To waive certain requirements under section 306018 of title 54, United States Code, with respect to undertakings to upgrade public water systems and treatment works.

Bill Number

H.R. 6353

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Water Resources Development

Status

Introduced

Latest Action

2026-02-02: Referred to the Subcommittee on Water Resources and Environment.

Last Updated

2026-02-03T09:05:47Z

AI-Generated Summary

Purpose

This bill (H.R. 6353) aims to exempt certain water infrastructure upgrade projects from federal historic preservation review requirements. Specifically, it waives the need for reviews under Section 106 of the National Historic Preservation Act (NHPA) for projects focused on improving public water systems or treatment facilities, allowing these essential upgrades to proceed more quickly without mandatory assessments of potential impacts on historic sites.

Key Provisions

• Waiver Condition: The Section 106 review process (which requires federal agencies to evaluate and mitigate effects on historic properties) does not apply to an "undertaking" (a federal action, project, or program) if:
• The primary goal is to structurally rehabilitate or upgrade a public water system or treatment works.
• The entity (e.g., a local water utility or government) carrying out the project requests the waiver from the responsible federal agency.
• Definitions:
• Public water system: A system providing piped water for human consumption, as defined in the Safe Drinking Water Act.
• Treatment works: Facilities for wastewater treatment, as defined in the Clean Water Act.
• Responsible agency: The federal agency overseeing or licensing the project.
• Section 106 requirements: Includes the formal review process outlined in federal regulations (36 CFR Part 800), which involves identifying historic properties and consulting with stakeholders.

The bill was introduced on December 2, 2025, by Rep. Stephanie Bice and referred to the House Committees on Transportation and Infrastructure, Energy and Commerce, and Natural Resources.

Significant Changes to Existing Law

• Under current law (codified in 54 U.S.C. § 306108, formerly NHPA Section 106), federal undertakings must undergo a review to protect historic and cultural resources, even if they involve infrastructure like water systems.
• This bill creates a targeted exemption, overriding these requirements for qualifying water upgrade projects upon request. It does not eliminate Section 106 entirely but carves out a specific exception, streamlining approvals without altering the broader NHPA framework.

Potential Impacts

• Government Agencies: Federal agencies (e.g., Environmental Protection Agency or those licensing water projects) will face reduced administrative burdens, as they can approve waivers without full historic preservation consultations, potentially speeding up project timelines.
• Citizens: Local communities may benefit from faster access to improved drinking water quality and wastewater treatment, addressing public health needs under laws like the Safe Drinking Water Act. However, it could risk overlooking historic sites near water infrastructure.
• International Relations: No direct impacts, as the bill focuses on domestic U.S. water systems and federal processes.

Main Stakeholders Affected

• Water Utilities and Local Governments: Primary beneficiaries, as they can request waivers to accelerate upgrades without preservation delays.
• Federal Agencies: Such as the EPA, Army Corps of Engineers, or licensing bodies, which handle reviews and approvals.
• Historic Preservation Groups and Tribes: Potentially negatively affected, as they may lose input on projects impacting cultural or historic sites (e.g., archaeological areas near water facilities).
• Environmental and Public Health Advocates: Could support the bill for prioritizing infrastructure but oppose it if it compromises site protections.

Notable Legal, Constitutional, or Political Implications

• Legal: The waiver respects the NHPA's intent to protect historic resources but introduces flexibility for critical infrastructure, potentially reducing litigation over review delays. It aligns with existing environmental laws by focusing on water quality without conflicting with them.
• Constitutional: No direct challenges, but it could indirectly support the federal government's role in promoting public welfare (e.g., safe water) under the Commerce Clause, while balancing states' interests in local infrastructure.
• Political: The bill reflects priorities for modernizing aging U.S. water systems amid infrastructure funding debates (e.g., via the Bipartisan Infrastructure Law). It may spark debates between development advocates and preservationists, influencing future environmental policy on exemptions for urgent projects.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Bice, Stephanie I. [R-OK-5]

Recent Actions

• 2026-02-02: Referred to the Subcommittee on Water Resources and Environment.
• 2025-12-02: Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-12-02: Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-12-02: Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-12-02: Introduced in House
• 2025-12-02: Introduced in House

Bill Versions

• To waive certain requirements under section 306018 of title 54, United States Code, with respect to undertakings to upgrade public water systems and treatment works. — issued 2025-12-02 — PDF (3 pages)