[Congressional Record Volume 167, Number 73 (Wednesday, April 28, 2021)]
[Senate]
[Pages S2300-S2302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1471. Mr. RUBIO (for himself, Mr. Scott of Florida, Mr. Tillis, 
and Mr. Cruz) submitted an amendment intended to be proposed to 
amendment SA 1460 proposed by Mr. Carper (for himself and Mrs. Capito) 
to the bill S. 914, to amend the Safe Drinking Water Act and the 
Federal Water Pollution Control Act to reauthorize programs under those 
Acts, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of section 210 (relating to clean water State 
     revolving funds), add the following:
       (c) Federal Water Pollution Control Act Allotments.--
     Section 205 of the Federal Water Pollution Control Act (33 
     U.S.C. 1285) is amended--
       (1) by striking the section designation and heading and all 
     that follows through the end of subsection (a) and inserting 
     the following:

     ``SEC. 205. ALLOTMENTS.

       ``(a) Fiscal Years 2022 and Thereafter.--
       ``(1) Definitions.--In this subsection:
       ``(A) Buy american oversight.--The term `Buy American 
     oversight' means any activity carried out by the 
     Administrator for the management or oversight of the 
     requirements of section 608.
       ``(B) United states territory.--The term `United States 
     territory' means--
       ``(i) American Samoa;
       ``(ii) the Commonwealth of the Northern Mariana Islands;
       ``(iii) the United States Virgin Islands; and
       ``(iv) Guam.
       ``(2) Initial allotments.--
       ``(A) In general.--For each of fiscal years 2022 through 
     2025, of the amounts made available to carry out this section 
     for the fiscal year, the Administrator shall provide for each 
     of the 50 States, the District of Columbia, the Commonwealth 
     of Puerto Rico, any other territory or possession of the 
     United States, United States territories, Indian Tribes, and 
     Buy American oversight an allotment equal to not less than 
     the allotment described in the following table:


------------------------------------------------------------------------
                        ``Recipient                           Allotment
------------------------------------------------------------------------
Alabama....................................................        0.005
 Alaska....................................................        0.005
Arizona....................................................        0.005
Arkansas...................................................        0.005
California.................................................        0.005
Colorado...................................................        0.005
Connecticut................................................        0.005
Delaware...................................................        0.005
District of Columbia.......................................        0.005
Florida....................................................        0.005
Georgia....................................................        0.005
Hawaii.....................................................        0.005
Idaho......................................................        0.005
Illinois...................................................        0.005
Indiana....................................................        0.005
Iowa.......................................................        0.005
Kansas.....................................................        0.005
Kentucky...................................................        0.005
Louisiana..................................................        0.005
Maine......................................................        0.005
Maryland...................................................        0.005
Massachusetts..............................................        0.005
Michigan...................................................        0.005
Minnesota..................................................        0.005
Mississippi................................................        0.005
Missouri...................................................        0.005
Montana....................................................        0.005
Nebraska...................................................        0.005
Nevada.....................................................        0.005
New Hampshire..............................................        0.005
New Jersey.................................................        0.005
New Mexico.................................................        0.005
New York...................................................        0.005
North Carolina.............................................        0.005
North Dakota...............................................        0.005
Ohio.......................................................        0.005
Oklahoma...................................................        0.005
Oregon.....................................................        0.005
Pennsylvania...............................................        0.005
Puerto Rico................................................        0.005
Rhode Island...............................................        0.005
South Carolina.............................................        0.005
South Dakota...............................................        0.005
Tennessee..................................................        0.005
Texas......................................................        0.005
Utah.......................................................        0.005

[[Page S2301]]

 
Vermont....................................................        0.005
United States territories..................................        0.015
Virginia...................................................        0.005
Washington.................................................        0.005
West Virginia..............................................        0.005
Wisconsin..................................................        0.005
Wyoming....................................................        0.005
Indian Tribes..............................................       0.0025
Buy American oversight.....................................       0.001.
------------------------------------------------------------------------

       ``(B) Additional allotments to states, district of 
     columbia, and puerto rico.--Notwithstanding any other 
     provision of this section, for each of fiscal years 2022 
     through 2025, of the amounts made available to carry out this 
     section for the fiscal year remaining after all allotments 
     under subparagraph (A) are provided for that fiscal year, the 
     Administrator shall provide an additional allotment to each 
     of the 50 States, the District of Columbia, and the 
     Commonwealth of Puerto Rico in an amount based on the 
     proportion that, as determined in the most recently published 
     annual estimate of the Bureau of the Census--
       ``(i) the population of the State, District of Columbia, or 
     Commonwealth of Puerto Rico, respectively; bears to
       ``(ii) the total population of all States, the District of 
     Columbia, and the Commonwealth of Puerto Rico.
       ``(3) Allotment updates.--
       ``(A) In general.--For fiscal year 2026 and each fiscal 
     year thereafter, the Administrator shall use an updated 
     allotment formula for amounts made available to carry out 
     this section consistent with the formula developed pursuant 
     to subparagraph (B)--
       ``(i) by not later than September 30, 2025, to ensure 
     updated allotments are in effect for fiscal year 2026; and
       ``(ii) thereafter, by not later than 1 year after the date 
     of submission of any new clean watersheds needs survey and 
     associated data under section 516(b)(1)(B).
       ``(B) Formula.--
       ``(i) In general.--The Administrator shall develop, by 
     regulation, a formula for the calculation of allotments to 
     States, United States territories, and possessions of the 
     United States under this section, in accordance with clause 
     (ii).
       ``(ii) Requirements.--

       ``(I) Bases.--The formula under clause (i) shall be 
     developed based on--

       ``(aa) the State needs identified in the most recently 
     available clean watersheds needs survey prepared by the 
     Administrator under section 516(b)(1)(B);
       ``(bb) the State population results of the most recent 
     decennial census; and
       ``(cc) the most recently available water quality impairment 
     component ratio published by the Administrator for purposes 
     of this Act.

       ``(II) Weight.--In developing the formula under clause (i), 
     the Administrator shall give--

       ``(aa) 50 percent weight to the survey referred to in 
     subclause (I)(aa);
       ``(bb) 30 percent weight to the census referred to in 
     subclause (I)(bb); and
       ``(cc) 20 percent weight to the ratio referred to in 
     subclause (I)(cc).
       ``(4) Savings provision.--To the extent practicable, the 
     Administrator shall continue developing the allotment formula 
     under paragraph (2) until the date on which the Administrator 
     completes preparation of a new clean watersheds needs survey 
     under section 516(b)(1)(B) for purposes of the updated 
     formula under paragraph (3).'';
       (2) in subsection (g)(1), by striking ``shall not exceed 
     4'' in the first sentence and all that follows through the 
     second period and inserting ``shall not exceed the greater of 
     4 percent and $400,000.''; and
       (3) in subsection (m)(1)(B), by striking ``for this fiscal 
     year.'' and inserting ``for that fiscal year.''.
                                 ______
                                 
  SA 1472. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1460 proposed by Mr. Carper (for himself and Mrs. Capito) 
to the bill S. 914, to amend the Safe Drinking Water Act and the 
Federal Water Pollution Control Act to reauthorize programs under those 
Acts, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end, add the following:

                        TITLE III--MISCELLANEOUS

     SEC. 301. RESERVATION OF WATER RIGHTS AT NATIONAL MONUMENTS.

       Section 320301 of title 54, United States Code, is amended 
     by adding at the end the following:
       ``(e) Water Rights.--
       ``(1) No reservation of water rights.--In designating a 
     national monument under subsection (a), the President may not 
     reserve any implied or expressed water rights associated with 
     the national monument.
       ``(2) Applicable law.--Water rights associated with a 
     national monument designated under subsection (a) may be 
     acquired for the national monument only in accordance with 
     the laws of the State in which the water rights are 
     located.''.
                                 ______
                                 
  SA 1473. Mr. BLUNT submitted an amendment intended to be proposed to 
amendment SA 1460 proposed by Mr. Carper (for himself and Mrs. Capito) 
to the bill S. 914, to amend the Safe Drinking Water Act and the 
Federal Water Pollution Control Act to reauthorize programs under those 
Acts, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. ___. SELECTION CRITERIA.

       (a) In General.--Section 5028(b) of the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3907(b)) is amended--
       (1) in paragraph (2), by adding at the end the following:
       ``(L) The extent to which a project considers collaborative 
     project delivery methods that--
       ``(i) reduce overall project costs;
       ``(ii) reduce the contribution of Federal grant assistance;
       ``(iii) enable the project to proceed at an earlier date 
     than the project would otherwise be able to proceed;
       ``(iv) mitigate environmental impacts; or
       ``(v) result in such other benefits as the collaborative 
     project delivery methods may provide.''; and
       (2) in paragraph (3), by striking ``(K)'' and inserting 
     ``(L)''.
       (b) Definitions.--Section 5022 of the Water Infrastructure 
     Finance and Innovation Act of 2014 (33 U.S.C. 3901) is 
     amended--
       (1) by redesignating paragraphs (2) through (15) as 
     paragraphs (3) through (16), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Collaborative project delivery method.--
       ``(A) In general.--The term `collaborative project delivery 
     method' means a method for procuring and delivering a capital 
     project that involves close collaboration among the owner of 
     the project, the designer of the project, and the contractor 
     for the project from design through completion, including a 
     construction management at-risk method and a design-build 
     method.
       ``(B) Associated definitions.--
       ``(i) Construction management at-risk method.--The term 
     `construction management at-risk method' means a delivery 
     method in which the owner of a project retains an engineering 
     firm and a construction management at-risk firm under 2 
     separate contracts for design and construction, respectively.
       ``(ii) Design-build method.--The term `design-build method' 
     means a delivery method under which the owner of a project 
     enters into a single contract with a design-builder to 
     design, seek permits for, construct, test, and commission a 
     project.''.
                                 ______
                                 
  SA 1474. Ms. HASSAN submitted an amendment intended to be proposed by 
her to the bill S. 914, to amend the Safe Drinking Water Act and the 
Federal Water Pollution Control Act to reauthorize programs under those 
Acts, and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 142, strike line 22 and all that follows 
     through page 144, line 5, and insert the following:

       ``(II) a community described in section 1459A(c)(2);

       ``(ii) has plans to identify or has identified 
     opportunities in the operations of the public water system to 
     employ new, existing, or emerging, yet proven, technologies, 
     including technology that could address cybersecurity 
     vulnerabilities, as determined by the Administrator, that 
     enhance treatment, monitoring, affordability, efficiency, or 
     safety of the drinking water provided by the public water 
     system, including technologies not identified in the study 
     conducted under subsection (a)(1); and
       ``(iii) has expressed an interest in the opportunities in 
     the operation of the public water system to employ new, 
     existing, or emerging, yet proven, technologies, including 
     technology that could address cybersecurity vulnerabilities, 
     as determined by the

[[Page S2302]]

     Administrator, that enhance treatment, monitoring, 
     affordability, efficiency, or safety of the drinking water 
     provided by the public water system, including technologies 
     not identified in the study conducted under subsection 
     (a)(1).
       ``(B) Program.--The term `program' means the competitive 
     grant program established under paragraph (2).
                                 ______
                                 
  SA 1475. Mr. TESTER (for himself and Mr. Daines) submitted an 
amendment intended to be proposed to amendment SA 1460 proposed by Mr. 
Carper (for himself and Mrs. Capito) to the bill S. 914, to amend the 
Safe Drinking Water Act and the Federal Water Pollution Control Act to 
reauthorize programs under those Acts, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end, add the following:

                    TITLE III--RECLAMATION PROJECTS

     SEC. 301. AUTHORIZATION OF ST. MARY CANAL REHABILITATION 
                   PHASE 1 PROJECT.

       (a) Definitions.--In this section:
       (1) Project beneficiary.--The term ``Project Beneficiary'' 
     means any entity that enters into a contract with the 
     Secretary to receive irrigation water or other associated 
     project benefits in exchange for paying for allocated project 
     costs of the St. Mary Canal Rehabilitation Phase 1 Project.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (3) St. mary canal rehabilitation phase 1 project.--
       (A) In general.--The term ``St. Mary Canal Rehabilitation 
     Phase 1 Project'' means any activity associated with the 
     construction of the St. Mary Diversion Dam or St. Mary Canal 
     Headworks within the St. Mary Storage Unit of the Milk River 
     Project authorized by Congress on March 25, 1905.
       (B) Exclusion.--The term ``St. Mary Canal Rehabilitation 
     Phase 1 Project'' does not include any activity associated 
     with the operation or maintenance of the St. Mary Storage 
     Unit.
       (b) Use of Appropriated Funds.--The Secretary may use 
     appropriated funds to carry out the St. Mary Canal 
     Rehabilitation Phase 1 Project.
       (c) Participation of Blackfeet Tribe.--
       (1) In general.--The Secretary shall coordinate with the 
     Blackfeet Tribe with respect to any replacement activities 
     carried out under the St. Mary Canal Rehabilitation Phase 1 
     Project.
       (2) Effect on rights of tribe.--This section shall not be 
     considered to be an Act appropriating funds for the 
     rehabilitation of the St. Mary Unit for purposes of section 
     3708(b)(2)(A) of the Blackfeet Water Rights Settlement Act 
     (Public Law 114-322; 130 Stat. 1823).
       (d) Cost-sharing Requirement.--The Federal share of the 
     total cost of the St. Mary Canal Rehabilitation Phase 1 
     Project shall be not less than 26.04 percent, which shall be 
     nonreimbursable to the United States.
       (e) Study of Ability to Pay.--Not later than 1 year after 
     the date on which funds are first appropriated for the St. 
     Mary Canal Rehabilitation Phase 1 Project under subsection 
     (g), the Secretary shall conduct, at Federal expense, a study 
     of the ability of the Project Beneficiaries to pay, in 
     accordance with procedures established by the Secretary, the 
     costs of the St. Mary Canal Rehabilitation Phase 1 Project.
       (f) Repayment Terms.--Based on the study conducted under 
     subsection (e), the Secretary shall establish the repayment 
     terms for the Project Beneficiaries with respect to the St. 
     Mary Canal Rehabilitation Phase 1 Project.
       (g) Authorization of Appropriations.--
       (1) In general.--Subject to adjustment under paragraph (2), 
     there is authorized to be appropriated to the Secretary 
     $52,000,000 for the St. Mary Canal Rehabilitation Phase 1 
     Project for the period of fiscal years 2022 through 2032.
       (2) Adjustment of amount.--The amount referred to in 
     paragraph (1) may be increased or decreased in accordance 
     with ordinary fluctuations in development costs incurred 
     after the date of enactment of this Act, as indicated by any 
     available engineering cost indices applicable to construction 
     activities that are similar to the construction of the St. 
     Mary Canal Rehabilitation Phase 1 Project, as determined by 
     the Secretary.

                          ____________________