SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coordinated Leader-
ship for Environmental and Aquatic Needs–Unified Plan-
ning 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, Com-
pensation, 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 sub-
section (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 under-
taken; 
(C) identification of— 
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(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 devel-
oping 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 car-
rying out any covered activity pursuant to a joint plan 
developed under subsection (a), the Secretary shall— 
(1) document any hazardous substance or pol-
lutant or contaminant present in the contaminated 
sediment to be removed or remediated; and 
(2) seek to identify any person potentially re-
sponsible for the release of such hazardous sub-
stance or pollutant or contaminant. 
(e) COST RECOVERY.—Nothing in this section affects 
the responsibility of the Federal Government to seek re-
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covery 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 ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental 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 con-
taminated 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 ‘‘haz-
ardous 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). 
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(5) NATIONAL CONTINGENCY PLAN.—The term 
‘‘National Contingency Plan’’ means the national 
contingency plan published under section 105 of the 
Comprehensive Environmental Response, Compensa-
tion, 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 Envi-
ronmental 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. 
Æ 
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