BROWNFIELDS REVITALIZATION FUNDING.

SEC. 211. BROWNFIELDS REVITALIZATION FUNDING. (a) Definition of Brownfield Site.—Section 101 of the Comprehensive Environmental Response, Compensation, and Liability115 STAT. 2361 Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the following: “(39) Brownfield site.— “(A) In general.—The term ‘brownfield site’ means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. “(B) Exclusions.—The term ‘brownfield site’ does not include— “(i) a facility that is the subject of a planned or ongoing removal action under this title; “(ii) a facility that is listed on the National Priorities List or is proposed for listing; “(iii) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties under this Act; “(iv) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties, or a facility to which a permit has been issued by the United States or an authorized State under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1321), the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), or the Safe Drinking Water Act (42 U.S.C. 300f et seq.); “(v) a facility that— “(I) is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)); and “(II) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures; “(vi) a land disposal unit with respect to which— “(I) a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted; and “(II) closure requirements have been specified in a closure plan or permit; “(vii) a facility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe; “(viii) a portion of a facility— “(I) at which there has been a release of polychlorinated biphenyls; and “(II) that is subject to remediation under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or “(ix) a portion of a facility, for which portion, assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage 115 STAT. 2362Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986. “(C) Site-by-site determinations.—Notwithstanding subparagraph (B) and on a site-by-site basis, the President may authorize financial assistance under section 104(k) to an eligible entity at a site included in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph (B) if the President finds that financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. “(D) Additional areas.—For the purposes of section 104(k), the term ‘brownfield site’ includes a site that— “(i) meets the definition of ‘brownfield site’ under subparagraphs (A) through (C); and “(ii)(I) is contaminated by a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); “(II)(aa) is contaminated by petroleum or a petroleum product excluded from the definition of ‘hazardous substance’ under section 101; and “(bb) is a site determined by the Administrator or the State, as appropriate, to be— “(AA) of relatively low risk, as compared with other petroleum-only sites in the State; and “(BB) a site for which there is no viable responsible party and which will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site; and “(cc) is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h));or “(III) is mine-scarred land.”. (b) Brownfields Revitalization Funding.—Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended by adding at the end the following: “(k) Brownfields Revitalization Funding.— “(1) Definition of eligible entity.—In this subsection, the term ‘eligible entity’ means— “(A) a general purpose unit of local government; “(B) a land clearance authority or other quasi-govemmental entity that operates under the supervision and control of or as an agent of a general purpose unit of local government; “(C) a government entity created by a State legislature; “(D) a regional council or group of general purpose units of local government; “(E) a redevelopment agency that is chartered or otherwise sanctioned by a State; “(F) a State; “(G) an Indian Tribe other than in Alaska; or “(H) an Alaska Native Regional Corporation and an Alaska Native Village Corporation as those terms are defined in the Alaska Native Claims Settlement Act (43 115 STAT. 2363U.S.C. 1601 and following) and the Metlakatla Indian community. “(2) Brownfield site characterization and assessment grant program.— “(A) Establishment of program.—The Administrator shall establish a program to— “(i) provide grants to inventory, characterize, assess, and conduct planning related to brownfield sites under subparagraph (B); and “(ii) perform targeted site assessments at brownfield sites. “(B) Assistance for site characterization and assessment.— “(i) In general.—On approval of an application made by an eligible entity, the Administrator may make a grant to the eligible entity to be used for programs to inventory, characterize, assess, and conduct planning related to one or more brownfield sites. “(ii) Site characterization and assessment.—A site characterization and assessment carried out with the use of a grant under clause (i) shall be performed in accordance with section 101(35)(B). “(3) Grants and loans for brownfield remediation.— “(A) Grants provided by the president.—Subject to paragraphs (4) and (5), the President shall establish a program to provide grants to— “(i) eligible entities, to be used for capitalization of revolving loan funds; and “(ii) eligible entities or nonprofit organizations, where warranted, as determined by the President based on considerations under subparagraph (C), to be used directly for remediation of one or more brownfield sites owned by the entity or organization that receives the grant and in amounts not to exceed $200,000 for each site to be remediated. “(B) Loans and grants provided by eligible entities.—An eligible entity that receives a grant under subparagraph (A)(i) shall use the grant funds to provide assistance for the remediation of brownfield sites in the form of— “(i) one or more loans to an eligible entity, a site owner, a site developer, or another person; or “(ii) one or more grants to an eligible entity or other nonprofit organization, where warranted, as determined by the eligible entity that is providing the assistance, based on considerations under subparagraph (C), to remediate sites owned by the eligible entity or nonprofit organization that receives the grant. “(C) Considerations.—In determining whether a grant under subparagraph (A)(ii) or (B)(ii) is warranted, the President or the eligible entity, as the case may be, shall take into consideration— “(i) the extent to which a grant will facilitate the creation of, preservation of, or addition to a park, a greenway, undeveloped property, recreational property, or other property used for nonprofit purposes;115 STAT. 2364 “(ii) the extent to which a grant will meet the needs of a community that has an inability to draw on other sources of funding for environmental remediation and subsequent redevelopment of the area in which a brownfield site is located because of the small population or low income of the community; “(iii) the extent to which a grant will facilitate the use or reuse of existing infrastructure; “(iv) the benefit of promoting the long-term availability of funds from a revolving loan fund for brownfield remediation; and “(v) such other similar factors as the Administrator considers appropriate to consider for the purposes of this subsection. “(D) Transition.—Revolving loan funds that have been established before the date of the enactment of this subsection may be used in accordance with this paragraph. “(4) General provisions.— “(A) Maximum grant amount.— “(i) Brownfield site characterization and assessment.— “(I) In general.—A grant under paragraph (2) may be awarded to an eligible entity on a community-wide or site-by-site basis, and shall not exceed, for any individual brownfield site covered by the grant, $200,000. “(II) Waiver.—The Administrator may waive the $200,000 limitation under subclause (I) to permit the brownfield site to receive a grant of not to exceed $350,000, based on the anticipated level of contamination, size, or status of ownership of the site. “(ii) Brownfield remediation.—A grant under paragraph (3)(A)(i) may be awarded to an eligible entity on a community-wide or site-by-site basis, not to exceed $1,000,000 per eligible entity. The Administrator may make an additional grant to an eligible entity described in the previous sentence for any year after the year for which the initial grant is made, taking into consideration— “(I) the number of sites and number of communities that are addressed by the revolving loan fund; “(II) the demand for funding by eligible entities that have not previously received a grant under this subsection; “(III) the demonstrated ability of the eligible entity to use the revolving loan fund to enhance remediation and provide funds on a continuing basis; and “(IV) such other similar factors as the Administrator considers appropriate to carry out this subsection. “(B) Prohibition.— “(i) In general.—No part of a grant or loan under this subsection may be used for the payment of— “(I) a penalty or fine;115 STAT. 2365 “(II) a Federal cost-share requirement; “(III) an administrative cost; “(IV) a response cost at a brownfield site for which the recipient of the grant or loan is potentially Hable under section 107; or “(V) a cost of compliance with any Federal law (including a Federal law specified in section 101(39)(B)), excluding the cost of compliance with laws applicable to the cleanup. “(ii) Exclusions.—For the purposes of clause (i)(III), the term ‘administrative cost’ does not include the cost of— “(I) investigation and identification of the extent of contamination; “(II) design and performance of a response action; or “(III) monitoring of a natural resource. “(C) Assistance for development of local government site remediation programs.—A local government that receives a grant under this subsection may use not to exceed 10 percent of the grant funds to develop and implement a brownfields program that may include— “(i) monitoring the health of populations exposed to one or more hazardous substances from a brownfield site; and “(ii) monitoring and enforcement of any institutional control used to prevent human exposure to any hazardous substance from a brownfield site. “(D) Insurance.—A recipient of a grant or loan awarded under paragraph (2) or (3) that performs a characterization, assessment, or remediation of a brownfield site may use a portion of the grant or loan to purchase insurance for the characterization, assessment, or remediation of that site. “(5) Grant applications.— “(A) Submission.— “(i) In general.— “(I) Application.—An eligible entity may submit to the Administrator, through a regional office of the Environmental Protection Agency and in such form as the Administrator may require, an application for a grant under this subsection for one or more brownfield sites (including information on the criteria used by the Administrator to rank applications under subparagraph (C), to the extent that the information is available). “(II) NCP requirements.—The Administrator may include in any requirement for submission of an application under subclause (I) a requirement of the National Contingency Plan only to the extent that the requirement is relevant and appropriate to the program under this subsection. “(ii) Coordination.—The Administrator shall coordinate with other Federal agencies to assist in making eligible entities aware of other available Federal resources.115 STAT. 2366 “(iii) Guidance.—The Administrator shall publish guidance to assist eligible entities in applying for grants under this subsection. “(B) Approval.—The Administrator shall— “(i) at least annually, complete a review of applications for grants that are received from eligible entities under this subsection; and “(ii) award grants under this subsection to eligible entities that the Administrator determines have the highest rankings under the ranking criteria established under subparagraph (C), “(C) Ranking criteria.—The Administrator shall establish a system for ranking grant applications received under this paragraph that includes the following criteria: “(i) The extent to which a grant will stimulate the availability of other funds for environmental assessment or remediation, and subsequent reuse, of an area in which one or more brownfield sites are located. “(ii) The potential of the proposed project or the development plan for an area in which one or more brownfield sites are located to stimulate economic development of the area on completion of the cleanup. “(iii) The extent to which a grant would address or facilitate the identification and reduction of threats to human health and the environment, including threats in areas in which there is a greater-than-normal incidence of diseases or conditions (including cancer, asthma, or birth defects) that may be associated with exposure to hazardous substances, pollutants, or contaminants. “(iv) The extent to which a grant would facilitate the use or reuse of existing infrastructure. “(v) The extent to which a grant would facilitate the creation of, preservation of, or addition to a park, a greenway, undeveloped property, recreational property, or other property used for nonprofit purposes. “(vi) The extent to which a grant would meet the needs of a community that has an inability to draw on other sources of funding for environmental remediation and subsequent redevelopment of the area in which a brownfield site is located because of the small population or low income of the community. “(vii) The extent to which the applicant is eligible for funding from other sources. “(viii) The extent to which a grant will further the fair distribution of funding between urban and nonurban areas. “(ix) The extent to which the grant provides for involvement of the local community in the process of making decisions relating to cleanup and fixture use of a brownfield site. “(x) The extent to which a grant would address or facilitate the identification and reduction of threats to the health or welfare of children, pregnant women, minority or low-income communities, or other sensitive populations.115 STAT. 2367 “(6) Implementation of brownfields programs.— “(A) Establishment of program.—The Administrator may provide, or fund eligible entities or nonprofit organizations to provide, training, research, and technical assistance to individuals and organizations, as appropriate, to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation. “(B) Funding restrictions.—The total Federal funds to be expended by the Administrator under this paragraph shall not exceed 15 percent of the total amount appropriated to carry out this subsection in any fiscal year. “(7) Audits.— “(A) In general.—The Inspector General of the Environmental Protection Agency shall conduct such reviews or audits of grants and loans under this subsection as the Inspector General considers necessary to carry out this subsection. “(B) Procedure.—An audit under this subparagraph shall be conducted in accordance with the auditing procedures of the General Accounting Office, including chapter 75 of title 31, United States Code. “(C) Violations.—If the Administrator determines that a person that receives a grant or loan under this subsection has violated or is in violation of a condition of the grant, loan, or applicable Federal law, the Administrator may— “(i) terminate the grant or loan; “(ii) require the person to repay any funds received; and “(iii) seek any other legal remedies available to the Administrator. “(D) Report to congress.—Not later than 3 years after the date of the enactment of this subsection, the Inspector General of the Environmental Protection Agency shall submit to Congress a report that provides a description of the management of the program (including a description of the allocation of funds under this subsection), “(8) Leveraging.—An eligible entity that receives a grant under this subsection may use the grant funds for a portion of a project at a brownfield site for which funding is received from other sources if the grant funds are used only for the purposes described in paragraph (2) or (3). “(9) Agreements.—Each grant or loan made under this subsection shall— “(A) include a requirement of the National Contingency Plan only to the extent that the requirement is relevant and appropriate to the program under this subsection, as determined by the Administrator; and “(B) be subject to an agreement that— “(i) requires the recipient to— “(I) comply with all applicable Federal and State laws; and “(II) ensure that the cleanup protects human health and the environment;115 STAT. 2368 “(ii) requires that the recipient use the grant or loan exclusively for purposes specified in paragraph (2) or (3), as applicable; “(iii) in the case of an application by an eligible entity under paragraph (3)(A), requires the eligible entity to pay a matching share (which may be in the form of a contribution of labor, material, or services) of at least 20 percent, from non-Federal sources of funding, unless the Administrator determines that the matching share would place an undue hardship on the eligible entity; and “(iv) contains such other terms and conditions as the Administrator determines to be necessary to carry out this subsection. “(10) Facility other than brownfield site.—The fact that a facility may not be a brownfield site within the meaning of section 101(39)(A) has no effect on the eligibility of the facility for assistance under any other provision of Federal law. “(11) Effect on federal laws.—Nothing in this subsection affects any liability or response authority under any Federal law, including— “(A) this Act (including the last sentence of section 101(14)); “(B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); “(C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); “(D) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and “(E) the Safe Drinking Water Act (42 U.S.C. 300f et seq.). “(12) Funding.— “(A) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2002 through 2006. “(B) Use of certain funds.—Of the amount made available under subparagraph (A), $50,000,000, or, if the amount made available is less than $200,000,000, 25 percent of the amount made available, shall be used for site characterization, assessment, and remediation of facilities described in section 101(39)(D)(ii)(II).”.