[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3627 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3627

 To assist local governments and local citizens' organizations in the 
assessment and remediation of brownfield sites, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 1998

  Mr. Rush (for himself and Ms. Furse) introduced the following bill; 
which was referred to the Committee on Commerce, and in addition to the 
 Committees on Transportation and Infrastructure, Ways and Means, and 
    Banking and Financial Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To assist local governments and local citizens' organizations in the 
assessment and remediation of brownfield sites, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfield Community Empowerment 
Act''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) Brownfields are abandoned, idled, or under-used 
        industrial and commercial facilities where expansion or 
        redevelopment is complicated by real or perceived environmental 
        contamination.
            (2) Brownfields impede the economic development of 
        surrounding areas.
            (3) Brownfields affect the environmental integrity of 
        associated wetlands and waterways which have been contaminated 
        by prior industrial use.
            (4) Cleanup of brownfields can improve the environment by 
        addressing low-level, low-risk contamination that might not 
        otherwise be remediated.
            (5) Development of brownfields has the potential to trigger 
        local economics by creating jobs, establishing recreational 
        areas, and increasing local tax revenues.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) CERCLA terms.--The terms ``Administrator'', 
        ``environment'', ``facility'', ``ground water'', ``hazardous 
        substance'', ``Indian tribe'', ``natural resources'', ``owner 
        or operator'', ``person'', ``pollutant or contaminant'', 
        ``release'', ``response action'', and ``State'' have the 
        meanings given such terms in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            (2) Brownfield site.--The term ``brownfield site'' means a 
        parcel of land that contains or contained abandoned or under-
        used commercial or industrial facilities, the expansion or 
        redevelopment of which may be complicated by the presence or 
        potential presence of hazardous substances, pollutants, or 
        contaminants.
            (3) Disposal.--The term ``disposal'' has the meaning given 
        the term in section 1004 of the Solid Waste Disposal Act (42 
        U.S.C. 6903).
            (4) Environmental contamination.--The term ``environmental 
        contamination'' means the existence at a brownfield site of one 
        or more hazardous substances, pollutants, or contaminants that 
        may pose a threat to human health or the environment.
            (5) Grant.--The term ``grant'' includes a cooperative 
        agreement.
            (6) Local citizen's organization.--The term ``local 
        citizen's organization'' means an incorporated nonprofit 
        organization exempt from taxes under section 501(c)(3) of the 
        Internal Revenue Code of 1986, including watershed restoration, 
        environmental restoration, and watershed councils, local youth 
        and service conservation corps, and neighborhood associations 
        which can increase citizen participation in the design of the 
        cleanup programs, redesign of the rehabilitated sites and/or 
        assist in the design and implementation of the restoration of 
        the environment including wetlands and waterways.
            (7) Local government.--The term ``local government'' means 
        the governing body of a political subdivision of a State, 
        except that such term includes an Indian tribe.
            (8) Site assessment.--
                    (A) In general.--The term ``brownfield site 
                assessment'' means activities authorized under section 
                104(b) of the Comprehensive Environmental Response, 
                Compensation and Liability Act of 1980 (42 U.S.C. 
                9604(b)) including marketing analysis or such other 
                activities as may be necessary or appropriate to plan 
                and direct a response action. A brownfield site 
                assessment shall include--
                            (i) an onsite evaluation; and
                            (ii) sufficient testing, sampling, and 
                        other field-data-gathering activities to 
                        accurately determine whether the brownfield 
                        site is contaminated and the threats to human 
                        health and the environment posed by the release 
                        of hazardous substances, pollutants, or 
contaminants at the brownfield site; and
                    (B) may include--
                            (i) review of such information regarding 
                        the brownfield site and previous uses as is 
                        available at the time of the review; and
                            (ii) an offsite evaluation, if appropriate.

       TITLE I--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

SEC. 101. INVENTORY, ASSESSMENT, AND TRAINING GRANT PROGRAM.

    (a) In General.--The Administrator shall establish a program to 
award grants to local governments and local citizen's organizations to 
inventory brownfield sites, to conduct brownfield site assessments, and 
to provide training and support to residents of the affected community 
and local citizens in the assessment and cleanup and related activities 
with respect to brownfield sites and associated waterways and wetlands. 
Public participation in the program shall be provided for, encouraged, 
and assisted by the Administrator. The Administrator shall develop and 
publish minimum guidelines for demonstrating meaningful community 
involvement in establishing the inventory, assessment, and training 
program.
    (b) Scope of Program.--
            (1) Grant awards.--To carry out subsection (a), the 
        Administrator may, on approval of an application, provide 
        grants to a local government or a local citizen's organization.
            (2) Grant application.--An application for a grant under 
        this section shall include, to the extent practicable, each of 
        the following:
                    (A) An identification of the potential brownfield 
                sites for which assistance is sought and a description 
                of the effect of the brownfield sites on the community, 
                including a description of the nature and extent of any 
                known or suspected environmental contamination within 
                the sites.
                    (B) A description of the need of the applicant for 
                financial assistance to inventory brownfield sites, to 
                conduct site assessments, and to provide training and 
                support to residents of the affected community and 
                local citizens in brownfield site cleanup.
                    (C) A demonstration of the potential of the grant 
                assistance to stimulate economic development (including 
                the creation of jobs for local citizens, job training 
                programs or the use of existing job training programs, 
                such as youth conservation or service corps programs) 
                or creation of recreational areas, including the extent 
                to which the assistance will stimulate the availability 
                of other funds for site assessment, site 
                identification, or environmental remediation and 
                subsequent redevelopment of the areas in which eligible 
                brownfield sites are situated primarily for 
                nonresidential uses.
                    (D) A description of the local commitment as of the 
                date of the application, which shall include a 
                community involvement plan that demonstrates meaningful 
                community involvement, including the training to 
                residents of the affected community and local citizens 
                in brownfield site cleanup.
                    (E) An identification of the brownfield sites that 
                have associated rivers and streams, and, for those 
                sites, a description of the potential for involving 
                local citizens in restoring those rivers and streams, 
                including the training and participation of local 
                citizens to perform the restoration work.
                    (F) An identification of low-income areas, 
                empowerment zones, and enterprise communities in areas 
                where brownfield sites are situated.
                    (G) A plan that shows how the site assessment, site 
                identification, or environmental remediation and 
                subsequent development will be implemented, including--
                            (i) an environmental plan that ensures the 
                        use of sound environmental procedures, 
                        including nonstructural approaches to 
                        remediation;
                            (ii) an explanation of the appropriate 
                        government authority and support for the 
                        project as in existence on the date of the 
                        application;
                            (iii) proposed funding mechanisms for any 
                        additional work; and
                            (iv) a proposed land ownership plan.
                    (H) A statement on the long-term benefits and the 
                sustainability of the proposed project that includes--
                            (i) the ability of the project to be 
                        replicated nationally and measures of success 
                        of the project; and
                            (ii) to the extent known, the potential of 
                        the plan for each area in which an eligible 
                        brownfield site is situated to stimulate 
                        economic development of the area or creation of 
                        recreational areas which contribute to the 
                        ecological integrity of the site on completion 
                        of the environmental remediation.
                    (I) Such other factors as the Administrator 
                considers relevant to carry out this title.
            (3) Approval of application.--
                    (A) In general.--In making a decision whether to 
                approve an application under this subsection, the 
                Administrator shall--
                            (i) consider the need of the local 
                        government for financial assistance to carry 
                        out this section;
                            (ii) consider the ability of the applicant 
                        to carry out an inventory, site assessment, and 
                        training under this section;
                            (iii) consider the extent to which the 
                        applicant will involve residents of the 
                        affected community and local citizen's 
                        organizations in carrying out this section;
                            (iv) consider the proximity of, and give 
                        priority to, predominantly low-income and 
                        under-developed industrial areas;
                            (v) give a priority to approving 
                        applications that propose the creation of jobs 
                        or job training programs or use existing job 
                        training programs; and
                            (vi) give a priority to those applications 
                        involving projects and activities for 
                        brownfield sites located within any empowerment 
                        zone or enterprise community (as such terms are 
                        defined in section 1393(b) of the Internal 
                        Revenue Code of 1986).
                Not less than 25 percent of the grants under this 
                section shall be allocated to the priority specified in 
                clause (vi).
                    (B) Grant conditions.--As a condition of awarding a 
                grant under this section, the Administrator--
                            (i) shall require the recipient of the 
                        grant to notify the State in which the 
                        recipient is located of the receipt of the 
                        grant;
                            (ii) shall require the recipient of the 
                        grant to submit a report under subsection (d) 
                        on local citizen involvement; and
                            (iii) may, on the basis of the criteria 
                        considered under subparagraph (A), attach such 
                        other conditions to the grant as the 
                        Administrator determines appropriate.
            (4) Grant amount.--The amount of a grant awarded to any 
        local government under subsection (a) for inventory, site 
        assessment, and training for cleanup of one or more brownfield 
        sites shall not exceed $200,000, unless the Administrator 
        determines that an application warrants a larger amount in 
        order to achieve particularly significant environmental and 
        economic benefits and the applicant has submitted information 
        to the Administrator regarding the reasons for a grant in 
        excess of such amount. Not less than 30 percent of the grants 
        made under this section in any fiscal year shall be made to 
        local citizen's organizations.
            (5) Termination of grants.--If the Administrator determines 
        that a local government or local citizen's organization that 
        receives a grant under this subsection is in violation of a 
        condition of a grant referred to in paragraph (3)(B), the 
        Administrator may terminate the grant made to the local 
        government or local citizen's organization and require full or 
        partial repayment of the grant.
            (6) Authority to award grants to states.--The Administrator 
        may award a grant to a State under the program established 
        under this section if the Administrator determines that a grant 
        to the State is necessary in order to facilitate the receipt of 
        funds by one or more local governments or local citizen's 
        organizations that otherwise do not have the capabilities, such 
        as personnel and other resources, to manage grants under the 
        program.
    (c) State Inventories.--Within 2 years after the enactment of this 
Act, each State shall submit to the Administrator such information as 
the Administrator shall, by rule, require regarding brownfield sites 
within that State. Based on such information, within 3 years after the 
enactment of this Act, the Administrator shall compile a National 
Brownfields Registry. If a State fails to comply with the rules 
promulgated under this subsection, no grant may be made under section 
713 for a brownfield site in that State.
    (d) Report on Local Citizen Involvement.--Each recipient of a grant 
awarded under the program established under this section shall submit 
to the Administrator, not later than one year after receipt of the 
grant, a report on the extent to which local citizen's organizations 
have been contracted with to assist in carrying out the projects funded 
by the grant, including a statement of the percentage of the grant 
funds used to involve local citizens in carrying out such projects.

SEC. 112. GRANTS FOR REVOLVING LOAN PROGRAMS.

    (a) In General.--
            (1) Establishment.--The Administrator shall establish a 
        program to award grants to be used by local governments to 
        capitalize revolving loan funds for the cleanup of brownfield 
        sites, associated properties, and rivers, and streams affected 
        by contamination from such sites.
            (2) Loans.--The loans may be provided by the local 
        government to finance cleanups by the local government, or by 
        an owner or a prospective purchaser (including a local 
        government) of a brownfield site, including associated 
        properties, rivers, and streams affected by contamination from 
        such site, at which a cleanup is being conducted or is proposed 
        to be conducted.
    (b) Scope of Program.--
            (1) In general.--
                    (A) Grants.--In carrying out subsection (a), the 
                Administrator may award a grant to a local government 
                that submits an application to the Administrator that 
                is approved by the Administrator.
                    (B) Use of grant.--The grant shall be used by the 
                local government to capitalize a revolving loan fund to 
                be used for cleanup of one or more brownfield sites, 
                including associated properties, rivers, and streams 
                affected by contamination from such sites.
                    (C) Grant application.--An application for a grant 
                under this section shall be in such form as the 
                Administrator determines appropriate. At a minimum, the 
                application shall include each of the following:
                            (i) Evidence that the grant applicant has 
                        the financial controls and resources to 
                        administer a revolving loan fund in accordance 
                        with this title.
                            (ii) Provisions that ensure each of the 
                        following:
                                    (I) The grant applicant has the 
                                ability to monitor the use of funds 
                                provided to loan recipients under this 
                                title.
                                    (II) Any cleanup conducted by the 
                                recipient of grant funds will be 
                                protective of human health and the 
                                environment.
                                    (III) There will be notice to the 
                                affected community in local media and 
                                full and meaningful public 
                                participation in the selection of 
                                criteria for any cleanup by the 
                                affected community (including a public 
                                meeting and opportunity for written 
                                comments).
                                    (IV) Any cleanup funded under this 
                                Act will comply with a State voluntary 
                                cleanup law that is the subject of a 
                                memorandum of understanding with the 
                                Environmental Protection Agency and 
                                with all other laws that apply to the 
                                cleanup.
                            (iii) Identification of the criteria to be 
                        used by the local government in providing for 
                        loans under the program. The criteria shall 
                        include the financial standing of the 
                        applicants for the loans, the use to which the 
                        loans will be put, the provisions to be used to 
                        ensure repayment of the loan funds, and the 
                        following:
                                    (I) A complete description of the 
                                financial standing of the applicant 
                                that includes a description of the 
                                assets, cash flow, and liabilities of 
                                the applicant.
                                    (II) A written statement that 
                                attests that the cleanup of the site 
                                would not occur without access to the 
                                revolving loan fund.
                                    (III) The proposed method, and 
                                anticipated period of time required, to 
                                clean up the environmental 
                                contamination at the brownfield site.
                                    (IV) An estimate of the proposed 
                                total cost of the cleanup to be 
                                conducted at the brownfield site.
                                    (V) An analysis that demonstrates 
                                the potential of the brownfield site 
                                for stimulating economic development 
                                (including the creation of jobs for 
                                local citizens, or job training 
                                programs, or the use of existing job 
                                training programs, such as youth 
                                conservation or service corps programs) 
                                or creation of recreational areas, 
                                including the extent to which the 
                                assistance will stimulate the 
                                availability of other funds for site 
                                assessment, site identification, or 
                                environmental remediation and 
                                subsequent redevelopment of the areas 
                                in which eligible brownfield sites are 
                                situated primarily for nonresidential 
                                uses.
                                    (VI) An analysis that demonstrates 
                                the potential for involving local 
                                citizens in the cleanup of the 
                                brownfield site.
                            (iv) Identification of the brownfield sites 
                        that have associated rivers and streams, and, 
                        for those sites, a description of the potential 
                        for involving local citizen's organizations in 
                        restoring those rivers and streams, including 
                        the training and participation of local 
                        citizens to perform the restoration work.
                            (v) Identification of low-income areas, 
                        empowerment zones, and enterprise communities 
                        that overlay with the brownfield sites.
            (2) Grant approval.--In determining whether to award a 
        grant under this section, the Administrator shall consider--
                    (A) the need of the local government or local 
                citizen's organization for financial assistance to 
                clean up brownfield sites that are the subject of the 
                application, taking into consideration the financial 
                resources available to the local government;
                    (B) the ability of the local government or local 
                citizen's organization to ensure that the applicants 
                repay the loans in a timely manner;
                    (C) the extent to which the cleanup of the 
                brownfield site or sites would reduce health and 
                environmental risks caused by the release of hazardous 
                substances, pollutants, or contaminants at, or from, 
                the brownfield site or sites;
                    (D) the demonstrable potential of the brownfield 
                site or sites for stimulating economic development or 
                creation of recreational areas on completion of the 
                cleanup;
                    (E) the demonstrated ability of the local 
                government or local citizen's organization to 
                administer such a loan program;
                    (F) the demonstrated experience of the local 
                government or local citizen's organization regarding 
                brownfield sites and the reuse of contaminated land, 
                including whether the government has received any grant 
                under the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.) to assess brownfield sites, except that 
                applicants who have not previously received such a 
                grant may be considered for awards under this section;
                    (G) the experience of administering any loan 
                programs by the entity, including the loan repayment 
                rates;
                    (H) the demonstrations made regarding the ability 
                of the local government or local citizen's 
                organizations to ensure a fair distribution of grant 
                funds among brownfield sites;
                    (I) the extent to which the applicant will involve 
                local citizens in the cleanup of brownfield sites;
                    (J) consider the proximity of, and give priority 
                to, predominantly low-income and under-developed 
                industrial areas;
                    (K) give a priority to approving applications that 
                propose the creation of jobs or job training programs 
                or use existing job training programs;
                    (L) give a priority to those applications involving 
                projects and activities for brownfield sites located 
                within any empowerment zone or enterprise community (as 
                such terms are defined in section 1393(b) of the 
                Internal Revenue Code of 1986); and
                    (M) such other factors as the Administrator 
                considers relevant to carry out this section.
            (3) Grant amount.--The amount of a grant made to an 
        applicant under this section shall not exceed $500,000, unless 
        the Administrator determines that an application warrants a 
        larger amount in order to achieve particularly significant 
        environmental and economic benefits and the applicant has 
        submitted information to the Administrator regarding the 
        reasons for a grant in excess of such amount.
            (4) Revolving loan fund approval.--Each application for a 
        grant to capitalize a revolving loan fund under this section 
        shall, as a condition of approval by the Administrator, include 
        a written statement by the local government that cleanups to be 
        funded under the loan program of the local government shall be 
        conducted under the auspices of, and in compliance with, the 
        State voluntary cleanup program or State Superfund program or 
        Federal authority.
    (c) Grant Agreements.--Each grant under this section for a 
revolving loan fund shall be made pursuant to a grant agreement. At a 
minimum, the grant agreement shall include provisions that ensure the 
following:
            (1) Compliance with law.--The local government will include 
        in all loan agreements a requirement that the loan recipient 
        shall comply with all laws applicable to the cleanup and shall 
        ensure that the cleanup is adequate over the long term to 
        protect human health and the environment, including children, 
        the elderly, asthmatics, individuals with auto immune 
        disorders, and other highly exposed, highly susceptible or 
        differentially susceptible subpopulations.
            (2) Repayment.--The local government will require repayment 
        of the loan consistent with this title.
            (3) Use of funds.--The local government will use the funds 
        solely for purposes of establishing and capitalizing a loan 
        program in accordance with this title and of cleaning up the 
        environmental contamination at the brownfield site or sites.
            (4) Repayment of funds.--The local government will require 
        in each loan agreement, and take necessary steps to ensure, 
        that the loan recipient will use the loan funds solely for the 
        purposes stated in paragraph (3), and will require the return 
        of any excess funds immediately on a determination by the 
        appropriate local official that the cleanup has been completed.
            (5) Nontransferability.--The funds will not be 
        transferable, unless the Administrator agrees to the transfer 
        in writing.
            (6) Liens.--
                    (A) Definitions.--In this paragraph, the terms 
                ``security interest'' and ``purchaser'' have the 
                meanings given the terms in section 6323(h) of the 
                Internal Revenue Code of 1986.
                    (B) Liens.--A lien in favor of the grant recipient 
                shall arise on the contaminated property subject to a 
                loan under this section, as well as by any personal 
                property, accounts, or other assets if identified in 
                the agreement establishing the loan.
                    (C) Coverage.--The lien shall cover all real 
                property included in the legal description of the 
                property at the time the loan agreement provided for in 
                this section is signed, and all rights to the property, 
                and shall continue until the terms and conditions of 
                the loan agreement have been fully satisfied.
                    (D) Timing.--The lien shall--
                            (i) arise at the time a security interest 
                        is appropriately recorded in the real property 
                        records of the appropriate office of the State, 
                        county, or other governmental subdivision, as 
                        designated by State, tribal, or local law, in 
                        which the real property accounts or other 
                        assets subject to the lien are located; and
                            (ii) be subject to the rights of any 
                        purchaser, holder of a security interest, or 
                        judgment lien creditor whose interest is or has 
                        been perfected under applicable State or tribal 
                        law before the notice has been filed in the 
                        appropriate office of the State, county, or 
                        other governmental subdivision, as designated 
                        by State or tribal law, in which the real 
                        property accounts or other assets subject to 
                        the lien are located.
            (7) Notice to state.--The local government will notify the 
        State in which the local government is located of the receipt 
        of the grant and of the identity of recipients of loans made 
        under the revolving loan fund.
            (8) Report on local citizen involvement.--The local 
        government will submit a report under subsection (f) on local 
        citizen involvement.
    (d) Audits.--
            (1) In general.--The Inspector General of the Environmental 
        Protection Agency shall audit a portion of the grants awarded 
        under this section to ensure that all funds are used for the 
        purposes set forth in this section.
            (2) Future grants.--The result of the audit shall be taken 
        into account in awarding any future grants to the local 
        government.
    (e) Authority To Award Grants to States.--The Administrator may 
award a grant to a State under the program established under this 
section at the request of a local government in the State if the 
Administrator determines that a grant to the State is necessary in 
order to facilitate the receipt of funds by one or more local 
governments that otherwise do not have the capabilities, such as 
personnel and other resources, to manage grants under the program.
    (f) Report on Local Citizen Involvement.--Each recipient of a grant 
awarded under the program established under this section shall submit 
to the Administrator, not later than one year after receipt of the 
grant, a report on the extent to which local citizen's organizations 
have been contracted with to assist in projects funded by loans made 
under the revolving loan fund, including a statement of the percentage 
of the grant funds used to involve local citizens in carrying out such 
projects.

SEC. 113. ECONOMIC REDEVELOPMENT GRANTS.

    (a) Expenditures From the Superfund.--Amounts in the Hazardous 
Substance Superfund established by section 9507 of the Internal Revenue 
Code of 1986 shall be made available consistent with, and for the 
purposes of carrying out, the grant programs established under sections 
101 and 112.
    (b) Authority To Award Grants.--There is authorized to be 
appropriated from the Hazardous Substance Superfund for grants to local 
governments under sections 101 and 112, $150,000,000 for each of fiscal 
years 1999 through 2003.

SEC. 114. REPORTS.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, and not later than January 31 of each of the 3 
calendar years thereafter, the Administrator shall prepare and submit a 
report describing the results of each program established under this 
title to--
            (1) the Committees on Commerce and on Transportation and 
        Infrastructure of the House of Representatives; and
            (2) the Committee on Environment and Public Works of the 
        Senate.
    (b) Contents of Report.--Each report shall, with respect to each of 
the programs established under this title, include a description of--
            (1) the number of applications received by the 
        Administrator during the preceding calendar year;
            (2) the number of applications approved by the 
        Administrator during the preceding calendar year; and
            (3) the allocation of assistance under sections 101 and 112 
        among the local governments.

SEC. 115. LIMITATIONS ON USE OF FUNDS.

    (a) Excluded Facilities.--(1) A grant for site inventory and 
assessment under section 101 or to capitalize a revolving loan fund 
under section 112 may not be used for any activity involving--
            (A) a facility or portion of a facility that is the subject 
        of a response action (including a facility or portion of a 
        facility with respect to which a record of decision, other than 
        a no-action record of decision, has been issued) under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.), unless a 
        preliminary assessment, site investigation, or response action 
        has been completed at such facility or portion of a facility 
        and the President has decided not to take further response 
        action at such facility or portion of a facility;
            (B) a facility included, or proposed for inclusion, on the 
        National Priorities List maintained by the President under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.);
            (C) an NPL-caliber facility, as defined in paragraph (2);
            (D) a facility that is subject to corrective action under 
        section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 
        U.S.C. 6924(u) or 6928(h)) to which a corrective action permit 
        or order has been issued or modified to require the 
        implementation of corrective measures;
            (E) any land disposal unit with respect to which a closure 
        notification under subtitle C of the Solid Waste Disposal Act 
        (42 U.S.C. 6921 et seq.) has been submitted and closure 
        requirements have been specified in a closure plan or permit;
            (F) a facility at which there has been a release of a 
        polychlorinated biphenyl and that is subject to the Toxic 
        Substances Control Act (15 U.S.C. 2601 et seq.);
            (G) a facility with respect to which an administrative or 
        judicial order or decree requiring cleanup has been issued or 
        entered into by the President under--
                    (i) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (ii) the Solid Waste Disposal Act (42 U.S.C. 6901 
                et seq.);
                    (iii) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (iv) the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.); or
                    (v) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
            (H) the portion of a facility at which assistance for 
        response activities may be obtained under subtitle I of the 
        Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the 
        Leaking Underground Storage Tank Trust Fund established by 
        section 9508 of the Internal Revenue Code of 1986; and
            (I) a facility owned or operated by a department, agency, 
        or instrumentality of the United States, except for land held 
        in trust by the United States for an Indian tribe.
    (2) For purposes of paragraph (1), the term ``NPL-caliber 
facility'' means a facility for which the President, in consultation 
with the State concerned, has prepared or is preparing a hazardous 
ranking system scoring package or that satisfies such other definition 
as the Administrator may promulgate by regulation. The term does not 
include a facility for which the President--
            (A) has obtained a score under the hazardous ranking 
        system; and
            (B) based on that score, has made a determination not to 
        list on the National Priorities List.
    (3) Notwithstanding paragraph (1), the President may, on a 
facility-by-facility basis, allow a grant under section 101 or section 
112 to be used for an activity involving any facility listed in 
subparagraph (D), (E), (F), (G)(ii), (G)(iii), (G)(iv), (G)(v), (H), or 
(I) of paragraph (1). In the case of a facility listed in subparagraph 
(I), the President may use the authority in the preceding sentence only 
if the facility is not a facility described in subparagraph (A), (B), 
(C), or (G)(i).
    (b) Cost-Sharing.--A grant made under this title may not be used to 
pay any fine or penalty owed to a State or the Federal Government, or 
to meet any Federal cost-sharing requirement.
    (c) Other Limitations.--
            (1) In general.--Funds made available to a local government 
        under the grant programs established under section 101 shall be 
        used only to inventory and assess brownfield sites as 
        authorized by this title. Funds made available to a local 
        government under the grant programs established under section 
        112 shall be used only for capitalizing a revolving loan fund 
        as authorized by this title.
            (2) Responsibility for cleanup action.--Funds made 
        available under this title may not be used to relieve a local 
        government of the commitment or responsibilities of the local 
        government under State law to assist or carry out cleanup 
        actions at brownfield sites.

SEC. 116. SITING OF TSD FACILITIES.

    Section 104(c)(9) is amended to read as follows:
    ``(a) Siting.--The President shall not provide any remedial actions 
pursuant to this section or section 127 unless the State in which the 
release occurs prohibits the issuance of new permits for facilities for 
the treatment, storage, and disposal of hazardous waste at facilities 
located with 5,000 feet of any school, body of water currently used, or 
potentially available, or a source of drinking water, residential 
dwelling, or hospital.''.

SEC. 117. EFFECT ON OTHER LAWS.

    Nothing in this title changes, modifies, or otherwise affects the 
liability of any person or the obligations imposed or authorities 
provided under any other law or regulation, including--
            (1) the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
            (2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
            (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.);
            (4) the Toxic Substances Control Act (15 U.S.C. 2601 et 
        seq.); and
            (5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).

SEC. 118. REGULATIONS.

    (a) In General.--The Administrator may issue such regulations as 
are necessary to carry out this title.
    (b) Procedures and Standards.--The regulations shall include such 
procedures and standards as the Administrator considers necessary, 
including procedures and standards for evaluating an application for a 
grant or loan submitted under this title.

SEC. 119. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Site Assessment Program.--There is authorized to be 
appropriated to carry out section 101 $30,000,000 for each of fiscal 
years 1999 through 2001.
    (b) Economic Redevelopment Assistance Program.--There is authorized 
to be appropriated to carry out section 112 $50,000,000 for each of 
fiscal years 1999 through 2001.
    (c) Financial Assistance for Development and Enhancement of State 
Voluntary Response Programs.--There is authorized to be appropriated to 
provide assistance to States to develop or enhance State voluntary 
response programs $30,000,000 for each of fiscal years 1999 through 
2001. If a State fails to comply with the rules promulgated under this 
subsection (c) of section 101, no grant may be made under this 
subsection for a State voluntary response program in that State.
    (d) Availability of Funds.--The amounts appropriated under this 
section shall remain available until expended.

SEC. 120. RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

    Section 311(c) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9660) is amended to 
read as follows:
    ``(c) Hazardous Substance Research and Response Activities.--(1) 
The Administrator is authorized to conduct and support, through grants, 
cooperative agreements, contracts and research, demonstrations, 
surveys, and technical assistance, with respect to the detection, 
assessment, remediation, and evaluation of the effects on and risks to 
human health and the environment from hazardous substances.
    ``(2) The Administrator may award grants and cooperative agreements 
under this section to a State, tribe, consortium of tribes or 
interstate agency, municipality, education institution, or other agency 
or local citizen's organization for the development and implementation 
of training, technology transfer, and information dissemination 
programs to strengthen environmental response activities, including 
enforcement, at the Federal, State, tribal, and local levels. The 
Administrator may establish such requirements for such grants and 
cooperative agreements as he or she determines to be appropriate. The 
Administrator may award such grants and cooperative agreements using 
funds appropriated under this Act.''.

SEC. 121. ASSISTANCE FOR WORKFORCE TRAINING.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9660) is amended by 
adding at the end thereof the following:
    ``(f)(1) The Administrator shall carry out a program to provide 
financial assistance for brownfields workforce training programs in 
communities that contain brownfield sites.
    ``(2) Assistance provided under this subsection may include--
            ``(A) expansion of environmental training and curriculum 
        development at colleges and youth conservation and service 
        corps facilities located near brownfields sites;
            ``(B) establishment of environmental education and training 
        centers, such as youth service or conservation corps or other 
        community-based job training organizations; and
            ``(C) such other activities as the Administrator considers 
        appropriate.
    ``(3) The Administrator may provide grants and such other forms of 
assistance under this subsection as the Administrator considers 
appropriate.''.

SEC. 122. WORKER TRAINING AND EDUCATION GRANTS.

    Section 111(c)(12) (42 U.S.C. 9611(c)(12)) is amended--
            (1) by inserting ``and section 117(f) of this Act'' after 
        ``of 1986'';
            (2) by striking ``$10,000,000'' and inserting 
        ``$15,000,000''; and
            (3) by striking ``and 1994'' and inserting ``, 1994, 1998, 
        1999, 2000, 2001, 2002, and 2003''.

SEC. 123. USE OF THE SUPERFUND FOR NATURAL RESOURCE DAMAGE ASSESSMENTS.

    The Internal Revenue Code of 1986 is amended as follows:
            (1) Section 9507(c)(1)(A)(i) is amended by inserting 
        ``(4)'' after ``paragraphs (1), (2),''.
            (2) Section 9507(c)(1)(A)(ii) is amended by striking 
        ``other than paragraphs (1) and (2) thereof.''.
            (3) Section 9507(c)(1)(A)(i) is amended by striking 
        ``paragraphs (1), (2), (5), and (6) of''.

TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BROWNFIELD GRANTS

SEC. 201. ECONOMIC DEVELOPMENT GRANTS IN CONNECTION WITH COMMUNITY 
              DEVELOPMENT LOAN GUARANTEES.

    Section 108(q) of the Housing and Community Development Act of 1974 
(42 U.S.C. 5308(q)) is amended by adding at the end the following new 
paragraph:
            ``(5) Brownfields redevelopment.--
                    ``(A) In general.--The Secretary shall, to the 
                extent amounts are made available pursuant to 
                subparagraph (F) and applications are approved under 
                this paragraph, make grants under this paragraph to 
                eligible public entities for projects for the cleanup 
                and economic redevelopment of brownfield sites. The 
                provisions of paragraphs (1) through (4) of this 
                subsection shall apply to grants under this paragraph 
                and the requirements under this paragraph shall be in 
                addition to the requirements under paragraphs (1) 
                through (4).
                    ``(B) Eligible recipients.--Grants under this 
                paragraph may be made only to eligible public entities 
                requesting guarantees under subsection (a) for notes or 
                other obligations to finance a project involving 
                eligible activities under subparagraph (C).
                    ``(C) Eligible activities.--Assistance under this 
                paragraph may be used only for the purposes of and in 
                conjunction with projects and activities for the 
                economic redevelopment of brownfield sites.
                    ``(D) Selection criteria.--
                            ``(i) Additional criterion.--The criteria 
                        for awarding assistance under this paragraph 
                        shall include the extent to which the applicant 
                        has developed an approach or process for the 
                        cleanup and redevelopment of brownfield sites 
                        and is coordinating such program with 
                        appropriate environmental regulatory agencies.
                            ``(ii) Priority.--In awarding such 
                        assistance, the Secretary shall give priority 
                        to eligible entities meeting the selection 
                        criteria (established pursuant to paragraph (4) 
                        and clause (i)) and proposing a plan involving 
                        projects and activities for brownfield sites 
                        located within any empowerment zone or 
                        enterprise community (as such terms are defined 
                        in section 1393(b) of the Internal Revenue Code 
                        of 1986).
                    ``(E) Coordination with epa.--The Secretary shall 
                consult and coordinate with the Administrator of the 
                Environmental Protection Agency in providing assistance 
                under this paragraph and establishing selection 
                criteria under subparagraph (D) to ensure that 
                activities assisted with amounts provided under this 
                paragraph are consistent and coordinated with efforts 
                of such Agency and other agencies and organizations to 
                clean up and redevelop brownfield sites.
                    ``(F) Definition.--For purposes of this paragraph, 
                the term `brownfield site' means a parcel of land that 
                contains or contained abandoned or under-used 
                commercial or industrial facilities, the expansion or 
                redevelopment of which may be complicated by the 
                presence or potential presence of hazardous substances, 
                pollutants, or contaminants.
                    ``(G) Authorization of appropriations.--For grants 
                under this paragraph, there is authorized to be 
                appropriated to the Secretary $25,000,000 for each of 
                fiscal years 1999 through 2001.''.
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