New Bill Fast-Tracks Water System Upgrades by Waiving Historic Review Requirements

If you’ve ever waited for a road to be fixed or a utility line to be replaced, you know that infrastructure projects can get stuck in review processes. This bill aims to hit the fast-forward button specifically for projects focused on fixing up our public water systems and treatment works.

The Water Works Waiver: What’s the Deal?

This legislation creates a shortcut around a long-standing federal requirement known as Section 106. Section 106 mandates that before any federally funded or permitted project—an “undertaking”—can move forward, the responsible federal agency must consider its impact on historic properties. Think of it as a mandatory pause to check if the new pipeline is going to rip through an important archaeological site or a historically significant structure.

Under this bill, that mandatory pause can be skipped for water infrastructure. Specifically, the Section 106 review requirements will not apply if two conditions are met: first, the project’s main goal must be the structural rehabilitation or upgrade of a public water system or treatment works (like a sewage plant); and second, the entity doing the work must actually ask the federal agency to exclude the project from the review. If both boxes are checked, the project can move ahead without the historic preservation review.

The Upside: Speeding Up Essential Repairs

For cities and utility companies, this is a massive regulatory streamline. Aging water pipes and treatment plants are a huge problem nationwide—they break, they leak, and they can compromise water quality. Because Section 106 reviews can take months, or even years, to complete, this waiver could significantly cut down the time it takes to get shovels in the ground for critical repairs. For the average person, this means potentially faster resolution of boil-water advisories, quicker replacement of lead pipes, and fewer construction delays holding up traffic. If your town needs to upgrade its sewage treatment plant ASAP to avoid fines or environmental hazards, this bill could get that work done much faster.

The Downside: Trading History for Efficiency

While speed is good, there’s a trade-off. The entire point of Section 106 is to ensure that essential infrastructure work doesn't accidentally destroy historic or cultural resources. Water systems, especially in older towns, often run through historic districts or areas with significant cultural resources, sometimes including tribal lands or artifacts. By removing the mandatory review, this bill relies on the project owner to define the project’s “primary purpose” as rehabilitation. If a utility frames a large new construction project as an “upgrade” to avoid the review, there’s a risk that important historic sites could be damaged without proper consultation or mitigation.

For historic preservation groups and communities concerned about cultural heritage, this is a significant removal of oversight. The bill is clear that the waiver only applies to projects primarily focused on structural rehabilitation or upgrade, but that wording is vague enough that it could be stretched. If the project involves significant ground disturbance—say, digging up a massive new water main—the potential for accidentally destroying archaeological sites or historic infrastructure is high, and this bill removes the mandatory federal check designed to prevent that.