H. R. 2869
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To provide certain relief for small businesses from liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, and to amend
such Act to promote the cleanup and reuse of brownfields, to provide financial
assistance for brownfields revitalization, to enhance State response programs,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Small Business Liability Relief
and Brownfields Revitalization Act’’.
TITLE I—SMALL BUSINESS LIABILITY
PROTECTION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Small Business Liability Protec-
tion Act’’.
SEC. 102. SMALL BUSINESS LIABILITY RELIEF.
(a) EXEMPTIONS.—Section 107 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is amended by adding at the end the following new
subsections:
‘‘(o) DE MICROMIS EXEMPTION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a person shall not be liable, with respect to response costs
at a facility on the National Priorities List, under this Act
if liability is based solely on paragraph (3) or (4) of subsection
(a), and the person, except as provided in paragraph (4) of
this subsection, can demonstrate that—
‘‘(A) the total amount of the material containing haz-
ardous substances that the person arranged for disposal
or treatment of, arranged with a transporter for transport
for disposal or treatment of, or accepted for transport for
disposal or treatment, at the facility was less than 110
gallons of liquid materials or less than 200 pounds of
solid materials (or such greater or lesser amounts as the
Administrator may determine by regulation); and
‘‘(B) all or part of the disposal, treatment, or transport
concerned occurred before April 1, 2001.
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply in a case
in which—
H. R. 2869—2
‘‘(A) the President determines that—
‘‘(i) the materials containing hazardous substances
referred to in paragraph (1) have contributed signifi-
cantly or could contribute significantly, either individ-
ually or in the aggregate, to the cost of the response
action or natural resource restoration with respect to
the facility; or
‘‘(ii) the person has failed to comply with an
information request or administrative subpoena issued
by the President under this Act or has impeded or
is impeding, through action or inaction, the perform-
ance of a response action or natural resource restora-
tion with respect to the facility; or
‘‘(B) a person has been convicted of a criminal violation
for the conduct to which the exemption would apply, and
that conviction has not been vitiated on appeal or other-
wise.
‘‘(3) NO JUDICIAL REVIEW.—A determination by the Presi-
dent under paragraph (2)(A) shall not be subject to judicial
review.
‘‘(4) 
NONGOVERNMENTAL
THIRD-PARTY
CONTRIBUTION
ACTIONS.—In the case of a contribution action, with respect
to response costs at a facility on the National Priorities List,
brought by a party, other than a Federal, State, or local govern-
ment, under this Act, the burden of proof shall be on the
party bringing the action to demonstrate that the conditions
described in paragraph (1)(A) and (B) of this subsection are
not met.
‘‘(p) MUNICIPAL SOLID WASTE EXEMPTION.—
‘‘(1) IN
GENERAL.—Except as provided in paragraph (2)
of this subsection, a person shall not be liable, with respect
to response costs at a facility on the National Priorities List,
under paragraph (3) of subsection (a) for municipal solid waste
disposed of at a facility if the person, except as provided in
paragraph (5) of this subsection, can demonstrate that the
person is—
‘‘(A) an owner, operator, or lessee of residential prop-
erty from which all of the person’s municipal solid waste
was generated with respect to the facility;
‘‘(B) a business entity (including a parent, subsidiary,
or affiliate of the entity) that, during its 3 taxable years
preceding the date of transmittal of written notification
from the President of its potential liability under this sec-
tion, employed on average not more than 100 full-time
individuals, or the equivalent thereof, and that is a small
business concern (within the meaning of the Small Business
Act (15 U.S.C. 631 et seq.)) from which was generated
all of the municipal solid waste attributable to the entity
with respect to the facility; or
‘‘(C) an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code that, during its taxable
year preceding the date of transmittal of written notifica-
tion from the President of its potential liability under this
section, employed not more than 100 paid individuals at
the location from which was generated all of the municipal
H. R. 2869—3
solid waste attributable to the organization with respect
to the facility.
For purposes of this subsection, the term ‘affiliate’ has the
meaning of that term provided in the definition of ‘small busi-
ness concern’ in regulations promulgated by the Small Business
Administration in accordance with the Small Business Act (15
U.S.C. 631 et seq.).
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply in a case
in which the President determines that—
‘‘(A) the municipal solid waste referred to in paragraph
(1) has contributed significantly or could contribute signifi-
cantly, either individually or in the aggregate, to the cost
of the response action or natural resource restoration with
respect to the facility;
‘‘(B) the person has failed to comply with an informa-
tion request or administrative subpoena issued by the
President under this Act; or
‘‘(C) the person has impeded or is impeding, through
action or inaction, the performance of a response action
or natural resource restoration with respect to the facility.
‘‘(3) NO JUDICIAL REVIEW.—A determination by the Presi-
dent 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 (including a single
or multifamily residence); and
‘‘(ii) generated by a commercial, industrial, or
institutional entity, to the extent that the waste
material—
‘‘(I) is essentially the same as waste normally
generated by a household;
‘‘(II) is collected and disposed of with other
municipal solid waste as part of normal municipal
solid waste collection services; and
‘‘(III) contains a relative quantity of hazardous
substances no greater than the relative quantity
of hazardous substances contained in waste mate-
rial generated by a typical single-family household.
‘‘(B) EXAMPLES.—Examples of municipal solid waste
under subparagraph (A) include food and yard waste,
paper, clothing, appliances, 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 resource recovery
facilities or municipal incinerators; or
‘‘(ii) waste material from manufacturing or proc-
essing operations (including pollution control oper-
ations) that is not essentially the same as waste nor-
mally generated by households.
‘‘(5) BURDEN OF PROOF.—In the case of an action, with
respect to response costs at a facility on the National Priorities
List, brought under section 107 or 113 by—
H. R. 2869—4
‘‘(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
exemption for entities and organizations described in para-
graph (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 cir-
cumstances described in paragraph (1)(A).
‘‘(7) COSTS AND FEES.—A nongovernmental entity that com-
mences, after the date of the enactment of this subsection,
a contribution action under this Act shall be liable to the
defendant for all reasonable 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 settlement under
this paragraph is that the potentially responsible party
is a person who demonstrates to the President an inability
or a limited 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 consideration of
the overall financial condition of the person and demon-
strable 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 information needed to determine the
ability of the person to pay response costs.
‘‘(D) ALTERNATIVE PAYMENT METHODS.—If the Presi-
dent determines that a person 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
SETTLE-
MENTS.—
‘‘(A) WAIVER OF CLAIMS.—The President shall require,
as a condition for settlement under this subsection, that
a potentially responsible party waive all of the claims
(including a claim for contribution under this Act) that
the party may have against other potentially responsible
parties for response costs incurred with respect to the
facility, unless the President determines that requiring
a waiver would be unjust.
H. R. 2869—5
‘‘(B) FAILURE TO COMPLY.—The President may decline
to offer a settlement to a potentially 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 administrative
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
INFORMATION
AND
ACCESS.—A potentially responsible party that enters into
a settlement under this subsection shall not be relieved
of the responsibility to provide any information or access
requested in accordance with subsection (e)(3)(B) or section
104(e).
‘‘(9) BASIS OF DETERMINATION.—If the President determines
that a potentially responsible party is not eligible for settlement
under this subsection, the President shall provide the reasons
for the determination in writing to the potentially responsible
party that requested a settlement under this subsection.
‘‘(10) NOTIFICATION.—As soon as practicable after receipt
of sufficient information to make a determination, the President
shall notify any person that the President determines is eligible
under paragraph (1) of the person’s eligibility for an expedited
settlement.
‘‘(11) NO JUDICIAL REVIEW.—A determination by the Presi-
dent under paragraph (7), (8), (9), or (10) shall not be subject
to judicial review.
‘‘(12) NOTICE OF SETTLEMENT.—After a settlement under
this subsection becomes final with respect to a facility, the
President shall promptly notify 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 judgment 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 REVITALIZA-
TION 
AND 
ENVIRONMENTAL 
RES-
TORATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Brownfields Revitalization 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 Com-
prehensive Environmental Response, Compensation, and Liability
H. R. 2869—6
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, redevelopment, or reuse of
which may be complicated 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 National Prior-
ities 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 action 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
implementation 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 department, 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 poly-
chlorinated biphenyls; and
‘‘(II) that is subject to remediation under the
Toxic Substances Control Act (15 U.S.C. 2601 et
seq.); or
‘‘(ix) a portion of a facility, for which portion, assist-
ance 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
H. R. 2869—7
Tank Trust Fund established under section 9508 of
the Internal Revenue 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 develop-
ment or enable the creation of, preservation of, or addition
to parks, greenways, undeveloped property, other rec-
reational property, or other property used for nonprofit
purposes.
‘‘(D) ADDITIONAL AREAS.—For the purposes 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 controlled substance
(as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
‘‘(II)(aa) is contaminated by petroleum or a petro-
leum product excluded from the definition of ‘hazardous
substance’ under section 101; and
‘‘(bb) is a site determined by the Administrator
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 respon-
sible party and which will be assessed, inves-
tigated, or cleaned up by a person that is not
potentially liable for cleaning up the site; and
‘‘(cc) is not subject to any order issued under sec-
tion 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 
Response, 
Compensation, 
and
Liability Act of 1980 (42 U.S.C. 9604) is amended by adding at
the end the following:
‘‘(k) BROWNFIELDS REVITALIZATION FUNDING.—
‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection,
the term ‘eligible entity’ means—
‘‘(A) a general purpose unit of local government;
‘‘(B) a land clearance authority or other quasi-govern-
mental 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 chartered or other-
wise sanctioned by a State;
‘‘(F) a State;
‘‘(G) an Indian Tribe other than in Alaska; or
‘‘(H) an Alaska Native Regional Corporation and an
Alaska Native Village Corporation as those terms are
defined in the Alaska Native Claims Settlement Act (43
H. R. 2869—8
U.S.C. 1601 and following) and the Metlakatla Indian
community.
‘‘(2) BROWNFIELD SITE CHARACTERIZATION AND ASSESSMENT
GRANT PROGRAM.—
‘‘(A) ESTABLISHMENT OF PROGRAM.—The Administrator
shall establish a program to—
‘‘(i) provide grants to inventory, characterize,
assess, and conduct planning related to brownfield sites
under subparagraph (B); and
‘‘(ii) 
perform 
targeted 
site 
assessments 
at
brownfield sites.
‘‘(B) ASSISTANCE
FOR
SITE
CHARACTERIZATION
AND
ASSESSMENT.—
‘‘(i) IN GENERAL.—On approval of an application
made by an eligible entity, the Administrator may
make a grant to the eligible entity to be used for
programs to inventory, characterize, assess, and con-
duct planning related to one 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 PRESIDENT.—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 organizations,
where warranted, as determined by the President
based on considerations under subparagraph (C), to
be used directly for remediation of one 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.
‘‘(B) LOANS AND GRANTS PROVIDED BY ELIGIBLE ENTI-
TIES.—An eligible entity that receives 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) one or more loans to an eligible entity, a site
owner, a site developer, or another person; or
‘‘(ii) one or more grants to an eligible entity or
other nonprofit organization, where warranted, as
determined by the eligible entity that is providing the
assistance, based on considerations under subpara-
graph (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 eligible 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, undeveloped property, recreational property,
or other property used for nonprofit purposes;
H. R. 2869—9
‘‘(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 remedi-
ation 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 infrastructure;
‘‘(iv) the benefit of promoting the long-term avail-
ability of funds from a revolving loan fund for
brownfield remediation; and
‘‘(v) such other similar factors as the Administrator
considers appropriate to consider for the purposes of
this subsection.
‘‘(D) TRANSITION.—Revolving loan funds that have been
established before the date of the enactment of this sub-
section may be used in accordance with this paragraph.
‘‘(4) GENERAL PROVISIONS.—
‘‘(A) MAXIMUM GRANT AMOUNT.—
‘‘(i) BROWNFIELD
SITE
CHARACTERIZATION
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 Administrator may waive
the $200,000 limitation 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 community-wide or site-by-site basis, not to exceed
$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 commu-
nities that are addressed by the revolving loan
fund;
‘‘(II) the demand for funding by eligible enti-
ties that have not previously 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 appropriate 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;
H. R. 2869—10
‘‘(II) a Federal cost-share requirement;
‘‘(III) an administrative cost;
‘‘(IV) a response cost at a brownfield site for
which the recipient of the grant or loan is poten-
tially liable 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 identification of the
extent of contamination;
‘‘(II) design and performance of a response
action; or
‘‘(III) monitoring of a natural resource.
‘‘(C) ASSISTANCE FOR DEVELOPMENT OF LOCAL GOVERN-
MENT SITE REMEDIATION PROGRAMS.—A local government
that receives a grant under this subsection may use not
to exceed 10 percent of the grant funds to develop and
implement a brownfields program that may include—
‘‘(i) monitoring the health of populations exposed
to one or more hazardous substances from a brownfield
site; and
‘‘(ii) monitoring and enforcement of any institu-
tional control used to prevent human exposure to any
hazardous substance from a brownfield site.
‘‘(D) INSURANCE.—A recipient of a grant or loan
awarded under paragraph (2) or (3) that performs a
characterization, 
assessment, 
or 
remediation 
of 
a
brownfield site may use a portion of the grant or loan
to purchase insurance for the characterization, assessment,
or remediation of that site.
‘‘(5) GRANT APPLICATIONS.—
‘‘(A) SUBMISSION.—
‘‘(i) IN GENERAL.—
‘‘(I) APPLICATION.—An eligible entity may
submit to the Administrator, through a regional
office of the Environmental Protection Agency and
in such form as the Administrator may require,
an application for a grant under this subsection
for one or more brownfield sites (including informa-
tion on the criteria used by the Administrator
to rank applications under subparagraph (C), to
the extent that the information is available).
‘‘(II) NCP REQUIREMENTS.—The Administrator
may include in any requirement for submission
of an application under subclause (I) a requirement
of the National Contingency Plan only to the extent
that the requirement is relevant and appropriate
to the program under this subsection.
‘‘(ii) 
COORDINATION.—The 
Administrator 
shall
coordinate with other Federal agencies to assist in
making eligible entities aware of other available Fed-
eral resources.
H. R. 2869—11
‘‘(iii) GUIDANCE.—The Administrator shall publish
guidance to assist eligible entities in applying for
grants under this subsection.
‘‘(B) APPROVAL.—The Administrator shall—
‘‘(i) at least annually, complete a review of applica-
tions for grants that are received from eligible entities
under this subsection; and
‘‘(ii) award grants under this subsection to eligible
entities that the Administrator determines have the
highest rankings under the ranking criteria established
under subparagraph (C).
‘‘(C) RANKING
CRITERIA.—The Administrator shall
establish a system for ranking grant applications received
under this paragraph that includes the following criteria:
‘‘(i) The extent to which a grant will stimulate
the availability of other funds for environmental
assessment or remediation, and subsequent reuse, of
an area in which one or more brownfield sites are
located.
‘‘(ii) The potential of the proposed project or the
development plan for an area in which one or more
brownfield sites are located to stimulate economic
development of the area on completion of the cleanup.
‘‘(iii) The extent to which a grant would address
or facilitate the identification and reduction of threats
to human health and the environment, including
threats in areas in which there is a greater-than-
normal incidence of diseases or conditions (including
cancer, asthma, or birth defects) that may be associated
with exposure to hazardous substances, pollutants, or
contaminants.
‘‘(iv) The extent to which a grant would facilitate
the use or reuse of existing infrastructure.
‘‘(v) The extent to which a grant would facilitate
the creation of, preservation of, or addition to a park,
a greenway, undeveloped property, recreational prop-
erty, or other property used for nonprofit purposes.
‘‘(vi) The extent to which a grant would meet the
needs of a community that has an inability to draw
on other sources of funding for environmental remedi-
ation and subsequent redevelopment of the area in
which a brownfield site is located because of the small
population or low income of the community.
‘‘(vii) The extent to which the applicant is eligible
for funding from other sources.
‘‘(viii) The extent to which a grant will further
the fair distribution of funding between urban and
nonurban areas.
‘‘(ix) The extent to which the grant provides for
involvement of the local community in the process of
making decisions relating to cleanup and future use
of a brownfield site.
‘‘(x) The extent to which a grant would address
or facilitate the identification and reduction of threats
to the health or welfare of children, pregnant women,
minority or low-income communities, or other sensitive
populations.
H. R. 2869—12
‘‘(6) IMPLEMENTATION OF BROWNFIELDS PROGRAMS.—
‘‘(A) ESTABLISHMENT OF PROGRAM.—The Administrator
may provide, or fund eligible entities or nonprofit organiza-
tions to provide, training, research, and technical assistance
to individuals and organizations, as appropriate, to facili-
tate the inventory of brownfield sites, site assessments,
remediation of brownfield sites, community involvement,
or site preparation.
‘‘(B) FUNDING RESTRICTIONS.—The total Federal funds
to be expended by the Administrator under this paragraph
shall not exceed 15 percent of the total amount appro-
priated to carry out this subsection in any fiscal year.
‘‘(7) AUDITS.—
‘‘(A) IN
GENERAL.—The Inspector General of the
Environmental Protection Agency shall conduct such
reviews or audits of grants and loans under this subsection
as the Inspector General considers necessary to carry out
this subsection.
‘‘(B) PROCEDURE.—An audit under this subparagraph
shall be conducted in accordance with the auditing proce-
dures of the General Accounting Office, including chapter
75 of title 31, United States Code.
‘‘(C) VIOLATIONS.—If the Administrator determines
that a person that receives a grant or loan under this
subsection has violated or is in violation of a condition
of the grant, loan, or applicable Federal law, the Adminis-
trator may—
‘‘(i) terminate the grant or loan;
‘‘(ii) require the person to repay any funds received;
and
‘‘(iii) seek any other legal remedies available to
the Administrator.
‘‘(D) REPORT TO CONGRESS.—Not later than 3 years
after the date of the enactment of this subsection, the
Inspector General of the Environmental Protection Agency
shall submit to Congress a report that provides a descrip-
tion of the management of the program (including a descrip-
tion of the allocation of funds under this subsection).
‘‘(8) LEVERAGING.—An eligible entity that receives a grant
under this subsection may use the grant funds for a portion
of a project at a brownfield site for which funding is received
from other sources if the grant funds are used only for the
purposes described in paragraph (2) or (3).
‘‘(9) AGREEMENTS.—Each grant or loan made under this
subsection shall—
‘‘(A) include a requirement of the National Contingency
Plan only to the extent that the requirement is relevant
and appropriate to the program under this subsection, as
determined by the Administrator; and
‘‘(B) be subject to an agreement that—
‘‘(i) 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;
H. R. 2869—13
‘‘(ii) requires that the recipient use the grant or
loan exclusively for purposes specified in paragraph
(2) or (3), as applicable;
‘‘(iii) in the case of an application by an eligible
entity under paragraph (3)(A), 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 percent, from non-Federal sources of
funding, unless the Administrator determines that the
matching share would place an undue hardship on
the eligible entity; and
‘‘(iv) contains such other terms and conditions as
the Administrator determines to be necessary to carry
out this subsection.
‘‘(10) 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 provision of Federal
law.
‘‘(11) EFFECT
ON
FEDERAL
LAWS.—Nothing in this sub-
section affects any liability or response authority under any
Federal law, including—
‘‘(A) this Act (including the last sentence of section
101(14));
‘‘(B) the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.);
‘‘(C) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
‘‘(D) the Toxic Substances Control Act (15 U.S.C. 2601
et seq.); and
‘‘(E) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
‘‘(12) FUNDING.—
‘‘(A) AUTHORIZATION
OF
APPROPRIATIONS.—There is
authorized to be appropriated to carry out this subsection
$200,000,000 for each of fiscal years 2002 through 2006.
‘‘(B) USE OF CERTAIN FUNDS.—Of the amount made
available under subparagraph (A), $50,000,000, or, if the
amount made available is less than $200,000,000, 25 per-
cent of the amount made available, shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II).’’.
Subtitle B—Brownfields Liability
Clarifications
SEC. 221. CONTIGUOUS PROPERTIES.
Section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is
amended by adding at the end the following:
‘‘(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
H. R. 2869—14
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 contamination if—
‘‘(i) the person did not cause, contribute, or consent
to the release or threatened release;
‘‘(ii) the person is not—
‘‘(I) potentially liable, or affiliated with any
other person that is potentially liable, for response
costs at a facility through any direct or indirect
familial relationship or any contractual, corporate,
or financial relationship (other than a contractual,
corporate, or financial relationship that is created
by a contract for the sale of goods or services);
or
‘‘(II) the result of a reorganization of a busi-
ness entity that was potentially liable;
‘‘(iii) the person takes reasonable steps to—
‘‘(I) stop any continuing release;
‘‘(II) prevent any threatened future release;
and
‘‘(III) prevent or limit human, environmental,
or natural resource exposure to any hazardous
substance released on or from property owned by
that person;
‘‘(iv) the person provides full cooperation, assist-
ance, and access to persons that are authorized to
conduct response actions or natural resource restora-
tion at the vessel or facility from which there has
been a release or threatened release (including the
cooperation and access necessary for the installation,
integrity, operation, and maintenance of any complete
or partial response action or natural resource restora-
tion at the vessel or facility);
‘‘(v) the person—
‘‘(I) is in compliance with any land use restric-
tions established or relied on in connection with
the response action at the facility; and
‘‘(II) does not impede the effectiveness or integ-
rity of any institutional control employed in
connection with a response action;
‘‘(vi) the person is in compliance with any request
for information or administrative subpoena issued by
the President under this Act;
‘‘(vii) the person provides all legally required
notices with respect to the discovery or release of any
hazardous substances at the facility; and
‘‘(viii) at the time at which the person acquired
the property, the person—
‘‘(I) conducted all appropriate inquiry within
the meaning of section 101(35)(B) with respect to
the property; and
‘‘(II) did not know or have reason to know
that the property was or could be contaminated
by a release or threatened release of one or more
hazardous substances from other real property not
owned or operated by the person.
H. R. 2869—15
‘‘(B) 
DEMONSTRATION.—To 
qualify 
as 
a 
person
described in subparagraph (A), a person must establish
by a preponderance of the evidence that the conditions
in clauses (i) through (viii) of subparagraph (A) have been
met.
‘‘(C) BONA FIDE PROSPECTIVE PURCHASER.—Any person
that does not qualify as a person described in this para-
graph because the person had, or had reason to have,
knowledge specified in subparagraph (A)(viii) at the time
of acquisition of the real property may qualify as a bona
fide prospective purchaser under section 101(40) if the per-
son is otherwise described in that section.
‘‘(D) GROUND
WATER.—With respect to a hazardous
substance from one 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 require the person to con-
duct ground water investigations or to install ground water
remediation systems, except in accordance with the policy
of the Environmental Protection Agency concerning owners
of property containing contaminated aquifers, dated May
24, 1995.
‘‘(2) EFFECT OF LAW.—With respect to a person described
in this subsection, nothing in this subsection—
‘‘(A) limits any defense to liability that may be avail-
able to the person under any other provision of law; or
‘‘(B) imposes liability on the person that is not other-
wise imposed by subsection (a).
‘‘(3) ASSURANCES.—The Administrator may—
‘‘(A) issue an assurance that no enforcement action
under this Act will be initiated against a person described
in paragraph (1); and
‘‘(B) grant a person described in paragraph (1) protec-
tion against a cost recovery or contribution action under
section 113(f).’’.
SEC. 222. PROSPECTIVE PURCHASERS AND WINDFALL LIENS.
(a) DEFINITION OF BONA FIDE PROSPECTIVE PURCHASER.—Sec-
tion 101 of the Comprehensive Environmental Response, Compensa-
tion, 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 ownership of a facility after the date
of the enactment of this paragraph and that establishes each
of the following by a preponderance of the evidence:
‘‘(A) DISPOSAL PRIOR TO ACQUISITION.—All disposal of
hazardous substances at the facility occurred before the
person acquired the facility.
‘‘(B) INQUIRIES.—
‘‘(i) IN GENERAL.—The person made all appropriate
inquiries into the previous ownership and uses of the
facility in accordance with generally accepted good
commercial and customary standards and practices in
accordance with clauses (ii) and (iii).
H. R. 2869—16
‘‘(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
requirements of this subparagraph.
‘‘(iii) RESIDENTIAL USE.—In the case of property
in residential or other similar use at the time of pur-
chase by a nongovernmental or noncommercial entity,
a facility inspection and title search that reveal 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 discovery or release of any
hazardous substances at the facility.
‘‘(D) CARE.—The person exercises appropriate care with
respect to hazardous substances found at the facility by
taking reasonable steps to—
‘‘(i) stop any continuing release;
‘‘(ii) prevent any threatened future release; and
‘‘(iii) prevent or limit human, environmental, or
natural resource exposure to any previously released
hazardous substance.
‘‘(E) COOPERATION, ASSISTANCE, AND ACCESS.—The per-
son provides full cooperation, assistance, and access to
persons that are authorized to conduct response actions
or natural resource restoration at a vessel or facility
(including the cooperation and access necessary for the
installation, integrity, operation, and maintenance of any
complete or partial response actions or natural resource
restoration at the vessel or facility).
‘‘(F) INSTITUTIONAL CONTROL.—The person—
‘‘(i) is in compliance with any land use restrictions
established or relied on in connection with the response
action at a vessel or facility; and
‘‘(ii) does not impede the effectiveness or integrity
of any institutional control employed at the vessel or
facility in connection 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 familial relationship;
or
‘‘(II) any contractual, corporate, or financial
relationship (other than a contractual, corporate,
or financial relationship that is created by the
instruments by which title to the facility is con-
veyed or financed or by a contract for the sale
of goods or services); or
‘‘(ii) the result of a reorganization of a business
entity that was potentially liable.’’.
(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:
H. R. 2869—17
‘‘(r) PROSPECTIVE PURCHASER AND WINDFALL LIEN.—
‘‘(1) LIMITATION ON LIABILITY.—Notwithstanding 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 facility shall not be liable as long as the bona fide prospec-
tive 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 described in paragraph (3) is met, the United
States shall have a lien on the facility, or may by agreement
with the owner, obtain from the owner a lien on any other
property or other assurance of payment satisfactory to the
Administrator, for the unrecovered response costs.
‘‘(3) CONDITIONS.—The conditions referred to in paragraph
(2) are the following:
‘‘(A) RESPONSE ACTION.—A response action 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 facility above the
fair market value of the facility that existed before the
response action was initiated.
‘‘(4) AMOUNT; DURATION.—A lien under paragraph (2)—
‘‘(A) shall be in an amount not to exceed the increase
in fair market value of the property attributable to the
response action at the time of a sale or other disposition
of the property;
‘‘(B) shall arise at the time at which costs are first
incurred by the United States with respect to a response
action at the facility;
‘‘(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 preceding clause
(i), by striking ‘‘deeds or’’ and inserting ‘‘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 persons that are authorized to conduct
H. R. 2869—18
response actions at the facility (including the coopera-
tion and access necessary for the installation, integrity,
operation, and maintenance of any complete or partial
response action at the facility), is in compliance with
any land use restrictions established 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 facility in connec-
tion with a response action.’’; and
(2) by striking subparagraph (B) and inserting the fol-
lowing:
‘‘(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 defend-
ant acquired the facility, 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 good commercial and customary stand-
ards and practices; and
‘‘(II) the defendant took reasonable steps to—
‘‘(aa) stop any continuing release;
‘‘(bb) 
prevent 
any 
threatened 
future
release; and
‘‘(cc) prevent or limit any human, environ-
mental, or natural resource exposure to any
previously released hazardous substance.
‘‘(ii) STANDARDS AND PRACTICES.—Not later than
2 years after the date of the enactment of the
Brownfields Revitalization and Environmental Restora-
tion Act of 2001, the Administrator shall by regulation
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 Administrator shall include each of the
following:
‘‘(I) The results of an inquiry by an environ-
mental professional.
‘‘(II) Interviews with past and present owners,
operators, and occupants of the facility for the
purpose of gathering information regarding the
potential for contamination at the facility.
‘‘(III) Reviews of historical sources, such as
chain of title documents, aerial photographs,
building department records, and land use records,
to determine previous uses and occupancies of the
real property since the property was first devel-
oped.
‘‘(IV) Searches for recorded environmental
cleanup liens against the facility that are filed
under Federal, State, or local law.
H. R. 2869—19
‘‘(V) Reviews of Federal, State, and local
government records, waste disposal records, under-
ground storage tank records, and hazardous waste
handling, generation, treatment, disposal, 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 defendant.
‘‘(VIII) The relationship of the purchase price
to the value of the property, if the property was
not contaminated.
‘‘(IX) 
Commonly 
known 
or 
reasonably
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 PRACTICES.—
‘‘(I) PROPERTY
PURCHASED
BEFORE
MAY
31,
1997.—With respect to property purchased before
May 31, 1997, in making a determination with
respect to a defendant described in clause (i), a
court shall take into account—
‘‘(aa) any specialized knowledge or experi-
ence 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 information about the property;
‘‘(dd) the obviousness of the presence or
likely presence of contamination at the prop-
erty; and
‘‘(ee) the ability of the defendant to detect
the contamination by appropriate inspection.
‘‘(II) PROPERTY PURCHASED ON OR AFTER MAY
31, 1997.—With respect to property purchased on
or after May 31, 1997, and until the Administrator
promulgates the regulations described in clause
(ii), the procedures of the American Society for
Testing and Materials, including the document
known as ‘Standard E1527–97’, entitled ‘Standard
Practice for Environmental Site Assessment: 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 residential use or other similar
use purchased by a nongovernmental or noncommercial
entity, a facility inspection and title search that reveal
no basis for further investigation shall be considered
to satisfy the requirements of this subparagraph.’’.
H. R. 2869—20
Subtitle C—State Response Programs
SEC. 231. STATE RESPONSE PROGRAMS.
(a) DEFINITIONS.—Section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601) (as amended by this Act) is further amended by
adding at the end the following:
‘‘(41) ELIGIBLE RESPONSE SITE.—
‘‘(A) IN
GENERAL.—The term ‘eligible response site’
means a site that meets the definition of a brownfield
site in subparagraphs (A) and (B) of paragraph (39), as
modified by subparagraphs (B) and (C) of this paragraph.
‘‘(B) INCLUSIONS.—The term ‘eligible response site’
includes—
‘‘(i) notwithstanding paragraph (39)(B)(ix), a por-
tion 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 Revenue Code of 1986; or
‘‘(ii) a site for which, notwithstanding the exclu-
sions provided in subparagraph (C) or paragraph
(39)(B), the President determines, on a site-by-site
basis and after consultation with the State, that limita-
tions on enforcement under section 128 at sites speci-
fied in clause (iv), (v), (vi) or (viii) of paragraph (39)(B)
would be appropriate and will—
‘‘(I) protect human health and the environ-
ment; and
‘‘(II) promote economic development or facili-
tate the creation of, preservation of, or addition
to a park, a greenway, undeveloped property, rec-
reational property, or other property used for non-
profit purposes.
‘‘(C) EXCLUSIONS.—The term ‘eligible response site’
does not include—
‘‘(i) a facility for which the President—
‘‘(I) conducts or has conducted a preliminary
assessment or site inspection; and
‘‘(II) after consultation with the State, deter-
mines or has determined that the site obtains a
preliminary score sufficient for possible listing on
the National Priorities List, or that the site other-
wise qualifies for listing on the National Priorities
List; unless the President has made a determina-
tion that no further Federal action will be taken;
or
‘‘(ii) facilities that the President determines war-
rant particular consideration as identified by regula-
tion, 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.) is amended by adding at the end the
following:
H. R. 2869—21
‘‘SEC. 128. 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 includes each
of the elements, or is taking reasonable steps to include
each of the elements, listed in paragraph (2); or
‘‘(ii) is a party to a memorandum of agreement
with the Administrator for voluntary response pro-
grams.
‘‘(B) USE OF GRANTS BY STATES.—
‘‘(i) IN
GENERAL.—A State or Indian tribe may
use a grant under this subsection to establish or
enhance the response program of the State or Indian
tribe.
‘‘(ii) ADDITIONAL
USES.—In addition to the uses
under clause (i), a State or Indian tribe may use a
grant under this subsection to—
‘‘(I) capitalize a revolving loan fund for
brownfield remediation under section 104(k)(3); or
‘‘(II) purchase insurance or develop a risk
sharing pool, an indemnity 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 paragraph (1)(A)(i) are the
following:
‘‘(A) Timely survey and inventory of brownfield sites
in the State.
‘‘(B) Oversight and enforcement authorities or other
mechanisms, and resources, that are adequate to ensure
that—
‘‘(i) a response action will—
‘‘(I) protect human health and the environ-
ment; and
‘‘(II) 
be 
conducted 
in 
accordance 
with
applicable Federal and State law; and
‘‘(ii) if the person conducting the response action
fails to complete the necessary response activities,
including operation and maintenance or long-term
monitoring activities, the necessary response activities
are completed.
‘‘(C) Mechanisms and resources to provide meaningful
opportunities for public participation, including—
‘‘(i) public access to documents that the State,
Indian tribe, or party conducting the cleanup is relying
on or developing in making cleanup decisions or con-
ducting site activities;
‘‘(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 release of a hazardous
substance, 
pollutant, 
or 
contaminant 
at 
a
brownfield site located in the community in which
H. R. 2869—22
the person works or resides may request the con-
duct of a site assessment; and
‘‘(II) an appropriate State official shall con-
sider and appropriately respond to a request under
subclause (I).
‘‘(D) Mechanisms for approval of a cleanup 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 response action
indicating that the response is complete.
‘‘(3) FUNDING.—There is authorized to be appropriated to
carry out this subsection $50,000,000 for each of fiscal years
2002 through 2006.
‘‘(b) ENFORCEMENT IN CASES OF A RELEASE SUBJECT 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, pollutant, or contaminant; and
‘‘(ii) a person is conducting or has completed a
response action regarding the specific release that is
addressed by the response action that is in compliance
with the State program that specifically governs
response actions for the protection of public health
and the environment,
the President may not use authority under this Act to
take an administrative or judicial enforcement action under
section 106(a) or to take a judicial enforcement action to
recover response costs under section 107(a) against the
person regarding the specific release that is addressed 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 release at an eligible response site described
in that subparagraph if—
‘‘(i) the State requests that the President provide
assistance in the performance of a response action;
‘‘(ii) the Administrator determines that contamina-
tion 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 Presi-
dent determines that contamination has migrated or
is likely to migrate onto property subject to the jurisdic-
tion, custody, or control of a department, agency, or
instrumentality of the United States and may impact
the authorized purposes of the Federal property;
‘‘(iii) after taking into consideration the response
activities already taken, the Administrator determines
that—
‘‘(I) a release or threatened release may
present 
an 
imminent 
and 
substantial
endangerment to public health or welfare or the
environment; and
H. R. 2869—23
‘‘(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 consultation 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 recorded in
documents prepared or relied on in selecting or con-
ducting the cleanup, has been discovered regarding
the contamination or conditions at a facility such that
the contamination or conditions at the facility present
a threat requiring further remediation to protect public
health or welfare or the environment. Consultation
with 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 subparagraph (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 actions 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 suitable for unrestricted
use and, if not, shall identify the institutional controls
relied on in the remedy. Each State and tribe receiving
financial assistance under subsection (a) shall maintain
and make available to the public a record of sites as pro-
vided in this paragraph.
‘‘(D) EPA NOTIFICATION.—
‘‘(i) IN
GENERAL.—In the case of an eligible
response site at which there is a release or threatened
release of a hazardous substance, pollutant, or contami-
nant and for which the Administrator intends to carry
out an action that may be barred under subparagraph
(A), the Administrator shall—
‘‘(I) notify the State of the action the Adminis-
trator 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 notifica-
tion or if the Administrator 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 response site
is or has been subject to a cleanup conducted under
a State program; and
‘‘(II) the State is planning to abate the release
or threatened release, any actions that are
planned.
‘‘(iii) IMMEDIATE FEDERAL ACTION.—The Adminis-
trator may take action immediately after giving
H. R. 2869—24
notification under clause (i) without waiting for a State
reply under clause (ii) if the Administrator determines
that one 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 demonstrating that enforce-
ment action is permitted under subparagraph (B).
‘‘(2) SAVINGS PROVISION.—
‘‘(A) COSTS INCURRED PRIOR TO LIMITATIONS.—Nothing
in paragraph (1) precludes the President from seeking to
recover costs incurred prior to the date of the enactment
of this section or during a period in which the limitations
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 the 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 Presi-
dent to enter into or modify an agreement with a
State, an Indian tribe, or any other person relating
to the implementation by the President of statutory
authorities.
‘‘(3) EFFECTIVE
DATE.—This subsection applies only to
response actions conducted after February 15, 2001.
‘‘(c) EFFECT ON FEDERAL LAWS.—Nothing in this section affects
any liability or response authority under any Federal law,
including—
‘‘(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 Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9605) is
amended by adding at the end the following:
‘‘(h) NPL DEFERRAL.—
‘‘(1) DEFERRAL
TO
STATE
VOLUNTARY
CLEANUPS.—At the
request of a State and subject to paragraphs (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 conducting a response
action at the eligible response site—
H. R. 2869—25
‘‘(i) in compliance with a State program that
specifically governs response actions for the protection
of public health and the environment; and
‘‘(ii) that will provide long-term protection of
human health and the environment; or
‘‘(B) the State is actively pursuing an agreement to
perform a response action described in subparagraph (A)
at the site with a person that the State has reason to
believe is capable of conducting a response action that
meets the requirements of subparagraph (A).
‘‘(2) PROGRESS TOWARD CLEANUP.—If, after the last day
of the 1-year period beginning on the date on which the Presi-
dent proposes to list an eligible response site on the National
Priorities List, the President determines that the State or other
party is not making reasonable progress toward completing
a response action at the eligible response site, the President
may list the eligible response site on the National Priorities
List.
‘‘(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 Presi-
dent 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 Presi-
dent determines deferring the listing would be appropriate
based on—
‘‘(A) the complexity of the site;
‘‘(B) substantial progress made in negotiations; and
‘‘(C) other appropriate factors, as determined by the
President.
‘‘(4) EXCEPTIONS.—The President may decline to defer, or
elect to discontinue a deferral of, a listing of an eligible response
site on the National Priorities List if the President determines
that—
‘‘(A) deferral would not be appropriate because the
State, as an owner or operator or a significant contributor
of hazardous substances to the facility, is a potentially
responsible party;
‘‘(B) the criteria under the National Contingency Plan
for issuance of a health advisory have been met; or
H. R. 2869—26
‘‘(C) the conditions in paragraphs (1) through (3), as
applicable, are no longer being met.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.