II

106TH CONGRESS

2D SESSION S. 2335

To authorize the Secretary of the Army to carry out a program to provide

assistance in the remediation and restoration of brownfields, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 30, 2000

Mr. L. CHAFEE introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To authorize the Secretary of the Army to carry out a

program to provide assistance in the remediation and

restoration of brownfields, and for other purposes.

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 ‘‘State and Local

5 Brownfields Revitalization Act of 2000’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:

8 (1) BROWNFIELD SITE.—The term ‘‘brownfield

9 site’’ means a parcel of real property, the expansion,
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1 redevelopment, or reuse of which is complicated by

2 the presence or potential presence of a hazardous

3 substance.

4 (2) HAZARDOUS SUBSTANCE.—The term ‘‘haz5 ardous substance’’ has the meaning given the term

6 in section 101 of the Comprehensive Environmental

7 Response, Compensation, and Liability Act of 1980

8 (42 U.S.C. 9601).

9 (3) REMEDIATE.—The term ‘‘remediate’’ has

10 the meaning given the term in section 101 of the

11 Comprehensive Environmental Response, Compensa12 tion, and Liability Act of 1980 (42 U.S.C. 9601).

13 (4) SECRETARY.—The term ‘‘Secretary’’ means

14 the Secretary of the Army.

15 SEC. 3. BROWNFIELDS REVITALIZATION PROGRAM.

16 (a) IN GENERAL.—As soon as practicable after the

17 date of enactment of this Act, the Secretary shall imple18 ment a program to provide assistance to State, regional,

19 and local governments in the remediation and restoration

20 of brownfield sites in cases in which the remediation and

21 restoration would contribute to the quality, conservation,

22 and sustainable use of waterways and watershed eco23 systems in the United States.
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1 (b) FORMS OF ASSISTANCE.—Assistance provided

2 under the program under subsection (a) may be in the

3 form of—

4 (1) site characterization and planning;

5 (2) site design and construction;

6 (3) environmental restoration; and

7 (4) preparation for site development.

8 (c) CONSIDERATIONS; CONSULTATION.—In deter9 mining whether to provide assistance for a project to re10 mediate a brownfield site under subsection (a), the Sec11 retary shall—

12 (1) take into consideration—

13 (A) the manner and extent to which the

14 project would improve public health and safety;

15 (B) the manner and extent to which the

16 project would—

17 (i) encourage sustainable economic

18 and environmental redevelopment in an

19 area serviced by existing infrastructure; or

20 (ii) enable the creation of or addition

21 to parks, greenways, or other recreational

22 property; and

23 (C) any other expected beneficial results of

24 the project; and
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1 (2) consult with appropriate Federal, State, re2 gional, and local officials.

3 (d) PUBLIC OWNERSHIP REQUIREMENT.—The Sec4 retary shall provide assistance for a project under this sec5 tion only if the project site (including any facilities on the

6 site) is publicly owned.

7 (e) COST SHARING.—

8 (1) FEDERAL SHARE.—

9 (A) IN GENERAL.—Except as provided in

10 paragraph (3), the Federal share of the cost of

11 any project under this section shall not exceed

12 65 percent.

13 (B) AGREEMENT.—As a condition of re14 ceiving assistance for a project under this sec15 tion, a non-Federal interest shall enter into a

16 binding agreement with the Secretary that es17 tablishes the percentages of the costs of the

18 project that are to be paid by—

19 (i) the Secretary; and

20 (ii) the non-Federal interest.

21 (2) CREDIT TOWARD NON-FEDERAL SHARE.—

22 In determining the non-Federal share of the cost of

23 a project under this section, the Secretary shall pro24 vide credit to the non-Federal interest for—
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1 (A) the value of land, easements, rights-of2 way, and relocations (including direct costs as3 sociated with obtaining permits necessary for

4 completing the site characterizations or remedi5 ation work), not to exceed 35 percent of total

6 project costs;

7 (B) any site characterization and site re8 mediation services and other in-kind work that

9 is carried out on or subsequent to, or within the

10 period that is 5 years before, the date on which

11 the non-Federal interest enters into a cost shar12 ing agreement with the Secretary under para13 graph (1)(B); and

14 (C) grants awarded, and the value of work

15 performed on behalf of the non-Federal inter16 est, by State and local agencies, as determined

17 by the Secretary.

18 (3) OPERATION AND MAINTENANCE.—The non19 Federal interest shall pay 100 percent of costs of op20 eration and maintenance of a remediated site.

21 (4) LIMITATION ON FEDERAL EXPENDI22 TURES.—

23 (A) IN GENERAL.—Except as provided in

24 subparagraph (B), the Secretary shall award
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1 not more than $3,250,000 for a project at any

2 brownfield site.

3 (B) EXCEPTION.—If the Secretary deter4 mines that a project, due to the size or the level

5 of contamination of the brownfield site, requires

6 additional funds, the Secretary may provide to

7 the project funding in the amount of the lesser

8 of—

9 (i) $5,000,000; or

10 (ii) an amount not to exceed 65 per11 cent of the costs of the project.

12 (f) APPLICABILITY OF LAWS.—Nothing in this sec13 tion waives, limits, or otherwise affects the applicability

14 of any provision of Federal or State law that would other15 wise apply to a project to be carried out with assistance

16 provided under this section.

17 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated to carry out this section

19 $100,000,000 for each of fiscal years 2001 through 2005.

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