[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1750 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1750

  To assist local governments in assessing and remediating brownfield 
sites, to amend the Comprehensive Environmental Response, Compensation, 
    and Liability Act of 1980 to encourage State voluntary response 
      programs for remediating such sites, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 1999

  Mr. Towns (for himself, Mr. Borski, Mr. Gephardt, Mr. Dingell, Mr. 
Oberstar, Ms. DeGette, Mr. Reyes, Mr. Rangel, Mr. LaFalce, Mr. Brown of 
 California, Mr. Clyburn, Ms. Roybal-Allard, Mr. Klink, Mr. Menendez, 
 Mr. Brown of Ohio, Mr. Rahall, Mr. Pallone, Mr. Blumenauer, Mr. Green 
   of Texas, Ms. Eddie Bernice Johnson of Texas, Mr. Strickland, Ms. 
 Millender-McDonald, Ms. Eshoo, Mr. Mascara, Mr. Waxman, Mr. Clement, 
 Mr. Markey, Mrs. Tauscher, Mr. Rush, Mr. DeFazio, Mr. Hall of Texas, 
   Ms. Brown of Florida, Ms. McCarthy of Missouri, Mr. Lipinski, Mr. 
 Gordon, Mr. Pascrell, Mr. Deutsch, Mr. Cummings, Mr. Wynn, Mr. Shows, 
   Mr. Engel, Mr. Holden, Mr. Boucher, Mr. Costello, Mr. Stupak, Mr. 
 Nadler, Mr. Barrett of Wisconsin, Mr. Barcia, Mr. Luther, Mr. Filner, 
  Mrs. Capps, Mr. Sandlin, Mr. Sawyer, Mr. McGovern, Mr. Lampson, Mr. 
 Baldacci, Mr. Baird, Mr. Wise, Ms. Norton, Mr. Crowley, Mr. Clay, Mr. 
Hinchey, Mr. Owens, Mr. Doyle, Ms. Jackson-Lee of Texas, Mr. McDermott, 
 Mr. Kildee, Ms. Rivers, Ms. DeLauro, Mr. Hilliard, Mr. Jefferson, Mr. 
     Serrano, Mr. Thompson of Mississippi, Mrs. Jones of Ohio, Ms. 
 Kilpatrick, Mr. Olver, Mr. Kanjorski, Ms. Carson, Mr. Ackerman, Mrs. 
Maloney of New York, Mr. Meeks of New York, Mr. Coyne, Mr. Fattah, Mr. 
  Matsui, Mr. Lewis of Georgia, Mrs. Meek of Florida, Mr. Vento, Mrs. 
Lowey, Mr. Andrews, Ms. Pelosi, Mr. Cardin, Mrs. Christensen, Mr. Brady 
  of Pennsylvania, Mr. Hoeffel, Mr. Jackson of Illinois, Mr. Davis of 
 Illinois, Mr. Martinez, Ms. Stabenow, Mr. Maloney of Connecticut, Mr. 
Stark, Mr. Gutierrez, Mr. George Miller of California, Ms. Kaptur, Mr. 
Meehan, Ms. Velazquez, Ms. McKinney, Mr. Sisisky, Mr. Kennedy of Rhode 
 Island, Ms. Lee, Mr. Capuano, Mr. Evans, Ms. Berkley, Mr. Larson, Ms. 
 Sanchez, Mr. Gonzalez, Mrs. Thurman, Mr. Frost, Mr. Abercrombie, Mr. 
Rothman, Mr. Udall of Colorado, Mr. Levin, Ms. Danner, Mr. Pastor, Mrs. 
 Napolitano, Mr. Romero-Barcelo, Mr. Farr of California, Mr. Moran of 
Virginia, Mr. Boswell, Mr. Ortiz, Mr. Moore, Mr. Visclosky, Mr. Payne, 
Mr. Becerra, Mr. Ford, Mr. Berry, Mr. Bonior, Mr. Bishop, Mr. Holt, Mr. 
    Weygand, Mrs. Clayton, Mr. Hastings of Florida, and Mr. Hoyer) 
 introduced the following bill; which was referred to the Committee on 
   Commerce, and in addition to the Committee on Transportation and 
   Infrastructure, 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 in assessing and remediating brownfield 
sites, to amend the Comprehensive Environmental Response, Compensation, 
    and Liability Act of 1980 to encourage State voluntary response 
      programs for remediating such 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Community 
Revitalization and Brownfield Cleanup Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
       TITLE I--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

Sec. 101. Definitions.
Sec. 102. Inventory and site assessment.
Sec. 103. Grants for revolving loan programs.
Sec. 104. Limitations on use of funds.
Sec. 105. Reports.
Sec. 106. Effect on other laws.
Sec. 107. Regulations.
Sec. 108. Authorizations of appropriations.
  TITLE II--INNOCENT LANDOWNER, PROSPECTIVE PURCHASER, AND CONTIGUOUS 
                        PROPERTY OWNER LIABILITY

Sec. 201. Innocent landowners.
Sec. 202. Limitations on liability for response costs for prospective 
                            purchasers.
Sec. 203. Contiguous or nearby properties.
    TITLE III--SELLER LIABILITY RELIEF AND STATE VOLUNTARY RESPONSE 
                                PROGRAMS

Sec. 301. State voluntary response programs.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Brownfields are parcels of land that contain or 
        contained abandoned or under-used commercial or industrial 
        facilities, the expansion or redevelopment of which is 
        complicated by the presence or potential presence of hazardous 
        substances, pollutants, or contaminants.
            (2) Brownfields, which may number in the hundreds of 
        thousands nationwide, threaten the environment, devalue 
        surrounding property, erode local tax bases, and prevent job 
        growth.
            (3) Despite potentially great productive value, prospective 
        developers may avoid brownfields because of the uncertainty of 
        cleanup and development costs, which leads to construction on 
        undeveloped so-called greenfield sites, creating infrastructure 
        problems and reducing the amount of open spaces.
            (4) Cleanup and redevelopment of brownfields would reduce 
        environmental contamination, encourage job growth, and curb the 
        development of greenfields.
            (5) State voluntary programs to address environmental 
        contamination, and addressing liability concerns to encourage 
        developers and current owners to invest in brownfield sites, 
        can be very effective in promoting the cleanup and 
        redevelopment of brownfields.

       TITLE I--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

SEC. 101. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (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) Environment.--The term ``environment'' has the meaning 
        given the term in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            (4) Facility.--The term ``facility'' has the meaning given 
        the term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
            (5) Grant.--The term ``grant'' includes a cooperative 
        agreement.
            (6) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning given the term in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (7) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            (8) Local government.--The term ``local government'' means 
        any city, county, town, township, parish, village, regional 
        council, or other general purpose political subdivision of a 
        State; any Indian tribe; Guam, the Northern Mariana Islands, 
        the Virgin Islands, American Samoa, the District of Columbia, 
        and the Trust Territory of the Pacific Islands, or any general 
        purpose political subdivision thereof; any redevelopment agency 
        that is chartered or otherwise sanctioned by a State or other 
        unit of local government; or any combination of local 
        governments.
            (9) Person.--The term ``person'' has the meaning given the 
        term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
            (10) Pollutant or contaminant.--The term ``pollutant or 
        contaminant'' has the meaning given the term in section 101 of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (11) Release.--The term ``release'' has the meaning given 
        the term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
            (12) Response action.--The term ``response action'' has the 
        meaning given the term ``response'' in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (13) Site assessment.--
                    (A) In general.--The term ``site assessment'' means 
                an investigation that determines the nature and extent 
                of a release or potential release of a hazardous 
                substance or pollutant or contaminant at a brownfield 
                site and meets the requirements of subparagraph (B).
                    (B) Investigation.--For the purposes of this 
                paragraph, an investigation that meets the requirements 
                of this subparagraph--
                            (i) shall include--
                                    (I) an onsite evaluation; and
                                    (II) if necessary, sufficient 
                                testing, sampling, and other field-
                                data-gathering activities to accurately 
                                determine whether the brownfield site 
                                is contaminated and whether threats to 
                                human health and the environment are 
                                posed by the release of hazardous 
                                substances, pollutants, or contaminants 
                                at the brownfield site; and
                            (ii) may include--
                                    (I) review of such information 
                                regarding the brownfield site and 
                                previous uses as is available at the 
                                time of the review;
                                    (II) an offsite evaluation, if 
                                appropriate; and
                                    (III) a marketing analysis.
            (14) State.--The term ``State'' has the meaning given the 
        term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).

SEC. 102. INVENTORY AND SITE ASSESSMENT.

    (a) In General.--The Administrator shall establish a program to 
award grants to local governments to inventory brownfield sites, which 
may include associated rivers, streams, or lakes or mine-scarred land, 
and to conduct site assessments of such brownfield sites.
    (b) Scope of Program.--
            (1) Grant awards.--To carry out subsection (a), the 
        Administrator may, on approval of an application, provide 
        financial assistance to a local government.
            (2) Grant application procedure.--The Administrator shall 
        establish a grant application procedure for this section. The 
        Administrator may include in such procedure requirements of the 
        National Contingency Plan, to the extent that those 
        requirements are relevant and appropriate to the program under 
        this section.
            (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 inventories and site assessments under this 
                        section;
                            (ii) consider the ability of the applicant 
                        to carry out inventories and site assessments 
                        under this section;
                            (iii) consider the ability of the applicant 
                        to manage a grant; and
                            (iv) consider such other factors as the 
                        Administrator considers relevant to carry out 
                        this section.
                    (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; and
                            (ii) 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 this section for inventory and site 
        assessment of one or more brownfield sites shall not exceed 
        $500,000.
            (5) Termination of grants.--If the Administrator determines 
        that a local government that receives a grant under this 
        section is in violation of a condition of a grant, the 
        Administrator may terminate the grant made to the local 
        government 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 that otherwise do not 
        have the capabilities, such as personnel and other resources, 
        to manage grants under the program.
    (c) Training and Technical Assistance.--The Administrator may 
provide training and technical assistance to individuals and 
organizations, as appropriate, to inventory brownfield sites and 
conduct site assessments or cleanup of brownfield sites.

SEC. 103. 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.
            (2) Loans.--The loans may be provided by the local 
        government to finance cleanups of eligible brownfield sites by 
        the local government, or by an owner or developer of an 
        eligible brownfield site (including a local government).
    (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 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, 
                which may include associated rivers, streams, or lakes 
                or mine-scarred land.
                    (C) Grant application procedure.--The Administrator 
                shall establish a grant application procedure for this 
                section. The Administrator may include in such 
                procedure requirements of the National Contingency 
                Plan, to the extent that those requirements are 
                relevant and appropriate to the program under this 
                section.
            (2) Grant approval.--In determining whether to award a 
        grant under this section, the Administrator shall consider--
                    (A) the need of the local government for financial 
                assistance to clean up brownfield sites, taking into 
                consideration the financial resources available to the 
                local government;
                    (B) the ability of the local government to ensure 
                that the applicants repay the loans in a timely manner;
                    (C) the extent to which the cleanup of brownfield 
                sites would reduce health and environmental risks 
                caused by the release of hazardous substances, 
                pollutants, or contaminants at, or from, brownfield 
                sites;
                    (D) the demonstrable potential of brownfield sites 
                for stimulating economic development or creation of 
                recreational areas on completion of cleanup;
                    (E) the demonstrated ability of the local 
                government to administer such a loan program;
                    (F) the demonstrated experience of the local 
                government regarding brownfield sites and the reuse of 
                contaminated land, including whether the local 
                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; and
                    (H) 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. The 
        Administrator may make an award under this section in an amount 
        up to $1,000,000 if the Administrator determines that such 
        action would achieve particularly significant environmental and 
        economic benefits.
    (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 protects human health and the 
        environment.
            (2) Repayment.--The local government will require repayment 
        of the loan consistent with this section.
            (3) Use of funds.--The local government will use the funds, 
        including repayment of principal, interest, and fees, solely 
        for purposes of establishing and capitalizing a loan program in 
        accordance with this title and of cleaning up brownfield 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 
        cleaning up brownfield sites, 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.--A local government receiving a 
        grant under this section may not transfer funds received under 
        the grant to any other local government unless the 
        Administrator agrees to the transfer in writing.
            (6) 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.
    (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 provided under 
        those grants 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) Termination of Grants.--If the Administrator determines that a 
local government that receives a grant under this section is in 
violation of a condition of a grant, the Administrator may terminate 
the grant made to the local government and require full or partial 
repayment of the grant.
    (f) 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.

SEC. 104. LIMITATIONS ON USE OF FUNDS.

    (a) Excluded Facilities.--
            (1) Facilities.--A grant for site inventory and assessment 
        under section 102 or to capitalize a revolving loan fund under 
        section 103 may not be used for any activity involving--
                    (A) a facility or portion of a facility that is the 
                subject of an order or other action under section 
                106(a) of the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 
                9606(a)), or a response action under section 104 of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9604);
                    (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; or
                    (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) Definition.--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) Exception.--Notwithstanding paragraph (1), the 
        President may, on a facility-by-facility basis, allow a grant 
        under section 102 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) if the 
        President finds that such use would promote economic 
        development while still protecting human health and the 
        environment. 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) Fines and 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) 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. 105. 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 102 and 103 
        among the local governments.

SEC. 106. 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. 107. 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 submitted under this title or for a loan under a revolving loan 
program for which a grant is provided under section 103.

SEC. 108. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Site Assessment Program.--To carry out section 102, there is 
authorized to be appropriated to the Administrator $35,000,000 for each 
of fiscal years 2000 through 2004.
    (b) Grants for Revolving Loan Programs.--To carry out section 103, 
there is authorized to be appropriated to the Administrator $65,000,000 
for each of fiscal years 2000 through 2004.
    (c) State Voluntary Response Programs.--For each of the first 5 
fiscal years commencing after the date of enactment of this Act, 
$15,000,000 is authorized to be appropriated to the Administrator for 
assistance to States to develop or enhance State voluntary response 
programs pursuant to title III.
    (d) Availability of Funds.--Amounts appropriated under this section 
shall remain available until expended.

  TITLE II--INNOCENT LANDOWNER, PROSPECTIVE PURCHASER, AND CONTIGUOUS 
                        PROPERTY OWNER LIABILITY

SEC. 201. INNOCENT LANDOWNERS.

    (a) Environmental Site Assessment.--Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9607) is amended by adding at the end the following 
new subsection:
    ``(o) Innocent Landowners.--
            ``(1) Conduct of environmental assessment.--A person who 
        has acquired real property after April 15, 1994, shall have 
        made all appropriate inquiry within the meaning of subparagraph 
        (B) of section 101(35) only if such person establishes that, 
        within 180 days prior to the time of acquisition, an 
        environmental site assessment of the real property was 
        conducted which meets the requirements of paragraph (2).
            ``(2) Definition of environmental site assessment.--For 
        purposes of this subsection, the term `environmental site 
        assessment' means an assessment conducted in accordance with 
        the standards set forth in the American Society for Testing and 
        Materials (ASTM) Standard E1527-94, titled `Standard Practice 
        for Environmental Site Assessments: Phase I Environmental Site 
        Assessment Process' or with alternative standards issued by 
        rule by the Administrator or promulgated or developed by others 
        and designated by rule by the Administrator. Before issuing or 
        designating alternative standards, the Administrator shall 
        first conduct a study of commercial and industrial practices 
        concerning environmental site assessments in the transfer of 
        real property in the United States. Any such standards issued 
        or designated by the Administrator shall also be deemed to 
        constitute commercially reasonable and generally accepted 
        standards and practices for purposes of this title. In issuing 
        or designating any such standards, the Administrator shall 
        consider requirements governing each of the following:
                    ``(A) Interviews of owners, operators, and 
                occupants of the property to determine information 
                regarding the potential for contamination.
                    ``(B) Review of historical sources as necessary to 
                determine previous uses and occupancies of the property 
                since the property was first developed. For purposes of 
                this subparagraph, the term `historical sources' means 
                any of the following, if they are reasonably 
                ascertainable: recorded chain of title documents 
                regarding the real property, including all deeds, 
                easements, leases, restrictions, and covenants, aerial 
                photographs, fire insurance maps, property tax files, 
                USGS 7.5 minutes topographic maps, local street 
                directories, building department records, zoning/land 
                use records, and any other sources that identify past 
                uses and occupancies of the property.
                    ``(C) Determination of the existence of recorded 
                environmental cleanup liens against the real property 
                which have arisen pursuant to Federal, State, or local 
                statutes.
                    ``(D) Review of reasonably ascertainable Federal, 
                State, and local government records of sites or 
                facilities that are likely to cause or contribute to 
                contamination at the real property, including, as 
                appropriate, investigation reports for such sites or 
                facilities; records of activities likely to cause or 
                contribute to contamination at the real property, 
                including landfill and other disposal location records, 
                underground storage tank records, hazardous waste 
                handler and generator records and spill reporting 
                records; and such other reasonably ascertainable 
                Federal, State, and local government environmental 
                records which could reflect incidents or activities 
                which are likely to cause or contribute to 
                contamination at the real property.
                    ``(E) A visual site inspection of the real property 
                and all facilities and improvements on the real 
                property and a visual inspection of immediately 
                adjacent properties, including an investigation of any 
                hazardous substance use, storage, treatment, and 
                disposal practices on the property.
                    ``(F) Any specialized knowledge or experience on 
                the part of the landowner.
                    ``(G) The relationship of the purchase price to the 
                value of the property if uncontaminated.
                    ``(H) Commonly known or reasonably ascertainable 
                information about the property.
                    ``(I) The obviousness of the presence or likely 
                presence of contamination at the property, and the 
                ability to detect such contamination by appropriate 
                investigation.
        If a copy or reasonable facsimile of a record is publicly 
        available by request (within reasonable time and cost 
        constraints) and the record is practically reviewable, the 
        record shall be considered to be reasonably ascertainable for 
        purposes of this paragraph.
            ``(3) Appropriate inquiry.--A person shall not be treated 
        as having made all appropriate inquiry under paragraph (1) 
        unless--
                    ``(A) the person has maintained a compilation of 
                the information reviewed and gathered in the course of 
                the environmental site assessment;
                    ``(B) the person exercised appropriate care with 
                respect to hazardous substances found at the facility 
                by taking reasonable steps to stop on-going releases, 
                prevent threatened future releases of hazardous 
                substances, and prevent or limit human or natural 
                resource exposure to hazardous substances previously 
                released into the environment; and
                    ``(C) the person provides full cooperation, 
                assistance, and facility access to persons authorized 
                to conduct response actions or natural resource 
                restoration at the facility, including the cooperation 
                and access necessary for the installation, integrity, 
                operation, and maintenance of any complete or partial 
                response action or natural resource restoration at the 
                facility.''.
    (b) Exception.--Section 107(b)(3)(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9606(b)(3)(a)) is amended by inserting ``(except as provided in 
subsection (o))'' after ``exercised due care''.
    (c) Conforming Amendments.--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), by striking ``, unless the real 
        property'' and inserting ``. A defendant owner or operator of a 
        facility may only assert under section 107(b)(3) that an act or 
        omission of a previous owner or operator of that facility did 
        not occur in connection with a contractual relationship if the 
        real property''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``(as specified in section 
                107(o))'' after ``all appropriate inquiry''; and
                    (B) by striking ``For purposes of the preceding 
                sentence'' and inserting ``For purposes of the 
                application of the preceding sentence to acquisitions 
                occurring on or before April 15, 1994,''.

SEC. 202. LIMITATIONS ON LIABILITY FOR RESPONSE COSTS FOR PROSPECTIVE 
              PURCHASERS.

    (a) Limitations on Liability.--Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) is further amended by adding at the end the following new 
subsection:
    ``(p) Limitations on Liability for Prospective Purchasers.--To the 
extent the liability of a person, with respect to a release or the 
threat of a release from a facility, is based solely on subsection 
(a)(1), the person shall not be liable under this Act if the person--
            ``(1) is a bona fide prospective purchaser of the facility 
        or an operator of a facility owned by such a bona fide 
        prospective purchaser;
            ``(2) does not impede the performance of any response 
        action or natural resource restoration at a facility;
            ``(3) provided all legally required notices with respect to 
        the discovery or release of any hazardous substances at the 
        facility;
            ``(4) exercised appropriate care with respect to hazardous 
        substances found at the facility by taking reasonable steps 
        to--
                    ``(A) stop ongoing releases;
                    ``(B) prevent threatened future releases of 
                hazardous substances; and
                    ``(C) prevent or limit human or natural resource 
                exposure to hazardous substances previously released 
                into the environment;
            ``(5) provides full cooperation, assistance, and facility 
        access to such persons as are authorized to conduct response 
        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; and
            ``(6) is not liable, or is not affiliated with any other 
        person that is liable, for response costs at the facility, 
        through any direct or indirect familial relationship, or any 
        contractual, corporate, or financial relationship other than 
        that created by the instruments by which title to the facility 
        is conveyed or financed.''.
    (b) Prospective Purchaser and Windfall Lien.--Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (as amended by subsection (a)) is amended by adding after 
subsection (p) the following new subsection:
    ``(q) Prospective Purchaser and Windfall Lien.--
            ``(1) In general.--In any case in which the United States 
        has incurred unrecovered costs of response not inconsistent 
        with the National Contingency Plan at a facility for which an 
        owner of the facility is not liable by reason of subsection 
        (p), and the conditions described in paragraph (3) are met, the 
        United States shall have a lien on the facility, or may obtain, 
        from the appropriate responsible party or parties, a lien on 
        other property or other assurances of payment satisfactory to 
        the Administrator, for the unrecovered costs.
            ``(2) Amount; duration.--The lien--
                    ``(A) shall be for an amount not to exceed the 
                lesser of the amount of the United States costs of 
                response not inconsistent with the National Contingency 
                Plan or the amount of the increase in fair market value 
                of the property attributable to the response action at 
                the time of a subsequent sale or other disposition of 
                the property;
                    ``(B) shall arise at the time costs are first 
                incurred by the United States with respect to a 
                response action at the facility;
                    ``(C) shall be subject to the requirements for 
                notice and validity specified in subsection (l)(3); and
                    ``(D) shall continue until the earlier of 
                satisfaction of the lien or recovery of all United 
                States costs of response not inconsistent with the 
                National Contingency Plan incurred at the facility, 
                notwithstanding any statute of limitations provided in 
                section 113.
        Nothing in this subsection prevents the United States and a 
        purchaser from entering into a settlement at any time that 
        extinguishes a lien under this subsection.
            ``(3) Conditions.--The conditions referred to in paragraph 
        (1) are the following:
                    ``(A) Response action.--An action for which the 
                United States has incurred unrecovered costs of 
                response not inconsistent with the National Contingency 
                Plan is carried out at the facility.
                    ``(B) Fair market value.--The response action 
                increases the fair market value of the facility.''.
    (c) Definition of Bona Fide Prospective Purchaser.--Section 101 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the 
following:
            ``(39) Bona fide prospective purchaser.--The term `bona 
        fide prospective purchaser' means a person who acquires 
        ownership of a facility after the date of enactment of the 
        Community Revitalization and Brownfield Cleanup Act of 1999 who 
        can establish each of the following by a preponderance of the 
        evidence:
                    ``(A) Disposal prior to acquisition.--All active 
                disposal of hazardous substances at the facility 
                occurred before the person acquired the facility.
                    ``(B) Inquiry.--
                            ``(i) In general.--The person made all 
                        appropriate inquiry as provided in section 
                        101(35)(B) into the previous ownership and uses 
                        of the facility in accordance with generally 
                        accepted good commercial and customary 
                        standards and practices.
                            ``(ii) Standards.--The ASTM standards 
                        described in section 107(o)(2) or the 
                        alternative standards issued or designated by 
                        the President pursuant to that section shall 
                        satisfy the requirements of this subparagraph.
                            ``(iii) Residential property.--In the case 
                        of property in residential or other similar use 
                        at the time of purchase by a nongovernmental or 
                        noncommercial entity, a site inspection and 
                        title search that reveal no basis for further 
                        investigation shall satisfy the requirements of 
                        this subparagraph.''.
                    ``(C) Notices.--The person provided all legally 
                required notices with respect to the discovery or 
                release of any hazardous substances at the facility.
                    ``(D) Care.--The person exercised appropriate care 
                with respect to hazardous substances found at the 
                facility by taking reasonable steps to--
                            ``(i) stop ongoing releases;
                            ``(ii) prevent threatened future releases 
                        of hazardous substances; and
                            ``(iii) prevent or limit human or natural 
                        resource exposure to hazardous substances 
                        previously released into the environment.
                    ``(E) Cooperation, assistance, and access.--The 
                person provides full cooperation, assistance, and 
                facility access to such persons as are authorized to 
                conduct response 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.
                    ``(F) Relationship.--The person is not potentially 
                liable, or is not affiliated with any other person that 
is potentially liable, for response costs at the facility, through any 
direct or indirect familial relationship, or any contractual, 
corporate, or financial relationship other than that created by the 
instruments by which title to the facility is conveyed or financed.''.

SEC. 203. CONTIGUOUS OR NEARBY PROPERTIES.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further 
amended by adding at the end the following new subsection:
    ``(r) Contiguous Properties.--(1) A person who owns or operates 
real property, that is contiguous to or otherwise similarly situated 
with respect to other real property not owned or operated by that 
person, and that is or may be contaminated by a release or threatened 
release of hazardous substances from such other real property, shall 
not be considered to be an owner or operator of a facility under 
subsection (a)(1) or (2) solely by reason of such contamination, if 
such person establishes by a preponderance of the evidence that--
            ``(A) such person exercised appropriate care with respect 
        to those hazardous substances on or under such person's 
        property by taking reasonable steps to--
                    ``(i) stop ongoing releases;
                    ``(ii) prevent threatened future releases of 
                hazardous substances; and
                    ``(iii) prevent or limit human, environmental, or 
                natural resource exposure to hazardous substances 
                previously released into the environment;
            ``(B) such person did not cause, contribute to, consent to, 
        or exacerbate the release;
            ``(C) such person provided all legally required notices 
        with respect to the discovery of the release;
            ``(D) such person is not otherwise potentially liable and 
        is not affiliated with any other person that is potentially 
        liable for response costs at the facility, through any direct 
        or indirect familial relationship, or any contractual, 
        corporate, or financial relationship other than that created by 
        the instruments by which title to the real property is conveyed 
        or financed;
            ``(E) at the time the person acquired the property, the 
        person conducted all appropriate inquiry within the meaning of 
        subparagraph (B) of section 101(35) and did not know and had no 
        reason to know of the presence of such contamination on the 
        property being acquired; and
            ``(F) such person provides full cooperation, assistance, 
        and access to such other persons as are authorized to conduct 
        response actions or natural resource restoration at the real 
        property, including the cooperation and access necessary for 
        the installation, integrity, operation, and maintenance of any 
        complete or partial response action or natural resource 
        restoration at the real property.
    ``(2) With respect to hazardous substances in groundwater beneath 
such person's property solely as a result of subsurface migration in an 
aquifer from a source or sources outside the property, appropriate care 
under paragraph (1)(A) shall not require that such person either 
conduct groundwater investigations or install groundwater remediation 
systems, except in accordance with the Environmental Protection 
Agency's May 24, 1995, ``Policy Toward Owners of Property Containing 
Contaminated Aquifers''.
    ``(3) Any person who at the time of acquisition of real property 
had, or had reason to have had, the knowledge specified in paragraph 
(1)(E) may nonetheless qualify as a bona fide prospective purchaser 
under section 101(39) if such person otherwise would fall within that 
definition.
    ``(4) Nothing in this subsection shall limit defenses to liability 
that otherwise may be available to such persons nor shall be construed 
to impose liability not otherwise imposed by section 107(a) on such 
persons.
    ``(5) The President may issue an assurance of no enforcement action 
under this Act to any such person and may grant any such person 
protection against cost recovery, and contribution actions pursuant to 
section 113(f)(2).''.

    TITLE III--SELLER LIABILITY RELIEF AND STATE VOLUNTARY RESPONSE 
                                PROGRAMS

SEC. 301. STATE VOLUNTARY RESPONSE PROGRAMS.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding 
at the end the following new section:

``SEC. 127. STATE VOLUNTARY RESPONSE PROGRAMS.

    ``(a) Purposes and Objectives.--The purposes and objectives of this 
section are--
            ``(1) to significantly increase the pace of response 
        activities at contaminated sites by promoting and encouraging 
        the creation, development, and enhancement of State voluntary 
        response programs; and
            ``(2) to benefit the public health and welfare and the 
        environment by cleaning up and returning contaminated sites to 
        economically productive or other beneficial uses.
    ``(b) Assistance to States.--The Administrator shall provide 
technical, financial, and other assistance to States to establish and 
enhance voluntary response programs. The Administrator shall encourage 
the States to develop risk sharing pools, indemnity pools, or insurance 
mechanisms to provide financing for response actions under their 
voluntary response programs.
    ``(c) Limitation on Federal Authority To List on National 
Priorities List.--Except as provided in subsection (e), the President 
shall not list on the National Priorities List the portion of a 
facility subject to a response action plan approved under a State 
program qualified under subsection (i)--
            ``(1) while substantial and continuous voluntary response 
        activities are being conducted in compliance with the plan at 
        that portion of the facility; or
            ``(2) after response activities conducted in compliance 
        with the plan at that portion of the facility have been 
        certified by the State as complete.
    ``(d) Limitation on Federal Authority To Recover Costs.--(1) Except 
as provided in subsection (e), if substantial and continuous voluntary 
response activities are being conducted at a voluntary response action 
site in compliance with a response action plan approved under a State 
program qualified under subsection (i) or if response activities 
conducted at such a site in compliance with the plan have been 
certified by the State as complete, then the Administrator may not 
bring a claim under section 107(a) for response costs incurred with 
respect to a release or substantial threat of release of a hazardous 
substance addressed by the response action plan unless one or more of 
the following conditions is met:
            ``(A) The Administrator determines that the release or 
        threat of release may present an imminent and substantial 
        endangerment to the public health or welfare or the 
        environment.
            ``(B) The State requests the Administrator to take action.
            ``(C) Conditions at the site that were unknown to the State 
        at the time the response action plan was approved by the State 
        are discovered, and such conditions indicate, as determined by 
        the Administrator or the State, that the response action does 
        not protect human health or the environment.
            ``(D) The cleanup of the site under the response action 
        plan of the State program no longer protects human health or 
        the environment, as determined by the Administrator or the 
        State, because of a change or a proposed change in the use of 
        the site.
    ``(2) For purposes of this subsection, the term `voluntary response 
action site' means a site subject to a response action plan under a 
State program qualified under subsection (i).
    ``(3) Nothing in this subsection shall preclude the Administrator 
from recovering costs incurred by the Administrator at a site before 
State approval of a response action plan for that site.
    ``(e) Facilities Ineligible for Limitations.--
            ``(1) Facilities.--The limitations on Federal authority 
        provided under subsections (c) and (d) do not apply to any of 
        the following facilities:
                    (A) a facility or portion of a facility that is the 
                subject of an order or other action under section 
                106(a) of this Act, or a response action under section 
                104 of this Act;
                    ``(B) A facility included, or proposed for 
                inclusion, on the National Priorities List maintained 
                by the President under this Act.
                    ``(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) this Act;
                            ``(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.
                    ``(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) Definition.--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) Exception.--Notwithstanding paragraph (1), the 
        President may, on a facility-by-facility basis and pursuant to 
        an agreement with the State concerned, apply the limitations on 
        authority provided under subsections (c) and (d) to any 
        facility listed in subparagraph (D), (E), (F), (G)(ii), 
        (G)(iii), (G)(iv), (G)(v), (H), or (I) of paragraph (1) if the 
        President finds that such use would promote economic 
        development while still protecting human health and the 
        environment. 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).
    ``(f) EPA Assistance to States for State Voluntary Response 
Programs.--The Administrator shall assist States to establish and 
administer State voluntary response programs that--
            ``(1) provide for voluntary response actions that ensure 
        adequate site assessment and protect human health and the 
        environment;
            ``(2) provide opportunities for technical assistance with 
        respect to voluntary response actions;
            ``(3) provide meaningful opportunities for public 
        participation on issues that affect the community, which shall 
        include prior notice and opportunity for comment in the 
        selection or significant modification of response actions and 
        which may include involvement of State and local health 
        officials during site assessment;
            ``(4) provide streamlined procedures to ensure expeditious 
        voluntary response actions;
            ``(5) provide adequate oversight, enforcement authorities, 
        resources, and practices--
                    ``(A) to ensure that voluntary response actions 
                protect human health and the environment and are 
                conducted in a timely manner in accordance with a 
                State-approved response action plan or other 
                instrument; and
                    ``(B) to ensure completion of voluntary response 
                actions if the person conducting the voluntary response 
                action fails or refuses to complete the necessary 
                voluntary response actions that protect human health 
                and the environment, including operation and 
                maintenance or long-term monitoring activities;
            ``(6) provide mechanisms for the approval of a response 
        action plan or other instrument; and
            ``(7) provide mechanisms for a certification or similar 
        documentation to the person who conducted the response action 
        indicating that the response is complete.
    ``(g) Financial Assistance for Development and Enhancement of State 
Voluntary Response Programs and Reporting Requirement.--
            ``(1) Public record.--To assist the Administrator in 
        determining the needs of States for assistance under this 
        section, the Administrator shall encourage the States to 
        maintain a public record of facilities, by name and location, 
        that have been or are planned to be addressed under a State 
        voluntary response program.
            ``(2) Reporting requirement.--Each State receiving 
        financial assistance under this section shall submit to the 
        Administrator a report at the end of each calendar year on the 
        progress of its voluntary response program, which shall include 
        the following information with respect to that calendar year:
                    ``(A) The number of sites, if any, undergoing 
                voluntary cleanup, with the number of sites in each 
                stage of such cleanup set forth separately.
                    ``(B) The number of sites, if any, entering 
                voluntary cleanup.
                    ``(C) The number of sites, if any, that received a 
                certification from the State indicating that a response 
                action is complete.
    ``(h) EPA Review of State Programs.--At any time after the date of 
enactment of this section, a State may submit, for review by the 
Administrator, documentation that the State considers appropriate to 
describe a State voluntary response program, together with a 
certification that the program is consistent with the elements set 
forth in subsection (f), and, if such program is developed by 
administrative action, executive order, or regulation, documentation of 
public comment and State response to comment on the adequacy of the 
State voluntary response program.
    ``(i) Qualification of State Program.--
            ``(1) Approval or disapproval.--(A) The Administrator shall 
        approve a State voluntary response program submitted under 
        subsection (h) within 180 days after the Administrator receives 
        documentation and certification under subsection (h) if the 
        Administrator determines that the State's submission is 
        consistent with the elements set forth in subsection (f). A 
        program so approved by the Administrator shall be considered a 
        qualified program under this section.
            ``(B) The Administrator shall publish in the Federal 
        Register the reasons for the approval or disapproval of any 
        such program.
            ``(C) If the Administrator needs additional information, 
        the 180-day time period referred to in subparagraph (A) shall 
        be extended until 30 days after the Administrator is satisfied 
        that enough additional information has been obtained in order 
        to make a determination.
            ``(2) Withdrawal of qualification.--Whenever the 
        Administrator determines that a State is not administering and 
        enforcing a qualified program in accordance with subsection 
        (f), the Administrator shall notify the State in writing of 
        such determination. If appropriate corrective action is not 
        taken by the State within 120 days after receipt of the notice, 
        the Administrator shall propose within 60 days thereafter to 
        withdraw approval of the program and publish a notice of such 
        proposed withdrawal in the Federal Register. The Administrator 
        shall not withdraw approval of any such program unless the 
        Administrator provides to the State in writing and publishes in 
        the Federal Register the reasons for such withdrawal. If the 
        State subsequently completes the necessary corrective measures 
        as determined by the Administrator, the Administrator shall 
        reinstate the program as a qualified program under this 
        section.
    ``(j) Effect of Response.--Performance of a voluntary response 
action pursuant to this section shall not constitute an admission of 
liability under any Federal, State, or local law or regulation or in 
any citizens suit or other private action.
    ``(k) Compliance With NCP.--Solely for the purpose of private cost 
recovery and contribution claims under this Act, response actions 
conducted pursuant to a qualified program shall be presumed to be 
consistent with the National Contingency Plan.
    ``(l) Annual Reporting.--
            ``(1) Reports by state.--Each State with a qualified 
        program under this section shall submit to the Administrator a 
        report at the end of each calendar year describing whether the 
        program continues to be consistent with the elements set forth 
        in subsection (f).
            ``(2) Report by administrator.--The Administrator shall 
        report, not later than two years after the enactment of this 
        section, and annually thereafter, to the Congress on the status 
        of State voluntary response programs. The report shall include 
        an analysis of whether qualified State voluntary response 
        programs continue to be consistent with the elements set forth 
        in subsection (f).
    ``(m) Effect on Existing State Programs.--This section is not 
intended to impose any requirement on any State voluntary response 
program, including a program existing on or before the date of the 
enactment of the Community Revitalization and Brownfield Cleanup Act of 
1999. A program shall not be considered to be a qualified program under 
this section unless the program is approved in accordance with this 
section.
    ``(n) Effect on Agreements Between State and EPA.--This section is 
not intended to modify or otherwise affect a memorandum of agreement, 
or a cooperative agreement, under this Act between a State agency and 
the Environmental Protection Agency in effect on or before the date of 
the enactment of the Community Revitalization and Brownfield Cleanup 
Act of 1999. Such an agreement shall remain in effect, subject to the 
terms of the agreement. This section is not intended to restrict or 
limit the President's discretionary authority to enter into or modify 
an agreement with a State or other person relating to the President's 
implementation of authorities under this Act, nor to modify or 
otherwise affect an existing agreement between the President and any 
person relating to the President's implementation of those authorities.
    ``(o) Effect on Other Laws.--Except as provided in subsections (c) 
and (d), this section does not change, modify, or otherwise affect the 
liability of any person or the obligations imposed or authorities 
provided under any law or regulation, including this Act, the Solid 
Waste Disposal Act, the Federal Water Pollution and Control Act, the 
Toxic Substances Control Act, and title XIV of the Public Health 
Service Act (the Safe Drinking Water Act).
    ``(p) Relationship to Innocent Landowner and Prospective 
Purchaser.--(1) The successful completion of a response action at a 
facility pursuant to a response action plan or other instrument 
approved under a qualified program under this section shall be evidence 
to be considered for purposes of section 107(o)(3)(B) and section 
101(39)(D).
    ``(2) Nothing in this section shall be construed to require any 
person to participate in a qualified voluntary response program under 
this section or in any other voluntary response program in order to 
qualify as an innocent landowner or bona fide prospective purchaser for 
purposes of subsections (o) and (p) of section 107.''.
                                 <all>