Ohio River Restoration Program Act of 2026

Bill Number

S. 3796

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2026-02-05: Read twice and referred to the Committee on Environment and Public Works.

Last Updated

2026-02-27T18:59:10Z

AI-Generated Summary

Purpose of the Legislation

The Ohio River Restoration Program Act of 2026 amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to create a dedicated program for restoring and protecting the Ohio River Basin. The goal is to achieve large-scale improvements in water quality, ecological health, and resilience across the watershed, which spans multiple states, through coordinated federal efforts.

Key Provisions

• Establishment of Program Office and Leadership: Creates the Ohio River National Program Office within the Environmental Protection Agency (EPA). This office is led by a Program Director, appointed by the EPA Administrator, who must have expertise in Ohio River-related issues. The Director coordinates EPA actions, develops and updates restoration plans, shares public information (including via a website), and consults with Tribal governments (the recognized governing bodies of Native American tribes).

• Advisory Council: The Program Director forms an advisory council including representatives from Ohio River Basin states, different river basin regions (upper, middle, lower), Tribal governments, and the Ohio River Valley Water Sanitation Commission (a regional body focused on water pollution control). The council helps guide program development.

• Restoration Program Goals and Activities: Establishes the Ohio River Basin Restoration Program to fund and implement projects that:
• Improve water quality and drinking water supplies.
• Build community resilience to floods and storms, often by restoring natural landscapes.
• Protect and restore habitats for fish and wildlife.
• Control aquatic invasive species (non-native organisms that harm ecosystems).
• Clean up toxic pollutants.
• Enhance public access and recreation while respecting wildlife needs.
• Gather data to monitor progress.
• Promote public education and involvement.

Projects prioritize "natural infrastructure" (solutions like wetlands or forests that mimic nature) over built structures where possible.

• Project Implementation and Selection: Funds can support planning, design, construction, or grants to federal agencies, states, tribes, local governments, nonprofits, universities, or individuals. Selection criteria emphasize measurable environmental results, geographic balance across the basin, economic benefits, quick implementation, and avoiding overlap with existing efforts. Projects must not interfere with navigation (maintained by the U.S. Army Corps of Engineers) or disaster infrastructure.

• Actionable Goals and Plan: Within one year of enactment, the Program Director develops measurable goals for ecological restoration. Within two years, an action plan outlines how to achieve them, including integration with existing federal, state, and tribal programs; multi-year objectives; monitoring strategies; and recommendations for specific projects (with costs and timelines). The plan is updated every five years, with input from the advisory council and public comments.

• Reporting and Funding: Annual reports to Congress detail progress, coordination, fund uses, grants, and projects. Authorizes $350 million annually from fiscal years 2027 through 2031. Funds can be transferred to other federal agencies (with their agreement) or used via interagency pacts. The EPA must request this as a separate line item in its budget.

Significant Changes to Existing Law

This bill adds a new Section 127 to Title I of the Clean Water Act, introducing the first federal program specifically targeted at the Ohio River Basin's restoration. Previously, the Clean Water Act provided general tools for pollution control and water quality but lacked a dedicated office, advisory structure, or basin-specific funding mechanism for large-scale ecological projects. It builds on existing interstate commissions but creates new federal coordination and grant authorities.

Potential Impacts

• Government Agencies: Expands EPA's role in regional water management, requiring new staffing and coordination with agencies like the U.S. Army Corps of Engineers (for navigation) and Bureau of Indian Affairs (for tribal consultations). Other federal bodies may receive fund transfers, potentially streamlining multi-agency efforts but increasing administrative workload.

• Citizens: Residents of the 15 affected states (Ohio, Kentucky, West Virginia, Pennsylvania, Indiana, Illinois, New York, Virginia, Maryland, North Carolina, Georgia, Alabama, Tennessee, Mississippi, and South Carolina) could benefit from cleaner drinking water, reduced flood risks, better recreation opportunities, and healthier ecosystems. Local economies may gain from job-creating restoration projects, though benefits depend on fund allocation.

• International Relations: No direct impacts, as the program focuses on domestic U.S. watersheds without cross-border elements.

Main Stakeholders Affected

• Federal Government: Primarily the EPA (leading implementation), with involvement from other agencies like the Corps of Engineers and Bureau of Indian Affairs.
• State and Local Governments: The 15 Ohio River States, which provide advisory input and may receive grants for projects.
• Tribal Governments: Native American tribes in the basin, ensured early consultation to address their priorities.
• Regional and Non-Profit Entities: The Ohio River Valley Water Sanitation Commission; nonprofits, universities, and local communities eligible for grants.
• General Public and Businesses: Communities along the river benefiting from environmental improvements; industries (e.g., agriculture, manufacturing) potentially affected by pollution controls or habitat restorations.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens federal authority under the Clean Water Act for interstate water resources, emphasizing grants and partnerships that could reduce litigation over pollution by promoting collaborative restoration. Ensures compatibility with existing federal projects, minimizing conflicts.

• Constitutional: Relies on Congress's power to regulate interstate commerce and navigable waters (under the Commerce Clause), as the Ohio River supports trade and crosses state lines. Tribal consultations align with federal trust responsibilities to Native American tribes.

• Political: Promotes bipartisan environmental action (introduced by Senators from different parties) in politically significant industrial and rural regions. The five-year funding authorization provides stability but requires ongoing congressional approval, potentially influencing future budget debates on environmental priorities.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Fetterman, John [D-PA]

Cosponsors (1)

Sen. Young, Todd [R-IN]

Recent Actions

• 2026-02-05: Read twice and referred to the Committee on Environment and Public Works.
• 2026-02-05: Introduced in Senate

Bill Versions

• Ohio River Restoration Program Act of 2026 — issued 2026-02-05 — PDF (14 pages)