‘‘(C) the person has impeded or is imped-
ing, through action or inaction, the performance 
of a response action or natural resource res-
toration with respect to the facility. 
‘‘(3) NO JUDICIAL REVIEW.—A determination 
by the President under paragraph (2) shall not be 
subject to judicial review. 
‘‘(4) 
DEFINITION
OF
MUNICIPAL
SOLID 
WASTE.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection, the term ‘municipal solid waste’ 
means waste material— 
‘‘(i) generated by a household (includ-
ing a single or multifamily residence); and 
‘‘(ii) generated by a commercial, in-
dustrial, or institutional entity, to the ex-
tent that the waste material— 
‘‘(I) is essentially the same as 
waste normally generated by a house-
hold; 
‘‘(II) is collected and disposed of 
with other municipal solid waste as 
part of normal municipal solid waste 
collection services; and 
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‘‘(III) contains a relative quan-
tity of hazardous substances no great-
er than the relative quantity of haz-
ardous substances contained in waste 
material generated by a typical single- 
family household. 
‘‘(B) EXAMPLES.—Examples of municipal 
solid waste under subparagraph (A) include 
food and yard waste, paper, clothing, appli-
ances, consumer product packaging, disposable 
diapers, office supplies, cosmetics, glass and 
metal food containers, elementary or secondary 
school science laboratory waste, and household 
hazardous waste. 
‘‘(C) EXCLUSIONS.—The term ‘municipal 
solid waste’ does not include— 
‘‘(i) combustion ash generated by re-
source recovery facilities or municipal in-
cinerators; or 
‘‘(ii) waste material from manufac-
turing or processing operations (including 
pollution control operations) that is not es-
sentially the same as waste normally gen-
erated by households. 
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‘‘(5) BURDEN OF PROOF.—In the case of an ac-
tion, with respect to response costs at a facility on 
the National Priorities List, brought under section 
107 or 113 by— 
‘‘(A) a party, other than a Federal, State, 
or local government, with respect to municipal 
solid waste disposed of on or after April 1, 
2001; or 
‘‘(B) any party with respect to municipal 
solid waste disposed of before April 1, 2001, the 
burden of proof shall be on the party bringing 
the action to demonstrate that the conditions 
described in paragraphs (1) and (4) for exemp-
tion for entities and organizations described in 
paragraph (1)(B) and (C) are not met. 
‘‘(6) CERTAIN ACTIONS NOT PERMITTED.—No 
contribution action may be brought by a party, other 
than a Federal, State, or local government, under 
this Act with respect to circumstances described in 
paragraph (1)(A). 
‘‘(7) COSTS
AND
FEES.—A nongovernmental 
entity that commences, after the date of the enact-
ment of this subsection, a contribution action under 
this Act shall be liable to the defendant for all rea-
sonable costs of defending the action, including all 
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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 
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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 
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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 response 
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-
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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’’. 
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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 
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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 
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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 
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‘‘(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 128 to an eli-
gible 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 addition to 
parks, greenways, undeveloped property, other 
recreational property, or other property used 
for nonprofit purposes. 
‘‘(D) ADDITIONAL AREAS.—For the pur-
poses of section 128, the term ‘brownfield site’ 
includes a site that— 
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‘‘(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 
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Waste Disposal Act (42 U.S.C. 6991b(h)); 
or 
‘‘(III) is mine-scarred land.’’. 
(b) BROWNFIELDS
REVITALIZATION
FUNDING.— 
Title I of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 128. BROWNFIELDS REVITALIZATION FUNDING. 
‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘eligible entity’ means— 
‘‘(1) a general purpose unit of local govern-
ment; 
‘‘(2) a land clearance authority or other quasi- 
governmental entity that operates under the super-
vision and control of or as an agent of a general 
purpose unit of local government; 
‘‘(3) a government entity created by a State 
legislature; 
‘‘(4) a regional council or group of general pur-
pose units of local government; 
‘‘(5) a redevelopment agency that is chartered 
or otherwise sanctioned by a State; 
‘‘(6) a State; or 
‘‘(7) an Indian Tribe, which, in the case of 
Alaska, shall mean only an Indian Tribe with juris-
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diction over land or an Alaska Native Regional Cor-
poration as that term is defined in section 3 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 
1602(g)). 
‘‘(b) BROWNFIELD SITE CHARACTERIZATION
AND 
ASSESSMENT GRANT PROGRAM.— 
‘‘(1) ESTABLISHMENT OF PROGRAM.—The Ad-
ministrator shall establish a program to— 
‘‘(A) provide grants to inventory, charac-
terize, assess, and conduct planning related to 
brownfield sites under paragraph (2); and 
‘‘(B) perform targeted site assessments at 
brownfield sites. 
‘‘(2) ASSISTANCE FOR SITE CHARACTERIZATION 
AND ASSESSMENT.— 
‘‘(A) IN GENERAL.—On approval of an ap-
plication made by an eligible entity, the Admin-
istrator may make a grant to the eligible entity 
to be used for programs to inventory, charac-
terize, assess, and conduct planning related to 
1 or more brownfield sites. 
‘‘(B) SITE
CHARACTERIZATION
AND
AS-
SESSMENT.—A site characterization and assess-
ment carried out with the use of a grant under 
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subparagraph (A) shall be performed in accord-
ance with section 101(35)(B). 
‘‘(c) GRANTS AND LOANS FOR BROWNFIELD REME-
DIATION.— 
‘‘(1) GRANTS PROVIDED BY THE PRESIDENT.— 
Subject to subsections (d) and (e), the President 
shall establish a program to provide grants to— 
‘‘(A) eligible entities, to be used for cap-
italization of revolving loan funds; and 
‘‘(B) eligible entities or nonprofit organiza-
tions, where warranted, as determined by the 
President based on considerations under para-
graph (3), to be used directly for remediation of 
1 or more brownfield sites owned by the entity 
or organization that receives the grant and in 
amounts not to exceed $200,000 for each site 
to be remediated. 
‘‘(2) LOANS AND GRANTS PROVIDED BY ELIGI-
BLE ENTITIES.—An eligible entity that receives a 
grant under paragraph (1)(A) shall use the grant 
funds to provide assistance for the remediation of 
brownfield sites in the form of— 
‘‘(A) 1 or more loans to an eligible entity, 
a site owner, a site developer, or another per-
son; or 
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‘‘(B) 1 or more grants to an eligible entity 
or other nonprofit organization, where war-
ranted, as determined by the eligible entity that 
is providing the assistance, based on consider-
ations under paragraph (3), to remediate sites 
owned by the eligible entity or nonprofit organi-
zation that receives the grant. 
‘‘(3) CONSIDERATIONS.—In determining wheth-
er a grant under paragraph (1)(B) or (2)(B) is war-
ranted, the President or the eligible entity, as the 
case may be, shall take into consideration— 
‘‘(A) the extent to which a grant will facili-
tate the creation of, preservation of, or addition 
to a park, a greenway, undeveloped property, 
recreational property, or other property used 
for nonprofit purposes; 
‘‘(B) 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 environ-
mental remediation and subsequent redevelop-
ment of the area in which a brownfield site is 
located because of the small population or low 
income of the community; 
‘‘(C) the extent to which a grant will facili-
tate the use or reuse of existing infrastructure; 
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‘‘(D) the benefit of promoting the long- 
term availability of funds from a revolving loan 
fund for brownfield remediation; and 
‘‘(E) such other similar factors as the Ad-
ministrator considers appropriate to consider 
for the purposes of this section. 
‘‘(4) TRANSITION.—Revolving loan funds that 
have been established before the date of enactment 
of this section may be used in accordance with this 
subsection. 
‘‘(d) GENERAL PROVISIONS.— 
‘‘(1) MAXIMUM GRANT AMOUNT.— 
‘‘(A) BROWNFIELD
SITE
CHARACTERIZA-
TION AND ASSESSMENT.— 
‘‘(i) IN
GENERAL.—A grant under 
subsection (b)— 
‘‘(I) may be awarded to an eligi-
ble entity on a community-wide or 
site-by-site basis; and 
‘‘(II) shall not exceed, for any in-
dividual brownfield site covered by the 
grant, $200,000. 
‘‘(ii) 
WAIVER.—The 
Administrator 
may waive the $200,000 limitation under 
clause (i)(II) to permit the brownfield site 
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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. 
‘‘(B) BROWNFIELD REMEDIATION.— 
‘‘(i) GRANT AMOUNT.—A grant under 
subsection (c)(1)(A) may be awarded to an 
eligible entity on a community-wide or site- 
by-site basis, not to exceed $1,000,000 per 
eligible entity. 
‘‘(ii) ADDITIONAL GRANT AMOUNT.— 
The Administrator may make an additional 
grant to an eligible entity described in 
clause (i) 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 
section; 
‘‘(III) the demonstrated ability of 
the eligible entity to use the revolving 
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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 section. 
‘‘(2) PROHIBITION.— 
‘‘(A) IN GENERAL.—No part of a grant or 
loan under this section may be used for the 
payment of— 
‘‘(i) a penalty or fine; 
‘‘(ii) a Federal cost-share require-
ment; 
‘‘(iii) an administrative cost; 
‘‘(iv) a response cost at a brownfield 
site for which the recipient of the grant or 
loan is potentially liable under section 107; 
or 
‘‘(v) a cost of compliance with any 
Federal law (including a Federal law speci-
fied in section 101(39)(B)), excluding the 
cost of compliance with laws applicable to 
the cleanup. 
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‘‘(B) EXCLUSIONS.—For the purposes of 
subparagraph (A)(iii), the term ‘administrative 
cost’ does not include the cost of— 
‘‘(i) investigation and identification of 
the extent of contamination; 
‘‘(ii) design and performance of a re-
sponse action; or 
‘‘(iii) monitoring of a natural re-
source. 
‘‘(3) 
ASSISTANCE
FOR
DEVELOPMENT
OF 
LOCAL
GOVERNMENT
SITE
REMEDIATION
PRO-
GRAMS.—A local government that receives a grant 
under this section may use not to exceed 10 percent 
of the grant funds to develop and implement a 
brownfields program that may include— 
‘‘(A) monitoring the health of populations 
exposed to 1 or more hazardous substances 
from a brownfield site; and 
‘‘(B) monitoring and enforcement of any 
institutional control used to prevent human ex-
posure to any hazardous substance from a 
brownfield site. 
‘‘(4) INSURANCE.—A recipient of a grant or 
loan awarded under subsection (b) or (c) that per-
forms a characterization, assessment, or remediation 
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of a brownfield site may use a portion of the grant 
or loan to purchase insurance for the characteriza-
tion, assessment, or remediation of that site. 
‘‘(e) GRANT APPLICATIONS.— 
‘‘(1) SUBMISSION.— 
‘‘(A) IN GENERAL.— 
‘‘(i) APPLICATION.—An eligible entity 
may submit to the Administrator, through 
a regional office of the Environmental Pro-
tection Agency and in such form as the 
Administrator may require, an application 
for a grant under this section for 1 or 
more brownfield sites (including informa-
tion on the criteria used by the Adminis-
trator to rank applications under para-
graph (3), to the extent that the informa-
tion is available). 
‘‘(ii) NCP REQUIREMENTS.—The Ad-
ministrator may include in any require-
ment for submission of an application 
under clause (i) a requirement of the Na-
tional Contingency Plan only to the extent 
that the requirement is relevant and appro-
priate to the program under this section. 
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‘‘(B) COORDINATION.—The Administrator 
shall coordinate with other Federal agencies to 
assist in making eligible entities aware of other 
available Federal resources. 
‘‘(C) GUIDANCE.—The Administrator shall 
publish guidance to assist eligible entities in ap-
plying for grants under this section. 
‘‘(2) APPROVAL.—The Administrator shall— 
‘‘(A) at least annually, complete a review 
of applications for grants that are received from 
eligible entities under this section; and 
‘‘(B) award grants under this section to el-
igible entities that the Administrator deter-
mines have the highest rankings under the 
ranking criteria established under paragraph 
(3). 
‘‘(3) RANKING
CRITERIA.—The Administrator 
shall establish a system for ranking grant applica-
tions received under this subsection that includes the 
following criteria: 
‘‘(A) The extent to which a grant will stim-
ulate the availability of other funds for environ-
mental assessment or remediation, and subse-
quent reuse, of an area in which 1 or more 
brownfield sites are located. 
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‘‘(B) The potential of the proposed project 
or the development plan for an area in which 1 
or more brownfield sites are located to stimu-
late economic development of the area on com-
pletion of the cleanup. 
‘‘(C) The extent to which a grant would 
address or facilitate the identification and re-
duction of threats to human health and the en-
vironment, including threats in areas in which 
there is a greater-than-normal incidence of dis-
eases or conditions (including cancer, asthma, 
or birth defects) that may be associated with 
exposure to hazardous substances, pollutants, 
or contaminants. 
‘‘(D) The extent to which a grant would 
facilitate the use or reuse of existing infrastruc-
ture. 
‘‘(E) The extent to which a grant would 
facilitate the creation of, preservation of, or ad-
dition to a park, a greenway, undeveloped prop-
erty, recreational property, or other property 
used for nonprofit purposes. 
‘‘(F) The extent to which a grant would 
meet the needs of a community that has an in-
ability to draw on other sources of funding for 
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environmental remediation and subsequent re-
development of the area in which a brownfield 
site is located because of the small population 
or low income of the community. 
‘‘(G) The extent to which the applicant is 
eligible for funding from other sources. 
‘‘(H) The extent to which a grant will fur-
ther the fair distribution of funding between 
urban and nonurban areas. 
‘‘(I) The extent to which the grant pro-
vides for involvement of the local community in 
the process of making decisions relating to 
cleanup and future use of a brownfield site. 
‘‘(J) The extent to which a grant would 
address or facilitate the identification and re-
duction of threats to the health or welfare of 
children, pregnant women, minority or low-in-
come communities, or other sensitive popu-
lations. 
‘‘(f) IMPLEMENTATION
OF
BROWNFIELDS
PRO-
GRAMS.— 
‘‘(1) ESTABLISHMENT OF PROGRAM.—The Ad-
ministrator may provide, or fund eligible entities or 
nonprofit organizations to provide, training, re-
search, and technical assistance to individuals and 
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organizations, as appropriate, to facilitate the inven-
tory of brownfield sites, site assessments, remedi-
ation of brownfield sites, community involvement, or 
site preparation. 
‘‘(2) FUNDING RESTRICTIONS.—The total Fed-
eral funds to be expended by the Administrator 
under this subsection shall not exceed 15 percent of 
the total amount appropriated to carry out this sec-
tion in any fiscal year. 
‘‘(g) AUDITS.— 
‘‘(1) IN GENERAL.—The Inspector General of 
the Environmental Protection Agency shall conduct 
such reviews or audits of grants and loans under 
this section as the Inspector General considers nec-
essary to carry out this section. 
‘‘(2) PROCEDURE.—An audit under this para-
graph shall be conducted in accordance with the au-
diting procedures of the General Accounting Office, 
including chapter 75 of title 31, United States Code. 
‘‘(3) VIOLATIONS.—If the Administrator deter-
mines that a person that receives a grant or loan 
under this section has violated or is in violation of 
a condition of the grant, loan, or applicable Federal 
law, the Administrator may— 
‘‘(A) terminate the grant or loan; 
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‘‘(B) require the person to repay any funds 
received; and 
‘‘(C) seek any other legal remedies avail-
able to the Administrator. 
‘‘(4) REPORT TO CONGRESS.—Not later than 3 
years after the date of enactment of this section, the 
Inspector General of the Environmental Protection 
Agency shall submit to Congress a report that pro-
vides a description of the management of the pro-
gram (including a description of the allocation of 
funds under this section). 
‘‘(h) LEVERAGING.—An eligible entity that receives 
a grant under this section may use the grant funds for 
a portion of a project at a brownfield site for which fund-
ing is received from other sources if the grant funds are 
used only for the purposes described in subsection (b) or 
(c). 
‘‘(i) AGREEMENTS.—Each grant or loan made under 
this section shall— 
‘‘(1) include a requirement of the National Con-
tingency Plan only to the extent that the require-
ment is relevant and appropriate to the program 
under this section, as determined by the Adminis-
trator; and 
‘‘(2) be subject to an agreement that— 
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‘‘(A) requires the recipient to— 
‘‘(i) comply with all applicable Federal 
and State laws; and 
‘‘(ii) ensure that the cleanup protects 
human health and the environment; 
‘‘(B) requires that the recipient use the 
grant or loan exclusively for purposes specified 
in subsection (b) or (c), as applicable; 
‘‘(C) in the case of an application by an el-
igible entity under subsection (c)(1), requires 
the eligible entity to pay a matching share 
(which may be in the form of a contribution of 
labor, material, or services) of at least 20 per-
cent, from non-Federal sources of funding, un-
less the Administrator determines that the 
matching share would place an undue hardship 
on the eligible entity; and 
‘‘(D) contains such other terms and condi-
tions as the Administrator determines to be 
necessary to carry out this section. 
‘‘(j) FACILITY OTHER THAN BROWNFIELD SITE.— 
The fact that a facility may not be a brownfield site within 
the meaning of section 101(39)(A) has no effect on the 
eligibility of the facility for assistance under any other pro-
vision of Federal law. 
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‘‘(k) EFFECT ON FEDERAL LAWS.—Nothing in this 
section affects any liability or response authority under 
any Federal law, including— 
‘‘(1) this Act (including the last sentence of sec-
tion 101(14)); 
‘‘(2) the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.); 
‘‘(3) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.); 
‘‘(4) the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.); and 
‘‘(5) the Safe Drinking Water Act (42 U.S.C. 
300f et seq.). 
‘‘(l) FUNDING.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this section $200,000,000 for each of fiscal years 
2002 through 2006. 
‘‘(2) USE OF CERTAIN FUNDS.—Of the amount 
made available under paragraph (1), $50,000,000, 
or, if the amount made available is less than 
$200,000,000, 25 percent of the amount made avail-
able, shall be used for site characterization, assess-
ment, and remediation of facilities described in sec-
tion 101(39)(D)(ii)(II).’’. 
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Subtitle B—Brownfields Liability 
Clarifications 
SEC. 221. CONTIGUOUS PROPERTIES. 
Section 107 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) is amended by adding at the end the fol-
lowing: 
‘‘(q) CONTIGUOUS PROPERTIES.— 
‘‘(1) NOT CONSIDERED TO BE AN OWNER OR 
OPERATOR.— 
‘‘(A) IN GENERAL.—A person that owns 
real property that is contiguous to or otherwise 
similarly situated with respect to, and that is or 
may be contaminated by a release or threatened 
release of a hazardous substance from, real 
property that is not owned by that person shall 
not be considered to be an owner or operator of 
a vessel or facility under paragraph (1) or (2) 
of subsection (a) solely by reason of the con-
tamination if— 
‘‘(i) the person did not cause, con-
tribute, or consent to the release or threat-
ened release; 
‘‘(ii) the person is not— 
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‘‘(I) potentially liable, or affili-
ated with any other person that is po-
tentially liable, for response costs at a 
facility through any direct or indirect 
familial relationship or any contrac-
tual, corporate, or financial relation-
ship (other than a contractual, cor-
porate, or financial relationship that 
is created by a contract for the sale of 
goods or services); or 
‘‘(II) the result of a reorganiza-
tion of a business entity that was po-
tentially liable; 
‘‘(iii) the person takes reasonable 
steps to— 
‘‘(I) stop any continuing release; 
‘‘(II) prevent any threatened fu-
ture release; and 
‘‘(III) prevent or limit human, 
environmental, or natural resource ex-
posure to any hazardous substance re-
leased on or from property owned by 
that person; 
‘‘(iv) the person provides full coopera-
tion, assistance, and access to persons that 
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are authorized to conduct response actions 
or natural resource restoration at the vessel 
or facility from which there has been a re-
lease or threatened release (including the 
cooperation and access necessary for the in-
stallation, integrity, operation, and mainte-
nance of any complete or partial response 
action or natural resource restoration at the 
vessel or facility); 
‘‘(v) the person— 
‘‘(I) is in compliance with any 
land use restrictions established or re-
lied on in connection with the re-
sponse action at the facility; and 
‘‘(II) does not impede the effec-
tiveness or integrity of any institu-
tional control employed in connection 
with a response action; 
‘‘(vi) the person is in compliance with 
any request for information or administra-
tive subpoena issued by the President 
under this Act; 
‘‘(vii) the person provides all legally 
required notices with respect to the dis-
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covery or release of any hazardous sub-
stances at the facility; and 
‘‘(viii) at the time at which the person 
acquired the property, the person— 
‘‘(I) conducted all appropriate in-
quiry within the meaning of section 
101(35)(B) with respect to the prop-
erty; and 
‘‘(II) did not know or have rea-
son to know that the property was or 
could be contaminated by a release or 
threatened release of 1 or more haz-
ardous substances from other real 
property not owned or operated by the 
person. 
‘‘(B) DEMONSTRATION.—To qualify as a 
person described in subparagraph (A), a person 
must establish by a preponderance of the evi-
dence that the conditions in clauses (i) through 
(viii) of subparagraph (A) have been met. 
‘‘(C) BONA
FIDE
PROSPECTIVE
PUR-
CHASER.—Any person that does not qualify as 
a person described in this paragraph because 
the person had, or had reason to have, knowl-
edge specified in subparagraph (A)(viii) at the 
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time of acquisition of the real property may 
qualify as a bona fide prospective purchaser 
under section 101(40) if the person is otherwise 
described in that section. 
‘‘(D) GROUND WATER.—With respect to a 
hazardous substance from 1 or more sources 
that are not on the property of a person that 
is a contiguous property owner that enters 
ground water beneath the property of the per-
son solely as a result of subsurface migration in 
an aquifer, subparagraph (A)(iii) shall not re-
quire the person to conduct ground water inves-
tigations or to install ground water remediation 
systems, except in accordance with the policy of 
the Environmental Protection Agency con-
cerning owners of property containing contami-
nated aquifers, dated May 24, 1995. 
‘‘(2) EFFECT OF LAW.—With respect to a per-
son described in this subsection, nothing in this sub-
section— 
‘‘(A) limits any defense to liability that 
may be available to the person under any other 
provision of law; or 
‘‘(B) imposes liability on the person that is 
not otherwise imposed by subsection (a). 
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‘‘(3) ASSURANCES.—The Administrator may— 
‘‘(A) issue an assurance that no enforce-
ment action under this Act will be initiated 
against a person described in paragraph (1); 
and 
‘‘(B) grant a person described in para-
graph (1) protection against a cost recovery or 
contribution action under section 113(f).’’. 
SEC. 222. PROSPECTIVE PURCHASERS AND WINDFALL 
LIENS. 
(a) DEFINITION OF BONA FIDE PROSPECTIVE PUR-
CHASER.—Section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601) (as amended by section 211(a) of 
this Act) is amended by adding at the end the following: 
‘‘(40) BONA FIDE PROSPECTIVE PURCHASER.— 
The term ‘bona fide prospective purchaser’ means a 
person (or a tenant of a person) that acquires own-
ership of a facility after the date of enactment of 
this paragraph and that establishes each of the fol-
lowing by a preponderance of the evidence: 
‘‘(A) DISPOSAL PRIOR TO ACQUISITION.— 
All disposal of hazardous substances at the fa-
cility occurred before the person acquired the 
facility. 
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‘‘(B) INQUIRIES.— 
‘‘(i) IN GENERAL.—The person made 
all appropriate inquiries into the previous 
ownership and uses of the facility in ac-
cordance with generally accepted good 
commercial and customary standards and 
practices in accordance with clauses (ii) 
and (iii). 
‘‘(ii) STANDARDS AND PRACTICES.— 
The standards and practices referred to in 
clauses (ii) and (iv) of paragraph (35)(B) 
shall be considered to satisfy the require-
ments of this subparagraph. 
‘‘(iii) RESIDENTIAL USE.—In the case 
of property in residential or other similar 
use at the time of purchase by a non-
governmental or noncommercial entity, a 
facility inspection and title search that re-
veal no basis for further investigation shall 
be considered to satisfy the requirements 
of this subparagraph. 
‘‘(C) NOTICES.—The person provides all 
legally required notices with respect to the dis-
covery or release of any hazardous substances 
at the facility. 
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‘‘(D) CARE.—The person exercises appro-
priate care with respect to hazardous sub-
stances found at the facility by taking reason-
able steps to— 
‘‘(i) stop any continuing release; 
‘‘(ii) prevent any threatened future re-
lease; and 
‘‘(iii) prevent or limit human, environ-
mental, or natural resource exposure to 
any previously released hazardous sub-
stance. 
‘‘(E) COOPERATION, ASSISTANCE, AND AC-
CESS.—The person provides full cooperation, 
assistance, and access to persons that are au-
thorized to conduct response actions or natural 
resource restoration at a vessel or facility (in-
cluding the cooperation and access necessary 
for the installation, integrity, operation, and 
maintenance of any complete or partial re-
sponse actions or natural resource restoration 
at the vessel or facility). 
‘‘(F) INSTITUTIONAL CONTROL.—The per-
son— 
‘‘(i) is in compliance with any land 
use restrictions established or relied on in 
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connection with the response action at a 
vessel or facility; and 
‘‘(ii) does not impede the effectiveness 
or integrity of any institutional control em-
ployed at the vessel or facility in connec-
tion with a response action. 
‘‘(G) REQUESTS; SUBPOENAS.—The person 
complies with any request for information or 
administrative subpoena issued by the President 
under this Act. 
‘‘(H) NO
AFFILIATION.—The person is 
not— 
‘‘(i) potentially liable, or affiliated 
with any other person that is potentially 
liable, for response costs at a facility 
through— 
‘‘(I) any direct or indirect famil-
ial relationship; or 
‘‘(II) any contractual, corporate, 
or financial relationship (other than a 
contractual, corporate, or financial re-
lationship that is created by the in-
struments by which title to the facility 
is conveyed or financed or by a con-
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tract for the sale of goods or services); 
or 
‘‘(ii) the result of a reorganization of 
a business entity that was potentially lia-
ble.’’. 
(b) PROSPECTIVE
PURCHASER
AND
WINDFALL 
LIEN.—Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) (as amended by this Act) is further amended 
by adding at the end the following: 
‘‘(r) PROSPECTIVE
PURCHASER
AND
WINDFALL 
LIEN.— 
‘‘(1) LIMITATION
ON
LIABILITY.—Notwith-
standing subsection (a)(1), a bona fide prospective 
purchaser whose potential liability for a release or 
threatened release is based solely on the purchaser’s 
being considered to be an owner or operator of a fa-
cility shall not be liable as long as the bona fide pro-
spective purchaser does not impede the performance 
of a response action or natural resource restoration. 
‘‘(2) LIEN.—If there are unrecovered response 
costs incurred by the United States at a facility for 
which an owner of the facility is not liable by reason 
of paragraph (1), and if each of the conditions de-
scribed in paragraph (3) is met, the United States 
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shall have a lien on the facility, or may by agree-
ment with the owner, obtain from the owner a lien 
on any other property or other assurance of payment 
satisfactory to the Administrator, for the unre-
covered response costs. 
‘‘(3) CONDITIONS.—The conditions referred to 
in paragraph (2) are the following: 
‘‘(A) RESPONSE ACTION.—A response ac-
tion for which there are unrecovered costs of 
the United States is carried out at the facility. 
‘‘(B) FAIR MARKET VALUE.—The response 
action increases the fair market value of the fa-
cility above the fair market value of the facility 
that existed before the response action was ini-
tiated. 
‘‘(4) AMOUNT; DURATION.—A lien under para-
graph (2)— 
‘‘(A) shall be in an amount not to exceed 
the increase in fair market value of the prop-
erty attributable to the response action at the 
time of a sale or other disposition of the prop-
erty; 
‘‘(B) shall arise at the time at which costs 
are first incurred by the United States with re-
spect to a response action at the facility; 
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‘‘(C) shall be subject to the requirements 
of subsection (l)(3); and 
‘‘(D) shall continue until the earlier of— 
‘‘(i) satisfaction of the lien by sale or 
other means; or 
‘‘(ii) notwithstanding any statute of 
limitations under section 113, recovery of 
all response costs incurred at the facility.’’. 
SEC. 223. INNOCENT LANDOWNERS. 
Section 101(35) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601(35)) is amended— 
(1) in subparagraph (A)— 
(A) in the first sentence, in the matter pre-
ceding clause (i), by striking ‘‘deeds or’’ and in-
serting ‘‘deeds, easements, leases, or’’; and 
(B) in the second sentence— 
(i) by striking ‘‘he’’ and inserting ‘‘the 
defendant’’; and 
(ii) by striking the period at the end 
and inserting ‘‘, provides full cooperation, 
assistance, and facility access to the per-
sons that are authorized to conduct re-
sponse actions at the facility (including the 
cooperation and access necessary for the 
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installation, integrity, operation, and main-
tenance of any complete or partial re-
sponse action at the facility), is in compli-
ance with any land use restrictions estab-
lished or relied on in connection with the 
response action at a facility, and does not 
impede the effectiveness or integrity of any 
institutional control employed at the facil-
ity in connection with a response action.’’; 
and 
(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) REASON TO KNOW.— 
‘‘(i) ALL APPROPRIATE INQUIRIES.— 
To establish that the defendant had no 
reason to know of the matter described in 
subparagraph (A)(i), the defendant must 
demonstrate to a court that— 
‘‘(I) on or before the date on 
which the defendant acquired the fa-
cility, the defendant carried out all 
appropriate inquiries, as provided in 
clauses (ii) and (iv), into the previous 
ownership and uses of the facility in 
accordance with generally accepted 
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hsrobinson on PROD1PC72 with BILLS
good 
commercial 
and 
customary 
standards and practices; and 
‘‘(II) the defendant took reason-
able steps to— 
‘‘(aa) stop any continuing 
release; 
‘‘(bb) prevent any threat-
ened future release; and 
‘‘(cc) prevent or limit any 
human, environmental, or natural 
resource exposure to any pre-
viously released hazardous sub-
stance. 
‘‘(ii) STANDARDS AND PRACTICES.— 
Not later than 2 years after the date of en-
actment of the Brownfields Revitalization 
and Environmental Restoration Act of 
2001, the Administrator shall by regula-
tion establish standards and practices for 
the purpose of satisfying the requirement 
to carry out all appropriate inquiries under 
clause (i). 
‘‘(iii) 
CRITERIA.—In 
promulgating 
regulations that establish the standards 
and practices referred to in clause (ii), the 
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Administrator shall include each of the fol-
lowing: 
‘‘(I) The results of an inquiry by 
an environmental professional. 
‘‘(II) Interviews with past and 
present owners, operators, and occu-
pants of the facility for the purpose of 
gathering information regarding the 
potential for contamination at the fa-
cility. 
‘‘(III) 
Reviews 
of 
historical 
sources, such as chain of title docu-
ments, aerial photographs, building 
department records, and land use 
records, to determine previous uses 
and occupancies of the real property 
since the property was first developed. 
‘‘(IV) Searches for recorded envi-
ronmental cleanup liens against the 
facility that are filed under Federal, 
State, or local law. 
‘‘(V) Reviews of Federal, State, 
and local government records, waste 
disposal records, underground storage 
tank records, and hazardous waste 
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handling, generation, treatment, dis-
posal, and spill records, concerning 
contamination at or near the facility. 
‘‘(VI) Visual inspections of the 
facility and of adjoining properties. 
‘‘(VII) Specialized knowledge or 
experience on the part of the defend-
ant. 
‘‘(VIII) The relationship of the 
purchase price to the value of the 
property, if the property was not con-
taminated. 
‘‘(IX) Commonly known or rea-
sonably 
ascertainable 
information 
about the property. 
‘‘(X) The degree of obviousness 
of the presence or likely presence of 
contamination at the property, and 
the ability to detect the contamination 
by appropriate investigation. 
‘‘(iv) INTERIM STANDARDS AND PRAC-
TICES.— 
‘‘(I) PROPERTY PURCHASED BE-
FORE MAY 31, 1997.—With respect to 
property purchased before May 31, 
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1997, in making a determination with 
respect to a defendant described of 
clause (i), a court shall take into ac-
count— 
‘‘(aa) any specialized knowl-
edge or experience on the part of 
the defendant; 
‘‘(bb) the relationship of the 
purchase price to the value of the 
property, if the property was not 
contaminated; 
‘‘(cc) commonly known or 
reasonably ascertainable informa-
tion about the property; 
‘‘(dd) the obviousness of the 
presence or likely presence of 
contamination at the property; 
and 
‘‘(ee) the ability of the de-
fendant to detect the contamina-
tion by appropriate inspection. 
‘‘(II) PROPERTY PURCHASED ON 
OR
AFTER
MAY
31, 1997.—With re-
spect to property purchased on or 
after May 31, 1997, and until the Ad-
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ministrator promulgates the regula-
tions described in clause (ii), the pro-
cedures of the American Society for 
Testing and Materials, including the 
document 
known 
as 
‘Standard 
E1527–97’, entitled ‘Standard Prac-
tice for Environmental Site Assess-
ment: Phase 1 Environmental Site 
Assessment Process’, shall satisfy the 
requirements in clause (i). 
‘‘(v) SITE
INSPECTION
AND
TITLE 
SEARCH.—In the case of property for resi-
dential use or other similar use purchased 
by a nongovernmental or noncommercial 
entity, a facility inspection and title search 
that reveal no basis for further investiga-
tion shall be considered to satisfy the re-
quirements of this subparagraph.’’. 
Subtitle C—State Response 
Programs 
SEC. 231. STATE RESPONSE PROGRAMS. 
(a) DEFINITIONS.—Section 101 of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601) (as amended by this 
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Act) is further amended by adding at the end the fol-
lowing: 
‘‘(41) ELIGIBLE RESPONSE SITE.— 
‘‘(A) IN GENERAL.—The term ‘eligible re-
sponse site’ means a site that meets the defini-
tion of a brownfield site in subparagraphs (A) 
and (B) of paragraph (39), as modified by sub-
paragraphs (B) and (C) of this paragraph. 
‘‘(B) INCLUSIONS.—The term ‘eligible re-
sponse site’ includes— 
‘‘(i) 
notwithstanding 
paragraph 
(39)(B)(ix), a portion of a facility, for 
which portion assistance for response activ-
ity has been obtained under subtitle I of 
the Solid Waste Disposal Act (42 U.S.C. 
6991 et seq.) from the Leaking Under-
ground Storage Tank Trust Fund estab-
lished under section 9508 of the Internal 
Revenue Code of 1986; or 
‘‘(ii) a site for which, notwithstanding 
the exclusions provided in subparagraph 
(C) or paragraph (39)(B), the President 
determines, on a site-by-site basis and 
after consultation with the State, that limi-
tations on enforcement under section 129 
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at sites specified in clause (iv), (v), (vi) or 
(viii) of paragraph (39)(B) would be ap-
propriate and will— 
‘‘(I) protect human health and 
the environment; and 
‘‘(II) promote economic develop-
ment or facilitate the creation of, 
preservation of, or addition to a park, 
a greenway, undeveloped property, 
recreational property, or other prop-
erty used for nonprofit purposes. 
‘‘(C) EXCLUSIONS.—The term ‘eligible re-
sponse site’ does not include— 
‘‘(i) a facility for which the Presi-
dent— 
‘‘(I) conducts or has conducted a 
preliminary assessment or site inspec-
tion; and 
‘‘(II) after consultation with the 
State, determines or has determined 
that the site obtains a preliminary 
score sufficient for possible listing on 
the National Priorities List, or that 
the site otherwise qualifies for listing 
on the National Priorities List; unless 
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the President has made a determina-
tion that no further Federal action will 
be taken; or 
‘‘(ii) facilities that the President de-
termines warrant particular consideration 
as identified by regulation, such as sites 
posing a threat to a sole-source drinking 
water aquifer or a sensitive ecosystem.’’. 
(b) STATE RESPONSE PROGRAMS.—Title I of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as 
amended by section 211(b) of this Act) is amended by 
adding at the end the following: 
‘‘SEC. 129. STATE RESPONSE PROGRAMS. 
‘‘(a) ASSISTANCE TO STATES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) STATES.—The Administrator may 
award a grant to a State or Indian tribe that— 
‘‘(i) has a response program that in-
cludes each of the elements, or is taking 
reasonable steps to include each of the ele-
ments, listed in paragraph (2); or 
‘‘(ii) is a party to a memorandum of 
agreement with the Administrator for vol-
untary response programs. 
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‘‘(B) USE OF GRANTS BY STATES.— 
‘‘(i) IN GENERAL.—A State or Indian 
tribe may use a grant under this sub-
section to establish or enhance the re-
sponse program of the State or Indian 
tribe. 
‘‘(ii) ADDITIONAL USES.—In addition 
to the uses under clause (i), a State or In-
dian tribe may use a grant under this sub-
section to— 
‘‘(I) capitalize a revolving loan 
fund for brownfield remediation under 
section 128(c); or 
‘‘(II) purchase insurance or de-
velop a risk sharing pool, an indem-
nity pool, or insurance mechanism to 
provide financing for response actions 
under a State response program. 
‘‘(2) ELEMENTS.—The elements of a State or 
Indian tribe response program referred to in para-
graph (1)(A)(i) are the following: 
‘‘(A) Timely survey and inventory of 
brownfield sites in the State. 
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‘‘(B) Oversight and enforcement authori-
ties or other mechanisms, and resources, that 
are adequate to ensure that— 
‘‘(i) a response action will— 
‘‘(I) protect human health and 
the environment; and 
‘‘(II) be conducted in accordance 
with applicable Federal and State law; 
and 
‘‘(ii) if the person conducting the re-
sponse action fails to complete the nec-
essary response activities, including oper-
ation and maintenance or long-term moni-
toring activities, the necessary response ac-
tivities are completed. 
‘‘(C) Mechanisms and resources to provide 
meaningful opportunities for public participa-
tion, including— 
‘‘(i) public access to documents that 
the State, Indian tribe, or party con-
ducting the cleanup is relying on or devel-
oping in making cleanup decisions or con-
ducting site activities; 
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‘‘(ii) prior notice and opportunity for 
comment on proposed cleanup plans and 
site activities; and 
‘‘(iii) a mechanism by which— 
‘‘(I) a person that is or may be 
affected by a release or threatened re-
lease of a hazardous substance, pollut-
ant, or contaminant at a brownfield 
site located in the community in which 
the person works or resides may re-
quest the conduct of a site assess-
ment; and 
‘‘(II) an appropriate State offi-
cial shall consider and appropriately 
respond to a request under subclause 
(I). 
‘‘(D) Mechanisms for approval of a clean-
up plan, and a requirement for verification by 
and certification or similar documentation from 
the State, an Indian tribe, or a licensed site 
professional to the person conducting a re-
sponse action indicating that the response is 
complete. 
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‘‘(3) FUNDING.—There is authorized to be ap-
propriated to carry out this subsection $50,000,000 
for each of fiscal years 2002 through 2006. 
‘‘(b) ENFORCEMENT IN CASES OF A RELEASE SUB-
JECT TO STATE PROGRAM.— 
‘‘(1) ENFORCEMENT.— 
‘‘(A) IN GENERAL.— Except as provided in 
subparagraph (B) and subject to subparagraph 
(C), in the case of an eligible response site at 
which— 
‘‘(i) there is a release or threatened 
release of a hazardous substance, pollut-
ant, or contaminant; and 
‘‘(ii) a person is conducting or has 
completed a response action regarding the 
specific release that is addressed by the re-
sponse action that is in compliance with 
the State program that specifically governs 
response actions for the protection of pub-
lic health and the environment; 
the President may not use authority under this 
Act to take an administrative or judicial en-
forcement action under section 106(a) or to 
take a judicial enforcement action to recover re-
sponse costs under section 107(a) against the 
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person regarding the specific release that is ad-
dressed by the response action. 
‘‘(B) EXCEPTIONS.—The President may 
bring an administrative or judicial enforcement 
action under this Act during or after completion 
of a response action described in subparagraph 
(A) with respect to a release or threatened re-
lease at an eligible response site described in 
that subparagraph if— 
‘‘(i) the State requests that the Presi-
dent provide assistance in the performance 
of a response action; 
‘‘(ii) the Administrator determines 
that contamination has migrated or will 
migrate across a State line, resulting in 
the need for further response action to 
protect human health or the environment, 
or the President determines that contami-
nation has migrated or is likely to migrate 
onto property subject to the jurisdiction, 
custody, or control of a department, agen-
cy, or instrumentality of the United States 
and may impact the authorized purposes of 
the Federal property; 
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‘‘(iii) after taking into consideration 
the response activities already taken, the 
Administrator determines that— 
‘‘(I) a release or threatened re-
lease may present an imminent and 
substantial endangerment to public 
health or welfare or the environment; 
and 
‘‘(II) additional response actions 
are likely to be necessary to address, 
prevent, limit, or mitigate the release 
or threatened release; or 
‘‘(iv) the Administrator, after con-
sultation with the State, determines that 
information, that on the earlier of the date 
on which cleanup was approved or com-
pleted, was not known by the State, as re-
corded in documents prepared or relied on 
in selecting or conducting the cleanup, has 
been discovered regarding the contamina-
tion or conditions at a facility such that 
the contamination or conditions at the fa-
cility present a threat requiring further re-
mediation to protect public health or wel-
fare or the environment. Consultation with 
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the State shall not limit the ability of the 
Administrator to make this determination. 
‘‘(C) PUBLIC RECORD.—The limitations on 
the authority of the President under subpara-
graph (A) apply only at sites in States that 
maintain, update not less than annually, and 
make available to the public a record of sites, 
by name and location, at which response actions 
have been completed in the previous year and 
are planned to be addressed under the State 
program that specifically governs response ac-
tions for the protection of public health and the 
environment in the upcoming year. The public 
record shall identify whether or not the site, on 
completion of the response action, will be suit-
able for unrestricted use and, if not, shall iden-
tify the institutional controls relied on in the 
remedy. Each State and tribe receiving finan-
cial assistance under subsection (a) shall main-
tain and make available to the public a record 
of sites as provided in this paragraph. 
‘‘(D) EPA NOTIFICATION.— 
‘‘(i) IN GENERAL.—In the case of an 
eligible response site at which there is a re-
lease or threatened release of a hazardous 
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substance, pollutant, or contaminant and 
for which the Administrator intends to 
carry out an action that may be barred 
under subparagraph (A), the Adminis-
trator shall— 
‘‘(I) notify the State of the action 
the Administrator intends to take; 
and 
‘‘(II)(aa) wait 48 hours for a 
reply from the State under clause (ii); 
or 
‘‘(bb) if the State fails to reply to 
the notification or if the Adminis-
trator makes a determination under 
clause (iii), take immediate action 
under that clause. 
‘‘(ii) STATE REPLY.—Not later than 
48 hours after a State receives notice from 
the Administrator under clause (i), the 
State shall notify the Administrator if— 
‘‘(I) the release at the eligible re-
sponse site is or has been subject to 
a cleanup conducted under a State 
program; and 
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‘‘(II) the State is planning to 
abate the release or threatened re-
lease, any actions that are planned. 
‘‘(iii) IMMEDIATE FEDERAL ACTION.— 
The Administrator may take action imme-
diately after giving notification under 
clause (i) without waiting for a State reply 
under clause (ii) if the Administrator de-
termines that 1 or more exceptions under 
subparagraph (B) are met. 
‘‘(E) REPORT
TO
CONGRESS.—Not later 
than 90 days after the date of initiation of any 
enforcement action by the President under 
clause (ii), (iii), or (iv) of subparagraph (B), 
the President shall submit to Congress a report 
describing the basis for the enforcement action, 
including specific references to the facts dem-
onstrating that enforcement action is permitted 
under subparagraph (B). 
‘‘(2) SAVINGS PROVISION.— 
‘‘(A) COSTS INCURRED PRIOR TO LIMITA-
TIONS.—Nothing in paragraph (1) precludes 
the President from seeking to recover costs in-
curred prior to the date of enactment of this 
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section or during a period in which the limita-
tions of paragraph (1)(A) were not applicable. 
‘‘(B) EFFECT ON AGREEMENTS BETWEEN 
STATES AND EPA.—Nothing in paragraph (1)— 
‘‘(i) modifies or otherwise affects a 
memorandum of agreement, memorandum 
of understanding, or any similar agreement 
relating to this Act between a State agency 
or an Indian tribe and the Administrator 
that is in effect on or before the date of 
enactment of this section (which agreement 
shall remain in effect, subject to the terms 
of the agreement); or 
‘‘(ii) limits the discretionary authority 
of the President to enter into or modify an 
agreement with a State, an Indian tribe, or 
any other person relating to the implemen-
tation by the President of statutory au-
thorities. 
‘‘(3) EFFECTIVE
DATE.—This subsection ap-
plies only to response actions conducted after Feb-
ruary 15, 2001. 
‘‘(c) EFFECT ON FEDERAL LAWS.—Nothing in this 
section affects any liability or response authority under 
any Federal law, including— 
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‘‘(1) this Act, except as provided in subsection 
(b); 
‘‘(2) the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.); 
‘‘(3) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.); 
‘‘(4) the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.); and 
‘‘(5) the Safe Drinking Water Act (42 U.S.C. 
300f et seq.).’’. 
SEC. 232. ADDITIONS TO NATIONAL PRIORITIES LIST. 
Section 105 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9605) is amended by adding at the end the fol-
lowing: 
‘‘(h) NPL DEFERRAL.— 
‘‘(1) DEFERRAL TO STATE VOLUNTARY CLEAN-
UPS.—At the request of a State and subject to para-
graphs (2) and (3), the President generally shall 
defer final listing of an eligible response site on the 
National Priorities List if the President determines 
that— 
‘‘(A) the State, or another party under an 
agreement with or order from the State, is con-
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‘‘(3) CLEANUP AGREEMENTS.—With respect to 
an eligible response site under paragraph (1)(B), if, 
after the last day of the 1-year period beginning on 
the date on which the President proposes to list the 
eligible response site on the National Priorities List, 
an agreement described in paragraph (1)(B) has not 
been reached, the President may defer the listing of 
the eligible response site on the National Priorities 
List for an additional period of not to exceed 180 
days if the President determines deferring the listing 
would be appropriate based on— 
‘‘(A) the complexity of the site; 
‘‘(B) substantial progress made in negotia-
tions; and 
‘‘(C) other appropriate factors, as deter-
mined by the President. 
‘‘(4) EXCEPTIONS.—The President may decline 
to defer, or elect to discontinue a deferral of, a list-
ing of an eligible response site on the National Pri-
orities List if the President determines that— 
‘‘(A) deferral would not be appropriate be-
cause the State, as an owner or operator or a 
significant contributor of hazardous substances 
to the facility, is a potentially responsible party; 
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‘‘(B) the criteria under the National Con-
tingency Plan for issuance of a health advisory 
have been met; or 
‘‘(C) the conditions in paragraphs (1) 
through (3), as applicable, are no longer being 
met.’’. 
Æ 
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