HR5966-119

1. Short title This Act may be cited as the Ohio River Restoration Program Act.

2. Ohio River Basin Restoration Program Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: In this section: The term advisory council means the advisory council established under subsection (b)(5). The term Agency means the Environmental Protection Agency. The term Ohio River Basin means the portions of each Ohio River State that contain the watershed of the Ohio River. The term Ohio River Basin Restoration Program means the Ohio River Basin Restoration Program established by this section. The term Ohio River State means Ohio, Kentucky, West Virginia, Pennsylvania, Indiana, Illinois, New York, Virginia, Maryland, North Carolina, Georgia, Alabama, Tennessee, Mississippi, or South Carolina. The term Program Director means the Director of the Program Office. The term Program Office means the Ohio River National Program Office established under this section. The term Tribal Government means the recognized governing body of any Indian tribe individually identified (including parenthetically) in the list published under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). The Administrator shall establish an Ohio River National Program Office within the Agency to carry out the Ohio River Basin Restoration Program. The Program Office shall be headed by a Program Director, appointed by the Administrator, who, by reason of management experience and technical expertise relating to the Ohio River, is highly qualified to direct the development of programs and plans on a variety of issues related to restoration of the Ohio River Basin. The Program Director shall— coordinate actions of the Agency that seek to protect and restore the Ohio River Basin; develop, implement, and update the Ohio River Basin Restoration Program and action plan required by this section, in coordination with the advisory council; document information and updates related to the development and implementation of the Ohio River Basin Restoration Program and action plan required by this section, and make such information and updates available to the public, including on a public website; and facilitate, in cooperation with the Bureau of Indian Affairs, engagement and consultation with Tribal Governments and Tribal organizations to ensure Tribal needs and priorities are solicited early and throughout the development of the actionable goals and action plan required by this section. In carrying out paragraph (3), the Program Director may enter into agreements, as applicable, with relevant Federal agencies and non-Federal entities. In carrying out this section, the Program Director shall establish an advisory council consisting of relevant Federal entities and non-Federal stakeholders, including representatives from— each State located in whole or in part in the Ohio River Basin; each of the lower, middle, and upper basins of the Ohio River; each Tribal Government located in the Ohio River Basin; and the Ohio River Valley Water Sanitation Commission. The Program Director shall submit to Congress, and make available on a public website, the action plan and updates required by this section, and an annual report describing— progress made in implementing the Ohio River Basin Restoration Program; coordination of the Ohio River Basin Restoration Program with other Federal, State, Tribal, and local programs; any funds transferred to relevant Federal agencies under this section; any grants awarded under this section; specific projects and activities carried out pursuant to this section; and agreements with relevant Federal agencies and non-Federal entities. There is established within the Agency the Ohio River Basin Restoration Program to carry out projects and activities that advance systemic, large-scale restoration and protection of the Ohio River Basin. Any project or activity carried out pursuant to the Ohio River Basin Restoration Program shall be designed to address at least 1 of the following: Improvement of water quality in the Ohio River Basin and drinking water in the Ohio River States. Increasing community resilience to flood and storm risk, including through restoration of natural systems in the Ohio River Basin. Protection and restoration of fish and wildlife habitat in the Ohio River Basin. Prevention and control of the spread of aquatic invasive species in the Ohio River Basin. Remediation of toxic substances. Improvement of opportunities for public access and recreation in the Ohio River Basin consistent with the ecological needs of fish and wildlife habitat. Collection, monitoring, and evaluation of data needed to plan, implement, and assess the effectiveness of projects or activities carried out under this section. Improvement of public outreach, education, and citizen involvement in the development and implementation of projects and activities carried out under this section. Projects and activities carried out pursuant to the Ohio River Basin Restoration Program shall prioritize use of natural infrastructure, nature-based, and non-structural solutions to the maximum extent practicable, including— protecting or restoring naturally occurring hydrologic, geomorphic, and ecological functions and processes; and removing or modifying structures such as culverts, levees, and dams to restore ecological functions and processes. Funds made available to carry out the Ohio River Basin Restoration Program may be used to plan, design, implement, or construct projects and activities described in paragraph (2) that are carried out by a relevant Federal agency or by a non-Federal entity in accordance with the action plan developed under subsection (d). The Program Director may make a grant to, or otherwise enter into an agreement with, any non-Federal entity (including any State, interstate, regional, local, or Tribal governmental entity, nonprofit organization, institution of higher education, or individual) that the Program Director determines is qualified to carry out a project or activity described in paragraph (2). The Program Director, in collaboration with the advisory council, shall select projects and activities to be implemented pursuant to the Ohio River Basin Restoration Program using appropriate principles and criteria, including— the selection of projects and activities that are equitably distributed throughout the Ohio River Basin; the ability of a project or activity to achieve strategic, measurable, and reportable environmental outcomes in accordance with the action plan developed under subsection (d); the recognition that projects and activities may provide economic benefits to local or regional communities, or to the entire Ohio River Basin; the feasibility of prompt implementation, timely achievement of measurable results, and resource leveraging; and the opportunity to reduce duplication and improve measurable environmental outcomes. The Program Director shall ensure that projects and activities carried out under this section are compatible with— the ability of the Corps of Engineers to maintain navigation and other Federal projects in the Ohio River; and the structural integrity or effectiveness of Federal, State, local, or Tribal disaster risk reduction infrastructure. Not later than 1 year after the date of enactment of this section, the Program Director shall develop actionable goals for the Ohio River Basin Restoration Program, which shall be measurable and reportable and shall include criteria for measuring their success in making progress toward restoring the ecological health and resilience of the Ohio River Basin. Not later than 2 years after the date of enactment of this section, the Program Director shall develop an action plan for advancing the actionable goals developed under paragraph (1). The Program Director shall include in the action plan developed under paragraph (2)— a description of existing Federal, State, Tribal, and regional commissions, and regional plans, programs, and activities affecting the Ohio River Basin, that may be used to advance the Ohio River Basin Restoration Program; recommendations for a comprehensive approach, which (where appropriate) leverages existing Federal, State, and Tribal programs, to— advancing systemic, large-scale restoration and protection of the Ohio River Basin; and improvements to water quality within the Ohio River and its tributaries; a multi-year plan that identifies specific objectives with corresponding commitments for activities, research, and measures for progress; and a plan to maintain and monitor the implementation of any specific projects or activities identified in the action plan. The action plan may include recommendations for specific projects or activities that advance the action plan objectives, including timelines, anticipated costs, and the identification of entities responsible for carrying out such projects or activities. Not less often than once every 5 years, the Program Director shall review and update the actionable goals and action plan developed under this subsection. In developing and updating the actionable goals and action plan under this subsection, the Program Director shall consult with the advisory council. The Program Director shall provide public notice of, and an opportunity for comment on, the actionable goals and action plan developed under this subsection, including during each update period under paragraph (5). There is authorized to be appropriated to carry out this section $350,000,000 for each of fiscal years 2026 through 2030. With funds made available to carry out this section for each fiscal year, the Administrator may— transfer funds to the head of any relevant Federal agency, with the concurrence of the head of such agency, to carry out activities in accordance with this section; and enter into an interagency agreement with the head of any relevant Federal agency to carry out activities in accordance with this section. The Administrator shall, in the Agency’s annual budget submission to Congress, include a funding request for the Ohio River Basin Restoration Program as a separate budget line item. 127.Ohio River Basin Restoration Program (a)DefinitionsIn this section: (1)Advisory councilThe term advisory council means the advisory council established under subsection (b)(5). (2)AgencyThe term Agency means the Environmental Protection Agency. (3)Ohio River BasinThe term Ohio River Basin means the portions of each Ohio River State that contain the watershed of the Ohio River. (4)Ohio River Basin Restoration ProgramThe term Ohio River Basin Restoration Program means the Ohio River Basin Restoration Program established by this section. (5)Ohio River StateThe term Ohio River State means Ohio, Kentucky, West Virginia, Pennsylvania, Indiana, Illinois, New York, Virginia, Maryland, North Carolina, Georgia, Alabama, Tennessee, Mississippi, or South Carolina. (6)Program DirectorThe term Program Director means the Director of the Program Office. (7)Program OfficeThe term Program Office means the Ohio River National Program Office established under this section. (8)Tribal GovernmentThe term Tribal Government means the recognized governing body of any Indian tribe individually identified (including parenthetically) in the list published under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (b)Ohio River National Program Office (1)In generalThe Administrator shall establish an Ohio River National Program Office within the Agency to carry out the Ohio River Basin Restoration Program. (2)Program DirectorThe Program Office shall be headed by a Program Director, appointed by the Administrator, who, by reason of management experience and technical expertise relating to the Ohio River, is highly qualified to direct the development of programs and plans on a variety of issues related to restoration of the Ohio River Basin. (3)FunctionsThe Program Director shall— (A)coordinate actions of the Agency that seek to protect and restore the Ohio River Basin; (B)develop, implement, and update the Ohio River Basin Restoration Program and action plan required by this section, in coordination with the advisory council; (C)document information and updates related to the development and implementation of the Ohio River Basin Restoration Program and action plan required by this section, and make such information and updates available to the public, including on a public website; and (D)facilitate, in cooperation with the Bureau of Indian Affairs, engagement and consultation with Tribal Governments and Tribal organizations to ensure Tribal needs and priorities are solicited early and throughout the development of the actionable goals and action plan required by this section. (4)AgreementsIn carrying out paragraph (3), the Program Director may enter into agreements, as applicable, with relevant Federal agencies and non-Federal entities. (5)Advisory councilIn carrying out this section, the Program Director shall establish an advisory council consisting of relevant Federal entities and non-Federal stakeholders, including representatives from— (A)each State located in whole or in part in the Ohio River Basin; (B)each of the lower, middle, and upper basins of the Ohio River; (C)each Tribal Government located in the Ohio River Basin; and (D)the Ohio River Valley Water Sanitation Commission. (6)Reporting requirementsThe Program Director shall submit to Congress, and make available on a public website, the action plan and updates required by this section, and an annual report describing— (A)progress made in implementing the Ohio River Basin Restoration Program; (B)coordination of the Ohio River Basin Restoration Program with other Federal, State, Tribal, and local programs; (C)any funds transferred to relevant Federal agencies under this section; (D)any grants awarded under this section; (E)specific projects and activities carried out pursuant to this section; and (F)agreements with relevant Federal agencies and non-Federal entities. (c)Ohio river basin restoration program (1)EstablishmentThere is established within the Agency the Ohio River Basin Restoration Program to carry out projects and activities that advance systemic, large-scale restoration and protection of the Ohio River Basin. (2)ActivitiesAny project or activity carried out pursuant to the Ohio River Basin Restoration Program shall be designed to address at least 1 of the following: (A)Improvement of water quality in the Ohio River Basin and drinking water in the Ohio River States. (B)Increasing community resilience to flood and storm risk, including through restoration of natural systems in the Ohio River Basin. (C)Protection and restoration of fish and wildlife habitat in the Ohio River Basin. (D)Prevention and control of the spread of aquatic invasive species in the Ohio River Basin. (E)Remediation of toxic substances. (F)Improvement of opportunities for public access and recreation in the Ohio River Basin consistent with the ecological needs of fish and wildlife habitat. (G)Collection, monitoring, and evaluation of data needed to plan, implement, and assess the effectiveness of projects or activities carried out under this section. (H)Improvement of public outreach, education, and citizen involvement in the development and implementation of projects and activities carried out under this section. (3)ApproachesProjects and activities carried out pursuant to the Ohio River Basin Restoration Program shall prioritize use of natural infrastructure, nature-based, and non-structural solutions to the maximum extent practicable, including— (A)protecting or restoring naturally occurring hydrologic, geomorphic, and ecological functions and processes; and (B)removing or modifying structures such as culverts, levees, and dams to restore ecological functions and processes. (4)Project and activity implementation (A)In generalFunds made available to carry out the Ohio River Basin Restoration Program may be used to plan, design, implement, or construct projects and activities described in paragraph (2) that are carried out by a relevant Federal agency or by a non-Federal entity in accordance with the action plan developed under subsection (d). (B)Grant authorityThe Program Director may make a grant to, or otherwise enter into an agreement with, any non-Federal entity (including any State, interstate, regional, local, or Tribal governmental entity, nonprofit organization, institution of higher education, or individual) that the Program Director determines is qualified to carry out a project or activity described in paragraph (2). (5)Project and activity selection (A)In generalThe Program Director, in collaboration with the advisory council, shall select projects and activities to be implemented pursuant to the Ohio River Basin Restoration Program using appropriate principles and criteria, including— (i)the selection of projects and activities that are equitably distributed throughout the Ohio River Basin; (ii)the ability of a project or activity to achieve strategic, measurable, and reportable environmental outcomes in accordance with the action plan developed under subsection (d); (iii)the recognition that projects and activities may provide economic benefits to local or regional communities, or to the entire Ohio River Basin; (iv)the feasibility of prompt implementation, timely achievement of measurable results, and resource leveraging; and (v)the opportunity to reduce duplication and improve measurable environmental outcomes. (B)CompatibilityThe Program Director shall ensure that projects and activities carried out under this section are compatible with— (i)the ability of the Corps of Engineers to maintain navigation and other Federal projects in the Ohio River; and (ii)the structural integrity or effectiveness of Federal, State, local, or Tribal disaster risk reduction infrastructure. (d)Actionable goals and action plan (1)Actionable goalsNot later than 1 year after the date of enactment of this section, the Program Director shall develop actionable goals for the Ohio River Basin Restoration Program, which shall be measurable and reportable and shall include criteria for measuring their success in making progress toward restoring the ecological health and resilience of the Ohio River Basin. (2)Action planNot later than 2 years after the date of enactment of this section, the Program Director shall develop an action plan for advancing the actionable goals developed under paragraph (1). (3)ContentsThe Program Director shall include in the action plan developed under paragraph (2)— (A)a description of existing Federal, State, Tribal, and regional commissions, and regional plans, programs, and activities affecting the Ohio River Basin, that may be used to advance the Ohio River Basin Restoration Program; (B)recommendations for a comprehensive approach, which (where appropriate) leverages existing Federal, State, and Tribal programs, to— (i)advancing systemic, large-scale restoration and protection of the Ohio River Basin; and (ii)improvements to water quality within the Ohio River and its tributaries; (C)a multi-year plan that identifies specific objectives with corresponding commitments for activities, research, and measures for progress; and (D)a plan to maintain and monitor the implementation of any specific projects or activities identified in the action plan. (4)Project and activity recommendationsThe action plan may include recommendations for specific projects or activities that advance the action plan objectives, including timelines, anticipated costs, and the identification of entities responsible for carrying out such projects or activities. (5)UpdatesNot less often than once every 5 years, the Program Director shall review and update the actionable goals and action plan developed under this subsection. (6)Consultation with advisory councilIn developing and updating the actionable goals and action plan under this subsection, the Program Director shall consult with the advisory council. (7)Public engagementThe Program Director shall provide public notice of, and an opportunity for comment on, the actionable goals and action plan developed under this subsection, including during each update period under paragraph (5). (e)Funding (1)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $350,000,000 for each of fiscal years 2026 through 2030. (2)Transfer of funds to Federal entitiesWith funds made available to carry out this section for each fiscal year, the Administrator may— (A)transfer funds to the head of any relevant Federal agency, with the concurrence of the head of such agency, to carry out activities in accordance with this section; and (B)enter into an interagency agreement with the head of any relevant Federal agency to carry out activities in accordance with this section. (f)Budget itemThe Administrator shall, in the Agency’s annual budget submission to Congress, include a funding request for the Ohio River Basin Restoration Program as a separate budget line item..