[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3796 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3796
To amend the Federal Water Pollution Control Act to establish an Ohio
River Basin Restoration Program, and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ohio River Restoration Program Act
of 2026''.
SEC. 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:
``SEC. 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.''.
<all>
Ohio River Restoration Program Act of 2026
#3796 | S Congress #119
Policy Area: Environmental Protection
Subjects:
Last Action: Read twice and referred to the Committee on Environment and Public Works. (2/5/2026)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text