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[Senate Report 113-186]
[From the U.S. Government Publishing Office]

                                                       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 multi-purpose grants, authorize grants for 
waterfront properties and brownfield sites appropriate for 
clean energy development, allow 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 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.

                          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
        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 [black 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 control 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; 
                [or]
                  (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 community[.] ;
                  (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 
                assessment.--
                          (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 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.--
                [Subject 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 [$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 awarded 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.
          [(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;
                                  [(III) an administrative 
                                cost;]
                                  [(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
                                  [(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.
                          [(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;
                                  (II) design and performance 
                                of a response action; or
                                  (III) monitoring of a natural 
                                resource.
                          [(iii)] (ii) Exception.--
                        [Notwithstanding 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.
          [(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 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.
                          (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.
          [(6)] (7) Implementation of brownfields programs.--
                  (A) Establishment of program.--[The 
                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.
          [(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.
                  (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).
          [(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).
          [(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.
                  (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.
          [(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.
          [(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.).
          [(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 [2006] 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 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 [2006] 2016.

                                  
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