S. 3796

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3796 Introduced in Senate (IS)]

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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.''.
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