H.R. 7268

[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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