H.R. 5966

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5966 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5966

To amend the Federal Water Pollution Control Act to establish an Ohio 
River Basin Restoration Program, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 7, 2025

Mr. McGarvey (for himself, Mrs. Houchin, Mr. Rulli, Mrs. Sykes, Mr. 
Messmer, Mr. Deluzio, Mr. Shreve, and Mr. Mrvan) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure

_______________________________________________________________________

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''.

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) Agency.--The term `Agency' means the Environmental 
Protection Agency.
``(3) Ohio river basin.--The 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 program.--The term `Ohio 
River Basin Restoration Program' means the Ohio River Basin 
Restoration Program established by this section.
``(5) Ohio river state.--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.
``(6) Program director.--The term `Program Director' means 
the Director of the Program Office.
``(7) Program office.--The term `Program Office' means the 
Ohio River National Program Office established under this 
section.
``(8) 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 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 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) 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 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) Establishment.--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.
``(2) Activities.--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:
``(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) Approaches.--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--
``(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 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).
``(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 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) 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 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 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 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 recommendations.--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.
``(5) Updates.--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.
``(6) Consultation with advisory council.--In developing 
and updating the actionable goals and action plan under this 
subsection, 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 and action plan developed under this 
subsection, 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 2026 through 2030.
``(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 
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 Item.--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.''.
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