I 
117TH CONGRESS 
1ST SESSION H. R. 5653 
To amend the Federal Water Pollution Control Act to modify certain 
allotments under that Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2021 
Mr. WALTZ (for himself, Mr. BROWN, Ms. SALAZAR, Mr. MAST, Mr. DIAZ- 
BALART, Mr. BUCHANAN, Mr. POSEY, Mrs. DEMINGS, and Mr. 
GIMENEZ) introduced the following bill; which was referred to the Com-
mittee 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 2021’’. 
SEC. 2. MODIFICATION TO ALLOTMENTS UNDER THE FED-
ERAL WATER POLLUTION CONTROL ACT. 
Section 205 of the Federal Water Pollution Control 
Act (33 U.S.C. 1285) is amended by striking the section 
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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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‘‘(iii) the United States Virgin Is-
lands; and 
‘‘(iv) Guam. 
‘‘(2) FISCAL YEARS 2022 THROUGH 2026.— 
‘‘(A) BUY
AMERICAN
OVERSIGHT.—For 
each of fiscal years 2022 through 2026, of the 
amounts made available to carry out this sec-
tion for a fiscal year, the Administrator shall 
provide an allotment of not less than 0.1 per-
cent for Buy American oversight. 
‘‘(B) INITIAL ALLOTMENTS TO STATES.— 
For each of fiscal years 2022 through 2026, 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 re-
ceived by the State under this section in fiscal 
year 2021. 
‘‘(C) 
ADDITIONAL
ALLOTMENTS
TO 
STATES.—Notwithstanding any other provision 
of this section, for each of fiscal years 2022 
through 2026, of the amounts made available to 
carry out this section for a fiscal year that re-
main available after application of subpara-
graph (B), the Administrator shall provide an 
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additional allotment to each State in an amount 
that is based on the proportion that, as deter-
mined 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 2022 through 2026, 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 2022 
through 2026, of the amounts made available to 
carry out this section for a fiscal year, the Ad-
ministrator shall provide an allotment of 1.5 
percent to United States territories. 
‘‘(3) SUBSEQUENT FISCAL YEARS.— 
‘‘(A) IN GENERAL.—For fiscal year 2027 
and each fiscal year thereafter, in allotting 
amounts made available to carry out this sec-
tion for a fiscal year, the Administrator shall 
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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, 2026, to ensure 
that the formula is in effect for fiscal year 
2027. 
‘‘(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).’’. 
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: 
‘‘(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.— 
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‘‘(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 
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 
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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’’. 
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 sec-
tion, each fiscal year, a State may reserve up to 0.5 per-
cent of the amounts allotted to the State under this title 
and section 205(m) for that fiscal year to carry out activi-
ties necessary to create the detailed estimate under section 
516(b)(1)(B).’’. 
Æ 
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