S. 3796

119 S3796 IS: Ohio River Restoration Program Act of 2026
 U.S. Senate
 2026-02-05
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 3796  IN THE SENATE OF THE UNITED STATES   February 5, 2026   Mr. Fetterman  (for himself and  Mr. Young ) introduced the following bill; which was read twice and referred to the  Committee on Environment and Public Works    A BILL
To amend the Federal Water Pollution Control Act to establish an Ohio River Basin Restoration Program, and for other purposes.
1.
Short title
This Act may be cited as the   Ohio River Restoration Program Act of 2026  .
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:
127.
Ohio River Basin Restoration Program
(a)
Definitions
In this section:
(1)
Advisory council
The term  advisory council  means the advisory council established under subsection (b)(5).
(2)
Ohio River Basin
The term  Ohio River Basin  means the portions of each Ohio River State that contain the watershed of the Ohio River.
(3)
Ohio River Basin Restoration Program
The term  Ohio River Basin Restoration Program  means the Ohio River Basin Restoration Program established by subsection (c)(1).
(4)
Ohio River State
The term  Ohio River State  means each of the States of Ohio, Kentucky, West Virginia, Pennsylvania, Indiana, Illinois, New York, Virginia, Maryland, North Carolina, Georgia, Alabama, Tennessee, Mississippi, and South Carolina.
(5)
Program Director
The term  Program Director  means the Director of the Program Office appointed under subsection (b)(2).
(6)
Program Office
The term  Program Office  means the Ohio River National Program Office established under subsection (b)(1).
(7)
Tribal Government
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 ).
(b)
Ohio River National Program Office
(1)
In general
The Administrator shall establish an Ohio River National Program Office within the Environmental Protection Agency to carry out the Ohio River Basin Restoration Program.
(2)
Program Director
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.
(3)
Functions
The Program Director shall—
(A)
coordinate actions of the Environmental Protection 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 under subsection (d)(2), 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 under subsection (d)(2), and make that information and those 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 required under subsection (d)(1) and action plan required under subsection (d)(2).
(4)
Agreements
In carrying out paragraph (3), the Program Director may enter into agreements, as applicable, with relevant Federal agencies and non-Federal entities.
(5)
Advisory council
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—
(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 requirements
The Program Director shall submit to Congress, and make available on a public website, the action plan required under subsection (d)(2), updates to that action plan 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 subsection (c)(4)(B);
(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)
Establishment
There is established within the Environmental Protection 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, including measurable improvements to water quality and the ecological condition of the Ohio River and the tributaries of the Ohio River.
(2)
Projects and activities
Any project or activity carried out pursuant to the Ohio River Basin Restoration Program shall be designed to accomplish at least 1 of the following goals:
(A)
Improve water quality in the Ohio River Basin and drinking water in the Ohio River States.
(B)
Increase community resilience in the Ohio River Basin to flood and storm risk, including through restoration of natural systems in the Ohio River Basin.
(C)
Protect and restore fish and wildlife habitat in the Ohio River Basin.
(D)
Prevent and control the spread of aquatic invasive species in the Ohio River Basin.
(E)
Remediate toxic substances in the Ohio River Basin.
(F)
Improve opportunities for public access and recreation in the Ohio River Basin consistent with the ecological needs of fish and wildlife habitat.
(G)
Collect, monitor, and evaluate data needed to plan, implement, and assess the effectiveness of projects or activities carried out under this section.
(H)
Improve public outreach, education, and citizen involvement in the development and implementation of projects and activities carried out under this section.
(3)
Approaches
Projects and activities carried out pursuant to the Ohio River Basin Restoration Program shall prioritize use of natural infrastructure and nature-based and non-structural solutions to the maximum extent practicable, including protecting or restoring naturally occurring hydrologic, geomorphic, and ecological functions and processes.
(4)
Project and activity implementation
(A)
In general
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)(2).
(B)
Grant authority
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).
(5)
Project and activity selection
(A)
In general
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—
(i)
the selection of projects and activities that are reasonably expected to achieve measurable improvements to water quality and the ecological condition of the Ohio River while ensuring geographic distribution of projects and activities across the Ohio River Basin over time;
(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)(2);
(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)
Compatibility
The 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 goals
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—
(A)
be measurable and reportable; and
(B)
include criteria for measuring the success of the goals in making progress toward restoring the ecological health and resilience of the Ohio River Basin.
(2)
Action plan
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).
(3)
Contents
The Program Director shall include in the action plan required 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—
(i)
to—
(I)
advancing systemic, large-scale restoration and protection of the Ohio River Basin; and
(II)
improving water quality within the Ohio River and the tributaries of the Ohio River; and
(ii)
that, where appropriate, leverages existing Federal, State, and Tribal programs;
(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 recommendations
The action plan required under paragraph (2) 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 those projects or activities.
(5)
Updates
Not less frequently than once every 5 years, the Program Director shall review and update the actionable goals required under paragraph (1) and the action plan required under paragraph (2).
(6)
Consultation with advisory council
In developing and updating the actionable goals required under paragraph (1) and the action plan required under paragraph (2), the Program Director shall consult with the advisory council.
(7)
Public engagement
The Program Director shall provide public notice of, and an opportunity for comment on, the actionable goals required under paragraph (1) and the action plan required under paragraph (2), including during each update period under paragraph (5).
(e)
Funding
(1)
Authorization of appropriations
There is authorized to be appropriated to carry out this section $350,000,000 for each of fiscal years 2027 through 2031.
(2)
Transfer of funds to Federal entities
With 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 that Federal 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 item
The Administrator shall, in the annual budget submission of the Environmental Protection Agency to Congress, include a funding request for the Ohio River Basin Restoration Program as a separate budget line item.
 .