I 

111TH CONGRESS 

1ST SESSION H. R. 3518 

To amend the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 to provide grants for the revitalization of waterfront 

brownfields, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2009 

Ms. SLAUGHTER (for herself, Mr. BLUMENAUER, Mr. CARNAHAN, Mr. CONYERS, Mr. HIGGINS, Mr. HINCHEY, Ms. KAPTUR, Mr. KENNEDY, Mr. 

KING of New York, Mr. MCHUGH, Mr. PASCRELL, Mr. RYAN of Ohio, 

Ms. SCHWARTZ, Mr. SERRANO, Mr. SESTAK, Mr. SIRES, Ms. SUTTON, 

Mr. THOMPSON of California, Mr. WU, Mrs. CHRISTENSEN, Mr. 

LANGEVIN, Ms. PINGREE of Maine, Mr. TONKO, Mr. CARNEY, Mrs. 

DAHLKEMPER, Mr. MCGOVERN, Mr. KILDEE, Mr. WELCH, and Mr. 

ARCURI) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on 

Transportation and Infrastructure and Rules, 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 Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide grants 

for the revitalization of waterfront 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Waterfront Brown3 fields Revitalization Act’’. 

4 SEC. 2. WATERFRONT BROWNFIELDS GRANT. 

5 Section 104(k) of the Comprehensive Environmental 

6 Response, Compensation, and Liability Act of 1980 (42 

7 U.S.C. 9604(k)) is amended— 

8 (1) by redesignating paragraphs (4) through 

9 (12) as paragraphs (5) through (13), respectively; 

10 (2) in paragraph (3)(A) by striking ‘‘para11 graphs (4) and (5)’’ and inserting ‘‘paragraphs (5) 

12 and (6)’’; 

13 (3) by inserting after paragraph (3) the fol14 lowing: 

15 ‘‘(4) GRANTS FOR WATERFRONT BROWNFIELDS

16 REVITALIZATION.— 

17 ‘‘(A) IN GENERAL.—Subject to paragraphs 

18 (5) and (6), the President shall establish a pro19 gram to provide grants to eligible entities or 

20 nonprofit organizations to be used at one or 

21 more waterfront brownfields sites. 

22 ‘‘(B) USE OF FUNDS.—Such grants may 

23 be used for reuse planning, site characterization 

24 and assessment, or remediation at waterfront 

25 brownfields sites, including the integration of 

26 activities related to the design and implementaVerDate Nov 24 2008 22:49 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3518.IH H3518

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1 tion of water quality improvements, low impact 

2 development approaches, green infrastructure, 

3 remediation and management of sediments, or 

4 flood damage prevention associated with 

5 brownfields remediation and reuse. 

6 ‘‘(C) WATERFRONT BROWNFIELDS SITE

7 DEFINED.—In this section, the term ‘waterfront 

8 brownfields site’ means a brownfields site any 

9 part of which is adjacent to a body of water.’’; 

10 (4) in paragraph (5)(A) (as redesignated by 

11 paragraph (1) of this section) by inserting after 

12 clause (ii) the following: 

13 ‘‘(iii) WATERFRONT BROWNFIELDS

14 REVITALIZATION.—A grant made to an eli15 gible entity or nonprofit organization 

16 under paragraph (4) may not exceed 

17 $500,000.’’; 

18 (5) in paragraph (7)(A) (as redesignated by 

19 paragraph (1) of this section) by inserting ‘‘water20 front brownfields revitalization,’’ after ‘‘community 

21 involvement,’’; and 

22 (6) by striking paragraph (13) (as redesignated 

23 by paragraph (1) of this section) and inserting the 

24 following: 

25 ‘‘(13) FUNDING.— 


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1 ‘‘(A) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appropriated 

3 to carry out this subsection $220,000,000 for 

4 each of fiscal years 2010 through 2014. 

5 ‘‘(B) USE OF CERTAIN FUNDS.—Of the 

6 amounts made available under subparagraph 

7 (A) for a fiscal year $55,000,000, or, if the 

8 amount made available is less than 

9 $220,000,000, 25 percent of the amount made 

10 available, shall be used for site characterization, 

11 assessment, and remediation of facilities de12 scribed in section 101(39)(D)(ii)(II). 

13 ‘‘(C) WATERFRONT BROWNFIELDS REVI14 TALIZATION.—There are authorized to be ap15 propriated such sums as may be necessary for 

16 waterfront brownfields revitalization grants 

17 under paragraph (4).’’. 

18 SEC. 3. TASK FORCE. 

19 (a) ESTABLISHMENT.—The Administrator of the En20 vironmental Protection Agency shall establish and serve 

21 as chairperson of a task force on waterfront brownfields 

22 revitalization. 

23 (b) MEMBERSHIP.—Members of the task force shall 

24 include representatives who have expertise in waterfronts 


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1 or brownfields revitalization, including representatives 

2 from the following: 

3 (1) The Environmental Protection Agency. 

4 (2) The National Oceanographic and Atmos5 pheric Administration. 

6 (3) The Army Corps of Engineers. 

7 (4) The Department of Transportation. 

8 (5) The Department of Housing and Urban De9 velopment. 

10 (6) The Economic Development Administration. 

11 (7) The United States Fish and Wildlife Serv12 ice. 

13 (8) State and local governments. 

14 (9) Community-based organizations and other 

15 interested parties. 

16 (10) Any additional entities the Administrator 

17 chooses to include. 

18 (c) DUTIES.—The task force shall identify— 

19 (1) current and potential funding and technical 

20 assistance resources for waterfront brownfields revi21 talization; 

22 (2) barriers to and solutions for waterfront 

23 brownfields revitalization; and 

24 (3) methods to coordinate interagency efforts 

25 for waterfront brownfields revitalization. 


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1 (d) REPORT.—Not later than 3 years after the date 

2 of enactment of this Act, the Administrator shall submit 

3 to the appropriate committees of Congress a report detail4 ing the findings of the task force on improving waterfront 

5 brownfields revitalization. 

6 SEC. 4. ANNUAL REPORT. 

7 (a) IN GENERAL.—The Administrator of the Envi8 ronmental Protection Agency shall submit to the Com9 mittee on Energy and Commerce and the Committee on 

10 Transportation and Infrastructure of the House of Rep11 resentatives an annual report on the implementation of the 

12 brownfield site characterization and assessment grant pro13 gram authorized by section 104(k) of the Comprehensive 

14 Environmental Response, Compensation, and Liability Act 

15 of 1980 (42 U.S.C. 9604(k)). 

16 (b) COMMITTEE HEARINGS ON ANNUAL REPORT.— 

17 (1) IN GENERAL.—During each year, the Com18 mittee on Energy and Commerce and the Committee 

19 on Transportation and Infrastructure of the House 

20 of Representatives shall each hold a hearing on the 

21 annual report submitted by the Administrator under 

22 subsection (a). 

23 (2) EXERCISE OF RULEMAKING AUTHORITY.— 

24 The provisions of paragraph (1) are enacted— 


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1 (A) as an exercise of the rulemaking power 

2 of the House of Representatives, and, as such, 

3 they shall be considered as part of the rules of 

4 the House, and such rules shall supersede any 

5 other rule of the House only to the extent that 

6 rule is inconsistent therewith; and 

7 (B) with full recognition of the constitu8 tional right of the House to change such rules 

9 (so far as relating to the procedure in the 

10 House) at any time, in the same manner, and 

11 to the same extent as in the case of any other 

12 rule of the House. 

Æ 


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