[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2335 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2335

   To authorize the Secretary of the Army to carry out a program to 
 provide assistance in the remediation and restoration of brownfields, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2000

 Mr. L. Chafee introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of the Army to carry out a program to 
 provide assistance in the remediation and restoration of brownfields, 
                        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 ``State and Local Brownfields 
Revitalization Act of 2000''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Brownfield site.--The term ``brownfield site'' means a 
        parcel of real property, the expansion, redevelopment, or reuse 
        of which is complicated by the presence or potential presence 
        of a hazardous substance.
            (2) 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).
            (3) Remediate.--The term ``remediate'' 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) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.

SEC. 3. BROWNFIELDS REVITALIZATION PROGRAM.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall implement a program to provide 
assistance to State, regional, and local governments in the remediation 
and restoration of brownfield sites in cases in which the remediation 
and restoration would contribute to the quality, conservation, and 
sustainable use of waterways and watershed ecosystems in the United 
States.
    (b) Forms of Assistance.--Assistance provided under the program 
under subsection (a) may be in the form of--
            (1) site characterization and planning;
            (2) site design and construction;
            (3) environmental restoration; and
            (4) preparation for site development.
    (c) Considerations; Consultation.--In determining whether to 
provide assistance for a project to remediate a brownfield site under 
subsection (a), the Secretary shall--
            (1) take into consideration--
                    (A) the manner and extent to which the project 
                would improve public health and safety;
                    (B) the manner and extent to which the project 
                would--
                            (i) encourage sustainable economic and 
                        environmental redevelopment in an area serviced 
                        by existing infrastructure; or
                            (ii) enable the creation of or addition to 
                        parks, greenways, or other recreational 
                        property; and
                    (C) any other expected beneficial results of the 
                project; and
            (2) consult with appropriate Federal, State, regional, and 
        local officials.
    (d) Public Ownership Requirement.--The Secretary shall provide 
assistance for a project under this section only if the project site 
(including any facilities on the site) is publicly owned.
    (e) Cost Sharing.--
            (1) Federal share.--
                    (A) In general.--Except as provided in paragraph 
                (3), the Federal share of the cost of any project under 
                this section shall not exceed 65 percent.
                    (B) Agreement.--As a condition of receiving 
                assistance for a project under this section, a non-
                Federal interest shall enter into a binding agreement 
                with the Secretary that establishes the percentages of 
                the costs of the project that are to be paid by--
                            (i) the Secretary; and
                            (ii) the non-Federal interest.
            (2) Credit toward non-Federal share.--In determining the 
        non-Federal share of the cost of a project under this section, 
        the Secretary shall provide credit to the non-Federal interest 
        for--
                    (A) the value of land, easements, rights-of-way, 
                and relocations (including direct costs associated with 
                obtaining permits necessary for completing the site 
                characterizations or remediation work), not to exceed 
                35 percent of total project costs;
                    (B) any site characterization and site remediation 
                services and other in-kind work that is carried out on 
                or subsequent to, or within the period that is 5 years 
                before, the date on which the non-Federal interest 
                enters into a cost sharing agreement with the Secretary 
                under paragraph (1)(B); and
                    (C) grants awarded, and the value of work performed 
                on behalf of the non-Federal interest, by State and 
                local agencies, as determined by the Secretary.
            (3) Operation and maintenance.--The non-Federal interest 
        shall pay 100 percent of costs of operation and maintenance of 
        a remediated site.
            (4) Limitation on federal expenditures.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary shall award not more than $3,250,000 
                for a project at any brownfield site.
                    (B) Exception.--If the Secretary determines that a 
                project, due to the size or the level of contamination 
                of the brownfield site, requires additional funds, the 
                Secretary may provide to the project funding in the 
                amount of the lesser of--
                            (i) $5,000,000; or
                            (ii) an amount not to exceed 65 percent of 
                        the costs of the project.
    (f) Applicability of Laws.--Nothing in this section waives, limits, 
or otherwise affects the applicability of any provision of Federal or 
State law that would otherwise apply to a project to be carried out 
with assistance provided under this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2001 through 2005.
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