[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10432 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10432
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
December 16, 2024
Mr. McGarvey (for himself, Mrs. Houchin, Mr. Landsman, and Mr. Deluzio)
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 Basin 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.
``(a) Definitions.--In this section:
``(1) Agency.--The term `Agency' means the Environmental
Protection Agency.
``(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 this section.
``(4) 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, or Mississippi.
``(5) Program office.--The term `Program Office' means the
Ohio River National Program Office established under this
section.
``(6) Program director.--The term `Program Director' means
the Director of the Program Office.
``(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 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 relevant Federal
agencies and non-Federal entities;
``(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;
``(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; and
``(E) submit to Congress, and make available on a
public website, the action plan and updates required by
this section, and an annual report describing--
``(i) progress made in implementing the
Ohio River Basin Restoration Program;
``(ii) coordination of the Ohio River Basin
Restoration Program with other Federal, State,
Tribal, and local programs;
``(iii) any funds transferred to relevant
Federal agencies under this section;
``(iv) any grants awarded under this
section;
``(v) specific projects and activities
carried out pursuant to this section; and
``(vi) agreements with relevant Federal
agencies and non-Federal entities.
``(4) Agreements.--In carrying out paragraph (3), the
Program Director may enter into agreements, as applicable, 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 advance
systemic, large-scale restoration 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
through--
``(i) reductions in the amount of polluted
runoff, excess agricultural nutrients, and
sediment reaching the Ohio River; and
``(ii) improvements in water source
protections.
``(B) Improvement of community resilience through
restoration of natural systems in the Ohio River Basin
to minimize and ameliorate flood and storm risks.
``(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 and mine-
related pollution.
``(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) Improvement of water management to enhance
outcomes for fish and wildlife and reduce flood risks.
``(H) Collection, monitoring, and evaluation of
data needed to plan, implement, and assess the
effectiveness of projects or activities carried out
under this section.
``(I) 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
under this section shall prioritize use of natural, 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 implementation.--
``(A) In general.--Funds made available to carry
out the Ohio River Basin Restoration Program may be
used to implement projects and activities described in
paragraph (2) that are carried out by a relevant
Federal agency or by a non-Federal entity.
``(B) Grant authority.--The Program Director, or
the head of any other Federal agency receiving funds to
carry out the Ohio River Basin Restoration Program, may
make a grant to, or otherwise enter into an agreement
with, any non-Federal entity (including any State,
local, or Tribal governmental entity, nonprofit
organization, institution of higher education, or
individual) that the Program Director or agency head
determines is qualified to carry out a project or
activity described in paragraph (2).
``(5) Project selection.--
``(A) In general.--In carrying out the Ohio River
Basin Restoration Program, the Program Director shall
collaborate with relevant Federal agencies to select
projects and activities to be implemented pursuant to
this section 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 and measurable
environmental outcomes;
``(iii) the recognition that projects and
activities may provide 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 improve
interagency, intergovernmental, and
interorganizational coordination and
collaboration 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 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 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
to advancing systemic, large-scale restoration of the
Ohio River Basin that, where appropriate, leverages
existing Federal and State 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 monitor the implementation of any
specific projects or activities identified in the
action plan.
``(4) Project 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 the implementation of 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) Coordination and consultation.--In developing and
updating the actionable goals and action plan under this
subsection, the Program Director shall--
``(A) consult with Ohio River States, Tribal
Governments within those States, the Secretary of the
Interior, the Chief of Engineers, and the Secretary of
Agriculture;
``(B) engage with relevant Federal agencies, local
governments, nongovernmental organizations,
institutions of higher education, interstate compact
agencies, and members of the public;
``(C) provide public notice and an opportunity for
comment; and
``(D) engage an independent, scientific panel to
review the scientific credibility of the action plan to
optimize the likelihood of successful restoration at
appropriate scales.
``(e) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this section.
``(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.
``(3) Limitations.--No funds made available to carry out
this section may be used for any water infrastructure activity
for which financial assistance is received--
``(A) from a State water pollution control
revolving fund established under section 603;
``(B) from a State drinking water revolving loan
fund established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12); or
``(C) pursuant to the Water Infrastructure Finance
and Innovation Act of 2014 (33 U.S.C. 3901 et seq.).
``(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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