INNOCENT LANDOWNERS.

SEC. 223. INNOCENT LANDOWNERS. Section 101(35) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(35)) is amended— (1) in subparagraph (A)— (A) in the first sentence, in the matter preceding clause (i), by striking “deeds or” and inserting “deeds, easements, leases, or”; and (B) in the second sentence— (i) by striking “he” and inserting “the defendant”; and (ii) by striking the period at the end and inserting “, provides full cooperation, assistance, and facility access to the persons that are authorized to conduct 115 STAT. 2373response actions at the facility (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility), is in compliance with any land use restrictions established or relied on in connection with the response action at a facility, and does not impede the effectiveness or integrity of any institutional control employed at the facility in connection with a response action.”; and (2) by striking subparagraph (B) and inserting the following: “(B) Reason to know.— “(i) All appropriate inquiries.—To establish that the defendant had no reason to know of the matter described in subparagraph (A)(i), the defendant must demonstrate to a court that— “(I) on or before the date on which the defendant acquired the facility, the defendant carried out all appropriate inquiries, as provided in clauses (ii) and (iv), into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices; and “(II) the defendant took reasonable steps to— “(aa) stop any continuing release; “(bb) prevent any threatened future release; and “(cc) prevent or limit any human, environmental, or natural resource exposure to any previously released hazardous substance. “(ii) Standards and practices.—Not later than 2 years after the date of the enactment of the Brownfields Revitalization and Environmental Restoration Act of 2001, the Administrator shall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under clause (i). “(iii) Criteria.—In promulgating regulations that establish the standards and practices referred to in clause (ii), the Administrator shall include each of the following: “(I) The results of an inquiry by an environmental professional. “(II) Interviews with past and present owners, operators, and occupants of the facility for the purpose of gathering information regarding the potential for contamination at the facility. “(III) Reviews of historical sources, such as chain of title documents, aerial photographs, building department records, and land use records, to determine previous uses and occupancies of the real property since the property was first developed. “(IV) Searches for recorded environmental cleanup liens against the facility that are filed under Federal, State, or local law.115 STAT. 2374 “(V) Reviews of Federal, State, and local government records, waste disposal records, underground storage tank records, and hazardous waste handling, generation, treatment, disposal, and spill records, concerning contamination at or near the facility. “(VI) Visual inspections of the facility and of adjoining properties. “(VII) Specialized knowledge or experience on the part of the defendant. “(VIII) The relationship of the purchase price to the value of the property, if the property was not contaminated. “(IX) Commonly known or reasonably ascertainable information about the property. “(X) The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation. “(iv) Interim standards and practices.— “(I) Property purchased before may 31, 1997.—With respect to property purchased before May 31, 1997, in making a determination with respect to a defendant described in clause (i), a court shall take into account— “(aa) any specialized knowledge or experience on the part of the defendant; “(bb) the relationship of the purchase price to the value of the property, if the property was not contaminated; “(cc) commonly known or reasonably ascertainable information about the property; “(dd) the obviousness of the presence or likely presence of contamination at the property; and “(ee) the ability of the defendant to detect the contamination by appropriate inspection. “(II) Property purchased on or after may 31, 1997.—With respect to property purchased on or after May 31, 1997, and until the Administrator promulgates the regulations described in clause (ii), the procedures of the American Society for Testing and Materials, including the document known as ‘Standard E1527–97’, entitled ‘Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process’, shall satisfy the requirements in clause (i). “(v) Site inspection and title search.—In the case of property for residential use or other similar use purchased by a nongovernmental or noncommercial entity, a facility inspection and title search that reveal no basis for further investigation shall be considered to satisfy the requirements of this subparagraph.”.115 STAT. 2375