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, Compensation, 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. 9605). (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).

(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) Savings provisions (1) Cost recovery Nothing in this section affects the ability of the Federal Government to seek recovery under the Comprehensive Environmental Response, Compensation, 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. (2) Liability Nothing in this section affects— (A) the liability of any person under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) with respect to any activity that is not a covered activity; or (B) the liability of any person under such section for costs or damages as the result of negligence on the part of such person in carrying out any activity under section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(a)). (3) Federal facility agreements Nothing in this section affects the application of the requirements of section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620) to the Secretary when conducting response actions at a site that is subject to an interagency agreement under subsection (e) of such section 120. (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. 9605). (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).