘shall make (A) a detailed 

11 estimate’’ and inserting the following: ‘‘shall 

12 make— 

13 ‘‘(A) a detailed estimate’’. 

14 SEC. 4. ADDITIONAL ELIGIBLE USE OF ALLOTTED FUNDS. 

15 Section 603 of the Federal Water Pollution Control 

16 Act (33 U.S.C. 1383) is amended by adding at the end 

17 the following: 

18 ‘‘(k) ADDITIONAL ELIGIBLE USE OF ALLOTTED

19 FUNDS.—Notwithstanding any other provision of this sec20 tion, each fiscal year, a State may reserve up to 0.5 per21 cent of the amounts allotted to the State under this title 

22 and section 205(m) for that fiscal year to carry out activi23 ties necessary to create the detailed estimate under section 

24 516(b)(1)(B).’’. 

Æ 


lotter on DSK11XQN23PROD with BILLS