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HR 7268

CLEAN–UP Act

119th Congress Introduced by Nicole Malliotakis and 2 co-sponsors

Creates a joint Army Corps plan with non-Federal partners, approved by EPA, to remove contaminated sediment in authorized projects under CERCLA rules and public input.

Referred to the Subcommittee on Water Resources and Environment.
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Bill Summary · HR 7268

Summary: H.R. 7268 – Coordinated Leadership for Environmental and Aquatic Needs–Unified Planning Act (CLEAN-UP Act)

Date introduced: January 27, 2026
Sponsor(s): Ms. Pou (lead), with co-sponsors Ms. Malliotakis and Ms. Scholten
Committees: House Committee on Energy and Commerce; House Committee on Transportation and Infrastructure

Purpose
- To authorize the Secretary of the Army to carry out authorized water resources projects that address contaminated sediments through a jointly developed remediation plan, coordinated with the non-Federal interest (e.g., local or state governments or private stakeholders) and approved by the Administrator of the Environmental Protection Agency (EPA).

Main goal: Facilitate the remediation and removal of contaminated sediments associated with federally authorized water resources projects by creating a joint planning framework that aligns Army Corps of Engineers activities with EPA oversight and requirements, while protecting human health and the environment.

Key Provisions and Changes

1) Joint Remediation Plan (Section 2)
- The Secretary of the Army may proceed with covered activities (removal/remediation of contaminated sediment) under a joint plan developed with a non-Federal interest and approved by the EPA Administrator.
- The joint plan must:
- Protect human health and the environment.
- Include:
- National Contingency Plan requirements (as applicable).
- A description of the work to be undertaken.
- Identification of:
- The disposal method for dredged material.
- Roles and responsibilities of the Secretary and non-Federal interest.
- Sources of funding.
- Any other terms and conditions the EPA Administrator deems necessary.

2) Consultation and Public Involvement (Section 2(c))
- Development of the joint plan must involve:
- Consultation with interested federal, state, and local government officials.
- A public comment opportunity.

3) Secretary’s Obligations (Section 2(d))
- Before undertaking any covered activity, the Secretary must:
- Document the presence of hazardous substances or pollutants/contaminants in the contaminated sediment.
- Make efforts to identify potentially responsible parties for the release.

4) Cost Recovery (Section 2(e))
- The bill clarifies that nothing alters the federal government’s obligation to seek cost recovery from potentially responsible parties under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs incurred by the Secretary.

5) Definitions (Section 2(f))
- Administrator: EPA Administrator.
- Contaminated sediment: Sediment containing a hazardous substance, pollutant, or contaminant.
- Covered activity: Removal/remediation of contaminated sediment conducted under a Congress-authorized water resources project or under section 312(f) of the Water Resources Development Act of 1990.
- Hazardous substance, National Contingency Plan, Pollutant or Contaminant: Defined per CERCLA.
- Secretary: Secretary of the Army (through the Chief of Engineers).

Impact and Stakeholders

  • Federal Agencies: Aligns Army Corps of Engineers projects with EPA oversight; formalizes joint planning and public participation.
  • Non-Federal Interests: Partners (e.g., state/local governments, tribes, or private stakeholders) gain a defined role in planning, funding, and implementing sediment remediation under federally authorized projects.
  • Environmental and Public Health: Aimed at ensuring contaminated sediments are removed/remediated in a manner protective of health and the environment, with EPA approval.
  • Potential Responsible Parties: CERCLA cost-recovery processes remain available for response costs incurred by the Secretary; the bill emphasizes identifying potentially responsible parties during planning.
  • Public and Stakeholders: Public comment requirements promote transparency.

Procedural and Timeline Aspects

  • Initiation: Requires development of a joint remediation plan prior to conducting covered activities.
  • Approval: Plan must be approved by the EPA Administrator before implementation.
  • Process: Involves intergovernmental consultation and public comment during plan development.
  • Funding: Plan must specify funding sources; cost-recovery provisions preserve existing CERCLA frameworks.

Notes
- The bill is titled the “Coordinated Leadership for Environmental and Aquatic Needs–Unified Planning Act” (CLEAN-UP Act).
- It creates a structured, collaborative framework for addressing sediment contamination within authorized water resources projects, with emphasis on interagency coordination, transparency, and adherence to national contingency and CERCLA processes.

Compiled from official sources — confirm details with the bill’s official record.

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