CLEAN–UP Act

Bill Number

H.R. 7268

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2026-01-28: Referred to the Subcommittee on Water Resources and Environment.

Last Updated

2026-07-09T20:41:16Z

AI-Generated Summary

Purpose

The CLEAN-UP Act aims to facilitate the removal or remediation of contaminated sediments in U.S. waterways by authorizing the Secretary of the Army (through the U.S. Army Corps of Engineers) to conduct specific water development projects. It establishes a coordinated process involving non-Federal partners (such as state or local governments or private entities) and requires approval from the Environmental Protection Agency (EPA) to ensure environmental safety, while providing liability protections for the federal government.

Key Provisions

• Liability Protection: The Secretary of the Army is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, a federal law addressing hazardous waste cleanup) for any release of hazardous substances (toxic chemicals) or pollutants during "covered activities" if they follow an approved joint remediation plan.
• Joint Remediation Plan Requirements:
• Must protect human health and the environment.
• Incorporates elements from the National Contingency Plan (a federal blueprint for responding to oil spills and hazardous substance releases).
• Includes a detailed description of the work, methods for disposing of dredged (dug-up) materials, roles and responsibilities of the Army Corps and non-Federal partners, funding sources, and any additional terms set by the EPA Administrator.
• Development Process:
• The Army Corps must consult with Federal, state, and local officials.
• Public comment opportunities are required.
• Before starting work, the Army Corps must document contaminants in the sediment and try to identify responsible parties (e.g., polluters).
• Cost Recovery: The federal government retains the right to recover cleanup costs from responsible parties under CERCLA.
• Definitions:
• "Covered activity": Removal or remediation of contaminated sediments under Congress-authorized water projects or specific provisions of the 1990 Water Resources Development Act (which deals with aquatic ecosystem restoration).
• Other terms like "hazardous substance," "pollutant or contaminant," and "National Contingency Plan" are defined by reference to CERCLA.

Significant Changes to Existing Law

• Introduces explicit liability immunity for the Army Corps under CERCLA for sediment remediation activities, which previously could expose the federal government to lawsuits or cleanup cost responsibilities even when acting in good faith.
• Creates a streamlined "joint plan" framework that integrates EPA oversight with Army Corps projects, potentially reducing bureaucratic delays compared to separate CERCLA processes.
• Preserves CERCLA's core enforcement tools, such as cost recovery from polluters, without altering responsible party liabilities.

Potential Impacts

• Government Agencies: Enables the Army Corps of Engineers to more efficiently execute authorized water projects, reducing legal risks and coordination hurdles; EPA gains a formal approval role, ensuring consistent environmental standards.
• Citizens and Communities: Improves cleanup of contaminated sediments in rivers, harbors, and other waterways, potentially reducing health risks from toxic exposure (e.g., in fishing or recreational areas) and enhancing water quality for local populations.
• International Relations: Minimal direct impact, as the bill focuses on domestic U.S. water resources; indirect benefits could arise from cleaner U.S. waterways affecting shared border ecosystems (e.g., with Canada or Mexico), but no explicit provisions address this.
• Broader Economy/Environment: Could accelerate environmental restoration projects, benefiting industries like shipping, fishing, and tourism, while minimizing long-term ecological damage from untreated sediments.

Main Stakeholders Affected

• U.S. Army Corps of Engineers: Primary implementer, gaining liability protections and streamlined authority for sediment projects.
• Non-Federal Interests: State/local governments, tribes, or private entities partnering on projects; they share responsibilities and funding but benefit from federal coordination.
• Environmental Protection Agency (EPA): Oversees plan approvals to enforce health and environmental safeguards.
• Local Communities and Citizens: Residents near contaminated sites, who gain from safer waterways but may participate in public comments.
• Responsible Parties: Polluters or past owners of contamination sources, who remain liable for cost recovery but are not directly involved in planning.
• Environmental and Industry Groups: Advocacy organizations pushing for cleanups and businesses (e.g., ports, fisheries) affected by sediment issues.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens federal authority for environmental remediation while limiting CERCLA lawsuits against the government, potentially setting a precedent for collaborative federal-state cleanups; upholds CERCLA's "polluter pays" principle by maintaining cost recovery options.
• Constitutional: No direct challenges; aligns with Congress's commerce clause powers over navigable waters and spending authority for infrastructure, without infringing on state rights (as it encourages coordination).
• Political: Bipartisan introduction (by Rep. Pou, D, and Rep. Malliotakis, R) signals cross-aisle support for environmental infrastructure; could influence future water policy by promoting public-private partnerships, though it may face scrutiny from environmental groups if seen as weakening accountability. Referred to committees on Energy and Commerce and Transportation and Infrastructure for review.

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

Sponsor

Rep. Pou, Nellie [D-NJ-9]

Cosponsors (2)

Rep. Malliotakis, Nicole [R-NY-11], Rep. Scholten, Hillary J. [D-MI-3]

Recent Actions

• 2026-01-28: Referred to the Subcommittee on Water Resources and Environment.
• 2026-01-27: 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.
• 2026-01-27: 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.
• 2026-01-27: Introduced in House
• 2026-01-27: Introduced in House

Bill Versions

• Coordinated Leadership for Environmental and Aquatic Needs–Unified Planning Act — issued 2026-01-27 — PDF (5 pages)