[Congressional Record Volume 147, Number 87 (Thursday, June 21, 2001)]
[Senate]
[Pages S6607-S6611]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN (for himself, Mr. Jeffords, Mr. Baucus, Mr. Kennedy, 
        Ms. Stabenow, Mr. Reid, Mr. Schumer, Mr. Leahy, Mr. Corzine, 
        Mr. Sarbanes, and Mr. Dayton):
  S. 1079. A bill to amend the Public Works and Economic Development 
Act of 1965 to provide assistance to communities for the redevelopment 
of brownfield sites; to the Committee on Environment and Public Works.
  Mr. LEVIN. Mr. President, I am introducing today, along with Senator 
Jeffords, as co-chairmen of the Senate Smart Growth Task Force, two 
bills to help communities expedite the economic redevelopment of 
brownfields. These bills are complementary to S. 350 which we strongly 
support. Brownfields are abandoned, idled, or under-used industrial and 
commercial properties where expansion or redevelopment is complicated 
by real or perceived environmental contamination. More than 450,000 of 
these sites taint our nation's landscape, inhibiting economic 
development and posing a threat to human health and the environment. 
Undeveloped, or underdeveloped, brownfields blight communities forcing 
development onto greenfields. But redeveloped, these sites offer new 
opportunities for businesses, housing and green space. Brownfields 
redevelopment is a fiscally-sound way to bring investment back to 
neglected neighborhoods, cleanup the environment, reuse existing 
infrastructure that is already paid for, utilize existing markets and 
labor pools, and relieve development pressure on our urban fringe and 
farmlands.
  My home State of Michigan is a national leader in brownfields 
redevelopment. Michigan communities are reclaiming brownfields in urban 
centers, towns and villages, ensuring that natural areas and 
greenspaces are less likely to succumb to sprawl when there are 
brownfield properties available to meet development needs. The City of 
Kalamazoo has leveraged $28 million in private investment and created 
over 200 jobs through its brownfields redevelopment program. The city 
has fully completed development of 4 sites and played a role in the 
redevelopment of 16 properties, creating new opportunities for 
commercial and industrial development. The City of St. Ignace, a small 
community in the Upper Peninsula of Michigan, successfully redeveloped 
a former railroad property into a community recreation building and 
conference center. The project, built jointly by the Sault Ste. Marie 
Chippewa Indian Tribe and the City of St. Ignace, created jobs and has 
the potential of stimulating additional year-round tourist activities 
where seasonal unemployment rates range between 20-25 percent during 
the winter months.
  At the Federal level, we need to support local communities and States 
in their efforts to reclaim brownfields by providing economic 
development resources to revitalize these sites. The two bills I am 
introducing today will aid cities like Kalamazoo and St. Ignace in 
their efforts to promote social well-being and create economic vitality 
by redeveloping brownfields.
  The first bill, the Brownfield Site Redevelopment Assistance Act of 
2001, creates a new program within the Department of Commerce's 
Economic Development Administration, EDA, to provide targeted 
assistance for projects that redevelop brownfield sites. The Act would 
provide EDA with a dedicated source of funding for brownfields 
redevelopment and increased funding flexibility to help States, local 
communities, Indian tribes and nonprofit organizations restore these 
sites to productive use. This bill would provide EDA with the authority 
to facilitate effective economic development planning for reuse; 
develop the infrastructure necessary to prepare brownfield sites for 
re-entry into the market; and, provide the capital necessary to support 
new business development on brownfields. The bill provides $60 million 
each year for FY2002 to FY2006.
  The second bill, the Brownfields Economic Development Act of 2001, 
would allow the Department of Housing and Urban Development, HUD, to 
make existing Brownfields Economic Development Initiative, BEDI, grants 
more easily available to units of general local government and 
federally-recognized Indian tribes by permitting the Department to make 
these grants independent of economic development loan guarantees. The 
bill also provides funding for small communities, known as 
nonentitlement areas, and federally-recognized Indian tribes.
  BEDI grants can help communities redevelop brownfields by providing 
local governments with a flexible source of funding to pursue 
brownfields redevelopment through land acquisition, site preparation, 
economic development and other activities. Currently, BEDI grants are 
required to support economic development loan guarantees known as 
Section 108 loan guarantees. To be eligible for these funds, a local 
community or State must pledge Community Development Block Grant, CDBG, 
funds as partial collateral for the loan guarantee. This requirement is 
a significant barrier to many local communities that need assistance to 
revitalize brownfields, but are unable to pledge these funds. This bill 
would allow HUD to make BEDI grants independent of economic development 
loan guarantees, providing critical financial assistance to leverage 
private sector investment in brownfields.

  Many organizations support these bills, including: (1) the Council 
for Urban Economic Development, (2) Enterprise Foundation, (3) National 
Association of Business Incubators, (4) National Association of 
Counties, (5) National Association of Development Organizations, (6) 
National Association of Installation Developers, (7) National 
Association of Regional Councils, (8) National Association of Towns and 
Townships, (9) National Congress for Community Economic Development, 
(10) National League of Cities, (11) Smart Growth America, and (12) 
United States Conference of Mayors. Brownfields affect urban, rural and 
Native American communities. In urban areas, the U.S. Conference of 
Mayors, USCM, estimates that brownfields redevelopment could generate 
more than 550,000 additional jobs and up to $2.4 billion in new tax 
revenues in over one hundred cities surveyed. The cities surveyed by 
the USCM reported that lack of funding for redevelopment and liability 
problems arising from Superfund are the major obstacles to reuse. In 
rural areas it is easy to ``leap frog'' over brownfields to abundant 
open space. The National Association of Development Organizations, 
NADO, in a report on reclaiming rural America's brownfields found that 
Federal agencies are not reaching rural areas through existing 
brownfields programs, and rural communities need financial and 
technical assistance to include brownfields in economic development 
strategies. Indian tribes face a legacy of contamination from former 
agricultural, industrial and commercial facilities. The Environmental 
Protection Agency estimates that nationwide there are 1,645 facilities 
located on tribal lands and 6,982 facilities located within three miles 
of tribal lands. Nationally, State brownfields programs have 
facilitated reuse of more than 40,000 sites, but this is less than 10 
percent of the estimated 450,000 brownfields nationwide. A report of 
the National Governors Association stated that assessment and cleanup 
of brownfields are only part of the process, equally important is 
physical development of these sites. These two bills would provide the 
financial resources to help communities and states

[[Page S6608]]

realize new private investment and tax revenues from the redevelopment 
of brownfields, and would assist EDA and HUD to reach rural towns and 
Indian tribes to support their reuse efforts.
  The two bills that Senator Jeffords and I are introducing will 
complement the resources and liability clarifications provided in S. 
350, and together these three bills will provide communities with the 
financial assistance needed to leverage private investment in 
brownfields and accelerate reuse. Providing economic development 
resources through HUD and EDA can stimulate brownfields economic 
development by leveraging private investment into communities, and can 
give communities the financial resources and technical assistance they 
need to turn brownfield environmental liabilities into economic assets.
  I ask unanimous consent that the text of the two bills and letters of 
support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1078

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

     SECTION. 1. SHORT TITLE.

       This Act may be cited as the ``Brownfields Economic 
     Development Act of 2001''.

     SEC. 2. ECONOMIC DEVELOPMENT GRANTS.

       Section 108(q) of the Housing and Community Development Act 
     of 1974 (42 U.S.C. 5308(q)) is amended--
       (1) in paragraph (2), by striking ``Assistance'' and 
     inserting ``Except as provided in paragraph (5), 
     assistance'';
       (2) in paragraph (3), by striking ``Eligible'' and 
     inserting ``Except as provided in paragraph (5), eligible''; 
     and
       (3) by adding at the end the following:
       ``(5) Brownfields redevelopment grants.--
       ``(A) Grant Authority.--Notwithstanding paragraph (1), of 
     amounts made available to carry out this subsection, the 
     Secretary may make grants, on a competitive basis, to 
     eligible public entities and federally recognized Indian 
     tribes for the redevelopment of brownfield sites, independent 
     of any note or other obligation guaranteed under subsection 
     (a).
       ``(B) Set-aside.--Of the amounts made available for grants 
     under this paragraph, the Secretary shall set aside not less 
     than 10 percent and not more than 30 percent, which shall be 
     used for brownfield site redevelopment in nonentitlement 
     areas and by federally recognized Indian tribes.
       ``(C) Brownfield site definition.--
       ``(i) 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--

       ``(I) a hazardous substance (as defined in section 101 of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601)); or
       ``(II) any other pollutant or contaminant, as determined by 
     the Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency.

       ``(ii) Exclusions.--Except as provided in clause (iii), the 
     term `brownfield site' does not include--

       ``(I) a facility that is the subject of a planned or 
     ongoing removal action under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.);
       ``(II) a facility that is listed on the National Priorities 
     List, or is proposed for listing, under that Act;
       ``(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 that 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--

       ``(aa) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.);
       ``(bb) the Federal Water Pollution Control Act (33 U.S.C. 
     1321);
       ``(cc) the Toxic Substances Control Act (15 U.S.C. 2601 et 
     seq.); or
       ``(dd) the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.);

       ``(V) a facility that--

       ``(aa) 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
       ``(bb) 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--

       ``(aa) a closure notification under subtitle C of the Solid 
     Waste Disposal Act (42 U.S.C. 6921 et seq.) has been 
     submitted; and
       ``(bb) 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--

       ``(aa) at which there has been a release of polychlorinated 
     biphenyls; and
       ``(bb) 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.

       ``(iii) Site-by-site inclusions.--The term `brownfield 
     site', with respect to the provision of financial assistance, 
     includes a site referred to in subclause (I), (IV), (V), 
     (VI), (VIII), or (IX) of clause (ii), if, on a site-by-site 
     basis, the Secretary, in consultation with the Administrator 
     of the Environmental Protection Agency, determines that use 
     of the financial assistance at the site will--

       ``(I) protect human health and the environment; and
       ``(II)(aa) promote economic development; or
       ``(bb) 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 inclusions.--For purposes of subparagraph 
     (C), the term `brownfield site' includes a site that meets 
     the definition of `brownfield site' under clauses (i) through 
     (iii) of subparagraph (C) that--
       ``(i) is contaminated by a controlled substance (as defined 
     in section 102 of the Controlled Substances Act (21 U.S.C. 
     802));
       ``(ii)(I) is contaminated by petroleum or a petroleum 
     product excluded from the definition of `hazardous substance' 
     under section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601); and
       ``(II) is a site determined by the Secretary, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, to be--

       ``(aa) of relatively low risk, as compared with other 
     petroleum-only sites in the State in which the site is 
     located; and
       ``(bb) a site for which there is no viable responsible 
     party and that will be assessed, investigated, or cleaned up 
     by a person that is not potentially liable for cleaning up 
     the site; and

       ``(III) is not subject to any order issued under section 
     9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)); 
     or
       ``(iii) is mine-scarred land.''.
                                  ____


                                S. 1079

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Brownfield Site 
     Redevelopment Assistance Act of 2001''.

     SEC. 2. PURPOSES.

       Consistent with section 2 of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3121), the purposes of 
     this Act are--
       (1) to provide targeted assistance, including planning 
     assistance, for projects that promote the redevelopment, 
     restoration, and economic recovery of brownfield sites; and
       (2) through such assistance, to further the goals of 
     restoring the employment and tax bases of, and bringing new 
     income and private investment to, distressed communities that 
     have not participated fully in the economic growth of the 
     United States because of a lack of an adequate private sector 
     tax base to support essential public services and facilities.

     SEC. 3. DEFINITIONS.

       Section 3 of the Public Works and Economic Development Act 
     of 1965 (42 U.S.C. 3122) is amended--
       (1) by redesignating paragraphs (1) through (10) as 
     paragraphs (2) through (11), respectively;
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) 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--
       ``(i) a hazardous substance (as defined in section 101 of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601)); or
       ``(ii) any other pollutant or contaminant, as determined by 
     the Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency.
       ``(B) Exclusions.--Except as provided in subparagraph (C), 
     the term `brownfield site' does not include--
       ``(i) a facility that is the subject of a planned or 
     ongoing removal action under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.);
       ``(ii) a facility that is listed on the National Priorities 
     List, or is proposed for listing on that list, under that 
     Act;
       ``(iii) a facility that is the subject of a unilateral 
     administrative order, a court order, an administrative order 
     on consent, or a judicial consent decree that has been issued 
     to or entered into by the parties under that Act;
       ``(iv) a facility that is the subject of a unilateral 
     administrative order, a court order,

[[Page S6609]]

     an administrative order on consent, or a 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--

       ``(I) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.);
       ``(II) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.);
       ``(III) the Toxic Substances Control Act (15 U.S.C. 2601 et 
     seq.); or
       ``(IV) the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.);

       ``(v) a facility--

       ``(I) that is subject to corrective action under section 
     3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 
     6924(u), 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 by section 9508 of the Internal Revenue Code of 
     1986.
       ``(C) Site-by-site inclusions.--The term `brownfield site' 
     includes a site referred to in clause (i), (iv), (v), (vi), 
     (viii), or (ix) of subparagraph (B), if, on a site-by-site 
     basis, the Secretary, in consultation with the Administrator 
     of the Environmental Protection Agency, determines that use 
     of the financial assistance at the site will--
       ``(i) protect human health and the environment; and
       ``(ii)(I) promote economic development; or
       ``(II) 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 inclusions.--The term `brownfield site' 
     includes a site that meets the definition of `brownfield 
     site' under subparagraphs (A) through (C) that--
       ``(i) is contaminated by a controlled substance (as defined 
     in section 102 of the Controlled Substances Act (21 U.S.C. 
     802));
       ``(ii)(I) is contaminated by petroleum or a petroleum 
     product excluded from the definition of `hazardous substance' 
     under section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601); and
       ``(II) is a site determined by the Secretary, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, to be--

       ``(aa) of relatively low risk, as compared with other 
     petroleum-only sites in the State in which the site is 
     located; and
       ``(bb) a site for which there is no viable responsible 
     party and that will be assessed, investigated, or cleaned up 
     by a person that is not potentially liable for cleaning up 
     the site; and

       ``(III) is not subject to any order issued under section 
     9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)); 
     or
       ``(iii) is mine-scarred land.''; and
       (3) by adding at the end the following:
       ``(12) Unused land.--The term `unused land' means any 
     publicly-owned or privately-owned unused, underused, or 
     abandoned land that is not contributing to the quality of 
     life or economic well-being of the community in which the 
     land is located.''.

     SEC. 4. COORDINATION.

       Section 103 of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3132) is amended--
       (1) by inserting ``(a) Comprehensive Economic Development 
     Strategies.--'' before ``The Secretary''; and
       (2) by adding at the end the following:
       ``(b) Brownfield Site Redevelopment.--The Secretary shall 
     coordinate activities relating to the redevelopment of 
     brownfield sites under this Act with other Federal agencies, 
     States, local governments, consortia of local governments, 
     Indian tribes, nonprofit organizations, and public-private 
     partnerships.''.

     SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.

       (a) In General.--Title II of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended--
       (1) by redesignating sections 210 through 213 as sections 
     211 through 214, respectively; and
       (2) by inserting after section 209 the following:

     ``SEC. 210. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.

       ``(a) In General.--On the application of an eligible 
     recipient, the Secretary may make grants for projects to 
     alleviate or prevent conditions of excessive unemployment, 
     underemployment, blight, and infrastructure deterioration 
     associated with brownfield sites, including projects 
     consisting of--
       ``(1) development of public facilities;
       ``(2) development of public services;
       ``(3) business development (including funding of a 
     revolving loan fund);
       ``(4) planning;
       ``(5) technical assistance; and
       ``(6) training.
       ``(b) Criteria for Grants.--The Secretary may provide a 
     grant for a project under this section only if--
       ``(1) the Secretary determines that the project will assist 
     the area where the project is or will be located to meet, 
     directly or indirectly, a special need arising from--
       ``(A) a high level of unemployment or underemployment, or a 
     high proportion of low-income households;
       ``(B) the existence of blight and infrastructure 
     deterioration;
       ``(C) dislocations resulting from commercial or industrial 
     restructuring;
       ``(D) outmigration and population loss, as indicated by--
       ``(i)(I) depletion of human capital (including young, 
     skilled, or educated populations);
       ``(II) depletion of financial capital (including firms and 
     investment); or
       ``(III) a shrinking tax base; and
       ``(ii) resulting--

       ``(I) fiscal pressure;
       ``(II) restricted access to markets; and
       ``(III) constrained local development potential; or

       ``(E) the closure or realignment of--
       ``(i) a military or Department of Energy installation; or
       ``(ii) any other Federal facility; and
       ``(2) except in the case of a project consisting of 
     planning or technical assistance--
       ``(A) the Secretary has approved a comprehensive economic 
     development strategy for the area where the project is or 
     will be located; and
       ``(B) the project is consistent with the comprehensive 
     economic development strategy.
       ``(c) Particular Community Assistance.--Assistance under 
     this section may include assistance provided for activities 
     identified by a community, the economy of which is injured by 
     the existence of 1 or more brownfield sites, to assist the 
     community in--
       ``(1) revitalizing affected areas by--
       ``(A) diversifying the economy of the community; or
       ``(B) carrying out industrial or commercial (including 
     mixed use) redevelopment projects on brownfield sites or 
     sites adjacent to brownfield sites;
       ``(2) carrying out development that conserves environmental 
     and agricultural resources by--
       ``(A) reusing existing facilities and infrastructure;
       ``(B) reclaiming unused land and abandoned buildings; or
       ``(C) creating publicly owned parks, playgrounds, 
     recreational facilities, or cultural centers that contribute 
     to the economic revitalization of a community; or
       ``(3) carrying out a collaborative economic development 
     planning process, developed with broad-based and diverse 
     community participation, that addresses the economic 
     repercussions and opportunities posed by the existence of 
     brownfield sites in an area.
       ``(d) Direct Expenditure or Redistribution by Eligible 
     Recipient.--
       ``(1) In general.--Subject to paragraph (2), an eligible 
     recipient of a grant under this section may directly expend 
     the grant funds or may redistribute the funds to public and 
     private entities in the form of a grant, loan, loan 
     guarantee, payment to reduce interest on a loan guarantee, or 
     other appropriate assistance.
       ``(2) Limitation.--Under paragraph (1), an eligible 
     recipient may not provide any grant to a private for-profit 
     entity.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Public Works and Economic Development Act of 1965 
     (42 U.S.C. prec. 3121) is amended by striking the items 
     relating to sections 210 through 213 and inserting the 
     following:

``Sec. 210. Grants for brownfield site redevelopment.
``Sec. 211. Changed project circumstances.
``Sec. 212. Use of funds in projects constructed under projected cost.
``Sec. 213. Reports by recipients.
``Sec. 214. Prohibition on use of funds for attorney's and consultant's 
              fees.''.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Title VII of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR BROWNFIELD 
                   SITE REDEVELOPMENT.

       ``(a) In General.--In addition to amounts made available 
     under section 701, there is authorized to be appropriated to 
     carry out section 210 $60,000,000 for each of fiscal years 
     2002 through 2006, to remain available until expended.
       ``(b) Federal Share.--Notwithstanding section 204, subject 
     to section 205, the Federal share of the cost of activities 
     funded with amounts made available under subsection (a) shall 
     be not more than 75 percent.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Public Works and Economic Development Act of 1965 
     (42

[[Page S6610]]

     U.S.C. prec. 3121) is amended by adding at the end of the 
     items relating to title VII the following:

``Sec. 704. Authorization of appropriations for brownfield site 
              redevelopment.''.
                                  ____



                                    The Enterprise Foundation,

                                       Columbia, MD, June 6, 2001.
     Hon. Carl Levin,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Levin: The Enterprise Foundation commends you 
     for introducing with Senator Jeffords the ``Brownfield Site 
     Redevelopment Assistance Act of 2001'' and the ``Brownfields 
     Economic Development Act of 2001.'' Enterprise strongly 
     support these two bills.
       Enterprise is a national nonprofit organization that raises 
     resources and channels them to grassroots at the local level 
     for affordable housing, economic development and other 
     community revitalization initiatives in distressed urban and 
     rural neighborhoods nationwide. Central to our mission is 
     generating investment in areas suffering from blight, neglect 
     and disinvestment. Brownfields are prime examples of such 
     areas.
       Enterprise is engaged in several large-scale brownfield 
     redevelopment efforts around the country. Targeted incentives 
     such as your bills provide would enable Enterprise and others 
     in the private sector to convert more brownfields to 
     productive uses.
       By spurring brownfields redevelopment, your bills direct 
     limited public resources to places that already benefit from 
     existing infrastructure and promote economic investment where 
     it is needed most. The bills epitomize smart growth and 
     comprehensive community development principles.
       Thank you for your leadership on this important issue.
           Sincerely,
                                             F. Barton Harvey III,
     Chairman and Chief Executive Officer.
                                  ____



                             National Association of Counties,

                                                   March 15, 2001.
     Hon. Carl Levin,
     Russell Senate Office Building,
     Washington, DC.
     Hon. James Jeffords,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Levin and Senator Jeffords: The National 
     Association of Counties (NACo) commends both of your efforts 
     in offering bipartisan legislation to address the 
     redevelopment of brownfields.
       NACo advocates for the redevelopment of these sites, in 
     both urban and rural counties, as a component of a county's 
     broader interest in achieving sustainable development on a 
     regional basis. Redevelopment of abandoned or underutilized 
     sites can stimulate economic revitalization in the 
     surrounding areas, and preserve green space by providing an 
     alternative to unchecked urban sprawl. Therefore, NACo 
     strongly supports language mandating the development of a 
     comprehensive economic development strategy.
       We applaud your efforts to provide assistance for 
     redevelopment projects that promote the redevelopment, 
     restoration and economic recovery of brownfield sites. 
     Furthermore, NACo supports the legislative objective of 
     bringing new income and private investment to distressed 
     communities that have not fully participated in the 
     nationwide economic expansion. This legislation is closely 
     aligned with NACo policy objectives, and we offer our support 
     during the legislative process.
       Thank you for your leadership on this important issue. 
     Please feel free to contact Cassandra Matthews, Associate 
     Legislative Director, at (202) 942-4204 if you need 
     additional information or assistance.
           Sincerely,
                                                   Larry E. Naake,
     Executive Director.
                                  ____

                                           National Association of


                                    Development Organizations,

                                    Washington, DC, March 9, 2001.
     Hon. Carl Levin,
     U.S. Senate,
     Washington, DC.
       Dear Senator Levin: On behalf of the National Association 
     of Development Organizations (NADO), I am writing to express 
     our strong support for your efforts to enhance and support 
     the Economic Development Administration's (EDA's) brownfields 
     redevelopment activities.
       As a national association representing regional planning 
     and development organizations that provide valuable 
     professional and technical assistance to over 1,800 counties 
     and 15,000 small cities and towns, we recognize the value and 
     benefits of returning former commercial and industrial sites 
     to productive use. This includes targeting sites in small 
     metropolitan and rural America, as well as our urban centers.
       In addition to being encouraged and supportive of 
     congressional efforts to strengthen the Environmental 
     Protection Agency's (EPA's) brownfields portfolio, we also 
     recognize the unique tools and experience that EDA has to 
     offer local communities. While EPA has implemented effective 
     assessment and clean up programs, there is a tremendous need 
     for federal programs focused on redeveloping and transforming 
     the former brownfields sites into productive facilities.
       Over the past 35 years, EDA has developed a successful 
     track record in partnering with local communities to 
     revitalize, upgrade and expand former commercial sites into 
     industrial facilities that help create quality jobs, expand 
     the local tax base and improve the quality of life in the 
     area. This includes making the necessary investments in 
     infrastructure, as well as providing essential planning and 
     technical assistance.
       EDA has also proven to be an effective federal partner for 
     EPA, with the two federal agencies leveraging their funding 
     and particular expertise to assist communities. Therefore, we 
     strongly support your efforts to provide EDA with the 
     resources and program tools needed to help small metropolitan 
     and rural communities convert brownfields into economic 
     development opportunities.
           Sincerely,
                                               Aliceann Wohlbruck,
     Executive Director.
                                  ____



                                         Smart Growth America,

                                    Washington, DC, April 4, 2001.
     Hon. James Jeffords,
     Co-Chair, Senate Smart Growth Task Force, U.S. Senate, 
         Washington, DC.
     Hon. Carl Levin,
     Co-Chair, Senate Smart Growth Task Force, U.S. Senate, 
         Washington, DC.
       Dear Senator Jeffords and Senator Levin: Smart Growth 
     America would like to thank you for your leadership on the 
     introduction of the Brownfields Economic Development Act of 
     2001 and the Brownfields Site Redevelopment Assistance Act of 
     2001. We strongly support these bills and your efforts to 
     complement the Brownfields Revitalization and Environmental 
     Restoration Act of 2001 by focusing on the physical 
     redevelopment of brownfields.
       S. 350 provides needed liability relief and funding to 
     inventory, assess and remediate brownfield sites. These two 
     new bills build upon S. 350 by providing communities with 
     additional economic development resources to return 
     brownfields to productive use.
       Economic development of brownfield sites is an essential 
     element of smart growth--growth that revitalizes 
     neighborhoods, creates and preserves affordable housing, 
     promotes transportation choice, and preserves open space and 
     farmland. And, it makes economic sense. The U.S. Conference 
     of Mayors found that as much as $2.4 billion annually could 
     be generated in new tax revenues by fully tapping into the 
     potential of our nation's brownfields. This economic 
     development could create more than 550,000 new jobs.
       The Brownfields Economic Development Act and the Brownfield 
     Site Redevelopment Assistance Act improve the ability of the 
     Department of Housing and Urban Development (HUD) and the 
     Department of Commerce's Economic Development Administration 
     to fund and assist communities in their efforts to develop 
     their brownfields and return them to productive use. We 
     applaud your efforts and look forward to working with you to 
     see the timely passage of these measures.
           Sincerely,
                                                         Don Chen,
     Director.
                                  ____



                           Coalition for Economic Development,

                                                   March 16, 2001.
     Hon. Carl Levin,
     Russell Senate Office Building,
     Washington, DC.
     Hon. James Jeffords,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Levin and Senator Jeffords: The organizations 
     that comprise the Coalition for Economic Development commend 
     both of you for proposing legislation that will address much-
     needed redevelopment of brownfields.
       The establishment within the Economic Development 
     Administration of a revolving loan fund especially devoted to 
     brownfields will quickly increase the amount of money ``on 
     the street'' for redevelopment. EDA has a highly successful 
     track record in operating a revolving loan fund that has put 
     millions of dollars into business development in low-income 
     urban and rural areas and has leveraged millions more.
       The requirement to develop a comprehensive economic 
     development strategy will guarantee that different 
     constituents within a community are given a voice in 
     redevelopment planning.
       The changes you propose in the Department of House and 
     Urban Development's Section 108 will encourage greater use of 
     this program since it does not tie up future Community 
     Development Block Grant funding that is equally needed for 
     other purposes.
       Together, the EDA revolving fund and the HUD grant program 
     will provide local governments, regional councils and non-
     profits with excellent programs to help redevelop these 
     unutilized and underutilized areas that have become eye-sores 
     that have hindered revitalization in many urban and rural 
     areas. Brownfields redevelopment helps turn those eye-sores 
     into homes, businesses, parks and active commercial 
     districts.
       Please feel free to contact any members of the coalition. A 
     list of contacts is attached.


                              Contact list

       Beverly Nykwest, chair, Director of Policy, National 
     Association of Regional Councils, (202) 457-0710, ext. 20; e-
     mail: nykwest&narc.org.
       Paul Kalomiris, Legislative Director, Council for Urban 
     Economic Development, National Association of Installation 
     Developers, (202) 223-4735, e-mail: 
     [email protected].

[[Page S6611]]

       Carol Wayman, Director, Policy Research & Development, 
     National Congress for Community Economic Development, (202) 
     289-9020, ext. 112, [email protected].
       Cassandra Matthews, Legislative Assistant, National 
     Association of Counties, (202) 942-4204, e-mail: 
     [email protected].
       Scott Shrum, Legislative Assistant, National League of 
     Cities, (202) 626-3020, e-mail: [email protected].
       Tom Halicki, Executive Director, National Association of 
     Towns and Townships, (202) 624-3553, e-mail: 
     [email protected].
       Eugene Lowe, U.S. Conference of Mayors, (202) 293-7330, e-
     mail: [email protected].
       Laura Marshall, Legislative Representative National 
     Association of Development Organizations, (202) 624-8177, e-
     mail: [email protected].
       Dinah Atkins, President and CEO, National Business 
     Incubator Association, (740) 593-4331, e-mail: 
     [email protected].

  Mr. JEFFORDS. Mr. President, I rise today to join my colleague, 
Senator Levin, in introducing two legislative initiatives that will 
expand upon the resources available for brownfields revitalization.
  The first bill, the Brownfields Site Redevelopment Assistance Act of 
2001, provides the Department of Commerce's Economic Development 
Administration (EDA) with a dedicated source of funding for 
brownfields. EDA can currently assist communities with brownfields 
redevelopment when these projects involve infrastructure development or 
economic adjustment activities, however there is no specific authority 
or funding for brownfields revitalization.
  The second bill, the Brownfields Economic Development Act of 2001, 
addresses requirements on the Department of Housing and Urban 
Development's, HUD, Brownfields Economic Development Initiative, BEDI, 
grant program that are hampering small city brownfields revitalization 
efforts. BEDI's required link to Section 108 loan guarantees demands 
that future Community Development Block Grant, CDBG, allocations be 
pledged as collateral. BEDI's required link to Section 108 serves as a 
deterrent to many small towns in Vermont and throughout the nation, who 
do not have the resources to commit to brownfields. Our bill would 
permit HUD to make grants available independent of economic development 
loan guarantees. The legislation also provides a 30 percent set aside 
for small communities and federally-recognized Indian tribes.
  This legislation would help communities in Vermont reclaim their 
older underutilized sites. A prime example is an old mill in the heart 
of Ludlow, VT which occupies 30,000 square feet of prime downtown land. 
It is next to residential properties and again, ripe for redevelopment. 
There are currently Environmental Protection Agency, EPA, funds for 
assessment to investigate what is in the ground and how much it will 
cost to clean up. But the owner, the bank and the town are reluctant to 
act if the site is contaminated. These bills will assist many small 
towns such as Ludlow access the clean up funding they need to 
revitalize contaminated sites.
  Since the inception of the Senate Smart Growth Task Force in 1999, 
Senator Levin and I as co-chairs, have been working to expand funding 
sources for brownfields. This legislation is just one component of the 
overall effort to restore brownfield sites to productive use in our 
cities and towns. By advancing this legislation, we will address a 
critical gap in brownfields' funding for site assessment and clean up, 
while promoting economic development as well as preservation of 
farmland and open space.
  Mr. BAUCUS. Mr. President, I rise to join my colleagues--Senator 
Jeffords, Senator Levin and others--in co-sponsoring the Brownfields 
Site Redevelopment Assistance Act and the Brownfields Economic 
Development Act.
  These two Acts are important complements to S. 350, the Brownfields 
Revitalization and Environmental Restoration Act of 2001 that the 
Senate passed unanimously earlier this year. S. 350 encourages the 
remediation of brownfield sites by reducing financial and legal 
barriers to clean-up. The Brownfields Site Redevelopment Assistance Act 
and the Brownfields Economic Development Act expand the abilities of 
the Economic Development Administration and the Department of Housing 
and Urban Development to help local communities physically develop and 
restore brownfield sites to productive use. Taken together, these three 
bills make up a complete brownfields redevelopment package.
  The two Acts introduced today will provide critical economic and 
technical assistance to communities during all stages of the 
brownfields redevelopment process--from an initial site assessment to 
putting the finishing touches on a new apartment building or city park. 
These bills have enormous potential to enhance and revitalize 
communities and their economies, to turn neglected wastelands into 
productive developments, and to create more parks and open spaces. This 
in turn will create great opportunities for new jobs and economic 
development. This is particularly true in my State of Montana where 
we've been working hard to jump start our economy. Montana's industrial 
past has left the State with its share of brownfield sites--wood 
treatment facilities, railroad yards, sawmills. Hopefully, this 
legislation will provide communities with the tools they need to put 
these sites to productive uses.
  The Brownfields Site Redevelopment Assistance Act of 2001 will 
provide the Economic Development Administration with authority and 
funding for grants to States, local communities, Indian tribes and non-
profit organizations for brownfield redevelopment projects. The 
Brownfields Economic Development Act of 2001 will make HUD Brownfields 
Economic Development Initiative grants available to local governments 
and Indian tribes for community development projects. The bill will 
also provide a 30 percent set-aside for small communities and tribes, a 
provision that is very important to a rural State like Montana. The 
National Association of Development Organizations reports that Federal 
agencies are not reaching rural areas through existing brownfields 
programs. Rural communities and tribes in Montana and elsewhere need 
financial and technical assistance to include brownfields in economic 
development strategies.
  Getting brownfield sites cleaned-up makes good sense in Montana and 
throughout the nation. That, again, is good for the environment, good 
for communities, good for our economy, and good for the country. I 
wholeheartedly support this legislation, and I hope both bills will 
enjoy swift passage through the Senate.
                                 ______