What changed between these versions
v3 introduces a new section, Section 318, to establish specific financing and operational provisions for the Arkansas Valley Conduit project, including a new repayment contract structure. Additionally, v3 clarifies savings provisions related to CERCLA liability in Section 103 and makes minor technical adjustments to coordinate descriptions in Section 306 and adds conditions to the use of contributed funds in Sections 339 and 340.
Overview
A handful of substantive changes and minor technical corrections. · v3 expands the scope of the bill by adding a new project authorization and clarifies existing provisions related to environmental liability and funding conditions.
The most significant change in v3 is the addition of Section 318, which establishes specific financing and operational details for the Arkansas Valley Conduit project, including a new repayment contract and O&M responsibilities. Furthermore, Section 103 was modified to expand and clarify savings provisions concerning CERCLA liability for contaminated sediment removal. Minor modifications include technical corrections to coordinate descriptions in Section 306 and the addition of "subject to the availability of future appropriations" for contributed funds in Sections 339 and 340.
Major additions
This new section modifies Public Law 87-590 to establish specific provisions for the Arkansas Valley Conduit project. It outlines a repayment contract for 35 percent of the conduit's cost, allowing for funding during construction from non-Secretary entities and, based on financial hardship, repayment of the balance over not more than 75 years with simple interest at 50 percent of the Treasury rate. It also mandates that the contract provide for contracting parties to assume care, operation, maintenance, and replacement of the conduit.
This addition creates a dedicated framework for financing and managing the Arkansas Valley Conduit, potentially enabling its construction and ensuring long-term water supply to communities lacking reliable access. It introduces specific financial terms and operational responsibilities for the project.
Deletions
The non-operative printing instructions, specifically '[Strike out all after the enacting clause and insert the part printed in italic]' and '[For text of introduced bill, see copy of bill as introduced on June 29, 2026]', were removed.
These were instructions for the printing and formatting of the bill and their removal has no policy or operational impact on the bill's substance.
Modifications
This modification provides a more comprehensive legal framework for liability and cost recovery under CERCLA in the context of contaminated sediment removal. It clarifies that the Secretary's non-liability for covered activities does not extend to other types of liability or negligence, nor does it alter federal facility agreement requirements.
Before
Stated that nothing in the section affects the Federal Government's responsibility to seek cost recovery under CERCLA for covered activities.
After
Renamed the subsection to 'Savings Provisions' and expanded it to include two new paragraphs. The first paragraph (retaining the original intent) clarifies the Federal Government's *ability* to seek cost recovery. The second and third paragraphs explicitly state that the section does not affect the liability of any person under CERCLA for non-covered activities or negligence, nor does it affect CERCLA's federal facility agreement requirements for the Secretary.
This is a technical correction to the precise geographic boundary of the deauthorized portion of the Harlem River Federal Navigation Channel, ensuring accuracy in the project's scope.
Before
Described a coordinate point in the Harlem River Federal Navigation Channel deauthorization as 'running southerly approximately .6 feet'.
After
Describes the same coordinate point as 'running southerly approximately 56.6 feet'.
This is a technical correction to the precise geographic boundary of the deauthorized portion of the Harlem River Federal Navigation Channel, ensuring accuracy in the project's scope.
Before
Described a coordinate point in the Harlem River Federal Navigation Channel deauthorization as 'running southerly approximately .3 feet'.
After
Describes the same coordinate point as 'running southerly approximately 137.3 feet'.
This modification clarifies that the use of contributed funds by another Federal agency for the Coastal Virginia study is contingent upon the availability of future appropriations, potentially affecting the certainty or timeline of funding for such analyses.
Before
Allowed the Secretary to use funds 'contributed by such agency head' for analysis of measures benefiting Federal land in Coastal Virginia.
After
Allows the Secretary to use funds 'contributed by such agency head (subject to the availability of future appropriations)' for the same purpose.
This modification clarifies that the use of contributed funds by another Federal agency for the Norfolk Coastal Storm Risk Management study is contingent upon the availability of future appropriations, potentially affecting the certainty or timeline of funding for such analyses.
Before
Allowed the Secretary to use funds 'contributed by such agency head' for analysis of measures benefiting Federal land in Norfolk Coastal Storm Risk Management.
After
Allows the Secretary to use funds 'contributed by such agency head (subject to the availability of future appropriations)' for the same purpose.
Scope
Meaningful expansion or narrowing — Changes are scattered across Title I and Title III, with one new section added in Title III and several modifications to existing provisions. — v3 introduces a new project-specific authorization and clarifies legal frameworks, representing a meaningful expansion of the bill's operative scope and a refinement of existing policy directions. — The new Section 318 directly modifies an existing Public Law, impacting its financing and operational structure. The changes to Section 103 clarify the interaction of the bill's provisions with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
Impact analysis
Communities and households in the Arkansas Valley, Colorado, lacking reliable domestic water supplies
Gains a new, dedicated mechanism for water supply infrastructure development and financing.
Gain a specific statutory framework for the financing and operation of the Arkansas Valley Conduit project, including a repayment contract with provisions for financial hardship and long-term repayment.
Federal Government (Secretary of the Army) and non-Federal interests involved in contaminated sediment removal projects
Experiences a procedural clarification of legal responsibilities and limitations.
The legal framework regarding CERCLA liability for contaminated sediment removal is clarified and expanded, explicitly stating that the Secretary's non-liability does not affect other forms of liability or federal facility agreements.
Federal agencies contributing funds for analyses in Coastal Virginia and Norfolk Coastal Storm Risk Management projects
Experiences a procedural change regarding funding certainty.
The use of their contributed funds for analyses is now explicitly subject to the availability of future appropriations.