,,ii #aaith ,,congress #b;d ,session ,s4 #cgif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #e1 #bjbf,mr4 ,fetterman 7for himself and ,mr4 ,young7 introduced the following bill2 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 ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ohio ,river ,restoration ,program ,act of #bjbf4 #b4 ,ohio ,river ,basin ,restoration ,program ,title ,i of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 is amended by adding at the end the following3 #abg4 ,ohio ,river ,basin ,restoration ,program 7a7 ,definitions ,in this section3 7#a7 ,advisory council ,the term advisory council means the advisory council established under subsection 7b77#e74 7#b7 ,ohio ,river ,basin ,the term ,ohio ,river ,basin means the portions of each ,ohio ,river ,state that contain the watershed of the ,ohio ,river4 7#c7 ,ohio ,river ,basin ,restoration ,program ,the term ,ohio ,river ,basin ,restoration ,program means the ,ohio ,river ,basin ,restoration ,program established by subsection 7c77#a74 7#d7 ,ohio ,river ,state ,the term ,ohio ,river ,state means each of the ,states of ,ohio1 ,kentucky1 ,west ,virginia1 ,pennsylvania1 ,indiana1 ,illinois1 ,new ,york1 ,virginia1 ,maryland1 ,north ,carolina1 ,georgia1 ,alabama1 ,tennessee1 ,mississippi1 and ,south ,carolina4 7#e7 ,program ,director ,the term ,program ,director means the ,director of the ,program ,office appointed under subsection 7b77#b74 7#f7 ,program ,office ,the term ,program ,office means the ,ohio ,river ,national ,program ,office established under subsection 7b77#a74 7#g7 ,tribal ,government ,the term ,tribal ,government means the recognized governing body of any ,indian tribe individually identified 7including parenthetically7 in the list published under section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7b7 ,ohio ,river ,national ,program ,office 7#a7 ,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 ,program4 7#b7 ,program ,director ,the ,program ,office shall be headed by a ,program ,director1 appointed by the ,administrator1 who1 by reason of management experience and technical expertise relating to the ,ohio ,river1 is highly qualified to direct the development of programs and plans on a variety of issues related to restoration of the ,ohio ,river ,basin4 7#c7 ,functions ,the ,program ,director shall-- 7,a7 coordinate actions of the ,environmental ,protection ,agency that seek to protect and restore the ,ohio ,river ,basin2 7,b7 develop1 implement1 and update the ,ohio ,river ,basin ,restoration ,program and action plan required under subsection 7d77#b71 in coordination with the advisory council2 7,c7 document information and updates related to the development and implementation of the ,ohio ,river ,basin ,restoration ,program and action plan required under subsection 7d77#b71 and make that information and those updates available to the public1 including on a public website2 and 7,d7 facilitate1 in cooperation with the ,bureau of ,indian ,affairs1 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 7d77#a7 and action plan required under subsection 7d77#b74 7#d7 ,agreements ,in carrying out paragraph 7#c71 the ,program ,director may enter into agreements1 as applicable1 with relevant ,federal agencies and non-,federal entities4 7#e7 ,advisory council ,in carrying out this section1 the ,program ,director shall establish an advisory council consisting of relevant ,federal entities and non-,federal stakeholders1 including representatives from-- 7,a7 each ,state located in whole or in part in the ,ohio ,river ,basin2 7,b7 each of the lower1 middle1 and upper basins of the ,ohio ,river2 7,c7 each ,tribal ,government located in the ,ohio ,river ,basin2 and 7,d7 the ,ohio ,river ,valley ,water ,sanitation ,commission4 7#f7 ,reporting requirements ,the ,program ,director shall submit to ,congress1 and make available on a public website1 the action plan required under subsection 7d77#b71 updates to that action plan required by this section1 and an annual report describing-- 7,a7 progress made in implementing the ,ohio ,river ,basin ,restoration ,program2 7,b7 coordination of the ,ohio ,river ,basin ,restoration ,program with other ,federal1 ,state1 ,tribal1 and local programs2 7,c7 any funds transferred to relevant ,federal agencies under this section2 7,d7 any grants awarded under subsection 7c77#d77;,b72 7,e7 specific projects and activities carried out pursuant to this section2 and 7,f7 agreements with relevant ,federal agencies and non-,federal entities4 7c7 ,ohio river basin restoration program 7#a7 ,establishment ,there is established within the ,environmental ,protection ,agency the ,ohio ,river ,basin ,restoration ,program to carry out projects and activities that advance systemic1 large-scale restoration and protection of the ,ohio ,river ,basin1 including measurable improvements to water quality and the ecological condition of the ,ohio ,river and the tributaries of the ,ohio ,river4 7#b7 ,projects and activities ,any project or activity carried out pursuant to the ,ohio ,river ,basin ,restoration ,program shall be designed to accomplish at least #a of the following goals3 7,a7 ,improve water quality in the ,ohio ,river ,basin and drinking water in the ,ohio ,river ,states4 7,b7 ,increase community resilience in the ,ohio ,river ,basin to flood and storm risk1 including through restoration of natural systems in the ,ohio ,river ,basin4 7,c7 ,protect and restore fish and wildlife habitat in the ,ohio ,river ,basin4 7,d7 ,prevent and control the spread of aquatic invasive species in the ,ohio ,river ,basin4 7,e7 ,remediate toxic substances in the ,ohio ,river ,basin4 7,f7 ,improve opportunities for public access and recreation in the ,ohio ,river ,basin consistent with the ecological needs of fish and wildlife habitat4 7,g7 ,collect1 monitor1 and evaluate data needed to plan1 implement1 and assess the effectiveness of projects or activities carried out under this section4 7,h7 ,improve public outreach1 education1 and citizen involvement in the development and implementation of projects and activities carried out under this section4 7#c7 ,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 practicable1 including protecting or restoring naturally occurring hydrologic1 geomorphic1 and ecological functions and processes4 7#d7 ,project and activity implementation 7,a7 ,in general ,funds made available to carry out the ,ohio ,river ,basin ,restoration ,program may be used to plan1 design1 implement1 or construct projects and activities described in paragraph 7#b7 that are carried out by a relevant ,federal agency or by a non-,federal entity in accordance with the action plan developed under subsection 7d77#b74 7,b7 ,grant authority ,the ,program ,director may make a grant to1 or otherwise enter into an agreement with1 any non-,federal entity 7including any ,state1 interstate1 regional1 local1 or ,tribal ,governmental entity1 nonprofit organization1 institution of higher education1 or individual7 that the ,program ,director determines is qualified to carry out a project or activity described in paragraph 7#b74 7#e7 ,project and activity selection 7,a7 ,in general ,the ,program ,director1 in collaboration with the advisory council1 shall select projects and activities to be implemented pursuant to the ,ohio ,river ,basin ,restoration ,program using appropriate principles and criteria1 including-- 7i7 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 time2 7ii7 the ability of a project or activity to achieve strategic1 measurable1 and reportable environmental outcomes in accordance with the action plan developed under subsection 7d77#b72 7iii7 the recognition that projects and activities may provide economic benefits to local or regional communities or to the entire ,ohio ,river ,basin2 7iv7 the feasibility of prompt implementation1 timely achievement of measurable results1 and resource leveraging2 and 7v7 the opportunity to reduce duplication and improve measurable environmental outcomes4 7,b7 ,compatibility ,the ,program ,director shall ensure that projects and activities carried out under this section are compatible with-- 7i7 the ability of the ,corps of ,engineers to maintain navigation and other ,federal projects in the ,ohio ,river2 and 7ii7 the structural integrity or effectiveness of ,federal1 ,state1 local1 or ,tribal disaster risk reduction infrastructure4 7d7 ,actionable goals and action plan 7#a7 ,actionable goals ,not later than #a year after the date of enactment of this section1 the ,program ,director shall develop actionable goals for the ,ohio ,river ,basin ,restoration ,program1 which shall-- 7,a7 be measurable and reportable2 and 7,b7 include criteria for measuring the success of the goals in making progress toward restoring the ecological health and resilience of the ,ohio ,river ,basin4 7#b7 ,action plan ,not later than #b years after the date of enactment of this section1 the ,program ,director shall develop an action plan for advancing the actionable goals developed under paragraph 7#a74 7#c7 ,contents ,the ,program ,director shall include in the action plan required under paragraph 7#b7-- 7,a7 a description of existing ,federal1 ,state1 ,tribal1 and regional commissions1 and regional plans1 programs1 and activities affecting the ,ohio ,river ,basin that may be used to advance the ,ohio ,river ,basin ,restoration ,program2 7,b7 recommendations for a comprehensive approach-- 7i7 to-- 7,i7 advancing systemic1 large-scale restoration and protection of the ,ohio ,river ,basin2 and 7,,ii7 improving water quality within the ,ohio ,river and the tributaries of the ,ohio ,river2 and 7ii7 that1 where appropriate1 leverages existing ,federal1 ,state1 and ,tribal programs2 7,c7 a multi-year plan that identifies specific objectives with corresponding commitments for activities1 research1 and measures for progress2 and 7,d7 a plan to maintain and monitor the implementation of any specific projects or activities identified in the action plan4 7#d7 ,project and activity recommendations ,the action plan required under paragraph 7#b7 may include recommendations for specific projects or activities that advance the action plan objectives1 including timelines1 anticipated costs1 and the identification of entities responsible for carrying out those projects or activities4 7#e7 ,updates ,not less frequently than once every #e years1 the ,program ,director shall review and update the actionable goals required under paragraph 7#a7 and the action plan required under paragraph 7#b74 7#f7 ,consultation with advisory council ,in developing and updating the actionable goals required under paragraph 7#a7 and the action plan required under paragraph 7#b71 the ,program ,director shall consult with the advisory council4 7#g7 ,public engagement ,the ,program ,director shall provide public notice of1 and an opportunity for comment on1 the actionable goals required under paragraph 7#a7 and the action plan required under paragraph 7#b71 including during each update period under paragraph 7#e74 7e7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #cej1jjj1jjj for each of fiscal years #bjbg through #bjca4 7#b7 ,transfer of funds to ,federal entities ,with funds made available to carry out this section for each fiscal year1 the ,administrator may-- 7,a7 transfer funds to the head of any relevant ,federal agency1 with the concurrence of the head of that ,federal agency1 to carry out activities in accordance with this section2 and 7,b7 enter into an interagency agreement with the head of any relevant ,federal agency to carry out activities in accordance with this section4 7f7 ,budget item ,the ,administrator shall1 in the annual budget submission of the ,environmental ,protection ,agency to ,congress1 include a funding request for the ,ohio ,river ,basin ,restoration ,program as a separate budget line item4 4