this Act shall be liable to the defendant for all rea-
sonable costs of defending the action, including all
reasonable attorney’s fees and expert witness fees, if
the defendant is not liable for contribution based on
an exemption under this subsection or subsection
(o).’’.
(b) EXPEDITED SETTLEMENT.—Section 122(g) of
such Act (42 U.S.C. 9622(g)) is amended by adding at
the end the following new paragraphs:
‘‘(7) REDUCTION
IN
SETTLEMENT
AMOUNT
BASED ON LIMITED ABILITY TO PAY.—
‘‘(A) IN GENERAL.—The condition for set-
tlement under this paragraph is that the poten-
tially responsible party is a person who dem-
onstrates to the President an inability or a lim-
ited ability to pay response costs.
‘‘(B) CONSIDERATIONS.—In determining
whether or not a demonstration is made under
subparagraph (A) by a person, the President
shall take into consideration the ability of the
person to pay response costs and still maintain
its basic business operations, including consid-
eration of the overall financial condition of the
person and demonstrable constraints on the
ability of the person to raise revenues.
‘‘(C) INFORMATION.—A person requesting
settlement under this paragraph shall promptly
provide the President with all relevant informa-
tion needed to determine the ability of the per-
son to pay response costs.
‘‘(D) 
ALTERNATIVE
PAYMENT
METH-
ODS.—If the President determines that a per-
son is unable to pay its total settlement amount
at the time of settlement, the President shall
consider such alternative payment methods as
may be necessary or appropriate.
‘‘(8) ADDITIONAL CONDITIONS FOR EXPEDITED
SETTLEMENTS.—
‘‘(A) WAIVER OF CLAIMS.—The President
shall require, as a condition for settlement
under this subsection, that a potentially respon-
sible party waive all of the claims (including a
claim for contribution under this Act) that the
party may have against other potentially re-
sponsible parties for response costs incurred
with respect to the facility, unless the President
determines that requiring a waiver would be un-
just.
‘‘(B) FAILURE
TO
COMPLY.—The Presi-
dent may decline to offer a settlement to a po-
tentially responsible party under this subsection
if the President determines that the potentially
responsible party has failed to comply with any
request for access or information or an adminis-
trative subpoena issued by the President under
this Act or has impeded or is impeding, through
action or inaction, the performance of a re-
sponse action with respect to the facility.
‘‘(C) RESPONSIBILITY TO PROVIDE INFOR-
MATION AND ACCESS.—A potentially responsible
party that enters into a settlement under this
subsection shall not be relieved of the responsi-
bility to provide any information or access re-
quested in accordance with subsection (e)(3)(B)
or section 104(e).
‘‘(9) BASIS OF DETERMINATION.—If the Presi-
dent determines that a potentially responsible party
is not eligible for settlement under this subsection,
the President shall provide the reasons for the deter-
mination in writing to the potentially responsible
party that requested a settlement under this sub-
section.
‘‘(10) NOTIFICATION.—As soon as practicable
after receipt of sufficient information to make a de-
termination, the President shall notify any person
that the President determines is eligible under para-
graph (1) of the person’s eligibility for an expedited
settlement.
‘‘(11) NO JUDICIAL REVIEW.—A determination
by the President under paragraph (7), (8), (9), or
(10) shall not be subject to judicial review.
‘‘(12) NOTICE OF SETTLEMENT.—After a set-
tlement under this subsection becomes final with re-
spect to a facility, the President shall promptly no-
tify potentially responsible parties at the facility that
have not resolved their liability to the United States
of the settlement.’’.
SEC. 103. EFFECT ON CONCLUDED ACTIONS.
The amendments made by this title shall not apply
to or in any way affect any settlement lodged in, or judg-
ment issued by, a United States District Court, or any
administrative settlement or order entered into or issued
by the United States or any State, before the date of the
enactment of this Act.
TITLE II—BROWNFIELDS REVI-
TALIZATION AND ENVIRON-
MENTAL RESTORATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Brownfields Revital-
ization and Environmental Restoration Act of 2001’’.
Subtitle A—Brownfields
Revitalization Funding
SEC. 211. BROWNFIELDS REVITALIZATION FUNDING.
(a) DEFINITION
OF BROWNFIELD SITE.—Section
101 of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601) is
amended by adding at the end the following:
‘‘(39) BROWNFIELD SITE.—
‘‘(A) IN GENERAL.—The term ‘brownfield
site’ means real property, the expansion, rede-
velopment, or reuse of which may be com-
plicated by the presence or potential presence of
a hazardous substance, pollutant, or contami-
nant.
‘‘(B) EXCLUSIONS.—The term ‘brownfield
site’ does not include—
‘‘(i) a facility that is the subject of a
planned or ongoing removal action under
this title;
‘‘(ii) a facility that is listed on the Na-
tional Priorities List or is proposed for
listing;
‘‘(iii) a facility that is the subject of
a unilateral administrative order, a court
order, an administrative order on consent
or judicial consent decree that has been
issued to or entered into by the parties
under this Act;
‘‘(iv) a facility that is the subject of a
unilateral administrative order, a court
order, an administrative order on consent
or judicial consent decree that has been
issued to or entered into by the parties, or
a facility to which a permit has been issued
by the United States or an authorized
State under the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), the Federal
Water Pollution Control Act (33 U.S.C.
1321), the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.), or the Safe
Drinking Water Act (42 U.S.C. 300f et
seq.);
‘‘(v) a facility that—
‘‘(I) is subject to corrective ac-
tion under section 3004(u) or 3008(h)
of the Solid Waste Disposal Act (42
U.S.C. 6924(u), 6928(h)); and
‘‘(II) to which a corrective action
permit or order has been issued or
modified to require the implementa-
tion of corrective measures;
‘‘(vi) a land disposal unit with respect
to which—
‘‘(I) a closure notification under
subtitle C of the Solid Waste Disposal
Act (42 U.S.C. 6921 et seq.) has been
submitted; and
‘‘(II) closure requirements have
been specified in a closure plan or
permit;
‘‘(vii) a facility that is subject to the
jurisdiction, custody, or control of a de-
partment, agency, or instrumentality of the
United States, except for land held in trust
by the United States for an Indian tribe;
‘‘(viii) a portion of a facility—
‘‘(I) at which there has been a
release of polychlorinated biphenyls;
and
‘‘(II) that is subject to remedi-
ation under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.);
or
‘‘(ix) a portion of a facility, for which
portion, assistance for response activity
has been obtained under subtitle I of the
Solid Waste Disposal Act (42 U.S.C. 6991
et seq.) from the Leaking Underground
Storage Tank Trust Fund established
under section 9508 of the Internal Rev-
enue Code of 1986.
‘‘(C) SITE-BY-SITE
DETERMINATIONS.—
Notwithstanding subparagraph (B) and on a
site-by-site basis, the President may authorize
financial assistance under section 104(k) to an
eligible entity at a site included in clause (i),
(iv), (v), (vi), (viii), or (ix) of subparagraph (B)
if the President finds that financial assistance
will protect human health and the environment,
and either promote economic development or
enable the creation of, preservation of, or addi-
tion to parks, greenways, undeveloped property,
other recreational property, or other property
used for nonprofit purposes.
‘‘(D) ADDITIONAL AREAS.—For the pur-
poses of section 104(k), the term ‘brownfield
site’ includes a site that—
‘‘(i) meets the definition of ‘brownfield
site’ under subparagraphs (A) through (C);
and
‘‘(ii)(I) is contaminated by a con-
trolled substance (as defined in section 102
of the Controlled Substances Act (21
U.S.C. 802));
‘‘(II)(aa) is contaminated by petro-
leum or a petroleum product excluded from
the definition of ‘hazardous substance’
under section 101; and
‘‘(bb) is a site determined by the Ad-
ministrator or the State, as appropriate, to
be—
‘‘(AA) of relatively low risk, as
compared with other petroleum-only
sites in the State; and
‘‘(BB) a site for which there is
no viable responsible party and which
will be assessed, investigated, or
cleaned up by a person that is not po-
tentially liable for cleaning up the
site; and
‘‘(cc) is not subject to any order
issued under section 9003(h) of the Solid
Waste Disposal Act (42 U.S.C. 6991b(h));
or
‘‘(III) is mine-scarred land.’’.
(b) BROWNFIELDS
REVITALIZATION
FUNDING.—
Section 104 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9604) is amended by adding at the end the fol-
lowing:
‘‘(k) BROWNFIELDS REVITALIZATION FUNDING.—
‘‘(1) DEFINITION
OF
ELIGIBLE
ENTITY.—In
this subsection, the term ‘eligible entity’ means—
‘‘(A) a general purpose unit of local gov-
ernment;
‘‘(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 char-
tered or otherwise sanctioned by a State;
‘‘(F) a State;
‘‘(G) an Indian Tribe other than in Alaska,
or
‘‘(H) an Alaska Native Regional Corpora-
tion 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 commu-
nity.
‘‘(2) BROWNFIELD
SITE
CHARACTERIZATION
AND ASSESSMENT GRANT PROGRAM.—
‘‘(A) ESTABLISHMENT OF PROGRAM.—The
Administrator shall establish a program to—
‘‘(i) provide grants to inventory, char-
acterize, assess, and conduct planning re-
lated to brownfield sites under subpara-
graph (B); and
‘‘(ii) perform targeted site assess-
ments at brownfield sites.
‘‘(B) ASSISTANCE FOR SITE CHARACTER-
IZATION AND ASSESSMENT.—
‘‘(i) IN GENERAL.—On approval of an
application made by an eligible entity, the
Administrator may make a grant to the el-
igible entity to be used for programs to in-
ventory, characterize, assess, and conduct
planning related to 1 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).
‘‘(3) GRANTS
AND
LOANS
FOR
BROWNFIELD
REMEDIATION.—
‘‘(A) GRANTS PROVIDED BY THE PRESI-
DENT.—Subject to paragraphs (4) and (5), 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 orga-
nizations, where warranted, as determined
by the President based on considerations
under subparagraph (C), to be used di-
rectly for remediation of 1 or more
brownfield sites owned by the entity or or-
ganization that receives the grant and in
amounts not to exceed $200,000 for each
site to be remediated.
‘‘(B) LOANS AND GRANTS PROVIDED BY
ELIGIBLE ENTITIES.—An eligible entity that re-
ceives a grant under subparagraph (A)(i) shall
use the grant funds to provide assistance for
the remediation of brownfield sites in the form
of—
‘‘(i) 1 or more loans to an eligible en-
tity, a site owner, a site developer, or an-
other person; or
‘‘(ii) 1 or more grants to an eligible
entity or other nonprofit organization,
where warranted, as determined by the eli-
gible entity that is providing the assist-
ance, based on considerations under sub-
paragraph (C), to remediate sites owned by
the eligible entity or nonprofit organization
that receives the grant.
‘‘(C) CONSIDERATIONS.—In determining
whether a grant under subparagraph (A)(ii) or
(B)(ii) is warranted, the President or the eligi-
ble entity, as the case may be, shall take into
consideration—
‘‘(i) the extent to which a grant will
facilitate the creation of, preservation of,
or addition to a park, a greenway, undevel-
oped property, recreational property, or
other property used for nonprofit purposes;
‘‘(ii) the extent to which a grant will
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;
‘‘(iii) the extent to which a grant will
facilitate the use or reuse of existing infra-
structure;
‘‘(iv) the benefit of promoting the
long-term availability of funds from a re-
volving loan fund for brownfield remedi-
ation; and
‘‘(v) such other similar factors as the
Administrator considers appropriate to
consider for the purposes of this sub-
section.
‘‘(D) TRANSITION.—Revolving loan funds
that have been established before the date of
enactment of this subsection may be used in ac-
cordance with this paragraph.
‘‘(4) GENERAL PROVISIONS.—
‘‘(A) MAXIMUM GRANT AMOUNT.—
‘‘(i) BROWNFIELD SITE CHARACTER-
IZATION 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 Adminis-
trator may waive the $200,000 limita-
tion 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 commu-
nity-wide or site-by-site basis, not to ex-
ceed $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 ad-
dressed by the revolving loan fund;
‘‘(II) the demand for funding by
eligible entities that have not pre-
viously 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 appro-
priate 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 re-
quirement;
‘‘(III) an administrative cost;
‘‘(IV) a response cost at a
brownfield site for which the recipient
of the grant or loan is potentially lia-
ble under section 107; or
‘‘(V) 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 identifica-
tion of the extent of contamination;
‘‘(II) design and performance of
a response action; or
‘‘(III) monitoring of a natural re-
source.
‘‘(C) ASSISTANCE FOR DEVELOPMENT OF
LOCAL GOVERNMENT SITE REMEDIATION PRO-
GRAMS.—A local government that receives a
grant under this subsection may use not to ex-