Ohio River Basin Restoration Program Act

In this section:

The term Agency means the Environmental Protection Agency.

The term Ohio River Basin means the portions of each Ohio River State that contain the watershed of the Ohio River.

The term Ohio River Basin Restoration Program means the Ohio River Basin Restoration Program established by this section.

The term Ohio River State means Ohio, Kentucky, West Virginia, Pennsylvania, Indiana, Illinois, New York, Virginia, Maryland, North Carolina, Georgia, Alabama, Tennessee, or Mississippi.

The term Program Office means the Ohio River National Program Office established under this section.

The term Program Director means the Director of the Program Office.

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).

The Administrator shall establish an Ohio River National Program Office within the Agency to carry out the Ohio River Basin Restoration Program.

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.

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.

In carrying out paragraph (3), the Program Director may enter into agreements, as applicable, with relevant Federal agencies and non-Federal entities.

There is established within the Agency the Ohio River Basin Restoration Program to advance systemic, large-scale restoration of the Ohio River Basin.

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.

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.

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.

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).

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.

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.

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.

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).

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.

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.

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.

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.

There are authorized to be appropriated such sums as may be necessary to carry out this section.

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.

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.).

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.