39–010 

Calendar No. 416 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–186 

BROWNFIELDS UTILIZATION, INVESTMENT, AND LOCAL 

DEVELOPMENT ACT OF 2013 

JUNE 5, 2014.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 491] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works to which was 

referred the bill (S. 491) to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to modify provisions relating to grants and for other purposes, having considered the same, reports favorably thereon with amendments and 

recommends that the bill, as amended, do pass. 

GENERAL STATEMENT AND BACKGROUND

Brownfields are properties where the presence, or potential presence, of a hazardous substance complicates the expansion or redevelopment of the property. Section 104(k) of CERCLA authorizes 

EPA to provide grants and technical assistance to State and local 

governmental entities, and other stakeholders to assess, safely 

clean up, and sustainably reuse brownfields. Cleaning up and reinvesting in these properties protects human health and the environment, reduces blight, increases local tax bases, facilitates job 

growth, and often utilizes existing infrastructure. 

The BUILD Act would reauthorize the Brownfields program at 

current funding levels through fiscal year 2016. S. 491 would improve the existing grant process by increasing the limit for cleanup 

grants and expanding grant eligibility for certain publicly owned 

sites and non-profit organizations, authorize EPA to make multipurpose grants, authorize grants for waterfront properties and 

brownfield sites appropriate for clean energy development, allow 


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grant recipients to use a portion of grant funds for administrative 

costs, provide technical assistance to small communities and disadvantaged areas, and authorize up to $2 million per fiscal year in 

targeted funding grants to States. 

PURPOSE OF THE LEGISLATION

S. 491, the ‘‘Brownfields Utilization, Investment, and Local Development Act of 2013’’ or ‘‘BUILD Act,’’ authorizes the appropriation of $250 million annually through 2016 for the Environmental 

Protection Agency (EPA) to provide brownfields cleanup grants and 

programs, and would amend section 104(k) of CERCLA (42 U.S.C. 

9604(k)) to improve the existing grant process by increasing the 

limit for cleanup grants and expanding grant eligibility for certain 

publicly owned sites and non-profit organizations. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that the Act may be cited as the ‘‘Brownfields 

Utilization, Investment, and Local Development Act of 2013’’ or the 

‘‘BUILD Act.’’ 

Section 2. Expanded eligibility for nonprofit organizations 

Section 2 expands the eligibility for Brownfields grants for nonprofit organizations to include certain nonprofit organizations, limited liability corporations, limited partnerships, and community development entities. 

Section 3. Multipurpose brownfield grants 

Section 3 authorizes EPA to make multi-purpose grants, which 

provide greater certainty for long-term project financing. 

Section 4. Treatment of certain publicly owned brownfield sites 

Section 4 allows government entities that acquired brownfields 

property prior to January 11, 2002, that do not qualify as a bona 

fide prospective purchaser under section 101(40) of CERCLA, to be 

eligible to receive grants so long as the government entity did not 

cause or contribute to a release or threatened release of a hazardous substance at the property. 

Section 5. Increased funding for remediation grants 

Section 5 increases funding limit for each site from the current 

$200,000 to $500,000 for each site. This section also authorizes the 

EPA to waive that limit, up to $650,000 for a site, based on the 

anticipated level of contamination, size, or ownership status of the 

site. 

Section 6. Allowing administrative costs for grant recipients 

Section 6 allows eligible entities to use up to 8 percent of their 

brownfield grant funding for administrative costs. 

Section 7. Small or disadvantaged community technical assistance 

Section 7 directs EPA to give priority in providing technical assistance grants to eligible entities in small communities, Indian 

tribes, rural areas, and disadvantaged areas. This section defines 


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a ‘‘disadvantaged area’’ as an area with an annual median household income that is less than 80 percent of the State-wide annual 

median household income, as determined by the latest available decennial census. This section also defines a ‘‘small community’’ as a 

community with a population of not more than 15,000 individuals, 

as determined by the latest available decennial census. 

Section 8. Waterfront brownfield grants 

Section 8 directs EPA in providing brownfield grants to give consideration to waterfront brownfield sites. 

Section 9. Clean energy brownfield grants 

Section 9 requires EPA to establish a program to provide grants 

of up to $500,000 to eligible entities to locate clean energy projects 

at brownfield sites. 

Section 10. Targeted funding for States 

Section 10 authorizes EPA to use up to $2 million each fiscal 

year to provide grants to States. 

Section 11. Authorization of appropriations 

Section 11 authorizes appropriations of $250 million annually 

through fiscal year 2016. 

LEGISLATIVE HISTORY

Senators Lautenberg, Inhofe, Crapo, and Udall introduced S. 

491, the ‘‘Brownfields Utilization, Investment, and Local Development Act of 2013’’ or the ‘‘BUILD Act’’ on March 7, 2013. The bill 

was read twice and referred to the Senate Committee on Environment and Public Works. The Committee met on April 3, 2014, and 

ordered S. 491 favorably reported with an amendment by voice 

vote. 

HEARINGS

The Committee on Environment and Public Works, Subcommittee on Superfund, Toxics and Environmental Health, held a 

hearing entitled, ‘‘Cleaning Up and Restoring Communities for Economic Revitalization’’ on July 24, 2013. 

ROLL CALL VOTES

On April 3, 2014, the Committee on Environment and Public 

Works met and considered S. 491. An amendment offered by Senators Boxer, Udall, Inhofe, Booker, and Crapo was adopted by voice 

vote. S. 491, as amended, was reported favorably by a voice vote. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the committee finds that S. 491 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 


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MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the Committee notes that the Congressional 

Budget Office has found, ‘‘S. 491 contains no intergovernmental or 

private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA).’’ 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, April 10, 2014. 

Hon. BARBARA BOXER, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC 20510 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 491, the Brownfields Utilization, Investment, and Local Development Act of 2013. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 491—Brownfields Utilization, Investment, and Local Development Act of 2013 

Summary: S. 491 would authorize the appropriation of $250 million annually for 2015 and 2016 for the Environmental Protection 

Agency (EPA) to provide brownfields cleanup grants and programs. 

(Brownfields are properties where the presence, or potential presence, of a hazardous substance complicates the expansion or redevelopment of the property.) Assuming appropriation of the authorized amounts, CBO estimates that implementing S. 491 would cost 

$500 million over the 2015–2019 period. 

Pay-as-you-go procedures do not apply to this legislation because 

the bill would not affect direct spending or revenues. 

S. 491 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 491 is shown in the following table. The costs of 

this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2015– 

2019 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Cleanup Grants: 

Authorization Level .......................................................................... 200 200 0 0 0 400 

Estimated Outlays ........................................................................... 10 170 184 30 6 400 

State and Tribal Cleanup Programs: 

Authorization Level .......................................................................... 50 50 0 0 0 100 

Estimated Outlays ........................................................................... 3 41 46 8 2 100 

Total Changes: 

Authorization Level ................................................................. 250 250 0 0 0 500 


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By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2015– 

2019 

Estimated Outlays .................................................................. 13 211 230 38 8 500 

Basis of estimate: For this estimate, CBO assumes that S. 491 

will be enacted near the end of 2014 and that the authorized 

amounts will be appropriated for each year. Estimated outlays are 

based on historical spending patterns for brownfields programs. 

S. 491 would authorize the appropriation of $250 million annually over the 2015–2016 period for EPA’s brownfields restoration 

activities. The authorization for this program expired in 2006, but 

it has continued to receive approprations each year; $161 million 

was appropriated for the program in 2014. 

Enacting this bill would reinstate the expired authorization level 

of $200 million for brownfields cleanup grants and $50 million for 

voluntary cleanup programs by state and tribal governments. Enacting this legislation also would increase the limit for cleanup 

grants and expand eligibility for grants to certain publicly owned 

sites and nonprofit organizations. In addition, S. 491 would enable 

grant recipients to use up to 8 percent of the grant money received 

to cover administrative costs. 

Pay-As-You-Go Considerations: None. 

Intergovernmental and private-sector impact: S. 491 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

State, local and tribal governments would benefit from financial assistance authorized in the bill. Any costs to those governments 

would be incurred voluntarily as a condition of receiving federal assistance. 

Estimate prepared by: Federal Costs: Susanne S. Mehlman; Impact on State, Local, and Tribal Governments: Melissa Merrell; Impact on the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enclosed in øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

COMPREHENSIVE ENVIRONMENTAL RESPONSE, 

COMPENSATION, AND LIABILITY ACT OF 1980 

* * * * * * * 

SEC. 104. (a)(1) * * * 

* * * * * * * 

(k) BROWNFIELDS REVITALIZATION FUNDING.— 

(1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, the 

term ‘‘eligible entity’’ means— 

(A) a general purpose unit of local government; 

(B) a land clearance authority or other quasi-governmental entity that operates under the supervision and conVerDate Mar 15 2010 03:56 Jun 08, 2014 Jkt 039010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR186.XXX SR186

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trol of or as an agent of a general purpose unit of local government; 

(C) a government entity created by a State legislature; 

(D) a regional council or group of general purpose units 

of local government; 

(E) a redevelopment agency that is chartered or otherwise sanctioned by a State; 

(F) a State; 

(G) an Indian Tribe other than in Alaska; øor¿ 

(H) an Alaska Native Regional Corporation and an Alaska Native Village Corporation as those terms are defined 

in the Alaska Native Claims Settlement Act (43 U.S.C. 

1601 and following) and the Metlakatla Indian communityø.¿ ; 

(I) an organization described in section 501(c)(3) of the 

Internal Revenue Code of 1986 and exempt from taxation 

under section 501(a) of that Code; 

(J) a limited liability corporation in which all managing 

members are organizations described in subparagraph (I) 

or limited liability corporations whose sole members are organizations described in subparagraph (I); 

(K) a limited partnership in which all general partners 

are organizations described in subparagraph (I) or limited 

liability corporations whose sole members are organizations 

described in subparagraph (I); or 

(L) a qualified community development entity (as defined 

in section 45D(c)(1) of the Internal Revenue Code of 1986). 

* * * * * * * 

(2) BROWNFIELD SITE CHARACTERIZATION AND ASSESSMENT

GRANT PROGRAM.— (A) ESTABLISHMENT OF PROGRAM.—The Administrator 

shall establish a program to— 

(i) provide grants to inventory, characterize, assess, 

and conduct planning related to brownfield sites under 

subparagraph (B); and 

(ii) perform targeted site assessments at brownfield 

sites. 

(B) ASSISTANCE FOR SITE CHARACTERIZATION AND ASSESS- MENT.— 

(i) 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 one or more brownfield sites. 

(ii) SITE CHARACTERIZATION AND ASSESSMENT.—A 

site characterization and assessment carried out with 

the use of a grant under clause (i) shall be performed 

in accordance with section 101(35)(B). 

(C) EXEMPTION FOR CERTAIN PUBLICLY OWNED

BROWNFIELD SITES.—Notwithstanding any other provision 

of law, an eligible entity that is a governmental entity may 

receive a grant under this paragraph for property acquired 

by that governmental entity prior to January 11, 2002, even 

if the governmental entity does not qualify as a bona fide 

prospective purchaser (as that term is defined in section 


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101(40)), so long as the eligible entity has not caused or 

contributed to a release or threatened release of a hazardous substance at the property. (3) GRANTS AND LOANS FOR BROWNFIELD REMEDIATION.— (A) GRANTS PROVIDED BY THE PRESIDENT.—øSubject to 

paragraphs (4) and (5)¿ subject to paragraphs (5) and (6), the President shall establish a program to provide grants 

to— 

(i) eligible entities, to be used for capitalization of 

revolving loan funds; and 

(ii) eligible entities or nonprofit organizations, where 

warranted, as determined by the President based on 

considerations under subparagraph (C), to be used directly for remediation of one or more brownfield sites 

owned by the entity or organization that receives the 

grant and in amounts not to exceed ø$200,000 for each 

site to be remediated $500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of 650,000 for each site, 

based on the anticipated level of contamination, size, or 

ownership status of the site. 

(4) MULTIPURPOSE BROWNFIELDS GRANTS.— (A) IN GENERAL.—Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity 

based on the considerations under paragraph (3)(C), to 

carry out inventory, characterization, assessment, planning, 

or remediation activities at 1 or more brownfield sites in a 

proposed area. 

(B) GRANT AMOUNTS.— 

(i) INDIVIDUAL GRANT AMOUNTS.—Each grant award- ed under this paragraph shall not exceed $950,000. 

(ii) CUMULATIVE GRANT AMOUNTS.—The total 

amount of grants awarded for each fiscal year under 

this paragraph shall not exceed 15 percent of the funds 

made available for the fiscal year to carry out this subsection. 

(C) CRITERIA.—In awarding a grant under this paragraph, the Administrator shall consider the extent to which 

an eligible entity is able— 

(i) to provide an overall plan for revitalization of the 

1 or more brownfield sites in the proposed area in 

which the multipurpose grant will be used; 

(ii) to demonstrate a capacity to conduct the range of 

eligible activities that will be funded by the multipurpose grant; and 

(iii) to demonstrate that a multipurpose grant will 

meet the needs of the 1 or more brownfield sites in the 

proposed area. 

(D) CONDITION.—As a condition of receiving a grant 

under this paragraph, each eligible entity shall expend the 

full amount of the grant not later than the date that is 3 

years after the date on which the grant is awarded to the 

eligible entity unless the Administrator, in the discretion of 

the Administrator, provides an extension. 


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ø(4)¿ (5) GENERAL PROVISIONS.— 

(A) MAXIMUM GRANT AMOUNT.— 

(i) BROWNFIELD SITE CHARACTERIZATION AND ASSESSMENT.— 

(I) IN GENERAL.—A grant under paragraph (2) 

may be awarded to an eligible entity on a community-wide or site-by-site basis, and 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 subclause (I) 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. 

(ii) BROWNFIELD REMEDIATION.—A grant under paragraph (3)(A)(i) 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. The Administrator may 

make an additional grant to an eligible entity described in the previous sentence 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 subsection; 

(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) such other similar factors as the Administrator considers appropriate to carry out this subsection. 

(B) PROHIBITION.— 

(i) IN GENERAL.—No part of a grant or loan under 

this subsection may be used for the payment of— 

(I) a penalty or fine; 

(II) a Federal cost-share requirement; 

ø(III) an administrative cost;¿ 

ø(IV)¿ (III) a response cost at a brownfield site 

for which the recipient of the grant or loan is potentially liable under section 107; or 

ø(V)¿ (IV) a cost of compliance with any Federal 

law (including a Federal law specified in section 

101(39)(B)), excluding the cost of compliance with 

laws applicable to the cleanup. 

ø(ii)¿ EXCLUSIONS.—For the purposes of clause 

(i)(III), the term ‘‘administrative cost’’ does not include 

the cost of— 

(I) investigation and identification of the extent 

of contamination; 


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(II) design and performance of a response action; or 

(III) monitoring of a natural resource. 

ø(iii)¿ (ii) EXCEPTION.—øNotwithstanding clause 

(i)(IV)¿ Notwithstanding clause (i)(III), the Administrator may use up to 25 percent of the funds made 

available to carry out this subsection to make a grant 

or loan under this subsection to eligible entities that 

satisfy all of the elements set forth in section 101(40) 

to qualify as a bona fide prospective purchaser, except 

that the date of acquisition of the property was on or 

before January 11, 2002. 

(C) ASSISTANCE FOR DEVELOPMENT OF LOCAL GOVERNMENT SITE REMEDIATION PROGRAMS.—A local government 

that receives a grant under this subsection may use not to 

exceed 10 percent of the grant funds to develop and implement a brownfields program that may include— 

(i) monitoring the health of populations exposed to 

one or more hazardous substances from a brownfield 

site; and 

(ii) monitoring and enforcement of any institutional 

control used to prevent human exposure to any hazardous substance from a brownfield site. 

(D) INSURANCE.—A recipient of a grant or loan awarded 

under paragraph (2) or (3) that performs a characterization, assessment, or remediation of a brownfield site may 

use a portion of the grant or loan to purchase insurance 

for the characterization, assessment, or remediation of 

that site. 

(E) ADMINISTRATIVE COSTS.— 

(i) IN GENERAL.—An eligible entity may use up to 8 

percent of the amounts made available under a grant 

or loan under this subsection for administrative costs. 

(ii) RESTRICTION.—For purposes of clause (i), the 

term ‘administrative costs’ does not include— 

(I) investigation and identification of the extent 

of contamination; 

(II) design and performance of a response action; 

or 

(III) monitoring of a natural resource. 

ø(5)¿ (6) GRANT APPLICATIONS.— 

(A) SUBMISSION.— 

(i) 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 subsection for one or 

more brownfield sites (including information on 

the criteria used by the Administrator to rank applications under subparagraph (C), to the extent 

that the information is available). 

(II) NCP REQUIREMENTS.—The Administrator 

may include in any requirement for submission of 

an application under subclause (I) a requirement 


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of the National Contingency Plan only to the extent that the requirement is relevant and appropriate to the program under this subsection. 

(ii) COORDINATION.—The Administrator shall coordinate with other Federal agencies to assist in making 

eligible entities aware of other available Federal resources. 

(iii) GUIDANCE.—The Administrator shall publish 

guidance to assist eligible entities in applying for 

grants under this subsection. 

(B) APPROVAL.—The Administrator shall— 

(i) at least annually, complete a review of applications for grants that are received from eligible entities 

under this subsection; and 

(ii) award grants under this subsection to eligible 

entities that the Administrator determines have the 

highest rankings under the ranking criteria established under subparagraph (C). 

(C) RANKING CRITERIA.—The Administrator shall establish a system for ranking grant applications received under 

this paragraph that includes the following criteria: 

(i) 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 one or more brownfield sites are located. 

(ii) The potential of the proposed project or the development plan for an area in which one or more 

brownfield sites are located to stimulate economic development of the area on completion of the cleanup. 

(iii) The extent to which a grant would address or 

facilitate the identification and reduction of threats to 

human health and the environment, including threats 

in areas in which there is a greater-than-normal incidence of diseases or conditions (including cancer, asthma, or birth defects) that may be associated with exposure to hazardous substances, pollutants, or contaminants. 

(iv) The extent to which a grant would facilitate the 

use or reuse of existing infrastructure. 

(v) 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. 

(vi) 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. 

(vii) The extent to which the applicant is eligible for 

funding from other sources. 

(viii) The extent to which a grant will further the 

fair distribution of funding between urban and nonurban areas. 


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(ix) 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. 

(x) The extent to which a grant would address or facilitate the identification and reduction of threats to 

the health or welfare of children, pregnant women, minority or low-income communities, or other sensitive 

populations. 

ø(6)¿ (7) IMPLEMENTATION OF BROWNFIELDS PROGRAMS.— 

(A) ESTABLISHMENT OF PROGRAM.—øThe Administrator 

may provide,¿ 

(i) DEFINITIONS.—In this subparagraph: 

(I) DISADVANTAGED AREA.—The term ‘disadvantaged area’ means an area with an annual median 

household income that is less than 80 percent of 

the State-wide annual median household income, 

as determined by the latest available decennial 

census. 

(II) SMALL COMMUNITY.—The term ‘small community’ means a community with a population of 

not more than 15,000 individuals, as determined 

by the latest available decennial census. 

(ii) ESTABLISHMENT OF PROGRAM.—The Administrator shall establish a program to provide grants that 

provide, or fund eligible entities or nonprofit organizations 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. 

(iii) SMALL OR DISADVANTAGED COMMUNITY RECIPIENTS.— 

(I) IN GENERAL.—Subject to subclause (II), in 

carrying out the program under clause (ii), the Administrator shall use not more than $600,000 of 

the amounts made available to carry out this paragraph to provide grants to States that receive 

amounts under section 128(a) to assist small communities, Indian tribes, rural areas, or disadvantaged areas in achieving the purposes described in 

clause (ii). 

(II) LIMITATION.—Each grant awarded under 

subclause (I) shall be not more than $7,500. 

(B) FUNDING RESTRICTIONS.—The total Federal funds to 

be expended by the Administrator under this paragraph 

shall not exceed 15 percent of the total amount appropriated to carry out this subsection in any fiscal year. 

ø(7)¿ (8) AUDITS.— 

(A) IN GENERAL.—The Inspector General of the Environmental Protection Agency shall conduct such reviews or 

audits of grants and loans under this subsection as the Inspector General considers necessary to carry out this subsection. 


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(B) PROCEDURE.—An audit under this subparagraph 

shall be conducted in accordance with the auditing procedures of the General Accounting Office, including chapter 

75 of title 31, United States Code. 

(C) VIOLATIONS.—If the Administrator determines that a 

person that receives a grant or loan under this subsection 

has violated or is in violation of a condition of the grant, 

loan, or applicable Federal law, the Administrator may— 

(i) terminate the grant or loan; 

(ii) require the person to repay any funds received; 

and 

(iii) seek any other legal remedies available to the 

Administrator. 

(D) REPORT TO CONGRESS.—Not later than 3 years after 

the date of the enactment of this subsection, the Inspector 

General of the Environmental Protection Agency shall submit to Congress a report that provides a description of the 

management of the program (including a description of the 

allocation of funds under this subsection). 

ø(8)¿ (9) LEVERAGING.—An eligible entity that receives a 

grant under this subsection 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 paragraph (2) or (3). 

ø(9)¿ (10) AGREEMENTS.—Each grant or loan made under 

this subsection shall— 

(A) include a requirement of the National Contingency 

Plan only to the extent that the requirement is relevant 

and appropriate to the program under this subsection, as 

determined by the Administrator; and 

(B) be subject to an agreement that— 

(i) requires the recipient to— 

(I) comply with all applicable Federal and State 

laws; and 

(II) ensure that the cleanup protects human 

health and the environment; 

(ii) requires that the recipient use the grant or loan 

exclusively for purposes specified in paragraph (2) or 

(3), as applicable; 

(iii) in the case of an application by an eligible entity 

under paragraph (3)(A), 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 

(iv) contains such other terms and conditions as the 

Administrator determines to be necessary to carry out 

this subsection. 

(11) WATERFRONT BROWNFIELD SITES.— (A) DEFINITION OF WATERFRONT BROWNFIELD SITE.—In 

this paragraph, the term ‘waterfront brownfield site’ 

means a brownfield site that is adjacent to a body of water 

or a federally designated floodplain. 


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(B) REQUIREMENTS.—In providing grants under this subsection, the Administrator shall— 

(i) take into consideration whether the brownfield 

site to be served by the grant is a waterfront brownfield 

site; and 

(ii) give consideration to waterfront brownfield sites. 

(12) CLEAN ENERGY PROJECTS AT BROWNFIELD SITES.— (A) DEFINITION OF CLEAN ENERGY PROJECT.—In this 

paragraph, the term ‘clean energy project’ means— 

(i) a facility that generates renewable electricity from 

wind, solar, or geothermal energy; and 

(ii) any energy efficiency improvement project at a facility, including combined heat and power and district 

energy. 

(B) ESTABLISHMENT.—The Administrator shall establish 

a program to provide grants— 

(i) to eligible entities to carry out inventory, characterization, assessment, planning, feasibility analysis, 

design, or remediation activities to locate a clean energy project at 1 or more brownfield sites; and 

(ii) to capitalize a revolving loan fund for the purposes described in clause (i). 

(C) MAXIMUM AMOUNT.—A grant under this paragraph shall not exceed $500,000. 

ø(10)¿ (13) 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. 

ø(11)¿ (14) EFFECT ON FEDERAL LAWS.—Nothing in this subsection affects any liability or response authority under any 

Federal law, including— 

(A) this Act (including the last sentence of section 

101(14)); 

(B) the Solid Waste Disposal Act (42 U.S.C. 6901 et 

seq.); 

(C) the Federal Water Pollution Control Act (33 U.S.C. 

1251 et seq.); 

(D) the Toxic Substances Control Act (15 U.S.C. 2601 et 

seq.); and 

(E) the Safe Drinking Water Act (42 U.S.C. 300f et seq.). 

ø(12)¿ (15) FUNDING.— 

(A) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection 

$200,000,000 for each of fiscal years 2002 through ø2006¿ 

2016. 

(B) USE OF CERTAIN FUNDS.—Of the amount made available under subparagraph (A), $50,000,000, or, if the 

amount made available is less than $200,000,000, 25 percent of the amount made available, shall be used for site 

characterization, assessment, and remediation of facilities 

described in section 101(39)(D)(ii)(II). 

(C) TARGETED FUNDING.—Of the amounts made available 

under subparagraph (A) for a fiscal year, the Administrator 

may use not more than $2,000,000 to provide grants to 


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14 

States for purposes authorized under section 128(a), subject 

to the condition that each State that receives a grant under 

this subparagraph shall have used at least 50 percent of 

the amounts made available to that State in the previous 

fiscal year to carry out assessment and remediation activities under section 128(a). 

* * * * * * * 

SEC. 128. STATE RESPONSE PROGRAMS. 

(a) ASSISTANCE TO STATES.— (1) IN GENERAL.— (A) * * * 

* * * * * * * 

(3) FUNDING.—There is authorized to be appropriated to 

carry out this subsection $50,000,000 for each of fiscal years 

2002 through ø2006¿ 2016. 

Æ 


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