HB7268, the CLEAN-UP Act, would authorize the Secretary of the Army, acting through the Chief of Engineers, to carry out certain water resources development projects involving the removal or remediation of contaminated sediment when those activities are conducted under a joint remediation plan. The plan must be developed in coordination with the non-Federal interest and approved by the EPA Administrator. The bill is aimed at allowing Army-led projects to proceed where contaminated sediment is present, while requiring the plan to protect human health and the environment and to include project details, disposal methods, roles and responsibilities, funding sources, and any other conditions the EPA deems necessary.
The bill also creates a liability protection framework for the Secretary under CERCLA for releases of hazardous substances, pollutants, or contaminants resulting from covered activities carried out under an approved joint plan. At the same time, it preserves the federal government’s ability to seek cost recovery from responsible parties for response costs incurred in the work. The bill defines covered activities narrowly as sediment removal or remediation tied to specifically authorized water resources projects or certain Water Resources Development Act authorities, and it requires consultation with federal, state, and local officials plus public comment during plan development.
Impact
If enacted, the bill would modify how certain Army Corps of Engineers sediment remediation projects are implemented by creating a statutory pathway for coordinated planning with non-federal partners and EPA approval, while limiting CERCLA liability for the Secretary for releases arising from those approved activities. It would not broadly change environmental cleanup law, but it would affect the interaction between federal water development projects, contaminated sediment remediation, and CERCLA liability and cost-recovery provisions for the Army and project partners.
Sentiment
The available context suggests the bill was introduced in a generally constructive, problem-solving posture focused on enabling cleanup and water infrastructure work to move forward. There are no recorded votes or committee transcripts indicating opposition or support, and the bill was referred to the Subcommittee on Water Resources and Environment without further recorded action in the provided materials. Overall, the measure appears framed as a targeted environmental and infrastructure coordination bill rather than a partisan or highly controversial proposal.
Contention
The main points of potential contention are the liability protections for the Secretary of the Army and the requirement that EPA approve the joint remediation plan. Supporters would likely view these provisions as necessary to reduce legal uncertainty and speed contaminated sediment cleanup, while critics could argue that the liability shield may weaken accountability or shift risk away from federal project sponsors. Another possible issue is the balance of authority among the Army Corps, EPA, and non-federal interests in deciding how cleanup projects are designed, funded, and executed.
Environmental protection: cleanups; cleanup to residential and safe drinking water standards; require unless technically infeasible. Amends secs. 20118, 20120a, 20120b, 20120e & 20121 of 1994 PA 451 (MCL 324.20118 et seq.). TIE BAR WITH: HB 4638'25, HB 4640'25
Environmental protection: cleanups; cleanup to residential and safe drinking water standards; require unless technically infeasible. Amends secs. 20118, 20120a, 20120b, 20120e & 20121 of 1994 PA 451 (MCL 324.20118 et seq.). TIE BAR WITH: SB 391'25, SB 385'25