SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Brownfields Enhance-
ment, Economic Redevelopment, and Reauthorization Act 
of 2017’’. 
SEC. 
2. 
REDEVELOPMENT 
CERTAINTY 
FOR 
GOVERN-
MENTAL ENTITIES. 
Section 101(20)(D) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601(20)(D)) is amended by striking 
‘‘ownership or control’’ and all that follows through ‘‘by 
virtue’’ and inserting ‘‘ownership or control through sei-
zure or otherwise in connection with law enforcement ac-
tivity, or through bankruptcy, tax delinquency, abandon-
ment, or other circumstances in which the government ac-
quires title by virtue’’. 
SEC. 3. PETROLEUM BROWNFIELD ENHANCEMENT. 
Section 101(39)(D)(ii)(II) of the Comprehensive En-
vironmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601(39)(D)(ii)(II)) is amended by 
amending item (bb) to read as follows: 
‘‘(bb) is a site for which there is no 
viable responsible party and that is deter-
mined by the Administrator or the State, 
as appropriate, to be a site that will be as-
sessed, investigated, or cleaned up by a 
person that is not potentially liable for
cleaning up the site under this Act or any 
other law pertaining to the cleanup of pe-
troleum products; and’’. 
SEC. 4. CLARIFICATION OF LEASEHOLDER INTEREST. 
Section 101(40) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601(40)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘(or a tenant of a person) that acquires 
ownership of’’ and inserting ‘‘who acquires owner-
ship of, or a leasehold interest in,’’; 
(2) in subparagraph (A), by inserting ‘‘or the 
leasehold interest in the facility’’ before the period at 
the end; 
(3) in subparagraph (B)— 
(A) in clause (ii), by inserting ‘‘with re-
spect to a person who acquires ownership of a 
facility. The Administrator shall establish 
standards and practices with respect to a per-
son who acquires a leasehold interest in a facil-
ity’’ before the period at the end; and 
(B) in clause (iii), by inserting ‘‘, or acqui-
sition of a leasehold interest,’’ after ‘‘time of 
purchase’’;
(4) in subparagraph (H)(i)(II), by inserting ‘‘, 
by the instruments by which the leasehold interest in 
the facility is acquired after January 11, 2002,’’ 
after ‘‘financed’’; and 
(5) by adding at the end the following: 
‘‘(I) LEASEHOLDERS.—In the case of a 
person holding a leasehold interest in a facil-
ity— 
‘‘(i) the leasehold interest in the facil-
ity— 
‘‘(I) is for a term of not less than 
5 years; and 
‘‘(II) grants the person control 
of, and access to, the facility; and 
‘‘(ii) the person is responsible for the 
management of all hazardous substances 
at the facility.’’. 
SEC. 5. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANI-
ZATIONS. 
(a) NONPROFIT ORGANIZATIONS.—Section 104(k)(1) 
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 
9604(k)(1)) is amended— 
(1) in subparagraph (G), by striking ‘‘or’’ after 
the semicolon;
(2) in subparagraph (H), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(I) an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 
and exempt from taxation under section 501(a) 
of that Code; 
‘‘(J) a limited liability corporation in which 
all managing members are organizations de-
scribed in subparagraph (I) or limited liability 
corporations whose sole members are organiza-
tions described in subparagraph (I); 
‘‘(K) a limited partnership in which all 
general partners are organizations described in 
subparagraph (I) or limited liability corpora-
tions whose sole members are organizations de-
scribed in subparagraph (I); or 
‘‘(L) a qualified community development 
entity (as defined in section 45D(c)(1) of the 
Internal Revenue Code of 1986).’’. 
(b) CONFORMING AMENDMENTS.—Section 104(k) of 
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9604(k)) is 
amended— 
(1) in paragraph (3)—
(A) in subparagraph (A)(ii)— 
(i) by striking ‘‘or nonprofit organiza-
tions’’; and 
(ii) by striking ‘‘entity or organiza-
tion’’ and inserting ‘‘eligible entity’’; and 
(B) in subparagraph (B)(ii)— 
(i) by striking ‘‘or other nonprofit or-
ganization’’; and 
(ii) by striking ‘‘or nonprofit organiza-
tion’’; and 
(2) in paragraph (6)(A), by striking ‘‘or non-
profit organizations’’. 
SEC. 6. TREATMENT OF PUBLICLY OWNED BROWNFIELD 
SITES. 
Section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604) is amended— 
(1) in paragraph (2), by adding at the end the 
following: 
‘‘(C) EXEMPTION FOR CERTAIN PUBLICLY 
OWNED BROWNFIELD SITES.—Notwithstanding 
any other provision of law, an eligible entity de-
scribed in any of subparagraphs (A) through 
(H) of paragraph (1) may receive a grant under 
this paragraph for property acquired by that el-