[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2590 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2590

  To reauthorize and amend the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2000

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

_______________________________________________________________________

                                 A BILL


 
  To reauthorize and amend the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Brownfields 
Revitalization Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                  TITLE I--BROWNFIELDS REVITALIZATION

Sec. 101. Brownfields.
                   TITLE II--STATE RESPONSE PROGRAMS

Sec. 201. State response programs.
Sec. 202. State cost share.
                   TITLE III--PROPERTY CONSIDERATIONS

Sec. 301. Contiguous properties.
Sec. 302. Prospective purchasers and windfall liens.
Sec. 303. Safe harbor innocent landholders.
               TITLE IV--FEDERAL ENTITIES AND FACILITIES

Sec. 401. Applicability of law; immunity.

                  TITLE I--BROWNFIELDS REVITALIZATION

SEC. 101. BROWNFIELDS.

    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:

``SEC. 127. BROWNFIELDS.

    ``(a) Definitions.--In this section:
            ``(1) Brownfield facility.--
                    ``(A) In general.--The term `brownfield facility' 
                means real property, the expansion or redevelopment of 
                which is complicated by the presence or potential 
                presence of a hazardous substance.
                    ``(B) Exclusions.--The term `brownfield facility' 
                does not include--
                            ``(i) any portion of real property that, as 
                        of the date of submission of an application for 
                        assistance under this section, is the subject 
                        of an ongoing removal under this title;
                            ``(ii) any portion of real property that 
                        has been listed on the National Priorities List 
                        or is proposed for listing as of the date of 
                        the submission of an application for assistance 
                        under this section;
                            ``(iii) any portion of real property with 
                        respect to which cleanup work is proceeding in 
                        substantial compliance with the requirements of 
                        an administrative order on consent, or judicial 
                        consent decree that has been entered into, or a 
                        permit issued by, the United States or a duly 
                        authorized State under this Act, the Solid 
                        Waste Disposal Act (42 U.S.C. 6901 et seq.), 
                        section 311 of the Federal Water Pollution 
                        Control Act (33 U.S.C. 1321), the Toxic 
                        Substances Control Act (15 U.S.C. 2601 et 
                        seq.), or the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                            ``(iv) a land disposal unit with respect to 
                        which--
                                    ``(I) a closure notification under 
                                subtitle C of the Solid Waste Disposal 
                                Act (42 U.S.C. 6921 et seq.) has been 
                                submitted; and
                                    ``(II) closure requirements have 
                                been specified in a closure plan or 
                                permit; or
                            ``(v) a portion of a facility, for which 
                        portion assistance for response activity has 
                        been obtained under subtitle I of the Solid 
                        Waste Disposal Act (42 U.S.C. 6991 et seq.) 
                        from the Leaking Underground Storage Tank Trust 
                        Fund established under section 9508 of the 
                        Internal Revenue Code of 1986.
                    ``(C) Facilities other than brownfield 
                facilities.--That a facility may not be a brownfield 
                facility within the meaning of subparagraph (A) has no 
                effect on the eligibility of the facility for 
                assistance under any provision of Federal law other 
                than this section.
            ``(2) Eligible entity.--
                    ``(A) In general.--The term `eligible entity' 
                means--
                            ``(i) a general purpose unit of local 
                        government;
                            ``(ii) a land clearance authority or other 
                        quasi-governmental entity that operates under 
                        the supervision and control of or as an agent 
                        of a general purpose unit of local government;
                            ``(iii) a government entity created by a 
                        State legislature;
                            ``(iv) a regional council or group of 
                        general purpose units of local government;
                            ``(v) a redevelopment agency that is 
                        chartered or otherwise sanctioned by a State;
                            ``(vi) a State; and
                            ``(vii) an Indian Tribe.
                    ``(B) Exclusion.--The term `eligible entity' does 
                not include any entity that is not in substantial 
                compliance with the requirements of an administrative 
                order on consent, judicial consent decree that has been 
                entered into, or a permit issued by, the United States 
                or a duly authorized State under this Act, the Solid 
                Waste Disposal Act (42 U.S.C. 6901 et seq.), the 
                Federal Water Pollution Control Act (33 U.S.C. 1251 et 
                seq.), the Toxic Substances Control Act (15 U.S.C. 2601 
                et seq.), or the Safe Drinking Water Act (42 U.S.C. 
300f et seq.) with respect to any portion of real property that is the 
subject of the administrative order on consent, judicial consent 
decree, or permit.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Housing and Urban Development.
    ``(b) Brownfield Site Characterization and Assessment Grant 
Program.--
            ``(1) Establishment of program.--The Administrator shall 
        establish a program to provide grants for the site 
        characterization and assessment of brownfield facilities.
            ``(2) Assistance for site characterization and assessment 
        and response actions.--
                    ``(A) In general.--On approval of an application 
                made by an eligible entity, the Administrator may make 
                grants to the eligible entity to be used for the site 
                characterization and assessment of 1 or more brownfield 
                facilities.
                    ``(B) Site characterization and assessment.--A site 
                characterization and assessment carried out with the 
                use of a grant under subparagraph (A)--
                            ``(i) shall be performed in accordance with 
                        section 101(35)(B); and
                            ``(ii) may include a process to identify or 
                        inventory potential brownfield facilities.
    ``(c) Brownfield Remediation Grant Program.--
            ``(1) Establishment of program.--In consultation with the 
        Secretary, the Administrator shall establish a program to 
        provide grants to be used for response actions (excluding site 
        characterization and assessment) at 1 or more brownfield 
        facilities.
            ``(2) Assistance for response actions.--On approval of an 
        application made by an eligible entity, the Administrator, in 
        consultation with the Secretary, may make grants to the 
        eligible entity to be used for response actions (excluding site 
        characterization and assessment) at 1 or more brownfield 
        facilities.
    ``(d) General Provisions.--
            ``(1) Maximum grant amount.--
                    ``(A) In general.--The total of all grants under 
                subsections (b) and (c) shall not exceed, with respect 
                to any individual brownfield facility covered by the 
                grants, $350,000.
                    ``(B) Waiver.--The Administrator may waive the 
                $350,000 limitation under subparagraph (A) based on the 
                anticipated level of contamination, size, or status of 
                ownership of the facility.
            ``(2) Prohibition.--
                    ``(A) In general.--No part of a grant under this 
                section may be used for payment of penalties, fines, or 
                administrative costs.
                    ``(B) Exclusions.--For the purposes of subparagraph 
                (A), the term `administrative cost' does not include 
                the cost of--
                            ``(i) investigation and identification of 
                        the extent of contamination;
                            ``(ii) design and performance of a response 
                        action; or
                            ``(iii) monitoring of natural resources.
            ``(3) Audits.--The Inspector General of the Environmental 
        Protection Agency shall conduct such reviews or audits of 
        grants under this section as the Inspector General considers 
        necessary to carry out the objectives of this section. Audits 
        shall be conducted in accordance with the auditing procedures 
        of the General Accounting Office, including chapter 75 of title 
        31, United States Code.
            ``(4) Leveraging.--An eligible entity that receives a grant 
        under this section may use the funds for part of a project at a 
        brownfield facility for which funding is received from other 
        sources, but the grant shall be used only for the purposes 
        described in subsection (b) or (c).
            ``(5) Agreements.--Each grant made under this section shall 
        be subject to an agreement that--
                    ``(A) requires the eligible entity to comply with 
                all applicable State laws (including regulations);
                    ``(B) requires that the eligible entity shall use 
                the grant exclusively for purposes specified in 
                subsection (b) or (c);
                    ``(C) in the case of an application by an eligible 
                entity under subsection (c), requires payment by the 
                eligible entity of a matching share (which may be in 
                the form of a contribution of labor, material, or 
                services) of at least 20 percent of the costs of the 
                response action for which the grant is made, is from 
                non-Federal sources of funding;
                    ``(D) contains such other terms and conditions as 
                the Administrator determines to be necessary to carry 
                out this section.
    ``(e) Grant Applications.--
            ``(1) Submission.--
                    ``(A) In general.--Any eligible entity may submit 
                an application to the Administrator, through a regional 
                office of the Environmental Protection Agency and in 
                such form as the Administrator may require, for a grant 
                under this section for 1 or more brownfield facilities.
                    ``(B) Coordination.--In developing application 
                requirements, the Administrator shall coordinate with 
                the Secretary and other Federal agencies and 
                departments, such that eligible entities under this 
                section are made aware of other available Federal 
                resources.
                    ``(C) Guidance.--The Administrator shall publish 
                guidance to assist eligible entities in obtaining 
                grants under this section.
            ``(2) Approval.--The Administrator, in consultation with 
        the Secretary, shall make an annual evaluation of each 
        application received during the prior fiscal year and make 
        grants under this section to eligible entities that submit 
        applications during the prior year and that the Administrator, 
        in consultation with the Secretary, determines have the highest 
rankings under the ranking criteria established under paragraph (3).
            ``(3) Ranking criteria.--The Administrator, in consultation 
        with the Secretary, shall establish a system for ranking grant 
        applications that includes the following criteria:
                    ``(A) The extent to which a grant will stimulate 
                the availability of other funds for environmental 
                remediation and subsequent redevelopment of the area in 
                which the brownfield facilities are located.
                    ``(B) The potential of the development plan for the 
                area in which the brownfield facilities are located to 
                stimulate economic development of the area on 
                completion of the cleanup, such as the following:
                            ``(i) The relative increase in the 
                        estimated fair market value of the area as a 
                        result of any necessary response action.
                            ``(ii) The demonstration by applicants of 
                        the intent and ability to create new or expand 
                        existing business, employment, recreation, or 
                        conservation opportunities on completion of any 
                        necessary response action.
                            ``(iii) If commercial redevelopment is 
                        planned, the estimated additional full-time 
                        employment opportunities and tax revenues 
                        expected to be generated by economic 
                        redevelopment in the area in which a brownfield 
                        facility is located.
                            ``(iv) The estimated extent to which a 
                        grant would facilitate the identification of or 
                        facilitate a reduction of health and 
                        environmental risks.
                            ``(v) The financial involvement of the 
                        State and local government in any response 
                        action planned for a brownfield facility and 
                        the extent to which the response action and the 
                        proposed redevelopment is consistent with any 
                        applicable State or local community economic 
                        development plan.
                            ``(vi) The extent to which the site 
                        characterization and assessment or response 
                        action and subsequent development of a 
                        brownfield facility involves the active 
                        participation and support of the local 
                        community.
                            ``(vii) The extent to which the applicant 
                        coordinated with the State agency.
                            ``(viii) Such other factors as the 
                        Administrator considers appropriate to carry 
                        out the purposes of this section.
                    ``(C) The extent to which a grant will enable the 
                creation of or addition to parks, greenways, or other 
                recreational property.
                    ``(D) The extent to which a grant will meet the 
                needs of a community that has an inability to draw on 
                other sources of funding for environmental remediation 
                and subsequent redevelopment of the area in which a 
                brownfield facility is located because of the small 
                population or low income of the community.''.

                   TITLE II--STATE RESPONSE PROGRAMS

SEC. 201. STATE RESPONSE PROGRAMS.

    (a) Definitions.--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 that acquires 
        ownership of a facility after the date of enactment of this 
        paragraph, or a tenant of such a person, that establishes each 
        of the following by a preponderance of the evidence:
                    ``(A) Disposal prior to acquisition.--All 
                deposition of hazardous substances at the facility 
                occurred before the person acquired the facility.
                    ``(B) Inquiries.--
                            ``(i) In general.--The person made all 
                        appropriate inquiries into the previous 
                        ownership and uses of the facility and the 
                        facility's real property in accordance with 
                        generally accepted good commercial and 
                        customary standards and practices.
                            ``(ii) Standards and practices.--The 
                        standards and practices referred to in 
                        paragraph (35)(B)(ii) or those issued or 
                        adopted by the Administrator under that 
                        paragraph shall be considered to satisfy the 
                        requirements of this subparagraph.
                            ``(iii) Residential use.--In the case of 
                        property for residential or other similar use 
                        purchased by a nongovernmental or noncommercial 
                        entity, a facility inspection and title search 
                        that reveal no basis for further investigation 
                        shall be considered to satisfy the requirements 
                        of this subparagraph.
                    ``(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 each hazardous substance found at the 
                facility by taking reasonable steps to stop any 
                continuing release, prevent any threatened future 
                release and prevent or limit human or natural resource 
                exposure to any previously released hazardous 
                substance.
                    ``(E) Cooperation, assistance, and access.--The 
                person has not failed to substantially comply with the 
                requirement stated in section 122(p)(2)(H) with respect 
                to the facility.
                    ``(F) No affiliation.--The person is not affiliated 
                through any familial or corporate relationship with any 
                person that is or was a party potentially responsible 
                for response costs at the facility.
            ``(40) Facility subject to state cleanup.--The term 
        `facility subject to State cleanup' means a facility other than 
        a facility--
                    ``(A) that is listed on the National Priorities 
                List;
                    ``(B) that is proposed for listing on the National 
                Priorities List, based on a determination by the 
                Administrator published in the Federal Register that 
                the facility qualifies for listing under section 105; 
                or
                    ``(C) for which an administrative order on consent 
                or judicial consent decree requiring response action 
                has been entered into by the United States with respect 
                to the facility 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.).
          ``(41) Qualifying state response program.--The term 
        `qualifying State response program' means a State program that 
        includes the elements described in section 128(b).''.
    (b) Qualifying State Response Programs.--Title I of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) (as amended by section 101(a)) is 
amended by adding at the end the following:

``SEC. 128. QUALIFYING STATE RESPONSE PROGRAMS.

    ``(a) Assistance to States.--The Administrator shall provide grants 
to States to establish and expand qualifying State response programs 
that include the elements listed in subsection (b).
    ``(b) Elements.--The elements of a qualifying State response 
program are the following:
            ``(1) Oversight and enforcement authorities or other 
        mechanisms that are adequate to ensure that--
                    ``(A) response actions will protect human health 
                and the environment and be conducted in accordance with 
                applicable Federal and State law; and
                    ``(B) in the case of a voluntary response action, 
                if the person conducting the voluntary response action 
                fails to complete the necessary response activities, 
                including operation and maintenance or long-term 
                monitoring activities, the response activities will be 
                completed as necessary to protect human health and the 
                environment.
            ``(2) Adequate opportunities for public participation, 
        including prior notice and opportunity for comment in 
        appropriate circumstances, in selecting response actions.
            ``(3) Mechanisms for approval of a response action plan, or 
        a requirement for certification or similar documentation from 
        the State to the person conducting a response action indicating 
        that the response is complete.
    ``(c) Enforcement in Cases of a Release Subject to a State Plan.--
            ``(1) Enforcement.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in the case of a release or 
                threatened release of a hazardous substance at a 
                facility subject to State cleanup, neither the 
                President nor any other person, except the State, may 
                use any authority under this Act to take an 
                administrative or enforcement action against any person 
                regarding any matter that is within the scope of a 
                response action--
                            ``(i) that is being conducted or has been 
                        completed under State law; or
                            ``(ii) at a site, the cleanup of which 
                        shall be subject to State oversight.
                    ``(B) Exceptions.--The President may bring an 
                enforcement action under this Act with respect to a 
                facility described in subparagraph (A) if--
                            ``(i) the enforcement action is authorized 
                        under section 104;
                            ``(ii) the State requests that the 
                        President provide assistance in the performance 
                        of a response action and that the enforcement 
                        bar in subparagraph (A) be lifted;
                            ``(iii) at a facility at which response 
                        activities are ongoing the Administrator--
                                    ``(I) makes a written determination 
                                that the State is unwilling or unable 
                                to take appropriate action, after the 
                                Administrator has provided the Governor 
                                notice and an opportunity to cure; and
                                    ``(II) the Administrator determines 
                                that the release or threat of release 
                                constitutes a public health or 
                                environmental emergency under section 
                                104(a)(4);
                            ``(iv) the Administrator determines that 
                        contamination has migrated across a State line, 
                        resulting in the need for further response 
                        action to protect human health or the 
                        environment; or
                            ``(v) in the case of a facility at which 
                        all response actions have been completed, the 
                        Administrator--
                                    ``(I) makes a written determination 
                                that the State is unwilling or unable 
                                to take appropriate action, after the 
                                Administrator has provided the Governor 
                                notice and an opportunity to cure; and
                                    ``(II) makes a written 
                                determination that the facility 
                                presents a substantial risk that 
                                requires further remediation to protect 
                                human health or the environment, as 
                                evidenced by--
                                            ``(aa) newly discovered 
                                        information regarding 
                                        contamination at the facility;
                                            ``(bb) the discovery that 
                                        fraud was committed in 
                                        demonstrating attainment of 
                                        standards at the facility;
                                            ``(cc) the failure of the 
                                        remedy to prepare a site for 
                                        the intended use of the site;
                                            ``(dd) a structural failure 
                                        of the remedy; or
                                            ``(ee) a change in land use 
                                        giving rise to a clear threat 
                                        of exposure to which a State is 
                                        unwilling to respond.
                    ``(C) EPA notification.--
                            ``(i) In general.--In the case of a 
                        facility at which there is a release or 
                        threatened release of a hazardous substance, 
                        pollutant, or contaminant and for which the 
                        Administrator intends to undertake an 
                        administrative or enforcement action, the 
                        Administrator, prior to taking the 
                        administrative or enforcement action, shall 
                        notify the State of the action the 
                        Administrator intends to take and wait for a 
                        period of 30 days for an acknowledgment from 
                        the State under clause (ii).
                            ``(ii) State response.--Not later than 30 
                        days after receiving a notice from the 
                        Administrator under clause (i), the State shall 
                        notify the Administrator if the facility 
                        contains a site, the cleanup of which--
                                    ``(I) is being conducted or has 
                                been completed under State law; or
                                    ``(II) shall be subject to State 
                                oversight.
                            ``(iii) Public health or environmental 
                        emergency.--If the Administrator finds that a 
                        release or threatened release constitutes a 
                        public health or environmental emergency under 
                        section 104(a)(4), the Administrator may take 
                        appropriate action immediately after giving 
                        notification under clause (i) without waiting 
                        for State acknowledgment.
            ``(2) Cost or damage recovery actions.--Paragraph (1) shall 
        not apply to an action brought by a State, Indian Tribe, or 
        general purpose unit of local government for the recovery of 
        costs or damages under this Act.
            ``(3) Savings provision.--
                    ``(A) Existing agreements.--A memorandum of 
                agreement, memorandum of understanding, or similar 
                agreement between the President and a State or Indian 
                tribe defining Federal and State or tribal response 
                action responsibilities that was in effect as of the 
                date of enactment of this section with respect to a 
                facility to which paragraph (1)(C) does not apply shall 
                remain effective until the agreement expires in 
                accordance with the terms of the agreement.
                    ``(B) New agreements.--Nothing in this subsection 
                precludes the President from entering into an agreement 
                with a State or Indian tribe regarding responsibility 
                at a facility to which paragraph (1)(C) does not 
                apply.''.

SEC. 202. STATE COST SHARE.

    Section 104(c) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)) is 
amended--
            (1) by striking ``(c)(1) Unless'' and inserting the 
        following:
    ``(c) Miscellaneous Limitations and Requirements.--
            ``(1) Continuance of obligations from fund.--Unless'';
            (2) in paragraph (1), by striking ``taken obligations'' and 
        inserting ``taken, obligations'';
            (3) by striking ``(2) The President'' and inserting the 
        following:
            ``(2) Consultation.--The President''; and
            (4) by striking paragraph (3) and inserting the following:
            ``(3) State cost share.--
                    ``(A) In general.--The Administrator shall not 
                provide any funding for remedial action under this 
                section unless the State in which the release occurs 
                first enters into a contract or cooperative agreement 
                with the Administrator that provides assurances that 
                the State will pay, in cash or through in-kind 
                contributions, 10 percent of--
                            ``(i) the remedial action costs; and
                            ``(ii) operation and maintenance costs.
                    ``(B) Activities with respect to which state cost 
                share is required.--No State cost share shall be 
                required except for remedial actions under this 
                section.
                    ``(C) Indian tribes.--The requirements of this 
                paragraph shall not apply in the case of remedial 
                action to be taken on land or water--
                            ``(i) held by an Indian Tribe;
                            ``(ii) held by the United States in trust 
                        for an Indian Tribe;
                            ``(iii) held by a member of an Indian Tribe 
                        (if the land or water is subject to a trust 
                        restriction on alienation); or
                            ``(iv) within the borders of an Indian 
                        reservation.''.

                   TITLE III--PROPERTY CONSIDERATIONS

SEC. 301. CONTIGUOUS PROPERTIES.

    (a) In General.--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:
    ``(o) Contiguous Properties.--
            ``(1) Not considered to be an owner or operator.--
                    ``(A) In general.--A person that owns or operates 
                real property that is contiguous to or otherwise 
                similarly situated with respect to real property on 
                which there has been a release or threatened release of 
                a hazardous substance and that is or may be 
                contaminated by the release shall not be considered to 
                be an owner or operator of a vessel or facility under 
                paragraph (1) or (2) of subsection (a) solely by reason 
                of the contamination if--
                            ``(i) the person did not cause, contribute, 
                        or consent to the release or threatened 
                        release;
                            ``(ii) the person is not affiliated through 
                        any familial or corporate relationship with any 
                        person that is or was a party potentially 
                        responsible for response costs at the facility; 
                        and
                            ``(iii) the person exercised appropriate 
                        care with respect to each hazardous substance 
                        found at the facility by taking reasonable 
                        steps to stop any continuing release, prevent 
                        any threatened future release and prevent or 
                        limit human or natural resource exposure to any 
                        previously released hazardous substance.
                    ``(B) Ground water.--With respect to hazardous 
                substances in ground water beneath a person's property 
                solely as a result of subsurface migration in an 
                aquifer from a source or sources outside the property, 
                appropriate care shall not require the person to 
                conduct ground water investigations or to install 
                ground water remediation systems.
            ``(2) Cooperation, assistance, and access.--A party 
        described in paragraph (1) may be considered an owner or 
        operator of a vessel or facility under paragraph (1) or (2) of 
        subsection (a) if the party has failed to substantially comply 
        with the requirement stated in section 122(p)(2)(H) with 
        respect to the facility.
            ``(3) Assurances.--The Administrator may--
                    ``(A) issue an assurance that no enforcement action 
                under this Act will be initiated against a person 
                described in paragraph (1); and
                    ``(B) grant a person described in paragraph (1) 
                protection against a cost recovery or contribution 
                action under section 113(f).''.
    (b) National Priorities List.--
            (1) In general.--Section 105 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9605) is amended--
                    (A) in subsection (a)(8)--
                            (i) in subparagraph (B), by inserting 
                        ``and'' after the semicolon at the end; and
                            (ii) by adding at the end the following:
            ``(C) provision that in listing a facility on the National 
        Priorities List, the Administrator shall not--
                    ``(i) list the facility unless the Administrator 
                first obtains concurrence for the listing from the 
                Governor of the State in which the facility is located; 
                and
                    ``(ii) include in a listing any parcel of real 
                property at which no release has actually occurred, but 
                to which a released hazardous substance, pollutant, or 
                contaminant has migrated in ground water that has moved 
                through subsurface strata from another parcel of real 
                estate at which the release actually occurred, unless--
                            ``(I) the ground water is in use as a 
                        public drinking water supply or was in such use 
                        at the time of the release; and
                            ``(II) the owner or operator of the 
                        facility is liable, or is affiliated with any 
                        other person that is liable, for any 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.''; and
                    (B) by adding at the end the following:
    ``(h) Listing of Particular Parcels.--
            ``(1) Definition.--In subsection (a)(8)(C) and paragraph 
        (2) of this subsection, the term `parcel of real property' 
        means a parcel, lot, or tract of land that has a separate legal 
        description from that of any other parcel, lot, or tract of 
        land the legal description and ownership of which has been 
        recorded in accordance with the law of the State in which it is 
        located.
            ``(2) Statutory construction.--Nothing in subsection 
        (a)(8)(C) limits the Administrator's authority under section 
        104 to obtain access to and undertake response actions at any 
        parcel of real property to which a released hazardous 
        substance, pollutant, or contaminant has migrated in the ground 
        water.''.
            (2) Revision of national priorities list.--Not later than 
        180 days after the date of enactment of this Act, the President 
        shall revise the National Priorities List to conform with the 
        amendments made by paragraph (1).
    (c) Conforming Amendment.--Section 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) is amended by striking ``of this section'' and inserting 
``and the exemptions and limitations stated in this section''.

SEC. 302. PROSPECTIVE PURCHASERS AND WINDFALL LIENS.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) (as amended by 
section 301(a)) is amended by adding at the end the following:
    ``(p) Prospective Purchaser and Windfall Lien.--
            ``(1) Limitation on liability.--Notwithstanding subsection 
        (a), a bona fide prospective purchaser whose potential 
        liability for a release or threatened release is based solely 
on the purchaser's being considered to be an owner or operator of a 
facility shall not be liable as long as the bona fide prospective 
purchaser does not impede the performance of a response action or 
natural resource restoration.
            ``(2) Lien.--If there are unrecovered response costs at a 
        facility for which an owner of the facility is not liable by 
        reason of subsection (n)(1) and each of the conditions 
        described in paragraph (3) is met, the United States shall have 
        a lien on the facility, or may obtain from appropriate 
        responsible party a lien on any other property or other 
        assurances of payment satisfactory to the Administrator, for 
        such unrecovered costs.
            ``(3) Conditions.--The conditions referred to in paragraph 
        (1) are the following:
                    ``(A) Response action.--A response action for which 
                there are unrecovered costs is carried out at the 
                facility.
                    ``(B) Fair market value.--The response action 
                increases the fair market value of the facility above 
                the fair market value of the facility that existed 180 
                days before the response action was initiated.
                    ``(C) Sale.--A sale or other disposition of all or 
                a portion of the facility has occurred.
            ``(4) Amount.--A lien under paragraph (2)--
                    ``(A) shall not exceed 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 at which costs are 
                first incurred by the United States with respect to a 
                response action at the facility;
                    ``(C) shall be subject to the requirements of 
                subsection (l)(3); and
                    ``(D) shall continue until the earlier of 
                satisfaction of the lien or recovery of all response 
                costs incurred at the facility.''.

SEC. 303. SAFE HARBOR INNOCENT LANDHOLDERS.

    (a) Amendment.--Section 101(35) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(35)) 
is amended--
            (1) in subparagraph (A)--
                    (A) in the matter that precedes clause (i), by 
                striking ``deeds or'' and inserting ``deeds, easements, 
                leases, or''; and
                    (B) in the matter that follows clause (iii)--
                            (i) by striking ``he'' and inserting ``the 
                        defendant''; and
                            (ii) by striking the period at the end and 
                        inserting ``, has provided full cooperation, 
                        assistance, and facility access to the persons 
                        that are responsible for 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 has taken no action that impeded 
                        the effectiveness or integrity of any 
                        institutional control employed under section 
                        121 at the facility.''; and
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Reason to know.--
                            ``(i) All appropriate inquiries.--To 
                        establish that the defendant had no reason to 
                        know of the matter described in subparagraph 
                        (A)(i), the defendant must show that--
                                    ``(I) at or prior to the date on 
                                which the defendant acquired the 
                                facility, the defendant undertook all 
                                appropriate inquiries into the previous 
                                ownership and uses of the facility in 
                                accordance with generally accepted good 
                                commercial and customary standards and 
                                practices; and
                                    ``(II) the defendant exercised 
                                appropriate care with respect to each 
                                hazardous substance found at the 
                                facility by taking reasonable steps to 
                                stop any continuing release, prevent 
                                any threatened future release and 
                                prevent or limit human or natural 
                                resource exposure to any previously 
                                released hazardous substance.
                            ``(ii) Standards and practices.--The 
                        Administrator shall by regulation establish as 
                        standards and practices for the purpose of 
                        clause (i)--
                                    ``(I) the American Society for 
                                Testing and Materials (ASTM) Standard 
                                E1527-94, entitled `Standard Practice 
                                for Environmental Site Assessments: 
                                Phase I Environmental Site Assessment 
                                Process'; or
                                    ``(II) alternative standards and 
                                practices under clause (iii).
                            ``(iii) Alternative standards and 
                        practices.--
                                    ``(I) In general.--The 
                                Administrator may by regulation issue 
                                alternative standards and practices or 
                                designate standards developed by other 
                                organizations than the American Society 
                                for Testing and Materials after 
                                conducting a study of commercial and 
                                industrial practices concerning the 
                                transfer of real property in the United 
                                States.
                                    ``(II) Considerations.--In issuing 
                                or designating alternative standards 
                                and practices under subclause (I), the 
                                Administrator shall consider including 
                                each of the following:
                                            ``(aa) The results of an 
                                        inquiry by an environmental 
                                        professional.
                                            ``(bb) Interviews with past 
                                        and present owners, 
operators, and occupants of the facility and the facility's real 
property for the purpose of gathering information regarding the 
potential for contamination at the facility and the facility's real 
property.
                                            ``(cc) Reviews of 
                                        historical sources, such as 
                                        chain of title documents, 
                                        aerial photographs, building 
                                        department records, and land 
                                        use records to determine 
                                        previous uses and occupancies 
                                        of the real property since the 
                                        property was first developed.
                                            ``(dd) Searches for 
                                        recorded environmental cleanup 
                                        liens, filed under Federal, 
                                        State, or local law, against 
                                        the facility or the facility's 
                                        real property.
                                            ``(ee) Reviews of Federal, 
                                        State, and local government 
                                        records (such as waste disposal 
                                        records), underground storage 
                                        tank records, and hazardous 
                                        waste handling, generation, 
                                        treatment, disposal, and spill 
                                        records, concerning 
                                        contamination at or near the 
                                        facility or the facility's real 
                                        property.
                                            ``(ff) Visual inspections 
                                        of the facility and facility's 
                                        real property and of adjoining 
                                        properties.
                                            ``(gg) Specialized 
                                        knowledge or experience on the 
                                        part of the defendant.
                                            ``(hh) The relationship of 
                                        the purchase price to the value 
                                        of the property if the property 
                                        was uncontaminated.
                                            ``(ii) Commonly known or 
                                        reasonably ascertainable 
                                        information about the property.
                                            ``(jj) The degree of 
                                        obviousness of the presence or 
                                        likely presence of 
                                        contamination at the property, 
                                        and the ability to detect such 
                                        contamination by appropriate 
                                        investigation.
                            ``(iv) Site inspection and title search.--
                        In the case of property for residential use or 
                        other similar use purchased by a 
                        nongovernmental or noncommercial entity, a 
                        facility inspection and title search that 
                        reveal no basis for further investigation shall 
                        be considered to satisfy the requirements of 
                        this subparagraph.''.
    (b) Standards and Practices.--
            (1) Establishment by regulation.--The Administrator of the 
        Environmental Protection Agency shall issue the regulation 
        required by section 101(35)(B)(ii) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (as added by subsection (a)) not later than 1 year after the 
        date of enactment of this Act.
            (2) Interim standards and practices.--Until the 
        Administrator issues the regulation described in paragraph (1), 
        in making a determination under section 101(35)(B)(i) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (as added by subsection (a)), there shall 
        be taken into account--
                    (A) any specialized knowledge or experience on the 
                part of the defendant;
                    (B) the relationship of the purchase price to the 
                value of the property if the property was 
                uncontaminated;
                    (C) commonly known or reasonably ascertainable 
                information about the property;
                    (D) the degree of obviousness of the presence or 
                likely presence of contamination at the property; and
                    (E) the ability to detect the contamination by 
                appropriate investigation.

               TITLE IV--FEDERAL ENTITIES AND FACILITIES

SEC. 401. APPLICABILITY OF LAW; IMMUNITY.

    Section 120 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 120. FEDERAL ENTITIES AND FACILITIES.'';

            (2) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--
                    ``(A) Definition of service charges.--In this 
                paragraph, the term `service charge' includes--
                            ``(i) a fee or charge assessed in 
                        connection with--
                                    ``(I) the processing or issuance of 
                                a permit, renewal of a permit, or 
                                amendment of a permit;
                                    ``(II) review of a plan, study, or 
                                other document; or
                                    ``(III) inspection or monitoring of 
                                a facility; and
                            ``(ii) any other charge that is assessed in 
                        connection with a State, interstate, or local 
                        response program.
                    ``(B) Application of federal, state, interstate, 
                and local law.--
                            ``(i) In general.--Each department, agency, 
                        and instrumentality of the executive, 
                        legislative, or judicial branch of the United 
                        States shall be subject to and shall comply 
                        with this Act and all other Federal, State, 
                        interstate, and local substantive and 
                        procedural requirements and other provisions of 
                        law relating to a response action or 
restoration action or the management of a hazardous waste, pollutant, 
or contaminant in the same manner, and to the same extent, as any 
nongovernmental entity is subject to those provisions of law.
                            ``(ii) Provisions included.--The provisions 
                        of law referred to in clause (i) include--
                                    ``(I) a permit requirement;
                                    ``(II) a reporting requirement;
                                    ``(III) a provision authorizing 
                                injunctive relief (including such 
                                sanctions as a court may impose to 
                                enforce injunctive relief);
                                    ``(IV) sections 106 and 107 and 
                                similar provisions of Federal, State, 
                                or local law relating to enforcement 
                                and liability for cleanup, 
                                reimbursement of response costs, 
                                contribution, and payment of damages;
                                    ``(V) a requirement to pay 
                                reasonable service charges; and
                                    ``(VI) all administrative orders 
                                and all civil and administrative 
                                penalties and fines, regardless of 
                                whether the penalties or fines are 
                                punitive or coercive in nature or are 
                                imposed for an isolated, intermittent, 
                                or continuing violation.
                    ``(C) Waiver of immunity.--
                            ``(i) In general.--The United States waives 
                        any immunity applicable to the United States 
                        with respect to any provision of law described 
                        in subparagraph (B).
                            ``(ii) Limitation.--The waiver of sovereign 
                        immunity under clause (i) does not apply to the 
                        extent that a State law would apply any 
                        standard or requirement to the Federal 
                        department, agency, or instrumentality in a 
                        manner that is more stringent than the manner 
                        in which the standard or requirement would 
                        apply to any other person.
                    ``(D) Civil and criminal liability.--
                            ``(i) Injunctive relief.--Neither the 
                        United States nor any agent, employee, or 
                        officer of the United States shall be immune or 
                        exempt from any process or sanction of any 
                        Federal or State court with respect to the 
                        enforcement of injunctive relief referred to in 
                        subparagraph (B)(ii)(III).
                            ``(ii) No personal liability for civil 
                        penalty.--No agent, employee, or officer of the 
                        United States shall be personally liable for 
                        any civil penalty under any Federal or State 
                        law relating to a response action or to 
                        management of a hazardous substance, pollutant, 
                        or contaminant with respect to any act or 
                        omission within the scope of the official 
                        duties of the agent, employee, or officer.
                            ``(iii) Criminal liability.--An agent, 
                        employee, or officer of the United States shall 
                        be subject to any criminal sanction (including 
                        a fine or imprisonment) under any Federal or 
                        State law relating to a response action or to 
                        management of a hazardous substance, pollutant, 
                        or contaminant, but no department, agency, or 
                        instrumentality of the executive, legislative, 
                        or judicial branch of the United States shall 
                        be subject to any such sanction.
                    ``(E) Enforcement.--
                            ``(i) Abatement actions.--The Administrator 
                        may issue an order under section 106 to any 
                        department, agency, or instrumentality of the 
                        executive, legislative, or judicial branch of 
                        the United States. The Administrator shall 
                        initiate an administrative enforcement action 
                        against such a department, agency, or 
                        instrumentality in the same manner and under 
                        the same circumstances as an action would be 
                        initiated against any other person.
                            ``(ii) Consultation.--No administrative 
                        order issued to a department, agency, or 
                        instrumentality of the United States shall 
                        become final until the department, agency, or 
                        instrumentality has had the opportunity to 
                        confer with the Administrator.
                            ``(iii) Use of penalties and fines.--Unless 
                        a State law in effect on the date of enactment 
                        of this clause requires the funds to be used in 
                        a different manner, all funds collected by a 
                        State from the Federal Government as penalties 
                        or fines imposed for violation of a provision 
                        of law referred to in subparagraph (B) shall be 
                        used by the State only for projects designed to 
                        improve or protect the environment or to defray 
                        the costs of environmental protection or 
                        enforcement.
                    ``(F) Contribution.--A department, agency, or 
                instrumentality of the United States shall have the 
                right to contribution under section 113 if the 
                department, agency, or instrumentality resolves its 
                liability under this Act.'';
                    (B) in the second sentence of paragraph (3), by 
                inserting ``(other than the indemnification 
                requirements of section 119)'' after 
                ``responsibility''; and
                    (C) by striking paragraph (4); and
            (2) in subsection (e), by adding at the end the following:
            ``(7) State requirements.--Notwithstanding any other 
        provision of this Act, an interagency agreement under this 
        section shall not impair or diminish the authority of a State, 
        political subdivision of a State, or any other person or the 
        jurisdiction of any court to enforce compliance with 
        requirements of State or Federal law, unless those requirements 
        have been specifically addressed in the agreement or waived 
        without objection after notice to the State before or on the 
        date on which the response action is selected.''.
                                 <all>