S. 5016

117 S5016 IS: Clean Water Allotment Modernization Act of 2026
 U.S. Senate
 2026-07-16
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 II  119th CONGRESS  2d Session  S. 5016  IN THE SENATE OF THE UNITED STATES   July 16, 2026   Mr. Scott of Florida  (for himself,  Mr. Kelly ,  Mr. Curtis ,  Mr. Bennet ,  Mr. Crapo ,  Mr. Ossoff ,  Mr. Warnock , and  Mr. Gallego ) 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 allotments under that Act, and for other purposes.
1.
Short title
This Act may be cited as the   Clean Water Allotment Modernization Act of 2026  .
2.
Modification to allotments under the Federal Water Pollution Control Act
(a)
In general
Section 205 of the Federal Water Pollution Control Act ( 33 U.S.C. 1285 ) is amended by striking the section designation and heading and all that follows through the end of subsection (c) and inserting the following:
205.
Allotments
(a)
Definitions
In this section:
(1)
Buy American oversight
The term  Buy American oversight  means any activity carried out by the Administrator for the purposes of management or oversight with respect to section 608.
(2)
Clean watersheds needs survey
The term  clean watersheds needs survey  means the assessment prepared by the Administrator under section 609.
(3)
State
The term  State  means—
(A)
each of the 50 States;
(B)
the District of Columbia; and
(C)
the Commonwealth of Puerto Rico.
(4)
United States territory
The term  United States territory  means—
(A)
American Samoa;
(B)
the Commonwealth of the Northern Mariana Islands;
(C)
the United States Virgin Islands; and
(D)
Guam.
(b)
Set asides
Before making an allotment to States under subsection (c), of the amounts made available from appropriation to carry out this section for a fiscal year, the Administrator shall set aside the following:
(1)
Buy American oversight
Not less than 0.1 percent to carry out Buy American oversight.
(2)
Allotments for Indian Tribes
Pursuant to section 518(c)(2), 2 percent for Indian tribes (as defined in section 518(h)) for the purposes described in section 518(c)(3).
(3)
Allotments for United States territories
1.5 percent for allotment to United States territories in an amount consistent with the allotment the United States territory received in fiscal year 2026.
(c)
Allotments to States
(1)
Formula
Beginning with the first fiscal year after the publication of the initial formula pursuant to paragraph (3)(A), of the amounts appropriated to carry out this section for a fiscal year that remain available after the set-asides required under subsection (b) and any other required set-asides, the Administrator shall allot to States—
(A)
60 percent based on the proportion that—
(i)
the needs of a State, as identified in the categories and associated proportions included in the most recent clean watersheds needs survey; bears to
(ii)
the needs of all States, as identified in that most recent clean watersheds needs survey;
(B)
20 percent based on the proportion that—
(i)
the population of a State, as identified in the most recent decennial census or American Community Survey 1-year estimate of population; bears to
(ii)
the population of all States, as identified in that most recent decennial census or American Community Survey 1-year estimate of population; and
(C)
20 percent based on the proportion that—
(i)
the share of the population of a State at or below 200 percent of the Federal poverty level, as identified in the most recent American Community Survey 1-year estimate of poverty; bears to
(ii)
the total of the share of the population of all States at or below 200 percent of the Federal poverty level, as identified in that most recent American Community Survey 1-year estimate of poverty.
(2)
Transition period
For the first fiscal year after the publication of the initial formula pursuant to paragraph (3)(A), and for each of the 3 subsequent fiscal years thereafter, the Administrator shall ensure that the allotment pursuant to paragraph (1) for each State does not, as compared to the amount allotted to the State during the immediately prior fiscal year—
(A)
increase by more than 200 percent; or
(B)
decrease by more than 25 percent.
(3)
Publication
(A)
Initial formula
The Administrator shall publish in the Federal Register the formula and allotment amounts pursuant to this subsection by not later than September 30 of the first fiscal year after the publication of the first clean watersheds needs survey after the date of enactment of the  Clean Water Allotment Modernization Act of 2026 .
(B)
Updates required
The Administrator shall publish annually in the Federal Register updates, as appropriate, to the allotments for each State based on the most recently released—
(i)
decennial census;
(ii)
American Community Survey 1-year estimates of population and poverty; and
(iii)
clean watersheds needs survey.
 .
(b)
Minimum allotments
Section 205(e) of the Federal Water Pollution Control Act ( 33 U.S.C. 1285(e) ) is amended by striking  (e) For  and all that follows through  1990  in the first sentence and inserting the following:
(e)
Minimum allotment; additional appropriations; ratio of amount available
For fiscal year 2027 and each fiscal year thereafter
 .
(c)
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.
3.
Clean watersheds needs survey
Section 516 of the Federal Water Pollution Control Act ( 33 U.S.C. 1375 ) is amended—
(1)
by striking subsection (b); and
(2)
by redesignating subsections (c) through (e) as subsections (b) through (d), respectively.
4.
Additional eligible use of capitalization grants
Section 603(k) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(k) ) is amended—
(1)
in the subsection heading, by striking
use   and inserting
uses  ;
(2)
by striking  A State may  and inserting the following:
(1)
Technical assistance
A State may
 ; and
(3)
by adding at the end the following:
(2)
Clean watersheds needs surveys
Notwithstanding any other provision of this section, of the amounts received by a State through a capitalization grant with funds made available under this title and section 205(m) each fiscal year, a State may use not more than 0.5 percent to carry out activities necessary for the assessment under section 609.
 .