II 

118TH CONGRESS 

1ST SESSION S. 115 

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 

JANUARY 26, 2023 

Mr. RUBIO (for himself, Mr. KELLY, and Mr. SCOTT of Florida) 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 2023’’. 

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

8 (a) IN GENERAL.—Section 205 of the Federal Water 

9 Pollution Control Act (33 U.S.C. 1285) is amended by 

10 striking the section designation and heading and all that 


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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 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; 


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

3 ‘‘(iv) Guam. 

4 ‘‘(2) FISCAL YEARS 2024 THROUGH 2028.— 

5 ‘‘(A) BUY AMERICAN OVERSIGHT.—For 

6 each of fiscal years 2024 through 2028, 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 2024 through 2028, 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 2023 under the Consolidated Appropria19 tions Act, 2023 (Public Law 117–328). 

20 ‘‘(C) ADDITIONAL ALLOTMENTS TO

21 STATES.—Notwithstanding any other provision 

22 of this section, for each of fiscal years 2024 

23 through 2028, of the amounts made available to 

24 carry out this section for a fiscal year that re25 main available after application of subparaVerDate Sep 11 2014 00:22 Feb 03, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S115.IS S115

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1 graph (B), the Administrator shall provide an 

2 additional allotment to each State in an amount 

3 that is based on the proportion that, as deter4 mined using the most recently published annual 

5 estimate of the Bureau of the Census— 

6 ‘‘(i) the population of the State; bears 

7 to 

8 ‘‘(ii) the total population of all States. 

9 ‘‘(D) ALLOTMENTS TO INDIAN TRIBES.— 

10 For each of fiscal years 2024 through 2028, of 

11 the amounts made available to carry out this 

12 section for a fiscal year, the Administrator shall 

13 provide an allotment of 2 percent to Indian 

14 tribes. 

15 ‘‘(E) ALLOTMENTS TO UNITED STATES

16 TERRITORIES.—For each of fiscal years 2024 

17 through 2028, of the amounts made available to 

18 carry out this section for a fiscal year, the Ad19 ministrator shall provide an allotment of 1.5 

20 percent to United States territories. 

21 ‘‘(3) SUBSEQUENT FISCAL YEARS.— 

22 ‘‘(A) IN GENERAL.—For fiscal year 2029 

23 and each fiscal year thereafter, in allotting 

24 amounts made available to carry out this sec25 tion for a fiscal year, the Administrator shall 


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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 00:22 Feb 03, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S115.IS S115

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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 


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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, 2028, to ensure 

16 that the formula is in effect for fiscal year 

17 2029. 

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. 


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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 (b) NO EFFECT ON INFRASTRUCTURE FUNDS.— 

9 Nothing in this section or an amendment made by this 

10 section affects— 

11 (1) amounts made available to carry out section 

12 205 of the Federal Water Pollution Control Act (33 

13 U.S.C. 1285) or title VI of that Act (33 U.S.C. 

14 1381 et seq.) under division J of the Infrastructure 

15 Investment and Jobs Act (Public Law 117–58; 135 

16 Stat. 1350); or 

17 (2) any allocations of those amounts. 

18 SEC. 3. CLEAN WATERSHEDS NEEDS SURVEY. 

19 Section 516(b) of the Federal Water Pollution Con20 trol Act (33 U.S.C. 1375(b)) is amended— 

21 (1) by striking paragraph (2); 

22 (2) in paragraph (1)— 

23 (A) in the third sentence, by striking 

24 ‘‘Whenever the Administrator,’’ and inserting 

25 the following: 


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

2 the Administrator,’’; and 

3 (B) in the second sentence, by striking 

4 ‘‘The Administrator shall’’ and inserting the 

5 following: 

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

7 (3) by striking the subsection designation and 

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

9 paragraph (1) and inserting the following: 

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

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

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

13 (A) by striking ‘‘; and (D) a comprehen14 sive’’ and inserting the following: ‘‘; and 

15 ‘‘(D) a comprehensive’’; 

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

17 inserting the following: 

18 ‘‘(C) a comprehensive’’; 

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

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

21 States;’’ and inserting the following: 

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

23 of the cost of construction of all planned pub24 licly owned treatment works in each State, and 

25 all needed publicly owned treatment works in 


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1 each State, which shall include a detailed esti2 mate of— 

3 ‘‘(i) the cost of construction for reha4 bilitating or upgrading all existing publicly 

5 owned treatment works (excluding any pipe 

6 or other device or system for the convey7 ance of wastewater) every 20 years, includ8 ing the cost of implementing measures nec9 essary to address the resilience and sus10 tainability of publicly owned treatment 

11 works to manmade or natural disasters; 

12 and 

13 ‘‘(ii) the cost of construction for re14 placing 10 percent of existing publicly 

15 owned pipes and other devices and systems 

16 for the conveyance of wastewater to pub17 licly owned treatment works over the 20- 

18 year period following the date of the esti19 mate;’’; and 

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

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

22 make— 

23 ‘‘(A) a detailed estimate’’. 


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

2 Section 603 of the Federal Water Pollution Control 

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

4 the following: 

5 ‘‘(k) ADDITIONAL ELIGIBLE USE OF ALLOTTED

6 FUNDS.—Notwithstanding any other provision of this sec7 tion, each fiscal year, a State may reserve up to 0.5 per8 cent of the amounts allotted to the State under this title 

9 and section 205(m) for that fiscal year to carry out activi10 ties necessary to create the detailed estimate under section 

11 516(b)(1)(B).’’. 

Æ 


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