December 2, 2025
Mrs. Bice introduced the following bill; which was 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
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.
Section 1. Section 106 requirement waiver
(a) In general
Notwithstanding section 306018 of title 54, United States Code (formerly known as section 106 of the National Historic Preservation Act), section 106 requirements shall not apply to an undertaking if—
(1)
the undertaking is a project, activity, or program carried out for the primary purpose of structurally rehabilitating or otherwise upgrading a public water system or treatment works; and
(2)
the entity carrying out the undertaking requests to the responsible agency that the undertaking be excluded from section 106 requirements.
(b) Definitions
In this section:
(1) Public water system
The term public water system has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).
(2) Responsible agency
The term responsible agency means—
(A)
the Federal agency having jurisdiction over an undertaking; or
(B)
the Federal or independent agency having authority to license an undertaking.
(3) Section 106 requirements
The term section 106 requirements means—
(A)
the requirements of section 306108 of title 54, United States Code; and
(B)
the section 106 process as it is described in part 800 of title 36, Code of Federal Regulations (or successor regulations).
(4) Treatment works
The term treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).
(5) Undertaking
The term undertaking has the meaning given the term in section 300320 of title 54, United States Code.