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Referenced Laws
33 U.S.C. 3901
43 U.S.C. 2401
Public Law 111–11
Public Law 116–260
33 U.S.C. 3907(a)(2)(B)
33 U.S.C. 3902
33 U.S.C. 3912
33 U.S.C. 3915
33 U.S.C. 3905
43 U.S.C. 390b
43 U.S.C. 510
33 U.S.C. 3908(b)(5)
2 U.S.C. 661 et seq.
33 U.S.C. 3909
33 U.S.C. 3913(b)
33 U.S.C. 2201 et seq.
Section 1
1. Short title This Act may be cited as the Water Infrastructure Finance and Innovation Act Amendments of 2025.
Section 2
2. Clarifications regarding small communities and rural water projects Section 5022 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3901) is amended— by redesignating paragraphs (11) through (15) as paragraphs (13) through (17), respectively; by redesignating paragraph (10) as paragraph (11); by inserting after paragraph (9) the following: The term rural water project includes— a rural water supply project authorized under the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401); any project authorized under part III of subtitle A of title X of the Omnibus Public Land Management Act of 2009 (Public Law 111–11), for a federally recognized Indian Tribe; and any rural water project or rural water supply project authorized under— section 1110 of title XI of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260); or any other Federal law. by inserting after paragraph (11), as so redesignated, the following: The term small community means a city, town, or unincorporated area that has a population of not more than 25,000 inhabitants. Section 5028(a)(2)(B) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3907(a)(2)(B)) is amended by striking $5,000,000 and inserting $1,000,000. Section 5023 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3902) is amended by adding at the end the following: The Administrator may provide technical assistance to small communities to aid such communities in developing a proposal for an eligible project and seeking assistance under this subtitle to carry out such project. Assistance under paragraph (1) may be in the form of engineering and financial planning assistance. Section 5028(a)(2)(B) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3907(a)(2)(B)) is further amended by striking a community of not more than 25,000 individuals and inserting a small community. Section 5033 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3912) is amended— in subsection (b)(2) by inserting (other than technical assistance under section 5023(c)) after technical assistance; and in subsection (c)(1) by inserting and for technical assistance to small communities under section 5023(c) before the period at the end. Section 5036 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3915) is amended to read as follows: Not later than 180 days after the date of enactment of the Water Infrastructure Finance and Innovation Act Amendments of 2025, the Administrator, in consultation with relevant Federal agencies, shall develop and begin implementation of an outreach plan to promote financial assistance available under this subtitle to small communities. (10)Rural water projectThe term rural water project includes—(A)a rural water supply project authorized under the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401);(B)any project authorized under part III of subtitle A of title X of the Omnibus Public Land Management Act of 2009 (Public Law 111–11), for a federally recognized Indian Tribe; and(C)any rural water project or rural water supply project authorized under—(i)section 1110 of title XI of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260); or(ii)any other Federal law.; and (12)Small communityThe term small community means a city, town, or unincorporated area that has a population of not more than 25,000 inhabitants.. (c)Technical assistance to small communities(1)In generalThe Administrator may provide technical assistance to small communities to aid such communities in developing a proposal for an eligible project and seeking assistance under this subtitle to carry out such project.(2)Types of assistanceAssistance under paragraph (1) may be in the form of engineering and financial planning assistance.. 5036.Outreach plan to small communitiesNot later than 180 days after the date of enactment of the Water Infrastructure Finance and Innovation Act Amendments of 2025, the Administrator, in consultation with relevant Federal agencies, shall develop and begin implementation of an outreach plan to promote financial assistance available under this subtitle to small communities..
Section 3
5036. Outreach plan to small communities Not later than 180 days after the date of enactment of the Water Infrastructure Finance and Innovation Act Amendments of 2025, the Administrator, in consultation with relevant Federal agencies, shall develop and begin implementation of an outreach plan to promote financial assistance available under this subtitle to small communities.
Section 4
3. Clarifying eligibility for certain projects The Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) is amended— in section 5023(b)(3) (33 U.S.C. 3902(b)(3)), by striking under paragraph (8) or (10) and inserting under paragraphs (8), (10), (11), (12), or (13); and in section 5026 (33 U.S.C. 3905)— in paragraph (10), by striking or (8) and inserting (8), (11), (12), or (13); and by adding at the end the following: A State-led storage project (as such term is defined in section 4007(a) of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note)). Transferred works (as such term is defined in section 9601 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510)). A congressionally authorized water resources development project that is owned or operated by a non-Federal entity. (11)A State-led storage project (as such term is defined in section 4007(a) of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note)).(12)Transferred works (as such term is defined in section 9601 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510)).(13)A congressionally authorized water resources development project that is owned or operated by a non-Federal entity..
Section 5
4. Collaborative project delivery methods Section 5028 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3907) is amended— by redesignating subsection (c) as subsection (d); and by inserting after subsection (b) the following: The Secretary or the Administrator, as applicable, may select, in accordance with this section, a project to be carried out using a collaborative project delivery method (consistent with any applicable State or local law), including a construction management at-risk method and a design-build method. In this subsection: The term collaborative project delivery method means a method for carrying out a capital project that involves close collaboration among the eligible entity, the owner of the project (if different from the eligible entity), the designer of the project, and the contractor for the project, from design through completion of construction. The term construction management at-risk method means a collaborative project delivery method in which an engineering firm and a construction management at-risk firm are retained under 2 separate contracts for design and construction, respectively. The term design-build method means a collaborative project delivery method under which a single lead contract is entered into with a design-builder for design and construction. Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in coordination with the Regional Administrators, and the Secretary of the Army, acting through the Chief of Engineers, shall carry out, and make public the results of, a study that— evaluates the use of collaborative project delivery methods in projects carried out using assistance received under the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.); determines barriers to increased use of collaborative project delivery methods in such projects; assesses the potential benefits of using collaborative project delivery methods in such projects; and identifies areas of need to educate agency staff in collaborative project delivery method implementation and best practices. (c)Collaborative project delivery methods(1)AuthorizationThe Secretary or the Administrator, as applicable, may select, in accordance with this section, a project to be carried out using a collaborative project delivery method (consistent with any applicable State or local law), including a construction management at-risk method and a design-build method.(2)DefinitionsIn this subsection:(A)Collaborative project delivery methodThe term collaborative project delivery method means a method for carrying out a capital project that involves close collaboration among the eligible entity, the owner of the project (if different from the eligible entity), the designer of the project, and the contractor for the project, from design through completion of construction.(B)Construction management at-risk methodThe term construction management at-risk method means a collaborative project delivery method in which an engineering firm and a construction management at-risk firm are retained under 2 separate contracts for design and construction, respectively.(C)Design-build methodThe term design-build method means a collaborative project delivery method under which a single lead contract is entered into with a design-builder for design and construction..
Section 6
5. Maturity date Section 5029(b)(5) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3908(b)(5)) is amended— in subparagraph (B), by striking The final maturity date and inserting Notwithstanding subparagraphs (A) and (B), the final maturity date; by redesignating subparagraph (B) as subparagraph (C); and by inserting after subparagraph (A) the following: Notwithstanding subparagraph (A), for a project with a useful life of more than 35 years (as determined by the Secretary or the Administrator, as applicable), the final maturity date of a secured loan under this section shall be not later than the earlier of— the date that is 55 years after the date of substantial completion of the relevant project (as determined by the Secretary or the Administrator, as applicable); and if the useful life of the project is less than 55 years, the useful life of the project. (B)Projects with a useful life of more than 35 yearsNotwithstanding subparagraph (A), for a project with a useful life of more than 35 years (as determined by the Secretary or the Administrator, as applicable), the final maturity date of a secured loan under this section shall be not later than the earlier of—(i)the date that is 55 years after the date of substantial completion of the relevant project (as determined by the Secretary or the Administrator, as applicable); and(ii)if the useful life of the project is less than 55 years, the useful life of the project..
Section 7
6. Reauthorization of Corps of Engineers water infrastructure financing funding Section 5033 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3912) is further amended— by amending subsection (a)(3) to read as follows: There is authorized to be appropriated to carry out this subtitle, to remain available until expended— $68,000,000 to the Administrator for each of fiscal years 2025 through 2029; and $15,000,000 to the Secretary for each of fiscal years 2025 through 2029. in subsection (b)(2), by striking the Administrator and inserting the Secretary or the Administrator, as applicable,. (3)Fiscal years 2025 through 2029There is authorized to be appropriated to carry out this subtitle, to remain available until expended—(A)$68,000,000 to the Administrator for each of fiscal years 2025 through 2029; and(B)$15,000,000 to the Secretary for each of fiscal years 2025 through 2029.; and
Section 8
7. Budgetary treatment of certain amounts of financial assistance The Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) is amended by adding at the end the following: If the recipient of financial assistance for a project under this subtitle is an eligible entity other than a Federal entity, agency, or instrumentality, and the dedicated sources of repayment of that financial assistance are non-Federal revenue sources, such financial assistance shall, for purposes of budgetary treatment under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)— be deemed to be non-Federal; and be treated as a direct loan or loan guarantee (as such terms are defined, respectively, in such Act). 5037.Budgetary treatment of certain amounts of financial assistanceIf the recipient of financial assistance for a project under this subtitle is an eligible entity other than a Federal entity, agency, or instrumentality, and the dedicated sources of repayment of that financial assistance are non-Federal revenue sources, such financial assistance shall, for purposes of budgetary treatment under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)—(1)be deemed to be non-Federal; and(2)be treated as a direct loan or loan guarantee (as such terms are defined, respectively, in such Act)..
Section 9
5037. Budgetary treatment of certain amounts of financial assistance If the recipient of financial assistance for a project under this subtitle is an eligible entity other than a Federal entity, agency, or instrumentality, and the dedicated sources of repayment of that financial assistance are non-Federal revenue sources, such financial assistance shall, for purposes of budgetary treatment under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)— be deemed to be non-Federal; and be treated as a direct loan or loan guarantee (as such terms are defined, respectively, in such Act).
Section 10
8. Reports to Congress Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a report on the implementation of— section 4301 of America’s Water Infrastructure Act of 2018 (33 U.S.C. 3909 note); and any agreement entered into under section 5030(g) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3909(g)) pursuant to such section 4301. Not later than 1 year after the date of enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall submit to Congress a report on the implementation of the Corps Water Infrastructure Financing Program carried out pursuant to the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.), including issues pertaining to such implementation with respect to levees and congressionally authorized projects described in section 5026(1) of such Act. Section 5034(b) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3913(b)) is amended— in paragraph (1), by striking Not later than 3 years after the date of enactment of the Water Resources Development Act of 2018 and inserting Not later than 4 years after the date of enactment of the Water Infrastructure Finance and Innovation Act Amendments of 2025; and in paragraph (2)— by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and inserting after subparagraph (A) the following: an evaluation of the implementation of this subtitle by the Secretary; in subparagraph (D) (as so redesignated)— by inserting evaluations and before recommendations; and by striking subparagraphs (A) and (B) and inserting subparagraphs (A), (B), and (C). (B)an evaluation of the implementation of this subtitle by the Secretary;; and
Section 11
9. Technical and conforming amendments The Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 et seq.) is amended— in section 1(b)— in the item relating to the heading for subtitle C of title V, by striking Pilot; in the item relating to section 5034, by striking pilot; and by inserting after the item relating to section 5035 the following: in the heading for subtitle C of title V, by striking Pilot; and in section 5022(12), by striking et. and inserting et. 5036. Outreach plan to small communities.5037. Budgetary treatment of certain amounts of financial assistance.;