‘‘(iii) a facility that is the subject of
a unilateral administrative order, a court
order, an administrative order on consent,
or a judicial consent decree that has been
issued to or entered into by the parties
under that Act;
‘‘(iv) a facility that is the subject of a
unilateral administrative order, a court
order, an administrative order on consent,
or a 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—
‘‘(I) the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.);
‘‘(II) the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.);
‘‘(III) the Toxic Substances Con-
trol Act (15 U.S.C. 2601 et seq.); or
‘‘(IV) the Safe Drinking Water
Act (42 U.S.C. 300f et seq.);
‘‘(v) a facility—
‘‘(I) 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), 6928(h));
and
‘‘(II) to which a corrective action
permit or order has been issued or
modified to require the implementa-
tion of corrective measures;
‘‘(vi) a land disposal unit with respect
to which—
‘‘(I) a closure notification under
subtitle C of the Solid Waste Disposal
Act (42 U.S.C. 6921 et seq.) has been
submitted; and
‘‘(II) closure requirements have
been specified in a closure plan or
permit;
‘‘(vii) a facility that is subject to the
jurisdiction, custody, or control of a de-
partment, agency, or instrumentality of the
United States, except for land held in trust
by the United States for an Indian tribe;
‘‘(viii) a portion of a facility—
‘‘(I) at which there has been a
release of polychlorinated biphenyls;
and
‘‘(II) that is subject to remedi-
ation under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.);
or
‘‘(ix) a portion of a facility, for which
portion, assistance for response activity
has been obtained under subtitle I of the
Solid Waste Disposal Act (42 U.S.C. 6991
et seq.) from the Leaking Underground
Storage Tank Trust Fund established by
section 9508 of the Internal Revenue Code
of 1986.
‘‘(C) 
SITE-BY-SITE
INCLUSIONS.—The
term ‘brownfield site’ includes a site referred to
in clause (i), (iv), (v), (vi), (viii), or (ix) of sub-
paragraph (B), if, on a site-by-site basis, the
Secretary, in consultation with the Adminis-
trator of the Environmental Protection Agency,
determines that use of the financial assistance
at the site will—
‘‘(i) protect human health and the en-
vironment; and
‘‘(ii)(I) promote economic develop-
ment;
‘‘(II) enable the creation of, preserva-
tion of, or addition to parks, greenways,
undeveloped property, other recreational
property, or other property used for non-
profit purposes; or
‘‘(III) promote eco-industrial develop-
ment.
‘‘(D) ADDITIONAL INCLUSIONS.—The term
‘brownfield site’ includes a site that meets the
definition of ‘brownfield site’ under subpara-
graphs (A) through (C) that—
‘‘(i) is contaminated by a controlled
substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C.
802));
‘‘(ii)(I) is contaminated by petroleum
or a petroleum product excluded from the
definition of ‘hazardous substance’ under
section 101 of the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601);
‘‘(II) is a site determined by the Sec-
retary, in consultation with the Adminis-
trator of the Environmental Protection
Agency, to be—
‘‘(aa) of relatively low risk, as
compared with other petroleum-only
sites in the State in which the site is
located; and
‘‘(bb) a site for which there is no
viable responsible party and that will
be assessed, investigated, or cleaned
up by a person that is not potentially
liable for cleaning up the site; and
‘‘(III) is not subject to any order
issued under section 9003(h) of the Solid
Waste Disposal Act (42 U.S.C. 6991b(h));
or
‘‘(iii) is mine-scarred land.’’;
(3) by inserting after paragraph (3) (as redesig-
nated by paragraph (1)) the following:
‘‘(4) 
ECO-INDUSTRIAL
DEVELOPMENT.—The
term ‘eco-industrial development’ means develop-
ment conducted in a manner in which businesses co-
operate with each other and the local community to
efficiently share resources (such as information, ma-
terials, water, energy infrastructure, and natural
habitat) with the goals of—
‘‘(A) economic gains;
‘‘(B) improved environmental quality; and
‘‘(C) equitable enhancement of human re-
sources in businesses and local communities.’’;
and
(4) by adding at the end the following:
‘‘(13) UNUSED LAND.—The term ‘unused land’
means any publicly-owned or privately-owned un-
used, underused, or abandoned land that is not con-
tributing to the quality of life or economic well-being
of the community in which the land is located.’’.
SEC. 4. COORDINATION.
Section 103 of the Public Works and Economic De-
velopment Act of 1965 (42 U.S.C. 3132) is amended—
(1) by inserting ‘‘(a) COMPREHENSIVE ECO-
NOMIC DEVELOPMENT STRATEGIES.—’’ before ‘‘The
Secretary’’; and
(2) by adding at the end the following:
‘‘(b) BROWNFIELD SITE REDEVELOPMENT.—The
Secretary shall coordinate activities relating to the redevel-
opment of brownfield sites and the promotion of eco-indus-
trial development under this Act with other Federal agen-
cies, States, local governments, consortia of local govern-
ments, Indian tribes, nonprofit organizations, and public-
private partnerships.’’.
SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.
(a) IN GENERAL.—Title II of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3141 et
seq.) is amended—
(1) by redesignating sections 210 through 213
as sections 211 through 214, respectively; and
(2) by inserting after section 209 the following:
‘‘SEC. 210. GRANTS FOR BROWNFIELD SITE REDEVELOP-
MENT.
‘‘(a) IN GENERAL.—On the application of an eligible
recipient, the Secretary may make grants for projects to
alleviate or prevent conditions of excessive unemployment,
underemployment, blight, and infrastructure deterioration
associated with brownfield sites, including projects con-
sisting of—
‘‘(1) development of public facilities;
‘‘(2) development of public services;
‘‘(3) business development (including funding of
a revolving loan fund);
‘‘(4) planning;
‘‘(5) technical assistance; and
‘‘(6) training.
‘‘(b) CRITERIA FOR GRANTS.—The Secretary may
provide a grant for a project under this section only if—
‘‘(1) the Secretary determines that the project
will assist the area where the project is or will be lo-
cated to meet, directly or indirectly, a special need
arising from—
‘‘(A) a high level of unemployment or
underemployment, or a high proportion of low-
income households;
‘‘(B) the existence of blight and infrastruc-
ture deterioration;
‘‘(C) dislocations resulting from commer-
cial or industrial restructuring;
‘‘(D) outmigration and population loss, as
indicated by—
‘‘(i)(I) depletion of human capital (in-
cluding young, skilled, or educated popu-
lations);
‘‘(II) depletion of financial capital (in-
cluding firms and investment); or
‘‘(III) a shrinking tax base; and
‘‘(ii) resulting—
‘‘(I) fiscal pressure;
‘‘(II) restricted access to mar-
kets; and
‘‘(III) constrained local develop-
ment potential; or
‘‘(E) the closure or realignment of—
‘‘(i) a military or Department of En-
ergy installation; or
‘‘(ii) any other Federal facility; and
‘‘(2) except in the case of a project consisting
of planning or technical assistance—
‘‘(A) the Secretary has approved a com-
prehensive economic development strategy for
the area where the project is or will be located;
and
‘‘(B) the project is consistent with the
comprehensive economic development strategy.
‘‘(c) PARTICULAR COMMUNITY ASSISTANCE.—Assist-
ance under this section may include assistance provided
for activities identified by a community, the economy of
which is injured by the existence of 1 or more brownfield
sites, to assist the community in—
‘‘(1) revitalizing affected areas by—
‘‘(A) diversifying the economy of the com-
munity; or
‘‘(B) carrying out industrial or commercial
(including mixed use) redevelopment, or eco-in-
dustrial development, projects on brownfield
sites or sites adjacent to brownfield sites;
‘‘(2) carrying out development that conserves
environmental and agricultural resources by—
‘‘(A) reusing existing facilities and infra-
structure;
‘‘(B) reclaiming unused land and aban-
doned buildings; or
‘‘(C) promoting eco-industrial development,
and environmentally responsible development, of
brownfield sites; or
‘‘(3) carrying out a collaborative economic de-
velopment planning process, developed with broad-
based and diverse community participation, that ad-
dresses the economic repercussions and opportunities
posed by the existence of brownfield sites in an area.
‘‘(d) DIRECT EXPENDITURE OR REDISTRIBUTION BY
ELIGIBLE RECIPIENT.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
an eligible recipient of a grant under this section
may directly expend the grant funds or may redis-
tribute the funds to public and private entities in the
form of a grant, loan, loan guarantee, payment to
reduce interest on a loan guarantee, or other appro-
priate assistance.
‘‘(2) LIMITATION.—Under paragraph (1), an el-
igible recipient may not provide any grant to a pri-
vate for-profit entity.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents in section 1(b) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. prec. 3121) is
amended by striking the items relating to sections 210
through 213 and inserting the following:
‘‘Sec. 210. Grants for brownfield site redevelopment.
‘‘Sec. 211. Changed project circumstances.
‘‘Sec. 212. Use of funds in projects constructed under projected cost.
‘‘Sec. 213. Reports by recipients.
‘‘Sec. 214. Prohibition on use of funds for attorney’s and consultant’s fees.’’.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Title VII of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3231 et
seq.) is amended by adding at the end the following:
‘‘SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR
BROWNFIELD SITE REDEVELOPMENT.
‘‘(a) IN GENERAL.—In addition to amounts made
available under section 701, there is authorized to be ap-
propriated to carry out section 210 $60,000,000 for each
of fiscal years 2003 through 2007, to remain available
until expended.
‘‘(b) FEDERAL
SHARE.—Notwithstanding section
204, subject to section 205, the Federal share of the cost
of activities funded with amounts made available under
subsection (a) shall be not more than 75 percent.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents in section 1(b) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. prec. 3121) is
amended by adding at the end of the items relating to
title VII the following:
‘‘Sec. 704. Authorization of appropriations for brownfield site redevelopment.’’.
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