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-
tives 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 FED-
ERAL WATER POLLUTION CONTROL ACT. 
(a) IN GENERAL.—Section 205 of the Federal Water 
Pollution Control Act (33 U.S.C. 1285) is amended by 
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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 ac-
tivity carried out by the Administrator for the 
purposes of management or oversight with re-
spect to section 608. 
‘‘(B) CLEAN
WATERSHEDS
NEEDS
SUR-
VEY.—The term ‘clean watersheds needs sur-
vey’ 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 North-
ern Mariana Islands; 
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use an updated allotment formula consistent 
with subparagraph (B). 
‘‘(B) FORMULA.— 
‘‘(i) DEVELOPMENT.—The Adminis-
trator shall, by regulation, develop a for-
mula— 
‘‘(I) for the calculation of allot-
ments 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 sub-
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paragraph (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 wa-
tersheds needs survey; and 
‘‘(II) ensure that each State re-
ceives 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 re-
quired under subparagraph (A) for the al-
lotments 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 
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to carry out this section for a fiscal year 
to United States territories. 
‘‘(v) BUY AMERICAN OVERSIGHT.—In 
developing the formula required under sub-
paragraph (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 Admin-
istrator shall develop the initial formula re-
quired 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 de-
veloping the formula required under sub-
paragraph (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 water-
sheds needs survey to Congress. 
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‘‘(4) SAVINGS PROVISION.—To the extent prac-
ticable, the Administrator shall continue developing 
the allotment formula under paragraph (2) until the 
date on which the Administrator submits to Con-
gress a new clean watersheds needs survey for pur-
poses 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 Con-
trol 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: 
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‘‘(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 comprehen-
sive’’ 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 pub-
licly owned treatment works in each State, and 
all needed publicly owned treatment works in 
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each State, which shall include a detailed esti-
mate of— 
‘‘(i) the cost of construction for reha-
bilitating or upgrading all existing publicly 
owned treatment works (excluding any pipe 
or other device or system for the convey-
ance of wastewater) every 20 years, includ-
ing the cost of implementing measures nec-
essary to address the resilience and sus-
tainability of publicly owned treatment 
works to manmade or natural disasters; 
and 
‘‘(ii) the cost of construction for re-
placing 10 percent of existing publicly 
owned pipes and other devices and systems 
for the conveyance of wastewater to pub-
licly owned treatment works over the 20- 
year period following the date of the esti-
mate;’’; and 
(D) by striking ‘‘shall make (A) a detailed 
estimate’’ and inserting the following: ‘‘shall 
make— 
‘‘(A) a detailed estimate’’. 
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