I 

109TH CONGRESS 

1ST SESSION H. R. 1237 

To amend the Public Works and Economic Development Act of 1965 to 

provide assistance to communities for the redevelopment of brownfield sites. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2005 

Ms. HART introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committee 

on Financial Services, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend the Public Works and Economic Development 

Act of 1965 to provide assistance to communities for 

the redevelopment of brownfield sites. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Brownfield Redevelop5 ment Assistance Act of 2005’’. 
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1 SEC. 2. PURPOSES. 

2 Consistent with section 2 of the Public Works and 

3 Economic Development Act of 1965 (42 U.S.C. 3121), the 

4 purposes of this Act are— 

5 (1) to provide targeted assistance, including 

6 planning assistance, for projects that promote— 

7 (A) the redevelopment, restoration, and 

8 economic recovery of brownfield sites; and 

9 (B) eco-industrial development; and 

10 (2) through such assistance, to further the 

11 goals of restoring the employment and tax bases of, 

12 and bringing new income and private investment to, 

13 distressed communities that have not participated 

14 fully in the economic growth of the United States 

15 because of a lack of an adequate private sector tax 

16 base to support essential public services and facili17 ties. 

18 SEC. 3. DEFINITIONS. 

19 Section 3 of the Public Works and Economic Devel20 opment Act of 1965 (42 U.S.C. 3122) is amended— 

21 (1) by redesignating paragraphs (1), (2), and 

22 (3) through (12) as paragraphs (2), (3), and (5) 

23 through (14), respectively; 

24 (2) by inserting before paragraph (2) (as so re25 designated) the following: 
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1 ‘‘(1) BROWNFIELD SITE.—The term ‘brownfield 

2 site’ means a brownfield site (as defined in section 

3 101 of the Comprehensive Environmental Response, 

4 Compensation, and Liability Act of 1980 (42 U.S.C. 

5 9601)) with respect to which an entity has received, 

6 or is eligible to receive, funding under section 104(k) 

7 of that Act (42 U.S.C. 9604(k)) for site character8 ization, assessment, or remediation.’’; 

9 (3) by inserting after paragraph (3) (as redesig10 nated by paragraph (1)) the following: 

11 ‘‘(4) ECO-INDUSTRIAL DEVELOPMENT.—The 

12 term ‘eco-industrial development’ means develop13 ment conducted in a manner in which businesses co14 operate with each other and the local community to 

15 efficiently share resources (such as information, ma16 terials, water, energy infrastructure, and natural 

17 habitat) with the goals of— 

18 ‘‘(A) economic gains; 

19 ‘‘(B) improved environmental quality; and 

20 ‘‘(C) equitable enhancement of human re21 sources in businesses and local communities.’’; 

22 and 

23 (4) by adding at the end the following: 

24 ‘‘(15) UNUSED LAND.—The term ‘unused land’ 

25 means any publicly-owned or privately-owned un-
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1 used, underused, or abandoned land that is not con2 tributing to the quality of life or economic well-being 

3 of the community in which the land is located.’’. 

4 SEC. 4. COORDINATION. 

5 Section 103 of the Public Works and Economic De6 velopment Act of 1965 (42 U.S.C. 3132) is amended by 

7 adding at the end the following: 

8 ‘‘(c) BROWNFIELD SITE REDEVELOPMENT.—The 

9 Secretary shall coordinate activities relating to the redevel10 opment of brownfield sites and the promotion of eco-indus11 trial development under this Act with other Federal agen12 cies, States, local governments, consortia of local govern13 ments, Indian tribes, nonprofit organizations, and public14 private partnerships.’’. 

15 SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT. 

16 (a) IN GENERAL.—Title II of the Public Works and 

17 Economic Development Act of 1965 (42 U.S.C. 3141 et 

18 seq.) is amended by adding at the end the following: 

19 ‘‘SEC. 219. GRANTS FOR BROWNFIELD SITE REDEVELOP20 MENT. 

21 ‘‘(a) IN GENERAL.—On the application of an eligible 

22 recipient, the Secretary may make grants for projects to 

23 alleviate or prevent conditions of excessive unemployment, 

24 underemployment, blight, and infrastructure deterioration 
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1 associated with brownfield sites, including projects con2 sisting of— 

3 ‘‘(1) the development of public facilities; 

4 ‘‘(2) the development of public services; 

5 ‘‘(3) business development (including funding of 

6 a revolving loan fund); 

7 ‘‘(4) planning; 

8 ‘‘(5) technical assistance; 

9 ‘‘(6) training; and 

10 ‘‘(7) the purchase of environmental insurance 

11 with respect to an activity described in any of para12 graphs (1) through (3). 

13 ‘‘(b) CRITERIA FOR GRANTS.—The Secretary may 

14 provide a grant for a project under this section only if— 

15 ‘‘(1) the Secretary determines that the project 

16 will assist the area where the project is or will be lo17 cated to meet, directly or indirectly, a special need 

18 arising from— 

19 ‘‘(A) a high level of unemployment or 

20 underemployment, or a high proportion of low21 income households; 

22 ‘‘(B) the existence of blight and infrastruc23 ture deterioration; 

24 ‘‘(C) dislocations resulting from commer25 cial or industrial restructuring; 
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1 ‘‘(D) outmigration and population loss, as 

2 indicated by— 

3 ‘‘(i)(I) depletion of human capital (in4 cluding young, skilled, or educated popu5 lations); 

6 ‘‘(II) depletion of financial cap7 ital (including firms and investment); 

8 or 

9 ‘‘(III) a shrinking tax base; and 

10 ‘‘(ii) resulting— 

11 ‘‘(I) fiscal pressure; 

12 ‘‘(II) restricted access to mar13 kets; and 

14 ‘‘(III) constrained local develop15 ment potential; or 

16 ‘‘(E) the closure or realignment of— 

17 ‘‘(i) a military or Department of En18 ergy installation; or 

19 ‘‘(ii) any other Federal facility; and 

20 ‘‘(2) except in the case of a project consisting 

21 of planning or technical assistance— 

22 ‘‘(A) the Secretary has approved a com23 prehensive economic development strategy for 

24 the area where the project is or will be located; 

25 and 
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1 ‘‘(B) the project is consistent with the 

2 comprehensive economic development strategy. 

3 ‘‘(c) PARTICULAR COMMUNITY ASSISTANCE.—Assist4 ance under this section may include assistance provided 

5 for activities identified by a community, the economy of 

6 which is injured by the existence of 1 or more brownfield 

7 sites, to assist the community in— 

8 ‘‘(1) revitalizing affected areas by— 

9 ‘‘(A) diversifying the economy of the com10 munity; or 

11 ‘‘(B) carrying out industrial or commercial 

12 (including mixed use) redevelopment, or eco-in13 dustrial development, projects on brownfield 

14 sites; 

15 ‘‘(2) carrying out development that conserves 

16 land by— 

17 ‘‘(A) reusing existing facilities and infra18 structure; 

19 ‘‘(B) reclaiming unused land and aban20 doned buildings; or 

21 ‘‘(C) promoting eco-industrial development, 

22 and environmentally responsible development, of 

23 brownfield sites; or 

24 ‘‘(3) carrying out a collaborative economic de25 velopment planning process, developed with broad- 
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1 based and diverse community participation, that ad2 dresses the economic repercussions and opportunities 

3 posed by the existence of brownfield sites in an area. 

4 ‘‘(d) DIRECT EXPENDITURE OR REDISTRIBUTION BY

5 ELIGIBLE RECIPIENT.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

7 an eligible recipient of a grant under this section 

8 may directly expend the grant funds or may redis9 tribute the funds to public and private entities in the 

10 form of a grant, loan, loan guarantee, payment to 

11 reduce interest on a loan guarantee, or other appro12 priate assistance. 

13 ‘‘(2) LIMITATION.—Under paragraph (1), an el14 igible recipient may not provide any grant to a pri15 vate for-profit entity.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) of the Public Works and Economic Devel18 opment Act of 1965 (42 U.S.C. prec. 3121) is amended 

19 by adding at the end of the items relating to title II the 

20 following: 

‘‘Sec. 219. Grants for Brownfield site redevelopment.’’. 

21 (c) CONFORMING REPEAL OF OBSOLETE REPORT.— 

22 Section 611 of such Act, and the item relating to such 

23 section in the table of contents in section 1(b) of such Act, 

24 are repealed. 
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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—Title VII of the Public Works and 

3 Economic Development Act of 1965 (42 U.S.C. 3231 et 

4 seq.) is amended by adding at the end the following: 

5 ‘‘SEC. 705. AUTHORIZATION OF APPROPRIATIONS FOR 

6 BROWNFIELD SITE REDEVELOPMENT. 

7 ‘‘(a) IN GENERAL.—In addition to amounts made 

8 available under section 701, there is authorized to be ap9 propriated to carry out section 219 $60,000,000 for each 

10 of fiscal years 2006 through 2010, to remain available 

11 until expended. 

12 ‘‘(b) FEDERAL SHARE.—Notwithstanding section 

13 204, subject to section 205, the Federal share of the cost 

14 of activities funded with amounts made available under 

15 subsection (a) shall be not more than 75 percent.’’. 

16 (b) CONFORMING AMENDMENT.—The table of con17 tents in section 1(b) of the Public Works and Economic 

18 Development Act of 1965 (42 U.S.C. prec. 3121) is 

19 amended by adding at the end of the items relating to 

20 title VII the following: 

‘‘Sec. 704. Authorization of appropriations for brownfield site redevelopment.’’. 

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