I
105TH CONGRESS
1ST SESSION
H. R. 1120
To assist local governments in assessing and remediating brownfield sites,
to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to encourage State voluntary response pro-
grams for remediating such sites, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 19, 1997
Mr. DINGELL (for himself, Mr. GEPHARDT, Mr. OBERSTAR, Mr. BORSKI, Ms.
DEGETTE, Mr. MANTON, Mr. BROWN of Ohio, Mr. TOWNS, Mr. RUSH,
Mr. CLEMENT, Mr. CLYBURN, Mr. WAXMAN, Mr. MARKEY, Mr. MAS-
CARA, Mr. BOUCHER, Mrs. TAUSCHER, Mr. PASCRELL, Ms. FURSE, Mr.
DEUTSCH, Mr. BLUMENAUER, Ms. ESHOO, Mr. KLINK, Mr. STUPAK, Mr.
ENGEL, Mr. SAWYER, Mr. WYNN, Mr. GREEN, Ms. MCCARTHY of Mis-
souri, Mr. CONYERS, Ms. RIVERS, Ms. KILPATRICK, Mr. BARRETT of
Wisconsin, Ms. KAPTUR, Ms. DELAURO, Mr. OLVER, Mr. LIPINSKI, Mr.
DOYLE, Mr. DEFAZIO, Mr. JOHNSON of Wisconsin, Mr. MENENDEZ, Mr.
GORDON, Ms. BROWN
of Florida, Ms. NORTON, Mr. WISE, Ms.
MILLENDER-MCDONALD, Mrs. LOWEY, Mr. CUMMINGS, and Mr. RAN-
GEL) introduced the following bill; which was referred to the Committee
on Commerce, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To assist local governments in assessing and remediating
brownfield sites, to amend the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 to encourage State voluntary response programs
for remediating such sites, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Community Revitalization and Brownfield Cleanup Act
of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I—BROWNFIELD REMEDIATION AND ENVIRONMENTAL
CLEANUP
Sec. 101. Definitions.
Sec. 102. Inventory and assessment grant program.
Sec. 103. Grants for revolving loan programs.
Sec. 104. Economic redevelopment grants.
Sec. 105. Reports.
Sec. 106. Limitations on use of funds.
Sec. 107. Effect on other laws.
Sec. 108. Regulations.
Sec. 109. Authorizations of appropriations.
TITLE II—STATE VOLUNTARY RESPONSE PROGRAMS
Sec. 201. State voluntary response programs.
TITLE III—INNOCENT LANDOWNERS AND PROSPECTIVE
PURCHASER LIABILITY
Sec. 301. Innocent landowners.
Sec. 302. Limitations on liability for response costs for prospective purchasers.
Sec. 303. Contiguous or nearby properties.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Brownfields are parcels of land that contain
or contained abandoned or under-used commercial or
industrial facilities, the expansion or redevelopment
of which is complicated by the presence or potential
presence of hazardous substances, pollutants, or con-
taminants.
(2) Brownfields, which may number in the hun-
dreds of thousands nationwide, threaten the environ-
ment, devalue surrounding property, erode local tax
bases, and prevent job growth.
(3) Despite potentially great productive value,
prospective developers may avoid brownfields be-
cause of the uncertainty of cleanup and development
costs, which leads to construction on undeveloped so-
called greenfield sites, contributing to urban sprawl,
creating infrastructure problems, and reducing the
amount of open spaces.
(4) Cleanup and redevelopment of brownfields
would reduce environmental contamination, encour-
age job growth, and curb the development of green-
fields.
(5) State voluntary programs to address envi-
ronmental contamination, and addressing liability
concerns to encourage developers and current owners
to invest in brownfield sites, can be very effective in
promoting the cleanup and redevelopment of
brownfields.
TITLE I—BROWNFIELD REMEDI-
ATION AND ENVIRONMENTAL
CLEANUP
SEC. 101. DEFINITIONS.
In this title:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) BROWNFIELD SITE.—The term ‘‘brownfield
site’’ means a parcel of land that contains or con-
tained abandoned or under-used commercial or in-
dustrial facilities, the expansion or redevelopment of
which may be complicated by the presence or poten-
tial presence of hazardous substances, pollutants, or
contaminants.
(3) DISPOSAL.—The term ‘‘disposal’’ has the
meaning given the term in section 1004 of the Solid
Waste Disposal Act (42 U.S.C. 6903).
(4) ENVIRONMENT.—The term ‘‘environment’’
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601).
(5) ENVIRONMENTAL
CONTAMINATION.—The
term ‘‘environmental contamination’’ means the ex-
istence at a brownfield site of one or more hazardous
substances, pollutants, or contaminants that may
pose a threat to human health or the environment.
(6) FACILITY.—The term ‘‘facility’’ has the
meaning given the term in section 101 of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
(7) GRANT.—The term ‘‘grant’’ includes a co-
operative agreement.
(8) GROUND
WATER.—The term ‘‘ground
water’’ has the meaning given the term in section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(9) HAZARDOUS SUBSTANCE.—The term ‘‘haz-
ardous substance’’ has the meaning given the term
in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(10) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601).
(11) LOCAL
GOVERNMENT.—The term ‘‘local
government’’ has the meaning given the term ‘‘unit
of general local government’’ in the first sentence of
section 102(a)(1) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302(a)(1)),
except that the term includes an Indian tribe.
(12) NATURAL RESOURCES.—The term ‘‘natu-
ral resources’’ has the meaning given the term in
section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(13) OWNER OR OPERATOR.—The term ‘‘owner
or operator’’ has the meaning given the term in sec-
tion 101 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601).
(14) PERSON.—The term ‘‘person’’ has the
meaning given the term in section 101 of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
(15) POLLUTANT OR CONTAMINANT.—The term
‘‘pollutant or contaminant’’ has the meaning given
the term in section 101 of the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601).
(16) PROSPECTIVE
PURCHASER.—The term
‘‘prospective purchaser’’ has the meaning given the
term in section 107(p).
(17) RELEASE.—The term ‘‘release’’ has the
meaning given the term in section 101 of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
(18) RESPONSE ACTION.—The term ‘‘response
action’’ has the meaning given the term ‘‘response’’
in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(19) SITE ASSESSMENT.—
(A) IN GENERAL.—The term ‘‘site assess-
ment’’ means an investigation that determines
the nature and extent of a release or potential
release 
of 
a 
hazardous 
substance 
at 
a
brownfield site and meets the requirements of
subparagraph (B).
(B) INVESTIGATION.—For the purposes of
this paragraph, an investigation that meets the
requirements of this subparagraph—
(i) shall include—
(I) an onsite evaluation; and
(II) sufficient testing, sampling,
and other field-data-gathering activi-
ties to accurately determine whether
the brownfield site is contaminated
and the threats to human health and
the environment posed by the release
of hazardous substances, pollutants,
or contaminants at the brownfield
site; and
(ii) may include—
(I) review of such information re-
garding the brownfield site and pre-
vious uses as is available at the time
of the review; and
(II) an offsite evaluation, if ap-
propriate.
(20) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 101 of the Comprehen-
sive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
SEC. 102. INVENTORY AND ASSESSMENT GRANT PROGRAM.
(a) IN GENERAL.—The Administrator shall establish
a program to award grants to local governments to inven-
tory brownfield sites and to conduct site assessments of
brownfield sites.
(b) SCOPE OF PROGRAM.—
(1) GRANT AWARDS.—To carry out subsection
(a), the Administrator may, on approval of an appli-
cation, provide financial assistance to a local govern-
ment.
(2) GRANT APPLICATION.—An application for a
grant under this section shall include, to the extent
practicable, each of the following:
(A) An identification of the brownfield
sites for which assistance is sought and a de-
scription of the effect of the brownfield sites on
the community, including a description of the
nature and extent of any known or suspected
environmental contamination within the sites.
(B) A description of the need of the appli-
cant for financial assistance to inventory
brownfield sites and conduct site assessments.
(C) A demonstration of the potential of the
grant assistance to stimulate economic develop-
ment or creation of recreational areas, including
the extent to which the assistance will stimulate
the availability of other funds for site assess-
ment, site identification, or environmental re-
mediation and subsequent redevelopment of the
areas in which eligible brownfield sites are situ-
ated.
(D) A description of the local commitment
as of the date of the application, which shall in-
clude a community involvement plan that dem-
onstrates meaningful community involvement.
(E) A plan that shows how the site assess-
ment, site identification, or environmental re-
mediation and subsequent development will be
implemented, including—
(i) an environmental plan that ensures
the use of sound environmental procedures;
(ii) an explanation of the appropriate
government authority and support for the
project as in existence on the date of the
application;
(iii) proposed funding mechanisms for
any additional work; and
(iv) a proposed land ownership plan.
(F) A statement on the long-term benefits
and the sustainability of the proposed project
that includes—
(i) the ability of the project to be rep-
licated nationally and measures of success
of the project; and
(ii) to the extent known, the potential
of the plan for each area in which an eligi-
ble brownfield site is situated to stimulate
economic development of the area or cre-
ation of recreational areas on completion of
the environmental remediation.
(G) Such other factors as the Adminis-
trator considers relevant to carry out this title.
(3) APPROVAL OF APPLICATION.—
(A) IN GENERAL.—In making a decision
whether to approve an application under this
subsection, the Administrator shall—
(i) consider the need of the local gov-
ernment for financial assistance to carry
out this section;
(ii) consider the ability of the appli-
cant to carry out an inventory and site as-
sessment under this section; and
(iii) consider such other factors as the
Administrator considers relevant to carry
out this section.
(B) GRANT CONDITIONS.—As a condition
of awarding a grant under this section, the Ad-
ministrator—
(i) shall require the recipient of the
grant to notify the State in which the re-
cipient is located of the receipt of the
grant; and
(ii) may, on the basis of the criteria
considered under subparagraph (A), attach
such other conditions to the grant as the
Administrator determines appropriate.
(4) GRANT AMOUNT.—The amount of a grant
awarded to any local government under subsection
(a) for inventory and site assessment of one or more
brownfield sites shall not exceed $200,000.
(5) TERMINATION OF GRANTS.—If the Admin-
istrator determines that a local government that re-
ceives a grant under this subsection is in violation
of a condition of a grant referred to in paragraph
(3)(B), the Administrator may terminate the grant
made to the local government and require full or
partial repayment of the grant.
(6) 
AUTHORITY
TO
AWARD
GRANTS
TO
STATES.—The Administrator may award a grant to
a State under the program established under this
section if the Administrator determines that a grant
to the State is necessary in order to facilitate the re-
ceipt of funds by one or more local governments that
otherwise do not have the capabilities, such as per-
sonnel and other resources, to manage grants under
the program.
SEC. 103. GRANTS FOR REVOLVING LOAN PROGRAMS.
(a) IN GENERAL.—
(1) ESTABLISHMENT.—The Administrator shall
establish a program to award grants to be used by
local governments to capitalize revolving loan funds
for the cleanup of brownfield sites.
(2) LOANS.—The loans may be provided by the
local government to finance cleanups of brownfield
sites by the local government, or by an owner or a
prospective purchaser of a brownfield site (including
a local government) at which a cleanup is being con-
ducted or is proposed to be conducted.
(b) SCOPE OF PROGRAM.—
(1) IN GENERAL.—
(A) GRANTS.—In carrying out subsection
(a), the Administrator may award a grant to a
local government that submits an application to
the Administrator that is approved by the Ad-
ministrator.
(B) USE OF GRANT.—The grant shall be
used by the local government to capitalize a re-
volving loan fund to be used for cleanup of one
or more brownfield sites.
(C) GRANT APPLICATION.—An application
for a grant under this section shall be in such
form as the Administrator determines appro-
priate. At a minimum, the application shall in-
clude the following:
(i) Evidence that the grant applicant
has the financial controls and resources to
administer a revolving loan fund in accord-
ance with this title.
(ii) Provisions that—
(I) ensure that the grant appli-
cant has the ability to monitor the use
of funds provided to loan recipients
under this title;
(II) ensure that any cleanup con-
ducted by the applicant is protective
of human health and the environment;
and
(III) ensure that any cleanup
funded under this Act will comply
with all laws that apply to the clean-
up.
(iii) Identification of the criteria to be
used by the local government in providing
for loans under the program. The criteria
shall include the financial standing of the
applicants for the loans, the use to which
the loans will be put, the provisions to be
used to ensure repayment of the loan
funds, and the following:
(I) A complete description of the
financial standing of the applicant
that includes a description of the as-
sets, cash flow, and liabilities of the
applicant.
(II) A written statement that at-
tests that the cleanup of the site
would not occur without access to the
revolving loan fund.
(III) The proposed method, and
anticipated period of time required, to
clean up the environmental contami-
nation at the brownfield site.
(IV) An estimate of the proposed
total cost of the cleanup to be con-
ducted at the brownfield site.
(V) 
An 
analysis 
that 
dem-
onstrates 
the 
potential 
of 
the
brownfield site for stimulating eco-
nomic development or creation of rec-
reational areas on completion of the
cleanup of the brownfield site.
whether the government has received any grant
under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) to assess
brownfield sites, except that applicants who
have not previously received such a grant may
be considered for awards under this section;
(G) the experience of administering any
loan programs by the entity, including the loan
repayment rates;
(H) the demonstrations made regarding
the ability of the local government to ensure a
fair 
distribution 
of 
grant 
funds 
among
brownfield sites within the jurisdiction of the
local government; and
(I) such other factors as the Administrator
considers relevant to carry out this section.
(3) GRANT AMOUNT.—The amount of a grant
made to an applicant under this section shall not ex-
ceed $500,000.
(4) REVOLVING LOAN FUND APPROVAL.—Each
application for a grant to capitalize a revolving loan
fund under this section shall, as a condition of ap-
proval by the Administrator, include a written state-
ment by the local government that cleanups to be
funded under the loan program of the local govern-
ment shall be conducted under the auspices of, and
in compliance with, the State voluntary cleanup pro-
gram or State Superfund program or Federal au-
thority.
(c) GRANT AGREEMENTS.—Each grant under this
section for a revolving loan fund shall be made pursuant
to a grant agreement. At a minimum, the grant agreement
shall include provisions that ensure the following:
(1) COMPLIANCE WITH LAW.—The local govern-
ment will include in all loan agreements a require-
ment that the loan recipient shall comply with all
laws applicable to the cleanup and shall ensure that
the cleanup is protective of human health and the
environment.
(2) REPAYMENT.—The local government will
require repayment of the loan consistent with this
title.
(3) USE OF FUNDS.—The local government will
use the funds solely for purposes of establishing and
capitalizing a loan program in accordance with this
title and of cleaning up the environmental contami-
nation at the brownfield site or sites.
(4) REPAYMENT OF FUNDS.—The local govern-
ment will require in each loan agreement, and take
necessary steps to ensure, that the loan recipient will
use the loan funds solely for the purposes stated in
paragraph (3), and will require the return of any ex-
cess funds immediately on a determination by the
appropriate local official that the cleanup has been
completed.
(5) NONTRANSFERABILITY.—The funds will not
be transferable, unless the Administrator agrees to
the transfer in writing.
(6) LIENS.—
(A) DEFINITIONS.—In this paragraph, the
terms ‘‘security interest’’ and ‘‘purchaser’’ have
the meanings given the terms in section
6323(h) of the Internal Revenue Code of 1986.
(B) LIENS.—A lien in favor of the grant
recipient shall arise on the contaminated prop-
erty subject to a loan under this section.
(C) COVERAGE.—The lien shall cover all
real property included in the legal description of
the property at the time the loan agreement
provided for in this section is signed, and all
rights to the property, and shall continue until
the terms and conditions of the loan agreement
have been fully satisfied.
(D) TIMING.—The lien shall—
(i) arise at the time a security interest
is appropriately recorded in the real prop-
erty records of the appropriate office of the
State, county, or other governmental sub-
division, as designated by State law, in
which the real property subject to the lien
is located; and
(ii) be subject to the rights of any
purchaser, holder of a security interest, or
judgment lien creditor whose interest is or
has been perfected under applicable State
law before the notice has been filed in the
appropriate office of the State, county, or
other governmental subdivision, as des-
ignated by State law, in which the real
property subject to the lien is located.
(7) NOTICE TO STATE.—The local government
will notify the State in which the local government
is located of the receipt of the grant and of the iden-
tity of recipients of loans made under the revolving
loan fund.
(d) AUDITS.—
(1) IN
GENERAL.—The Inspector General of
the Environmental Protection Agency shall audit a
portion of the grants awarded under this section to
ensure that all funds are used for the purposes set
forth in this section.
(2) FUTURE GRANTS.—The result of the audit
shall be taken into account in awarding any future
grants to the local government.
(e) AUTHORITY TO AWARD GRANTS TO STATES.—
The Administrator may award a grant to a State under
the program established under this section at the request
of a local government in the State if the Administrator
determines that a grant to the State is necessary in order
to facilitate the receipt of funds by one or more local gov-
ernments that otherwise do not have the capabilities, such
as personnel and other resources, to manage grants under
the program.
SEC. 104. ECONOMIC REDEVELOPMENT GRANTS.
(a) EXPENDITURES
FROM
THE
SUPERFUND.—
Amounts in the Hazardous Substance Superfund estab-
lished by section 9507 of the Internal Revenue Code of
1986 shall be made available consistent with, and for the
purposes of carrying out, the grant programs established
under sections 102 and 103.
(b) AUTHORITY TO AWARD GRANTS.—There is au-
thorized to be appropriated from the Hazardous Sub-
stance Superfund for grants to local governments under
sections 102 and 103, $45,000,000 for each of fiscal years
1998 through 2000.
SEC. 105. REPORTS.
(a) IN GENERAL.—Not later than one year after the
date of enactment of this Act, and not later than January
31 of each of the 3 calendar years thereafter, the Adminis-
trator shall prepare and submit a report describing the
results of each program established under this title to—
(1) the Committees on Commerce and on
Transportation and Infrastructure of the House of
Representatives; and
(2) the Committee on Environment and Public
Works of the Senate.
(b) CONTENTS OF REPORT.—Each report shall, with
respect to each of the programs established under this
title, include a description of—
(1) the number of applications received by the
Administrator during the preceding calendar year;
(2) the number of applications approved by the
Administrator during the preceding calendar year;
and
(3) the allocation of assistance under sections
102 and 103 among the local governments.
SEC. 106. LIMITATIONS ON USE OF FUNDS.
(a) EXCLUDED FACILITIES.—(1) A grant for site in-
ventory and assessment under section 102 or to capitalize
a revolving loan fund under section 103 may not be used
for any activity involving—
(A) a facility or portion of a facility that is the
subject of a response action (including a facility or
portion of a facility with respect to which a record
of decision, other than a no-action record of deci-
sion, has been issued) under the Comprehensive En-
vironmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.), unless a pre-
liminary assessment, site investigation, or response
action has been completed at such facility or portion
of a facility and the President has decided not to
take further response action at such facility or por-
tion of a facility;
(B) a facility included, or proposed for inclu-
sion, on the National Priorities List maintained by
the President under the Comprehensive Environ-
mental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.);
(C) an NPL-caliber facility, as defined in para-
graph (2);
(D) a facility that is subject to corrective action
under section 3004(u) or 3008(h) of the Solid Waste
Disposal Act (42 U.S.C. 6924(u) or 6928(h)) to
which a corrective action permit or order has been
issued or modified to require the implementation of
corrective measures;
(E) any land disposal unit with respect to which
a closure notification under subtitle C of the Solid
Waste Disposal Act (42 U.S.C. 6921 et seq.) has
been submitted and closure requirements have been
specified in a closure plan or permit;
(F) a facility at which there has been a release
of a polychlorinated biphenyl and that is subject to
the Toxic Substances Control Act (15 U.S.C. 2601
et seq.);
(G) a facility with respect to which an adminis-
trative or judicial order or decree requiring cleanup
has been issued or entered into by the President
under—
(i) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
(ii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(iv) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.); or
(v) the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
(H) the portion of a facility at which assistance
for response activities may be obtained under sub-
title I of the Solid Waste Disposal Act (42 U.S.C.
6991 et seq.) from the Leaking Underground Stor-
age Tank Trust Fund established by section 9508 of
the Internal Revenue Code of 1986; and
(I) a facility owned or operated by a depart-
ment, agency, or instrumentality of the United
States, except for land held in trust by the United
States for an Indian tribe.
(2) For purposes of paragraph (1), the term ‘‘NPL-
caliber facility’’ means a facility for which the President,
in consultation with the State concerned, has prepared or
is preparing a hazardous ranking system scoring package
or that satisfies such other definition as the Administrator
may promulgate by regulation. The term does not include
a facility for which the President—
(A) has obtained a score under the hazardous
ranking system; and
(B) based on that score, has made a determina-
tion not to list on the National Priorities List.
(3) Notwithstanding paragraph (1), the President
may, on a facility-by-facility basis, allow a grant under
section 102 or section 103 to be used for an activity in-
volving any facility listed in subparagraph (D), (E), (F),
(G)(ii), (G)(iii), (G)(iv), (G)(v), (H), or (I) of paragraph
(1). In the case of a facility listed in subparagraph (I),
the President may use the authority in the preceding sen-
tence only if the facility is not a facility described in sub-
paragraph (A), (B), (C), or (G)(i).
(b) FINES
AND COST-SHARING.—A grant made
under this title may not be used to pay any fine or penalty
owed to a State or the Federal Government, or to meet
any Federal cost-sharing requirement.
(c) OTHER LIMITATIONS.—
(1) IN GENERAL.—Funds made available to a
local government under the grant programs estab-
lished under section 102 shall be used only to inven-
tory and assess brownfield sites as authorized by
this title. Funds made available to a local govern-
ment under the grant programs established under
section 103 shall be used only for capitalizing a re-
volving loan fund as authorized by this title.
(2) RESPONSIBILITY FOR CLEANUP ACTION.—
Funds made available under this title may not be
used to relieve a local government of the commit-
ment or responsibilities of the local government
under State law to assist or carry out cleanup ac-
tions at brownfield sites.
SEC. 107. EFFECT ON OTHER LAWS.
Nothing in this title changes, modifies, or otherwise
affects the liability of any person or the obligations im-
posed or authorities provided under any other law or regu-
lation, including—
(1) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.);
(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. 108. REGULATIONS.
(a) IN GENERAL.—The Administrator may issue
such regulations as are necessary to carry out this title.
(b) PROCEDURES AND STANDARDS.—The regulations
shall include such procedures and standards as the Admin-
istrator considers necessary, including procedures and
standards for evaluating an application for a grant or loan
submitted under this title.
SEC. 109. AUTHORIZATIONS OF APPROPRIATIONS.
(a) SITE ASSESSMENT PROGRAM.—There is author-
ized to be appropriated to carry out section 102
$15,000,000 for each of fiscal years 1998 through 2000.
(b) ECONOMIC REDEVELOPMENT ASSISTANCE PRO-
GRAM.—There is authorized to be appropriated to carry
out section 103 $30,000,000 for each of fiscal years 1998
through 2000.
(c) AVAILABILITY OF FUNDS.—The amounts appro-
priated under this section shall remain available until ex-
pended.
TITLE II—STATE VOLUNTARY
RESPONSE PROGRAMS
SEC. 201. STATE VOLUNTARY RESPONSE PROGRAMS.
Title I of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 127. STATE VOLUNTARY RESPONSE PROGRAMS.
‘‘(a) PURPOSES
AND OBJECTIVES.—The purposes
and objectives of this section are—
‘‘(1) to significantly increase the pace of re-
sponse activities at contaminated sites by promoting
and encouraging the creation, development, and en-
hancement of State voluntary response programs;
and
‘‘(2) to benefit the public health, welfare, and
the environment by cleaning up and returning con-
taminated sites to economically productive or other
beneficial uses.
‘‘(b) ASSISTANCE TO STATES.—The Administrator
shall provide technical, financial, and other assistance to
States to establish and enhance voluntary response pro-
grams. The Administrator shall encourage the States to
develop risk sharing pools, indemnity pools, or insurance
mechanisms to provide financing for response actions
under their voluntary response programs.
‘‘(c) LIMITATION ON FEDERAL AUTHORITY TO LIST
ON NATIONAL PRIORITIES LIST.—Except as provided in
subsection (e), the President shall not list on the National
Priorities List the portion of a facility subject to a re-
sponse action plan approved under a State program quali-
fied under subsection (i)—
‘‘(1) while substantial and continuous voluntary
response activities are being conducted in compliance
with the plan at that portion of the facility; or
‘‘(2) after response activities conducted in com-
pliance with the plan at that portion of the facility
have been certified by the State as complete.
‘‘(d) LIMITATION ON FEDERAL AUTHORITY TO RE-
COVER COSTS.—(1) Except as provided in subsection (e),
if substantial and continuous voluntary response activities
are being conducted at a voluntary response action site
in compliance with a response action plan approved under
a State program qualified under subsection (i) or if re-
sponse activities conducted at such a site in compliance
with the plan have been certified by the State as complete,
then no person shall be liable to the Administrator under
section 107(a) for response costs incurred with respect to
a release or substantial threat of release of a hazardous
substance addressed by the response action plan unless
one or more of the following conditions is met:
‘‘(A) The Administrator determines that the re-
lease or threat of release may present an imminent
and substantial danger to the public health or wel-
fare or the environment.
‘‘(B) The State requests the Administrator to
take action.
‘‘(C) Conditions at the site that were unknown
to the State at the time the response action plan
was approved by the State are discovered, and such
conditions indicate, as determined by the Adminis-
trator or the State, that the response action is not
protective of human health or the environment.
‘‘(D) The cleanup of the site under the response
action plan of the State program is no longer protec-
tive of human health or the environment, as deter-
mined by the Administrator or the State, because of
a change or a proposed change in the use of the site.
‘‘(2) For purposes of this subsection, the term ‘vol-
untary response action site’ means a site subject to a re-
sponse action plan under a State program qualified under
subsection (i).
‘‘(3) Nothing in this subsection shall preclude the Ad-
ministrator from recovering costs incurred by the Admin-
istrator at a site before State approval of a response action
plan for that site.
‘‘(e) FACILITIES INELIGIBLE FOR LIMITATIONS.—(1)
The limitations on Federal authority provided under sub-
sections (c) and (d) do not apply to any of the following
facilities:
‘‘(A) A facility or portion of a facility that is
the subject of a response action (including a facility
or portion of a facility with respect to which a record
of decision, other than a no-action record of deci-
sion, has been issued) under this Act, unless a pre-
‘‘(G) A facility with respect to which an admin-
istrative or judicial order or decree requiring cleanup
has been issued or entered into by the President
under—
‘‘(i) this Act;
‘‘(ii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
‘‘(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
‘‘(iv) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.); or
‘‘(v) the Safe Drinking Water Act (42
U.S.C. 300f et seq.).
‘‘(H) The portion of a facility at which assist-
ance for response activities may be 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 by section
9508 of the Internal Revenue Code of 1986.
‘‘(I) A facility owned or operated by a depart-
ment, agency, or instrumentality of the United
States, except for land held in trust by the United
States for an Indian tribe.
‘‘(2) For purposes of paragraph (1), the term ‘NPL-
caliber facility’ means a facility for which the President,
in consultation with the State concerned, has prepared or
is preparing a hazardous ranking system scoring package
or that satisfies such other definition as the Administrator
may promulgate by regulation. The term does not include
a facility for which the President—
‘‘(A) has obtained a score under the hazardous
ranking system; and
‘‘(B) based on that score, has made a deter-
mination not to list on the National Priorities List.
‘‘(3) Notwithstanding paragraph (1), the President
may, on a facility-by-facility basis and pursuant to an
agreement with the State concerned, apply the limitations
on authority provided under subsections (c) and (d) to any
facility listed in subparagraph (D), (E), (F), (G)(ii),
(G)(iii), (G)(iv), (G)(v), (H), or (I) of paragraph (1). In
the case of a facility listed in subparagraph (I), the Presi-
dent may use the authority in the preceding sentence only
if the facility is not a facility described in subparagraph
(A), (B), (C), or (G)(i).
‘‘(f) EPA ASSISTANCE TO STATES FOR STATE VOL-
UNTARY RESPONSE PROGRAMS.—The Administrator shall
assist States to establish and administer State voluntary
response programs that—
‘‘(1) provide voluntary response actions that en-
sure adequate site assessment and are protective of
human health and the environment;
‘‘(2) provide opportunities for technical assist-
ance (including grants) for voluntary response ac-
tions;
‘‘(3) provide meaningful opportunities for public
participation on issues that affect the community,
which shall include prior notice and opportunity for
comment in the selection of response actions and
which may include involvement of State and local
health officials during site assessment;
‘‘(4) provide streamlined procedures to ensure
expeditious voluntary response actions;
‘‘(5) provide adequate oversight, enforcement
authorities, resources, and practices—
‘‘(A) to ensure that voluntary response ac-
tions are protective of human health and the
environment, as provided in paragraph (1), and
are conducted in a timely manner in accordance
with a State-approved response action plan;
‘‘(B) to ensure completion of response ac-
tions if the person conducting the response ac-
tion fails or refuses to complete the necessary
response activities that are protective of human
health and the environment, including operation
and maintenance or long-term monitoring ac-
tivities;
‘‘(6) provide mechanisms for the approval of a
response action plan; and
‘‘(7) provide mechanisms for a certification or
similar documentation to the person who conducted
the response action indicating that the response is
complete.
‘‘(g) FINANCIAL ASSISTANCE
FOR DEVELOPMENT
AND ENHANCEMENT OF STATE VOLUNTARY RESPONSE
PROGRAMS AND REPORTING REQUIREMENT.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—In
each of the first 5 fiscal years commencing after the
date of enactment of this section, the sum of
$15,000,000 is authorized to be appropriated for as-
sistance to States to develop or enhance State vol-
untary response programs.
‘‘(2) PUBLIC RECORD.—To assist the Adminis-
trator in determining the needs of States for assist-
ance under this section, the Administrator shall en-
courage the States to maintain a public record of fa-
cilities, by name and location, that have been or are
planned to be addressed under a State voluntary re-
sponse program.
‘‘(3) REPORTING REQUIREMENT.—Each State
receiving financial assistance under this section shall
submit to the Administrator a report at the end of
each calendar year on the progress of its voluntary
response program, which shall include the following
information with respect to that calendar year:
‘‘(A) The number of sites, if any, under-
going voluntary cleanup, with the number of
sites in each stage of such cleanup set forth
separately.
‘‘(B) The number of sites, if any, entering
voluntary cleanup.
‘‘(C) The number of sites, if any, that re-
ceived a certification from the State indicating
that a response action is complete.
‘‘(h) EPA REVIEW OF STATE PROGRAMS.—At any
time after the date of enactment of this section, a State
may submit, for review by the Administrator, documenta-
tion that the State considers appropriate to describe a
State voluntary response program, together with a certifi-
cation that the program is consistent with the elements
set forth in subsection (f), and, if such program is devel-
oped by administrative action or regulation, documenta-
tion of public comment and State response to comment
on the adequacy of the State voluntary response program.
‘‘(i) QUALIFICATION OF STATE PROGRAM.—
‘‘(1) APPROVAL
OR
DISAPPROVAL.—(A) The
Administrator shall approve a State voluntary re-
sponse program submitted under subsection (h)
within 180 days after the Administrator receives
documentation and certification under subsection (h)
if the Administrator determines that the State’s sub-
mission is consistent with the elements set forth in
subsection (f). A program so approved by the Ad-
ministrator shall be considered a qualified program
under this Act.
‘‘(B) The Administrator shall publish in the
Federal Register the reasons for the approval or dis-
approval of any such program.
‘‘(C) If the Administrator needs additional in-
formation under subparagraph (A)(ii), the 180-day
time period referred to in subparagraph (A) shall be
extended until such date as the Administrator is sat-
isfied that enough additional information has been
obtained in order to make a determination.
‘‘(2) WITHDRAWAL OF QUALIFICATION.—When-
ever the Administrator determines that a State is
not administering and enforcing a qualified program
in accordance with subsection (f), the Administrator
shall notify the State in writing of such determina-
tion. If appropriate corrective action is not taken by
the State within 120 days after receipt of the notice,
the Administrator shall propose to withdraw ap-
proval of the program and publish a notice of such
proposed withdrawal in the Federal Register. The
Administrator shall not withdraw approval of any
such program unless the Administrator provides to
the State in writing and publishes in the Federal
Register the reasons for such withdrawal. If the
State subsequently completes the necessary correc-
tive measures as determined by the Administrator,
the Administrator shall reinstate the program as a
qualified program under this section.
‘‘(j) EFFECT OF RESPONSE.—Performance of a vol-
untary response action pursuant to this section shall not
constitute an admission of liability under any Federal,
State, or local law or regulation or in any citizens suit
or other private action.
‘‘(k) COMPLIANCE WITH NCP.—Solely for the pur-
pose of private cost recovery and contribution claims
under this Act, response actions conducted pursuant to
a qualified program shall be presumed to be consistent
with the National Contingency Plan.
‘‘(l) ANNUAL REPORTING.—
‘‘(1) REPORTS BY STATE.—Each State with a
qualified program under this section shall submit to
the Administrator a report at the end of each cal-
endar year on the status of its program. Each such
report shall include a statement regarding whether
the program continues to be consistent with the ele-
ments set forth in subsection (f).
‘‘(2) REPORT
BY
ADMINISTRATOR.—The Ad-
ministrator shall report, not later than two years
after the enactment of this section, and annually
thereafter, to the Congress on the status of State
voluntary response programs. The report shall in-
clude an analysis of whether qualified State vol-
untary response action programs continue to be con-
sistent with the elements set forth in subsection (f).
‘‘(m) EFFECT ON EXISTING STATE PROGRAMS.—
This section is not intended to impose any requirement
on any State voluntary response program, including a pro-
gram existing on or before the date of the enactment of
the Community Revitalization and Brownfield Cleanup
Act of 1997. A program shall not be considered to be a
qualified program under this Act unless the program is
approved in accordance with this section.
‘‘(n) EFFECT ON AGREEMENTS BETWEEN STATE
AND EPA.—This section is not intended to modify or oth-
erwise affect a memorandum of agreement, or a coopera-
tive agreement, relating to Superfund between a State
agency and the Environmental Protection Agency in effect
on or before the date of the enactment of the Community
Revitalization and Brownfield Cleanup Act of 1997. Such
an agreement shall remain in effect, subject to the terms
of the agreement. This section is not intended to restrict
or limit the President’s discretionary authority to enter
into or modify an agreement with a State or other person
relating to the President’s implementation of statutory au-
thorities.
‘‘(o) EFFECT ON OTHER LAWS.—Except as provided
in subsections (c) and (d), this section does not change,
modify, or otherwise affect the liability of any person or
the obligations imposed or authorities provided under any
law or regulation, including this Act, the Solid Waste Dis-
posal Act, the Clean Water Act, the Toxic Substances
Control Act, and title XIV of the Public Health Service
Act (the Safe Drinking Water Act).
‘‘(p) RELATIONSHIP TO INNOCENT LANDOWNER AND
PROSPECTIVE PURCHASER.—(1) The successful comple-
tion of a response action at a facility pursuant to a re-
sponse action plan approved under a qualified program
under this section shall be evidence to be considered for
purposes of section 107(o)(3)(B) and section 101(39)(D).
‘‘(2) Nothing in this section shall be construed to re-
quire any person to participate in a qualified voluntary
response program under this section or in any other vol-
untary response program in order to qualify as an inno-
cent landowner or bona fide prospective purchaser for pur-
poses of subsections (o) and (p) of section 107.’’.
TITLE 
III—INNOCENT 
LAND-
OWNERS AND PROSPECTIVE
PURCHASER LIABILITY
SEC. 301. INNOCENT LANDOWNERS.
(a) ENVIRONMENTAL SITE ASSESSMENT.—Section
107 of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9607) is
amended by adding at the end the following new sub-
section:
‘‘(o) INNOCENT LANDOWNERS.—
‘‘(1) CONDUCT
OF
ENVIRONMENTAL
ASSESS-
MENT.—A person who has acquired real property
shall have made all appropriate inquiry within the
meaning of subparagraph (B) of section 101(35) if
he establishes that, within 180 days prior to the
time of acquisition, an environmental site assess-
ment of the real property was conducted which
meets the requirements of paragraph (2).
‘‘(2) DEFINITION OF ENVIRONMENTAL SITE AS-
SESSMENT.—For purposes of this subsection, the
term ‘environmental site assessment’ means an as-
sessment conducted in accordance with the stand-
ards set forth in the American Society for Testing
and Materials (ASTM) Standard E1527–94, titled
‘Standard Practice for Environmental Site Assess-
ments: Phase I Environmental Site Assessment
Process’ or with alternative standards issued by rule
by the President or promulgated or developed by
others and designated by rule by the President. Be-
fore issuing or designating alternative standards, the
President shall first conduct a study of commercial
and industrial practices concerning environmental
site assessments in the transfer of real property in
the United States. Any such standards issued or
designated by the President shall also be deemed to
constitute commercially reasonable and generally ac-
cepted standards and practices for purposes of this
paragraph. In issuing or designating any such stand-
ards, the President shall consider requirements gov-
erning each of the following:
‘‘(A) Interviews of owners, operators, and
occupants of the property to determine informa-
tion regarding the potential for contamination.
‘‘(B) Review of historical sources as nec-
essary to determine previous uses and occupan-
cies of the property since the property was first
developed. For purposes of this subclause, the
term ‘historical sources’ means any of the fol-
lowing, if they are reasonably ascertainable: re-
corded chain of title documents regarding the
real property, including all deeds, easements,
leases, restrictions, and covenants, aerial photo-
graphs, fire insurance maps, property tax files,
USGS 7.5 minutes topographic maps, local
street directories, building department records,
zoning/land use records, and any other sources
that identify past uses and occupancies of the
property.
‘‘(C) Determination of the existence of re-
corded environmental cleanup liens against the
real property which have arisen pursuant to
Federal, State, or local statutes.
‘‘(D) Review of reasonably ascertainable
Federal, State, and local government records of
sites or facilities that are likely to cause or con-
tribute to contamination at the real property,
including, as appropriate, investigation reports
for such sites or facilities; records of activities
likely to cause or contribute to contamination at
the real property, including landfill and other
disposal location records, underground storage
tank records, hazardous waste handler and gen-
erator records and spill reporting records; and
such other reasonably ascertainable Federal,
State, and local government environmental
records which could reflect incidents or activi-
ties which are likely to cause or contribute to
contamination at the real property.
‘‘(E) A visual site inspection of the real
property and all facilities and improvements on
the real property and a visual inspection of im-
mediately adjacent properties, including an in-
vestigation of any hazardous substance use,
storage, treatment, and disposal practices on
the property.
‘‘(F) Any specialized knowledge or experi-
ence on the part of the landowner.
‘‘(G) The relationship of the purchase
price 
to 
the 
value 
of 
the 
property 
if
uncontaminated.
‘‘(H) Commonly known or reasonably as-
certainable information about the property.