Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601).
(9) LOCAL
GOVERNMENT.—The term ‘‘local
government’’ means a political subdivision of a
State.
(10) OWNER.—The term ‘‘owner’’ 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).
(11) 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)).
(12) 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).
(13) 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).
(14) 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) a review of existing informa-
tion;
(II) an offsite reconnaissance, if
appropriate; and
(III) an onsite reconnaissance, if
appropriate, to determine if a release
may require additional investigation
or action; and
(ii) may include review of such infor-
mation regarding the brownfield site and
previous uses as is available at the time of
the review.
(15) 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. GRANTS FOR INVENTORIES, SITE ASSESSMENTS,
AND OTHER PRE-CLEANUP ACTIVITIES.
(a) IN GENERAL.—The Administrator shall establish
a program to award grants to States, local governments,
or Indian tribes to inventory brownfield sites and to con-
duct site assessments and other pre-cleanup activities re-
lating to such sites, including site identification, site char-
acterization, and the planning and design of response ac-
tions for such 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 State, local
government, or Indian tribe.
(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, to the
extent possible, of the nature and extent of any
known or suspected environmental contamina-
tion within the areas.
(B) A description of the need of the appli-
cant for Federal financial assistance to inven-
tory brownfield sites and to conduct site assess-
ments or other pre-cleanup activities at such
sites.
(C) A demonstration of the potential of the
grant assistance to stimulate economic develop-
ment, including, to the extent possible, the ex-
tent to which the assistance will stimulate the
availability of other funds for site assessment,
site identification, or environmental remediation
and subsequent redevelopment of the areas in
which eligible brownfield sites are situated.
(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 identi-
fication, site assessment, or other pre-cleanup
activities 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, to the extent known;
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 on com-
pletion 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 para-
graph (1), the Administrator shall—
(i) consider the need of the State,
local government, or Indian tribe for Fed-
eral financial assistance to carry out this
section;
(ii) consider the ability of the appli-
cant to carry out an inventory, site assess-
ment, or other pre-cleanup activity 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 may, on the basis of the criteria
considered under subparagraph (A), attach
such conditions to the grant as the Adminis-
trator determines appropriate.
(4) GRANT AMOUNT.—The amount of a grant
awarded to any State, local government, or Indian
tribe under subsection (a) for inventory, site assess-
ment, and other pre-cleanup activities with respect
to 1 or more brownfield sites shall not exceed
$200,000.
(5) TERMINATION OF GRANTS.—If the Admin-
istrator determines that a State, local government,
(D) the demonstrated experience of the
State, local government, or Indian tribe regard-
ing brownfield sites and the reuse of contami-
nated land, including whether the government
has received any grant under the Comprehen-
sive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) to assess brownfield sites, except that ap-
plicants who have not previously received such
a grant may be considered for awards under
this section;
(E) the efficiency of having the loan ad-
ministered by the level of government rep-
resented by the applicant entity;
(F) the experience of administering any
loan programs by the entity, including the loan
repayment rates;
(G) the demonstrations made regarding
the ability of the State, local government, or In-
dian tribe to ensure a fair distribution of grant
funds among brownfield sites within the juris-
diction of the State, local government, or Indian
tribe; and
(H) such other factors as the Adminis-
trator considers relevant to carry out this sec-
tion.
(3) GRANT AMOUNT.—The amount of a grant
made to a State, local government, or Indian tribe
under this section shall not exceed $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 State, local government, or Indian tribe
that—
(A) cleanups to be funded under the loan
program of the State, local government, or In-
dian tribe shall be conducted under the auspices
of, and in compliance with, the State voluntary
cleanup program, the State Superfund pro-
gram, or another appropriate State program, or
Federal authority;
(B) the cleanup or proposed voluntary
cleanup is cost-effective; and
(C) the estimated total cost of the cleanup
is reasonable.
(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 grant recipi-
ent will include in all loan agreements a requirement
that the loan recipient shall comply with all applica-
ble Federal and State laws applicable to the cleanup
and shall ensure that the cleanup is protective of
human health and the environment.
(2) REPAYMENT.—The State, local government,
or Indian tribe will require repayment of the loan
consistent with this title.
(3) USE OF FUNDS.—The State, local govern-
ment, or Indian tribe will use the funds solely for
purposes of establishing and capitalizing a loan pro-
gram in accordance with this title and of cleaning up
the environmental contamination at the brownfield
site or sites.
(4) REPAYMENT OF FUNDS.—The State, local
government, or Indian tribe 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 re-
quire the return of any excess funds immediately on
a determination by the appropriate State, local, or
tribal 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) OTHER CONDITIONS.—The State, local gov-
ernment, or Indian tribe will comply with such other
terms and conditions as the Administrator deter-
mines are necessary to protect the financial interests
of the United States and to protect human health
and the environment.
(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 State, local government, or Indian
tribe.
SEC. 104. ASSISTANCE FOR PARTNERSHIP AGREEMENTS.
(a) IN GENERAL.—The Administrator shall carry out
a program to provide assistance for brownfields partner-
ship agreements between the Environmental Protection
Agency and States, local governments, other Federal de-
partments and agencies, or private entities.
(b) PURPOSE.—The purpose of a partnership agree-
ment assisted under this section shall be to research and
disseminate information to the public about activities re-
lated to brownfield sites, including remediation techniques
and such other matters as the Administrator considers ap-
propriate.
(c) FORM OF ASSISTANCE.—The Administrator may
provide grants, technical assistance, or such other forms
of assistance under this section as the Administrator con-
siders appropriate.
SEC. 105. ASSISTANCE FOR WORKFORCE TRAINING.
(a) IN GENERAL.—The Administrator shall carry out
a program to provide assistance for brownfields workforce
training programs in communities that contain brownfield
sites.
(b) PURPOSES.—Assistance provided under this sec-
tion may include—
(1) expansion of environmental training and
curriculum development at colleges located near
brownfields sites;
(2) establishment of environmental education
and training centers or other community-based job
training organizations; and
(3) such other activities as the Administrator
considers appropriate.
(c) FORM OF ASSISTANCE.—The Administrator may
provide grants, technical assistance, or such other forms
of assistance under this section as the Administrator con-
siders appropriate.
SEC. 106. GRANTS FOR VOLUNTARY CLEANUP PROGRAMS.
(a) IN GENERAL.—The Administrator shall establish
a program to award grants to States or Indian tribes to
enhance, expand, and develop voluntary cleanup programs.
(b) PURPOSES OF GRANT.—A grant awarded to a
State or Indian tribe under this section shall be used by
the State or Indian tribe for any of the following purposes:
(1) To develop legal authorities and regulations
for a voluntary cleanup program.
(2) To hire and train staff for the program.
(3) To implement the program.
(4) To carry out such other activities related to
the enhancement, expansion, or development of a