[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 350 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 350

 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to promote the cleanup and reuse of brownfields, 
  to provide financial assistance for brownfields revitalization, to 
        enhance State response programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2001

  Mr. Chafee (for himself, Mr. Smith of New Hampshire, Mr. Reid, Mrs. 
 Boxer, Mr. Warner, Mr. Baucus, Mr. Specter, Mr. Graham, Mr. Campbell, 
Mr. Lieberman, Mr. Grassley, Mr. Carper, Mrs. Clinton, Mr. Corzine, and 
  Mr. Wyden) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to promote the cleanup and reuse of brownfields, 
  to provide financial assistance for brownfields revitalization, to 
        enhance State response programs, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Brownfields 
Revitalization and Environmental Restoration Act of 2001''.
    (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 FUNDING

Sec. 101. Brownfields revitalization funding.
             TITLE II--BROWNFIELDS LIABILITY CLARIFICATIONS

Sec. 201. Contiguous properties.
Sec. 202. Prospective purchasers and windfall liens.
Sec. 203. Innocent landowners.
                   TITLE III--STATE RESPONSE PROGRAMS

Sec. 301. State response programs.
Sec. 302. Additions to National Priorities List.

              TITLE I--BROWNFIELDS REVITALIZATION FUNDING

SEC. 101. BROWNFIELDS REVITALIZATION FUNDING.

    (a) Definition of Brownfield Site.--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) Brownfield site.--
                    ``(A) In general.--The term `brownfield site' means 
                real property, the expansion, redevelopment, or reuse 
                of which may be complicated by the presence or 
                potential presence of a hazardous substance, pollutant, 
                or contaminant.
                    ``(B) Exclusions.--The term `brownfield site' does 
                not include--
                            ``(i) a facility that is the subject of a 
                        planned or ongoing removal action under this 
                        title;
                            ``(ii) a facility that is listed on the 
                        National Priorities List or is proposed for 
                        listing;
                            ``(iii) a facility that is the subject of a 
                        unilateral administrative order, a court order, 
                        an administrative order on consent or judicial 
                        consent decree that has been issued to or 
                        entered into by the parties under this Act;
                            ``(iv) a facility that is the subject of a 
                        unilateral administrative order, a court order, 
                        an administrative order on consent or judicial 
                        consent decree that has been issued to or 
                        entered into by the parties, or a facility to 
                        which a permit has been issued by the United 
                        States or an authorized State under the Solid 
                        Waste Disposal Act (42 U.S.C. 6901 et seq.), 
                        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.);
                            ``(v) a facility that--
                                    ``(I) is subject to corrective 
                                action under section 3004(u) or 3008(h) 
                                of the Solid Waste Disposal Act (42 
                                U.S.C. 6924(u), 6928(h)); and
                                    ``(II) to which a corrective action 
                                permit or order has been issued or 
                                modified to require the implementation 
                                of corrective measures;
                            ``(vi) 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;
                            ``(vii) a facility that is subject to the 
                        jurisdiction, custody, or control of a 
                        department, agency, or instrumentality of the 
                        United States, except for land held in trust by 
                        the United States for an Indian tribe;
                            ``(viii) a portion of a facility--
                                    ``(I) at which there has been a 
                                release of polychlorinated biphenyls; 
                                and
                                    ``(II) that is subject to 
                                remediation under the Toxic Substances 
                                Control Act (15 U.S.C. 2601 et seq.); 
                                or
                            ``(ix) 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) Site-by-site determinations.--Notwithstanding 
                subparagraph (B) and on a site-by-site basis, the 
                President may authorize financial assistance under 
                section 128 to an eligible entity at a site included in 
                clause (i), (iv), (v), (vi), (viii), or (ix) of 
                subparagraph (B) if the President finds that financial 
                assistance will protect human health and the 
                environment, and either promote economic development or 
                enable the creation of, preservation of, or addition to 
                parks, greenways, undeveloped property, other 
                recreational property, or other property used for 
                nonprofit purposes.
                    ``(D) Additional areas.--For the purposes of 
                section 128, the term `brownfield site' includes--
                            ``(i) a site that is contaminated by a 
                        controlled substance (as defined in section 102 
                        of the Controlled Substances Act (21 U.S.C. 
                        802)); and
                            ``(ii) mine-scarred land.''.
    (b) Brownfields Revitalization Funding.--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. 128. BROWNFIELDS REVITALIZATION FUNDING.

    ``(a) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) a general purpose unit of local government;
            ``(2) 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;
            ``(3) a government entity created by a State legislature;
            ``(4) a regional council or group of general purpose units 
        of local government;
            ``(5) a redevelopment agency that is chartered or otherwise 
        sanctioned by a State;
            ``(6) a State; or
            ``(7) an Indian Tribe.
    ``(b) Brownfield Site Characterization and Assessment Grant 
Program.--
            ``(1) Establishment of program.--The Administrator shall 
        establish a program to--
                    ``(A) provide grants to inventory, characterize, 
                assess, and conduct planning related to brownfield 
                sites under paragraph (2); and
                    ``(B) perform targeted site assessments at 
                brownfield sites.
            ``(2) Assistance for site characterization and 
        assessment.--
                    ``(A) In general.--On approval of an application 
                made by an eligible entity, the Administrator may make 
                a grant to the eligible entity to be used for programs 
                to inventory, characterize, assess, and conduct 
                planning related to 1 or more brownfield sites.
                    ``(B) Site characterization and assessment.--A site 
                characterization and assessment carried out with the 
                use of a grant under subparagraph (A) shall be 
                performed in accordance with section 101(35)(B).
    ``(c) Grants and Loans for Brownfield Remediation.--
            ``(1) Grants provided by the president.--Subject to 
        subsections (d) and (e), the President shall establish a 
        program to provide grants to--
                    ``(A) eligible entities, to be used for 
                capitalization of revolving loan funds; and
                    ``(B) eligible entities or nonprofit organizations, 
                where warranted, as determined by the President based 
                on considerations under paragraph (3), to be used 
                directly for remediation of 1 or more brownfield sites 
                that is owned by the entity or organization that 
                receives the grant and in amounts not to exceed 
                $200,000 for each site to be remediated.
            ``(2) Loans and grants provided by eligible entities.--An 
        eligible entity that receives a grant under paragraph (1)(A) 
        shall use the grant funds to provide assistance for the 
        remediation of brownfield sites in the form of--
                    ``(A) 1 or more loans to an eligible entity, a site 
                owner, a site developer, or another person; or
                    ``(B) 1 or more grants to an eligible entity or 
                other nonprofit organization, where warranted, as 
                determined by the eligible entity that is providing the 
                assistance, based on considerations under paragraph 
                (3), to remediate sites owned by the eligible entity or 
                nonprofit organization that receives the grant.
            ``(3) Considerations.--In determining whether a grant under 
        paragraph (1)(B) or (2)(B) is warranted, the President or the 
        eligible entity, as the case may be, shall take into 
        consideration--
                    ``(A) the extent to which a grant will facilitate 
                the creation of, preservation of, or addition to a 
                park, a greenway, undeveloped property, recreational 
                property, or other property used for nonprofit 
                purposes;
                    ``(B) 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 site is located because of the small 
                population or low income of the community;
                    ``(C) the extent to which a grant will facilitate 
                the use or reuse of existing infrastructure;
                    ``(D) the benefit of promoting the long-term 
                availability of funds from a revolving loan fund for 
                brownfield remediation; and
                    ``(E) such other factors as the Administrator 
                considers appropriate to consider for the purposes of 
                this section.
            ``(4) Compliance with applicable laws.--An eligible entity 
        that provides assistance under paragraph (2) shall include in 
        all loan and grant agreements a requirement that the loan or 
        grant recipient shall comply with all laws applicable to the 
        cleanup for which grant funds will be used and ensure that the 
        cleanup protects human health and the environment.
            ``(5) Transition.--Revolving loan funds that have been 
        established before the date of enactment of this section may be 
        used in accordance with this subsection.
    ``(d) General Provisions.--
            ``(1) Maximum grant amount.--
                    ``(A) Brownfield site characterization and 
                assessment.--
                            ``(i) In general.--A grant under subsection 
                        (b)--
                                    ``(I) may be awarded to an eligible 
                                entity on a community-wide or site-by-
                                site basis; and
                                    ``(II) shall not exceed, for any 
                                individual brownfield site covered by 
                                the grant, $200,000.
                            ``(ii) Waiver.--The Administrator may waive 
                        the $200,000 limitation under clause (i)(II) to 
                        permit the brownfield site to receive a grant 
                        of not to exceed $350,000, based on the 
                        anticipated level of contamination, size, or 
                        status of ownership of the site.
                    ``(B) Brownfield remediation.--
                            ``(i) Grant amount.--A grant under 
                        subsection (c)(1)(A) may be awarded to an 
                        eligible entity on a community-wide or site-by-
                        site basis, not to exceed $1,000,000 per 
                        eligible entity.
                            ``(ii) Additional grant amount.--The 
                        Administrator may make an additional grant to 
                        an eligible entity described in clause (i) for 
                        any year after the year for which the initial 
                        grant is made, taking into consideration--
                                    ``(I) the number of sites and 
                                number of communities that are 
                                addressed by the revolving loan fund;
                                    ``(II) the demand for funding by 
                                eligible entities that have not 
                                previously received a grant under this 
                                section;
                                    ``(III) the demonstrated ability of 
                                the eligible entity to use the 
                                revolving loan fund to enhance 
                                remediation and provide funds on a 
                                continuing basis; and
                                    ``(IV) any other factors that the 
                                Administrator considers appropriate to 
                                carry out this section.
            ``(2) Prohibition.--
                    ``(A) In general.--No part of a grant or loan under 
                this section may be used for the payment of--
                            ``(i) a penalty or fine;
                            ``(ii) a Federal cost-share requirement;
                            ``(iii) an administrative cost;
                            ``(iv) a response cost at a brownfield site 
                        for which the recipient of the grant or loan is 
                        potentially liable under section 107; or
                            ``(v) a cost of compliance with any Federal 
                        law (including a Federal law specified in 
                        section 101(39)(B)).
                    ``(B) Exclusions.--For the purposes of subparagraph 
                (A)(iii), 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 a natural resource.
            ``(3) Assistance for development of local government site 
        remediation programs.--A local government that receives a grant 
        under this section may use not to exceed 10 percent of the 
        grant funds to develop and implement a brownfields program that 
        may include--
                    ``(A) monitoring the health of populations exposed 
                to 1 or more hazardous substances from a brownfield 
                site; and
                    ``(B) monitoring and enforcement of any 
                institutional control used to prevent human exposure to 
                any hazardous substance from a brownfield site.
    ``(e) Grant Applications.--
            ``(1) Submission.--
                    ``(A) In general.--
                            ``(i) Application.--An eligible entity may 
                        submit to the Administrator, through a regional 
                        office of the Environmental Protection Agency 
                        and in such form as the Administrator may 
                        require, an application for a grant under this 
                        section for 1 or more brownfield sites 
                        (including information on the criteria used by 
                        the Administrator to rank applications under 
                        paragraph (3), to the extent that the 
                        information is available).
                            ``(ii) NCP requirements.--The Administrator 
                        may include in any requirement for submission 
                        of an application under clause (i) a 
                        requirement of the National Contingency Plan 
                        only to the extent that the requirement is 
                        relevant and appropriate to the program under 
                        this section.
                    ``(B) Coordination.--The Administrator shall 
                coordinate with other Federal agencies to assist in 
                making eligible entities aware of other available 
                Federal resources.
                    ``(C) Guidance.--The Administrator shall publish 
                guidance to assist eligible entities in applying for 
                grants under this section.
            ``(2) Approval.--The Administrator shall--
                    ``(A) complete an annual review of applications for 
                grants that are received from eligible entities under 
                this section; and
                    ``(B) award grants under this section to eligible 
                entities that the Administrator determines have the 
                highest rankings under the ranking criteria established 
                under paragraph (3).
            ``(3) Ranking criteria.--The Administrator shall establish 
        a system for ranking grant applications received under this 
        subsection that includes the following criteria:
                    ``(A) The extent to which a grant will stimulate 
                the availability of other funds for environmental 
                assessment or remediation, and subsequent reuse, of an 
                area in which 1 or more brownfield sites are located.
                    ``(B) The potential of the proposed project or the 
                development plan for an area in which 1 or more 
                brownfield sites are located to stimulate economic 
                development of the area on completion of the cleanup.
                    ``(C) The extent to which a grant would address or 
                facilitate the identification and reduction of threats 
                to human health and the environment.
                    ``(D) The extent to which a grant would facilitate 
                the use or reuse of existing infrastructure.
                    ``(E) The extent to which a grant would facilitate 
                the creation of, preservation of, or addition to a 
                park, a greenway, undeveloped property, recreational 
                property, or other property used for nonprofit 
                purposes.
                    ``(F) The extent to which a grant would 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 site is located because of the small 
                population or low income of the community.
                    ``(G) The extent to which the applicant is eligible 
                for funding from other sources.
                    ``(H) The extent to which a grant will further the 
                fair distribution of funding between urban and nonurban 
                areas.
                    ``(I) The extent to which the grant provides for 
                involvement of the local community in the process of 
                making decisions relating to cleanup and future use of 
                a brownfield site.
    ``(f) Implementation of Brownfields Programs.--
            ``(1) Establishment of program.--The Administrator may 
        provide, or fund eligible entities to provide, training, 
        research, and technical assistance to individuals and 
        organizations, as appropriate, to facilitate the inventory of 
        brownfield sites, site assessments, remediation of brownfield 
        sites, community involvement, or site preparation.
            ``(2) Funding restrictions.--The total Federal funds to be 
        expended by the Administrator under this subsection shall not 
        exceed 15 percent of the total amount appropriated to carry out 
        this section in any fiscal year.
    ``(g) Audits.--
            ``(1) In general.--The Inspector General of the 
        Environmental Protection Agency shall conduct such reviews or 
        audits of grants and loans under this section as the Inspector 
        General considers necessary to carry out this section.
            ``(2) Procedure.--An audit under this paragraph shall be 
        conducted in accordance with the auditing procedures of the 
        General Accounting Office, including chapter 75 of title 31, 
        United States Code.
            ``(3) Violations.--If the Administrator determines that a 
        person that receives a grant or loan under this section has 
        violated or is in violation of a condition of the grant, loan, 
        or applicable Federal law, the Administrator may--
                    ``(A) terminate the grant or loan;
                    ``(B) require the person to repay any funds 
                received; and
                    ``(C) seek any other legal remedies available to 
                the Administrator.
    ``(h) Leveraging.--An eligible entity that receives a grant under 
this section may use the grant funds for a portion of a project at a 
brownfield site for which funding is received from other sources if the 
grant funds are used only for the purposes described in subsection (b) 
or (c).
    ``(i) Agreements.--Each grant or loan made under this section shall 
be subject to an agreement that--
            ``(1) requires the recipient to comply with all applicable 
        Federal and State laws;
            ``(2) requires that the recipient use the grant or loan 
        exclusively for purposes specified in subsection (b) or (c), as 
        applicable;
            ``(3) in the case of an application by an eligible entity 
        under subsection (c)(1), requires the eligible entity to pay a 
        matching share (which may be in the form of a contribution of 
        labor, material, or services) of at least 20 percent, from non-
        Federal sources of funding, unless the Administrator determines 
        that the matching share would place an undue hardship on the 
        eligible entity; and
            ``(4) contains such other terms and conditions as the 
        Administrator determines to be necessary to carry out this 
        section.
    ``(j) Facility Other Than Brownfield Site.--The fact that a 
facility may not be a brownfield site within the meaning of section 
101(39)(A) has no effect on the eligibility of the facility for 
assistance under any other provision of Federal law.
    ``(k) Funding.--There is authorized to be appropriated to carry out 
this section $150,000,000 for each of fiscal years 2002 through 
2006.''.

             TITLE II--BROWNFIELDS LIABILITY CLARIFICATIONS

SEC. 201. CONTIGUOUS PROPERTIES.

    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 real property 
                that is contiguous to or otherwise similarly situated 
                with respect to, and that is or may be contaminated by 
                a release or threatened release of a hazardous 
                substance from, real property that is not owned by that 
                person 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--
                                    ``(I) potentially liable, or 
                                affiliated with any other person that 
                                is potentially liable, for response 
                                costs at a facility through any direct 
                                or indirect familial relationship or 
                                any contractual, corporate, or 
                                financial relationship (other than a 
                                contractual, corporate, or financial 
                                relationship that is created by a 
                                contract for the sale of goods or 
                                services); or
                                    ``(II) the result of a 
                                reorganization of a business entity 
                                that was potentially liable;
                            ``(iii) the person takes reasonable steps 
                        to--
                                    ``(I) stop any continuing release;
                                    ``(II) prevent any threatened 
                                future release; and
                                    ``(III) prevent or limit human, 
                                environmental, or natural resource 
                                exposure to any hazardous substance 
                                released on or from property owned by 
                                that person;
                            ``(iv) the person provides full 
                        cooperation, assistance, and access to persons 
                        that are authorized to conduct response actions 
                        or natural resource restoration at the vessel 
                        or facility from which there has been a release 
                        or threatened release (including the 
                        cooperation and access necessary for the 
                        installation, integrity, operation, and 
                        maintenance of any complete or partial response 
                        action at the vessel or facility);
                            ``(v) the person--
                                    ``(I) is in compliance with any 
                                land use restrictions established or 
                                relied on in connection with the 
                                response action at a facility; and
                                    ``(II) does not impede the 
                                effectiveness or integrity of any 
                                institutional control employed in 
                                connection with a response action;
                            ``(vi) the person is in compliance with any 
                        request for information or administrative 
                        subpoena issued by the President under this 
                        Act;
                            ``(vii) the person provides all legally 
                        required notices with respect to the discovery 
                        or release of any hazardous substances at the 
                        facility; and
                            ``(viii) at the time at which the person 
                        acquired the property, the person--
                                    ``(I) conducted all appropriate 
                                inquiry within the meaning of section 
                                101(35)(B) with respect to the 
                                property; and
                                    ``(II) did not know or have reason 
                                to know that the property was or could 
                                be contaminated by a release or 
                                threatened release of 1 or more 
                                hazardous substances from other real 
                                property not owned or operated by the 
                                person.
                    ``(B) Demonstration.--To qualify as a person 
                described in subparagraph (A), a person must establish 
                by a preponderance of the evidence that the conditions 
                in clauses (i) through (viii) of subparagraph (A) have 
                been met.
                    ``(C) Bona fide prospective purchaser.--Any person 
                that does not qualify as a person described in this 
                paragraph because the person had knowledge specified in 
                subparagraph (A)(viii) at the time of acquisition of 
                the real property may qualify as a bona fide 
                prospective purchaser under section 101(40) if the 
                person is otherwise described in that section.
                    ``(D) Ground water.--If a hazardous substance from 
                1 or more sources that are not on the property of a 
                person enters ground water beneath the property of the 
                person solely as a result of subsurface migration in an 
                aquifer, subparagraph (A)(iii) shall not require the 
                person to conduct ground water investigations or to 
                install ground water remediation systems, except in 
                accordance with the policy of the Environmental 
                Protection Agency concerning owners of property 
                containing contaminated aquifers, dated May 24, 1995.
            ``(2) Effect of law.--With respect to a person described in 
        this subsection, nothing in this subsection--
                    ``(A) limits any defense to liability that may be 
                available to the person under any other provision of 
                law; or
                    ``(B) imposes liability on the person that is not 
                otherwise imposed by subsection (a).
            ``(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).''.

SEC. 202. PROSPECTIVE PURCHASERS AND WINDFALL LIENS.

    (a) Definition of Bona Fide Prospective Purchaser.--Section 101 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601) (as amended by section 101(a)) is amended 
by adding at the end the following:
            ``(40) Bona fide prospective purchaser.--The term `bona 
        fide prospective purchaser' means a person (or a tenant of a 
        person) that acquires ownership of a facility after the date of 
        enactment of this paragraph and that establishes each of the 
        following by a preponderance of the evidence:
                    ``(A) Disposal prior to acquisition.--All disposal 
                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 in 
                        accordance with generally accepted good 
                        commercial and customary standards and 
                        practices in accordance with clauses (ii) and 
                        (iii).
                            ``(ii) Standards and practices.--The 
                        standards and practices referred to in clauses 
                        (ii) and (iv) of paragraph (35)(B) shall be 
                        considered to satisfy the requirements of this 
                        subparagraph.
                            ``(iii) Residential use.--In the case of 
                        property in residential or other similar use at 
                        the time of purchase 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 provides all legally 
                required notices with respect to the discovery or 
                release of any hazardous substances at the facility.
                    ``(D) Care.--The person exercises appropriate care 
                with respect to hazardous substances found at the 
                facility by taking reasonable steps to--
                            ``(i) stop any continuing release;
                            ``(ii) prevent any threatened future 
                        release; and
                            ``(iii) prevent or limit human, 
                        environmental, or natural resource exposure to 
                        any previously released hazardous substance.
                    ``(E) Cooperation, assistance, and access.--The 
                person provides full cooperation, assistance, and 
                access to persons that are authorized to conduct 
                response actions at a vessel or facility (including the 
                cooperation and access necessary for the installation, 
                integrity, operation, and maintenance of any complete 
                or partial response actions at the vessel or facility).
                    ``(F) Institutional control.--The person--
                            ``(i) is in compliance with any land use 
                        restrictions established or relied on in 
                        connection with the response action at a vessel 
                        or facility; and
                            ``(ii) does not impede the effectiveness or 
                        integrity of any institutional control employed 
                        at the vessel or facility in connection with a 
                        response action.
                    ``(G) Requests; subpoenas.--The person complies 
                with any request for information or administrative 
                subpoena issued by the President under this Act.
                    ``(H) No affiliation.--The person is not--
                            ``(i) potentially liable, or affiliated 
                        with any other person that is potentially 
                        liable, for response costs at a facility 
                        through--
                                    ``(I) any direct or indirect 
                                familial relationship; or
                                    ``(II) any contractual, corporate, 
                                or financial relationship (other than a 
                                contractual, corporate, or financial 
                                relationship that is created by the 
                                instruments by which title to the 
                                facility is conveyed or financed or by 
                                a contract for the sale of goods or 
                                services); or
                            ``(ii) the result of a reorganization of a 
                        business entity that was potentially liable.''.
    (b) Prospective Purchaser and Windfall Lien.--Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9607) (as amended by section 201) is amended by 
adding at the end the following:
    ``(p) Prospective Purchaser and Windfall Lien.--
            ``(1) Limitation on liability.--Notwithstanding subsection 
        (a)(1), 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 
        incurred by the United States at a facility for which an owner 
        of the facility is not liable by reason of paragraph (1), and 
        if each of the conditions described in paragraph (3) is met, 
        the United States shall have a lien on the facility, or may by 
        agreement with the party obtain from an appropriate party a 
        lien on any other property or other assurance of payment 
        satisfactory to the Administrator, for the unrecovered response 
        costs.
            ``(3) Conditions.--The conditions referred to in paragraph 
        (2) are the following:
                    ``(A) Response action.--A response action for which 
                there are unrecovered costs of the United States 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 
                before the response action was initiated.
            ``(4) Amount; duration.--A lien under paragraph (2)--
                    ``(A) shall be in an amount not to exceed the 
                increase in fair market value of the property 
                attributable to the response action at the time of a 
                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--
                            ``(i) satisfaction of the lien by sale or 
                        other means; or
                            ``(ii) notwithstanding any statute of 
                        limitations under section 113, recovery of all 
                        response costs incurred at the facility.''.

SEC. 203. INNOCENT LANDOWNERS.

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

                   TITLE III--STATE RESPONSE PROGRAMS

SEC. 301. STATE RESPONSE PROGRAMS.

    (a) Definitions.--Section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as 
amended by section 202) is amended by adding at the end the following:
            ``(41) Eligible response site.--
                    ``(A) In general.--The term `eligible response 
                site' means a site that meets the definition of a 
                brownfield site in subparagraphs (A) and (B) of 
                paragraph (39), as modified by subparagraphs (B) and 
                (C) of this paragraph.
                    ``(B) Inclusions.--The term `eligible response 
                site' includes--
                            ``(i) notwithstanding paragraph 
                        (39)(B)(ix), 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; or
                            ``(ii) a site for which, notwithstanding 
                        the exclusions provided in subparagraph (C) or 
                        paragraph (39)(B), the President determines, on 
                        a site-by-site basis and after consultation 
                        with the State, that limitations on enforcement 
                        under section 129 at sites specified in clause 
                        (iv), (v), (vi) or (viii) of paragraph (39)(B) 
                        would be appropriate and will--
                                    ``(I) protect human health and the 
                                environment; and
                                    ``(II) promote economic development 
                                or facilitate the creation of, 
                                preservation of, or addition to a park, 
                                a greenway, undeveloped property, 
                                recreational property, or other 
                                property used for nonprofit purposes.
                    ``(C) Exclusions.--The term `eligible response 
                site' does not include--
                            ``(i) a facility for which the President--
                                    ``(I) conducts or has conducted a 
                                remedial site investigation; and
                                    ``(II) after consultation with the 
                                State, determines or has determined 
                                that the site qualifies for listing on 
                                the National Priorities List;
                        unless the President has made a determination 
                        that no further Federal action will be taken; 
                        or
                            ``(ii) facilities that the President 
                        determines warrant particular consideration as 
                        identified by regulation, such as sites posing 
                        a threat to a sole-source drinking water 
                        aquifer or a sensitive ecosystem.''.
    (b) 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(b)) is amended by 
adding at the end the following:

``SEC. 129. STATE RESPONSE PROGRAMS.

    ``(a) Assistance to States.--
            ``(1) In general.--
                    ``(A) States.--The Administrator may award a grant 
                to a State or Indian tribe that--
                            ``(i) has a response program that includes 
                        each of the elements, or is taking reasonable 
                        steps to include each of the elements, listed 
                        in paragraph (2); or
                            ``(ii) is a party to a memorandum of 
                        agreement with the Administrator for voluntary 
                        response programs.
                    ``(B) Use of grants by states.--
                            ``(i) In general.--A State or Indian tribe 
                        may use a grant under this subsection to 
                        establish or enhance the response program of 
                        the State or Indian tribe.
                            ``(ii) Additional uses.--In addition to the 
                        uses under clause (i), a State or Indian tribe 
                        may use a grant under this subsection to--
                                    ``(I) capitalize a revolving loan 
                                fund for brownfield remediation under 
                                section 128(c); or
                                    ``(II) develop a risk sharing pool, 
                                an indemnity pool, or insurance 
                                mechanism to provide financing for 
                                response actions under a State response 
                                program.
            ``(2) Elements.--The elements of a State or Indian tribe 
        response program referred to in paragraph (1)(A)(i) are the 
        following:
                    ``(A) Timely survey and inventory of brownfield 
                sites in the State.
                    ``(B) Oversight and enforcement authorities or 
                other mechanisms, and resources, that are adequate to 
                ensure that--
                            ``(i) a response action will--
                                    ``(I) protect human health and the 
                                environment; and
                                    ``(II) be conducted in accordance 
                                with applicable Federal and State law; 
                                and
                            ``(ii) if the person conducting the 
                        response action fails to complete the necessary 
                        response activities, including operation and 
                        maintenance or long-term monitoring activities, 
                        the necessary response activities are 
                        completed.
                    ``(C) Mechanisms and resources to provide 
                meaningful opportunities for public participation, 
                including--
                            ``(i) public access to documents that the 
                        State, Indian tribe, or party conducting the 
                        cleanup is relying on or developing in making 
                        cleanup decisions or conducting site 
                        activities; and
                            ``(ii) prior notice and opportunity for 
                        comment on proposed cleanup plans and site 
                        activities.
                    ``(D) Mechanisms for approval of a cleanup plan, 
                and a requirement for verification by and certification 
                or similar documentation from the State, an Indian 
                tribe, or a licensed site professional to the person 
                conducting a response action indicating that the 
                response is complete.
            ``(3) Funding.--There is authorized to be appropriated to 
        carry out this subsection $50,000,000 for each of fiscal years 
        2002 through 2006.
    ``(b) Enforcement in Cases of a Release Subject to State Program.--
            ``(1) Enforcement.--
                    ``(A) In general.-- Except as provided in 
                subparagraph (B) and subject to subparagraph (C), in 
                the case of an eligible response site at which--
                            ``(i) there is a release or threatened 
                        release of a hazardous substance, pollutant, or 
                        contaminant; and
                            ``(ii) a person is conducting or has 
                        completed a response action regarding the 
                        specific release that is addressed by the 
                        response action that is in compliance with the 
                        State program that specifically governs 
                        response actions for the protection of public 
                        health and the environment;
                the President may not use authority under this Act to 
                take an administrative or judicial enforcement action 
                under section 106(a) or to take a judicial enforcement 
                action to recover response costs under section 107(a) 
                against the person regarding the specific release that 
                is addressed by the response action.
                    ``(B) Exceptions.--The President may bring an 
                enforcement action under this Act during or after 
                completion of a response action described in 
                subparagraph (A) with respect to a release or 
                threatened release at an eligible response site 
                described in that subparagraph if--
                            ``(i) the State requests that the President 
                        provide assistance in the performance of a 
                        response action;
                            ``(ii) the Administrator determines that 
                        contamination has migrated or will migrate 
                        across a State line, resulting in the need for 
                        further response action to protect human health 
                        or the environment, or the President determines 
                        that contamination has migrated or is likely to 
                        migrate onto property subject to the 
                        jurisdiction, custody, or control of a 
                        department, agency, or instrumentality of the 
                        United States and may impact the authorized 
                        purposes of the Federal property;
                            ``(iii) after taking into consideration the 
                        response activities already taken, the 
                        Administrator determines that--
                                    ``(I) a release or threatened 
                                release may present an imminent and 
                                substantial endangerment to public 
                                health or welfare or the environment; 
                                and
                                    ``(II) additional response actions 
                                are likely to be necessary to address, 
                                prevent, limit, or mitigate the release 
                                or threatened release; or
                            ``(iv) the Administrator determines that 
                        information, that on the earlier of the date on 
                        which cleanup was approved or completed, was 
                        not known by the State, as recorded in 
                        documents prepared or relied on in selecting or 
                        conducting the cleanup, has been discovered 
                        regarding the contamination or conditions at a 
                        facility such that the contamination or 
                        conditions at the facility present a threat 
                        requiring further remediation to protect public 
                        health or welfare or the environment.
                    ``(C) Public record.--The limitations on the 
                authority of the President under subparagraph (A) apply 
                only at sites in States that maintain, update not less 
                than annually, and make available to the public a 
                record of sites, by name and location, at which 
                response actions have been completed in the previous 
                year and are planned to be addressed under the State 
                program that specifically governs response actions for 
                the protection of public health and the environment in 
                the upcoming year. The public record shall identify 
                whether or not the site, on completion of the response 
                action, will be suitable for unrestricted use and, if 
                not, shall identify the institutional controls relied 
                on in the remedy. Each State and tribe receiving 
                financial assistance under subsection (a) shall 
                maintain and make available to the public a record of 
                sites as provided in this paragraph.
                    ``(D) EPA notification.--
                            ``(i) In general.--In the case of an 
                        eligible response site at which there is a 
                        release or threatened release of a hazardous 
                        substance, pollutant, or contaminant and for 
                        which the Administrator intends to carry out an 
                        action that may be barred under subparagraph 
                        (A), the Administrator shall--
                                    ``(I) notify the State of the 
                                action the Administrator intends to 
                                take; and
                                    ``(II)(aa) wait 48 hours for a 
                                reply from the State under clause (ii); 
                                or
                                    ``(bb) if the State fails to reply 
                                to the notification or if the 
                                Administrator makes a determination 
                                under clause (iii), take immediate 
                                action under that clause.
                            ``(ii) State reply.--Not later than 48 
                        hours after a State receives notice from the 
                        Administrator under clause (i), the State shall 
                        notify the Administrator if--
                                    ``(I) the release at the eligible 
                                response site is or has been subject to 
                                a cleanup conducted under a State 
                                program; and
                                    ``(II) the State is planning to 
                                abate the release or threatened 
                                release, any actions that are planned.
                            ``(iii) Immediate federal action.--The 
                        Administrator may take action immediately after 
                        giving notification under clause (i) without 
                        waiting for a State reply under clause (ii) if 
                        the Administrator determines that 1 or more 
                        exceptions under subparagraph (B) are met.
                    ``(E) Report to congress.--Not later than 90 days 
                after the date of initiation of any enforcement action 
                by the President under clause (ii), (iii), or (iv) of 
                subparagraph (B), the President shall submit to 
                Congress a report describing the basis for the 
                enforcement action, including specific references to 
                the facts demonstrating that enforcement action is 
                permitted under subparagraph (B).
            ``(2) Savings provision.--
                    ``(A) Costs incurred prior to limitations.--Nothing 
                in paragraph (1) precludes the President from seeking 
                to recover costs incurred prior to the date of 
                enactment of this section or during a period in which 
                the limitations of paragraph (1)(A) were not 
                applicable.
                    ``(B) Effect on agreements between states and 
                epa.--Nothing in paragraph (1)--
                            ``(i) modifies or otherwise affects a 
                        memorandum of agreement, memorandum of 
                        understanding, or any similar agreement 
                        relating to this Act between a State agency or 
                        an Indian tribe and the Administrator that is 
                        in effect on or before the date of enactment of 
                        this section (which agreement shall remain in 
                        effect, subject to the terms of the agreement); 
                        or
                            ``(ii) limits the discretionary authority 
                        of the President to enter into or modify an 
                        agreement with a State, an Indian tribe, or any 
                        other person relating to the implementation by 
                        the President of statutory authorities.
            ``(3) Effective date.--This subsection applies only to 
        response actions conducted after June 8, 2000.
    ``(c) Effect on Federal Laws.--Nothing in this section affects any 
liability or response authority under any Federal law, including--
            ``(1) this Act, except as provided in subsection (b);
            ``(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. 302. ADDITIONS TO NATIONAL PRIORITIES LIST.

    Section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9605) is amended by 
adding at the end the following:
    ``(h) NPL Deferral.--
            ``(1) Deferral to state voluntary cleanups.--At the request 
        of a State and subject to paragraphs (2) and (3), the President 
        generally shall defer final listing of an eligible response 
        site on the National Priorities List if the President 
        determines that--
                    ``(A) the State, or another party under an 
                agreement with or order from the State, is conducting a 
                response action at the eligible response site--
                            ``(i) in compliance with a State program 
                        that specifically governs response actions for 
                        the protection of public health and the 
                        environment; and
                            ``(ii) that will provide long-term 
                        protection of human health and the environment; 
                        or
                    ``(B) the State is actively pursuing an agreement 
                to perform a response action described in subparagraph 
                (A) at the site with a person that the State has reason 
                to believe is capable of conducting a response action 
                that meets the requirements of subparagraph (A).
            ``(2) Progress toward cleanup.--If, after the last day of 
        the 1-year period beginning on the date on which the President 
        proposes to list an eligible response site on the National 
        Priorities List, the President determines that the State or 
        other party is not making reasonable progress toward completing 
        a response action at the eligible response site, the President 
        may list the eligible response site on the National Priorities 
        List.
            ``(3) Cleanup agreements.--With respect to an eligible 
        response site under paragraph (1)(B), if, after the last day of 
        the 1-year period beginning on the date on which the President 
        proposes to list the eligible response site on the National 
        Priorities List, an agreement described in paragraph (1)(B) has 
        not been reached, the President may defer the listing of the 
        eligible response site on the National Priorities List for an 
        additional period of not to exceed 180 days if the President 
        determines deferring the listing would be appropriate based 
        on--
                    ``(A) the complexity of the site;
                    ``(B) substantial progress made in negotiations; 
                and
                    ``(C) other appropriate factors, as determined by 
                the President.
            ``(4) Exceptions.--The President may decline to defer, or 
        elect to discontinue a deferral of, a listing of an eligible 
        response site on the National Priorities List if the President 
        determines that--
                    ``(A) deferral would not be appropriate because the 
                State, as an owner or operator or a significant 
                contributor of hazardous substances to the facility, is 
                a potentially responsible party;
                    ``(B) the criteria under the National Contingency 
                Plan for issuance of a health advisory have been met; 
                or
                    ``(C) the conditions in paragraphs (1) through (3), 
                as applicable, are no longer being met.''.
                                 <all>