IB
Union Calendar No. 265
107TH CONGRESS
2D SESSION
H. R. 2941
[Report No. 107–448]
To facilitate the provision of assistance by the Department of Housing and
Urban Development for the cleanup and economic redevelopment of
brownfields.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 2001
Mr. GARY G. MILLER of California (for himself, Mrs. MALONEY of New York,
Mr. OXLEY, and Mrs. ROUKEMA) introduced the following bill; which was
referred to the Committee on Financial Services
MAY 8, 2002
Additional sponsors: Mr. GILLMOR, Mrs. KELLY, Ms. HART, Mr. LEACH, Mr.
CANTOR, Mr. QUINN, Mr. BARR of Georgia, Mr. MCHUGH, Mr. TOOMEY,
Mr. MALONEY of Connecticut, Mr. SOUDER, and Mrs. MINK of Hawaii
MAY 8, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 21, 2001]
A BILL
To facilitate the provision of assistance by the Department
of Housing and Urban Development for the cleanup and
economic redevelopment of brownfields.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Brownfields Redevelop-
ment Enhancement Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) returning the Nation’s brownfield sites to
productive economic use could generate more that
550,000 additional jobs and up to $2,400,000,000 in
new tax revenues for cities and towns;
(2) redevelopment of brownfield sites and reuse of
infrastructure at such sites will protect natural re-
sources and open spaces;
(3) lack of funding for redevelopment is a pri-
mary obstacle impeding the reuse of brownfield sites;
(4) the Department of Housing and Urban De-
velopment is the agency of the Federal Government
that is principally responsible for supporting commu-
nity development and encouraging productive land
use in urban areas of the United States;
(5) grants under the Brownfields Economic De-
velopment Initiative of the Department of Housing
and Urban Development provide local governments
with a flexible source of funding to pursue brownfields
redevelopment through land acquisition, site prepara-
tion, economic development, and other activities;
(6) to be eligible for such grant funds, a commu-
nity must be willing to pledge community develop-
ment block grant funds as partial collateral for a loan
guarantee under section 108 of the Housing and Com-
munity Development Act of 1974, and this require-
ment is a barrier to many local communities that are
unable or unwilling to pledge such block grant funds
as collateral; and
(7) by de-linking grants for brownfields develop-
ment from section 108 community development loan
guarantees and the related pledge of community devel-
opment block grant funds, more communities will
have access to funding for redevelopment of brownfield
sites.
(b) PURPOSES.—The purpose of this Act is to provide
cities and towns with more flexibility for brownfields devel-
opment, increased accessibility to brownfields redevelop-
ment funds, and greater capacity to coordinate and collabo-
rate with other government agencies—
(1) by providing additional incentives to invest
in the cleanup and development of brownfield sites;
and
(2) by de-linking grants for brownfields develop-
ment from community development loan guarantees
and the related pledge of community development
block grant funds.
SEC. 3. BROWNFIELDS DEVELOPMENT INITIATIVE.
Title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 123. BROWNFIELDS DEVELOPMENT INITIATIVE.
‘‘(a) IN GENERAL.—The Secretary may make grants
under this section, on a competitive basis as specified in
section 102 of the Department of Housing and Urban Devel-
opment Reform Act of 1989 (42 U.S.C. 3545), only to eligi-
ble public entities (as such term is defined in section 108(o)
of this title) and Indian tribes for carrying out projects and
activities to assist the environmental cleanup and develop-
ment of brownfield sites.
‘‘(b) USE OF GRANT AMOUNTS.—Amounts from grants
under this section shall—
‘‘(1) be used, as provided in subsection (a) of this
section, only for activities specified in section 108(a);
and
‘‘(2) be subject to the same requirements that,
under section 101(c) and paragraphs (2) and (3) of
section 104(b), apply to grants under section 106.
SEC. 4. CLARIFICATION OF BROWNFIELDS REDEVELOP-
MENT AS ELIGIBLE CDBG ACTIVITY.
(a) TECHNICAL CORRECTION.—The penultimate pro-
viso of the first undesignated paragraph of the item relating
to ‘‘Community Development Block Grants Fund’’ in title
II of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropria-
tions Act, 1997 (Public Law 104–204; 110 Stat. 2887) shall
be treated as having amended section 105(a) of the Housing
and Community Development Act of 1974 (42 U.S.C.
5305(a)) to read as such section was in effect on September
30, 1995.
(b) BROWNFIELDS REDEVELOPMENT ACTIVITIES.—
Section 105(a) of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5305(a)), as in effect pursuant
to subsection (a) of this section, is amended—
(1) in paragraph (24), by striking ‘‘and’’ at the
end;
(2) in paragraph (25), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(26) environmental cleanup and economic de-
velopment activities related to brownfield projects in
conjunction with the appropriate environmental regu-
latory agencies.’’.
SEC. 5. PILOT PROGRAM FOR NATIONAL REDEVELOPMENT
OF BROWNFIELDS.
Section 108(q) of the Housing and Community Devel-
opment Act of 1974 (42 U.S.C. 5308(q)) is amended by add-
ing at the end the following new paragraph:
‘‘(5) PILOT PROGRAM FOR NATIONAL REDEVEL-
OPMENT OF BROWNFIELDS.—
‘‘(A) IN
GENERAL.—Using any amounts
made available under this subsection, the Sec-
retary may establish a pilot program under
which grants under this subsection are used to
develop, maintain, and administer (including
the payment of an entity or entities selected pur-
suant to subparagraph (B)) a common loan pool
of development loans for brownfield redevelop-
ment projects made on behalf of eligible public
entities with the proceeds of obligations guaran-
teed under this section, including related security
and a common loans loss reserve account, for the
benefit of participants in the pilot program.
‘‘(B) SELECTION OF PROGRAM MANAGERS
AND CONTRACTORS.—The Secretary may select
an entity or entities on a competitive or non-
competitive basis to carry out any of the func-
tions involved in the pilot program.
‘‘(C) TERMS FOR PARTICIPATION.—Partici-
pation by eligible public entities in the pilot pro-
gram shall be under such terms and conditions
as the Secretary may require.
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
such sums as may be necessary—
‘‘(i) for grants under this subsection to
be used only in conjunction with the pilot
program under this paragraph; and
‘‘(ii) for costs of carrying out the pilot
program under this paragraph and ensur-
ing that the program is carried out in an
effective, efficient, and viable manner.’’.
SEC. 6. TECHNICAL AMENDMENT TO ALLOW USE OF CDBG
FUNDS TO ADMINISTER RENEWAL COMMU-
NITIES.
Section 105(a)(13) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)(13)) is amend-
ed by inserting ‘‘and renewal communities’’ after ‘‘enter-
prise zones’’.
SEC. 7. APPLICABILITY.
The amendments made by this Act shall apply only
with respect to amounts made available for fiscal year 2003
and fiscal years thereafter for use under the provisions of
law amended by this Act.
Union Calendar No. 265
107TH CONGRESS
2D SESSION
H. R. 2941
[Report No. 107–448]
A BILL
To facilitate the provision of assistance by the De-
partment of Housing and Urban Development for
the cleanup and economic redevelopment of
brownfields.
MAY 8, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed