CLEAN–UP Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7268 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 7268

   To allow the Secretary of the Army to carry out authorized water
development projects that address contaminated sediments pursuant to a
 joint remediation plan developed in coordination with the non-Federal
    interest and approved by the Administrator of the Environmental
               Protection Agency, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2026

  Ms. Pou (for herself and Ms. Malliotakis) introduced the following
 bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
                          committee concerned

_______________________________________________________________________

                                 A BILL

   To allow the Secretary of the Army to carry out authorized water
development projects that address contaminated sediments pursuant to a
 joint remediation plan developed in coordination with the non-Federal
    interest and approved by the Administrator of the Environmental
               Protection Agency, 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 ``Coordinated Leadership for
Environmental and Aquatic Needs-Unified Planning Act'' or the ``CLEAN-
UP Act''.

SEC. 2. REMOVAL OR REMEDIATION OF CONTAMINATED SEDIMENT.

    (a) In General.--The Secretary shall not be liable under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) for the release of a hazardous
substance or pollutant or contaminant resulting from any covered
activity carried out in accordance with a joint plan developed under
this section by the Secretary, in coordination with the non-Federal
interest for the covered activity, and approved by the Administrator.
    (b) Joint Plan.--A joint plan developed under subsection (a)
shall--
            (1) ensure that the covered activity protects human health
        and the environment; and
            (2) include--
                    (A) relevant and appropriate requirements of the
                National Contingency Plan;
                    (B) a description of the work to be undertaken;
                    (C) identification of--
                            (i) the method to be used for dredged
                        material disposal;
                            (ii) the roles and responsibilities of the
                        Secretary and non-Federal interest; and
                            (iii) sources of funding; and
                    (D) such other terms and conditions as the
                Administrator determines necessary.
    (c) Consultation; Public Comment.--In developing a joint plan under
subsection (a), the Secretary shall--
            (1) consult with interested Federal, State, and local
        government officials; and
            (2) provide an opportunity for public comment.
    (d) Obligations of the Secretary.--Prior to carrying out any
covered activity pursuant to a joint plan developed under subsection
(a), the Secretary shall--
            (1) document any hazardous substance or pollutant or
        contaminant present in the contaminated sediment to be removed
        or remediated; and
            (2) seek to identify any person potentially responsible for
        the release of such hazardous substance or pollutant or
        contaminant.
    (e) Cost Recovery.--Nothing in this section affects the
responsibility of the Federal Government to seek recovery under the
Comprehensive Environmental Response, Cleanup, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) from responsible parties of response
costs incurred by the Secretary in carrying out a covered activity.
    (f) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Contaminated sediment.--The term ``contaminated
        sediment'' means sediment in which a hazardous substance or
        pollutant or contaminant is present.
            (3) Covered activity.--The term ``covered activity'' means
        the removal or remediation of contaminated sediment pursuant
        to--
                    (A) a water resources development project
                specifically authorized by Congress for such purpose;
                or
                    (B) section 312(f) of the Water Resources
                Development Act of 1990 (33 U.S.C. 1272(f)).
            (4) Hazardous substance.--The term ``hazardous substance''
        has the meaning given that term in section 101 of the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9601).
            (5) National contingency plan.--The term ``National
        Contingency Plan'' means the national contingency plan
        published under section 105 of the Comprehensive Environmental
        Response, Compensation, and Liability Act of 1980 (42 U.S.C.
        9601).
            (6) Pollutant or contaminant.--The term ``pollutant or
        contaminant'' has the meaning given that term in section 101 of
        the Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9601).
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of the Army, acting through the Chief of Engineers.
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