I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ohio River Basin Res5 toration Program Act’’. 

6 SEC. 2. OHIO RIVER BASIN RESTORATION PROGRAM. 

7 Title I of the Federal Water Pollution Control Act 

8 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

9 the following: 


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1 ‘‘SEC. 127. OHIO RIVER. 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) AGENCY.—The term ‘Agency’ means the 

4 Environmental Protection Agency. 

5 ‘‘(2) OHIO RIVER BASIN.—The term ‘Ohio 

6 River Basin’ means the portions of each Ohio River 

7 State that contain the watershed of the Ohio River. 

8 ‘‘(3) OHIO RIVER BASIN RESTORATION PRO9 GRAM.—The term ‘Ohio River Basin Restoration 

10 Program’ means the Ohio River Basin Restoration 

11 Program established by this section. 

12 ‘‘(4) OHIO RIVER STATE.—The term ‘Ohio 

13 River State’ means Ohio, Kentucky, West Virginia, 

14 Pennsylvania, Indiana, Illinois, New York, Virginia, 

15 Maryland, North Carolina, Georgia, Alabama, Ten16 nessee, or Mississippi. 

17 ‘‘(5) PROGRAM OFFICE.—The term ‘Program 

18 Office’ means the Ohio River National Program Of19 fice established under this section. 

20 ‘‘(6) PROGRAM DIRECTOR.—The term ‘Program 

21 Director’ means the Director of the Program Office. 

22 ‘‘(7) TRIBAL GOVERNMENT.—The term ‘Tribal 

23 Government’ means the recognized governing body 

24 of any Indian tribe individually identified (including 

25 parenthetically) in the list published under section 


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1 104 of the Federally Recognized Indian Tribe List 

2 Act of 1994 (25 U.S.C. 5131). 

3 ‘‘(b) OHIO RIVER NATIONAL PROGRAM OFFICE.— 

4 ‘‘(1) IN GENERAL.—The Administrator shall es5 tablish an Ohio River National Program Office with6 in the Agency to carry out the Ohio River Basin 

7 Restoration Program. 

8 ‘‘(2) PROGRAM DIRECTOR.—The Program Of9 fice shall be headed by a Program Director, ap10 pointed by the Administrator, who, by reason of 

11 management experience and technical expertise re12 lating to the Ohio River, is highly qualified to direct 

13 the development of programs and plans on a variety 

14 of issues related to restoration of the Ohio River 

15 Basin. 

16 ‘‘(3) FUNCTIONS.—The Program Director 

17 shall— 

18 ‘‘(A) coordinate actions of the Agency that 

19 seek to protect and restore the Ohio River 

20 Basin; 

21 ‘‘(B) develop, implement, and update the 

22 Ohio River Basin Restoration Program and ac23 tion plan required by this section, in coordina24 tion with relevant Federal agencies and non25 Federal entities; 


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1 ‘‘(C) document information and updates 

2 related to the development and implementation 

3 of the Ohio River Basin Restoration Program 

4 and action plan required by this section, and 

5 make such information and updates available to 

6 the public, including on a public website; 

7 ‘‘(D) facilitate, in cooperation with the Bu8 reau of Indian Affairs, engagement and con9 sultation with Tribal Governments and Tribal 

10 organizations to ensure Tribal needs and prior11 ities are solicited early and throughout the de12 velopment of the actionable goals and action 

13 plan required by this section; and 

14 ‘‘(E) submit to Congress, and make avail15 able on a public website, the action plan and 

16 updates required by this section, and an annual 

17 report describing— 

18 ‘‘(i) progress made in implementing 

19 the Ohio River Basin Restoration Pro20 gram; 

21 ‘‘(ii) coordination of the Ohio River 

22 Basin Restoration Program with other 

23 Federal, State, Tribal, and local programs; 

24 ‘‘(iii) any funds transferred to rel25 evant Federal agencies under this section; 


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1 ‘‘(iv) any grants awarded under this 

2 section; 

3 ‘‘(v) specific projects and activities 

4 carried out pursuant to this section; and 

5 ‘‘(vi) agreements with relevant Fed6 eral agencies and non-Federal entities. 

7 ‘‘(4) AGREEMENTS.—In carrying out paragraph 

8 (3), the Program Director may enter into agree9 ments, as applicable, with relevant Federal agencies 

10 and non-Federal entities. 

11 ‘‘(c) OHIO RIVER BASIN RESTORATION PROGRAM.— 

12 ‘‘(1) ESTABLISHMENT.—There is established 

13 within the Agency the Ohio River Basin Restoration 

14 Program to advance systemic, large-scale restoration 

15 of the Ohio River Basin. 

16 ‘‘(2) ACTIVITIES.—Any project or activity car17 ried out pursuant to the Ohio River Basin Restora18 tion Program shall be designed to address at least 

19 1 of the following: 

20 ‘‘(A) Improvement of water quality in the 

21 Ohio River Basin and drinking water in the 

22 Ohio River States through— 

23 ‘‘(i) reductions in the amount of pol24 luted runoff, excess agricultural nutrients, 

25 and sediment reaching the Ohio River; and 


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1 ‘‘(ii) improvements in water source 

2 protections. 

3 ‘‘(B) Improvement of community resilience 

4 through restoration of natural systems in the 

5 Ohio River Basin to minimize and ameliorate 

6 flood and storm risks. 

7 ‘‘(C) Protection and restoration of fish and 

8 wildlife habitat in the Ohio River Basin. 

9 ‘‘(D) Prevention and control of the spread 

10 of aquatic invasive species in the Ohio River 

11 Basin. 

12 ‘‘(E) Remediation of toxic substances and 

13 mine-related pollution. 

14 ‘‘(F) Improvement of opportunities for 

15 public access and recreation in the Ohio River 

16 Basin consistent with the ecological needs of 

17 fish and wildlife habitat. 

18 ‘‘(G) Improvement of water management 

19 to enhance outcomes for fish and wildlife and 

20 reduce flood risks. 

21 ‘‘(H) Collection, monitoring, and evalua22 tion of data needed to plan, implement, and as23 sess the effectiveness of projects or activities 

24 carried out under this section. 


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1 ‘‘(I) Improvement of public outreach, edu2 cation, and citizen involvement in the develop3 ment and implementation of projects and activi4 ties carried out under this section. 

5 ‘‘(3) APPROACHES.—Projects and activities car6 ried out under this section shall prioritize use of nat7 ural, nature-based, and non-structural solutions to 

8 the maximum extent practicable, including— 

9 ‘‘(A) protecting or restoring naturally oc10 curring hydrologic, geomorphic, and ecological 

11 functions and processes; and 

12 ‘‘(B) removing or modifying structures 

13 such as culverts, levees, and dams to restore ec14 ological functions and processes. 

15 ‘‘(4) PROJECT IMPLEMENTATION.— 

16 ‘‘(A) IN GENERAL.—Funds made available 

17 to carry out the Ohio River Basin Restoration 

18 Program may be used to implement projects 

19 and activities described in paragraph (2) that 

20 are carried out by a relevant Federal agency or 

21 by a non-Federal entity. 

22 ‘‘(B) GRANT AUTHORITY.—The Program 

23 Director, or the head of any other Federal 

24 agency receiving funds to carry out the Ohio 

25 River Basin Restoration Program, may make a 


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1 grant to, or otherwise enter into an agreement 

2 with, any non-Federal entity (including any 

3 State, local, or Tribal governmental entity, non4 profit organization, institution of higher edu5 cation, or individual) that the Program Director 

6 or agency head determines is qualified to carry 

7 out a project or activity described in paragraph 

8 (2). 

9 ‘‘(5) PROJECT SELECTION.— 

10 ‘‘(A) IN GENERAL.—In carrying out the 

11 Ohio River Basin Restoration Program, the 

12 Program Director shall collaborate with rel13 evant Federal agencies to select projects and 

14 activities to be implemented pursuant to this 

15 section using appropriate principles and cri16 teria, including— 

17 ‘‘(i) the selection of projects and ac18 tivities that are equitably distributed 

19 throughout the Ohio River Basin; 

20 ‘‘(ii) the ability of a project or activity 

21 to achieve strategic and measurable envi22 ronmental outcomes; 

23 ‘‘(iii) the recognition that projects and 

24 activities may provide benefits to local or 


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1 regional communities, or to the entire Ohio 

2 River Basin; 

3 ‘‘(iv) the feasibility of prompt imple4 mentation, timely achievement of measur5 able results, and resource leveraging; and 

6 ‘‘(v) the opportunity to improve inter7 agency, intergovernmental, and inter8 organizational coordination and collabora9 tion to reduce duplication and improve 

10 measurable environmental outcomes. 

11 ‘‘(B) COMPATIBILITY.—The Program Di12 rector shall ensure that projects and activities 

13 carried out under this section are compatible 

14 with— 

15 ‘‘(i) the ability of the Corps of Engi16 neers to maintain navigation in the Ohio 

17 River; and 

18 ‘‘(ii) the structural integrity or effec19 tiveness of Federal, State, local, or Tribal 

20 disaster risk reduction infrastructure. 

21 ‘‘(d) ACTIONABLE GOALS AND ACTION PLAN.— 

22 ‘‘(1) ACTIONABLE GOALS.—Not later than 1 

23 year after the date of enactment of this section, the 

24 Program Director shall develop actionable goals for 

25 the Ohio River Basin Restoration Program, which 


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1 shall be measurable and shall include criteria for 

2 measuring their success in making progress toward 

3 restoring the ecological health and resilience of the 

4 Ohio River Basin. 

5 ‘‘(2) ACTION PLAN.—Not later than 2 years 

6 after the date of enactment of this section, the Pro7 gram Director shall develop an action plan for ad8 vancing the actionable goals developed under para9 graph (1). 

10 ‘‘(3) CONTENTS.—The Program Director shall 

11 include in the action plan developed under para12 graph (2)— 

13 ‘‘(A) a description of existing Federal, 

14 State, Tribal, and regional commissions, and re15 gional plans, programs, and activities affecting 

16 the Ohio River Basin, that may be used to ad17 vance the Ohio River Basin Restoration Pro18 gram; 

19 ‘‘(B) recommendations for a comprehensive 

20 approach to advancing systemic, large-scale res21 toration of the Ohio River Basin that, where 

22 appropriate, leverages existing Federal and 

23 State programs; 

24 ‘‘(C) a multi-year plan that identifies spe25 cific objectives with corresponding commitments 


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1 for activities, research, and measures for 

2 progress; and 

3 ‘‘(D) a plan to monitor the implementation 

4 of any specific projects or activities identified in 

5 the action plan. 

6 ‘‘(4) PROJECT RECOMMENDATIONS.—The ac7 tion plan may include recommendations for specific 

8 projects or activities that advance the action plan 

9 objectives, including timelines, anticipated costs, and 

10 the identification of entities responsible for the im11 plementation of such projects or activities. 

12 ‘‘(5) UPDATES.—Not less often than once every 

13 5 years, the Program Director shall review and up14 date the actionable goals and action plan developed 

15 under this subsection. 

16 ‘‘(6) COORDINATION AND CONSULTATION.—In 

17 developing and updating the actionable goals and ac18 tion plan under this subsection, the Program Direc19 tor shall— 

20 ‘‘(A) consult with Ohio River States, Trib21 al Governments within those States, the Sec22 retary of the Interior, the Chief of Engineers, 

23 and the Secretary of Agriculture; 

24 ‘‘(B) engage with relevant Federal agen25 cies, local governments, nongovernmental orgaVerDate Sep 11 2014 01:57 Jan 22, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H10432.IH H10432

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1 nizations, institutions of higher education, 

2 interstate compact agencies, and members of 

3 the public; 

4 ‘‘(C) provide public notice and an oppor5 tunity for comment; and 

6 ‘‘(D) engage an independent, scientific 

7 panel to review the scientific credibility of the 

8 action plan to optimize the likelihood of suc9 cessful restoration at appropriate scales. 

10 ‘‘(e) FUNDING.— 

11 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated such sums 

13 as may be necessary to carry out this section. 

14 ‘‘(2) TRANSFER OF FUNDS TO FEDERAL ENTI15 TIES.—With funds made available to carry out this 

16 section for each fiscal year, the Administrator 

17 may— 

18 ‘‘(A) transfer funds to the head of any rel19 evant Federal agency, with the concurrence of 

20 the head of such agency, to carry out activities 

21 in accordance with this section; and 

22 ‘‘(B) enter into an interagency agreement 

23 with the head of any relevant Federal agency to 

24 carry out activities in accordance with this sec25 tion. 


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1 ‘‘(3) LIMITATIONS.—No funds made available 

2 to carry out this section may be used for any water 

3 infrastructure activity for which financial assistance 

4 is received— 

5 ‘‘(A) from a State water pollution control 

6 revolving fund established under section 603; 

7 ‘‘(B) from a State drinking water revolving 

8 loan fund established under section 1452 of the 

9 Safe Drinking Water Act (42 U.S.C. 300j–12); 

10 or 

11 ‘‘(C) pursuant to the Water Infrastructure 

12 Finance and Innovation Act of 2014 (33 U.S.C. 

13 3901 et seq.). 

14 ‘‘(f) BUDGET ITEM.—The Administrator shall, in the 

15 Agency’s annual budget submission to Congress, include 

16 a funding request for the Ohio River Basin Restoration 

17 Program as a separate budget line item.’’. 

Æ 


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