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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10432 Introduced in House (IH)]

<DOC>

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.''.
                                 <all>
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