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property, if the property was not con-
taminated.
‘‘(IX) Commonly known or rea-
sonably 
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 PRAC-
TICES.—
‘‘(I) PROPERTY PURCHASED BE-
FORE MAY 31, 1997.—With respect to
property purchased before May 31,
1997, in making a determination with
respect to a defendant described of
clause (i), a court shall take into
account—
‘‘(aa) any specialized knowl-
edge or experience on the part of
the defendant;
‘‘(bb) the relationship of the
purchase price to the value of the
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property, if the property was not
contaminated;
‘‘(cc) commonly known or
reasonably ascertainable informa-
tion about the property;
‘‘(dd) the obviousness of the
presence or likely presence of
contamination at the property;
and
‘‘(ee) the ability of the de-
fendant to detect the contamina-
tion by appropriate inspection.
‘‘(II) PROPERTY PURCHASED ON
OR
AFTER
MAY
31, 1997.—With re-
spect to property purchased on or
after May 31, 1997, and until the Ad-
ministrator promulgates the regula-
tions described in clause (ii), the pro-
cedures of the American Society for
Testing and Materials, including the
document 
known 
as 
‘Standard
E1527–97’, entitled ‘Standard Prac-
tice for Environmental Site Assess-
ment: Phase 1 Environmental Site
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Assessment Process’, shall satisfy the
requirements in clause (i).
‘‘(v) SITE
INSPECTION
AND
TITLE
SEARCH.—In the case of property for resi-
dential use or other similar use purchased
by a nongovernmental or noncommercial
entity, a facility inspection and title search
that reveal no basis for further investiga-
tion shall be considered to satisfy the re-
quirements of this subparagraph.’’.
Subtitle C—State Response
Programs
SEC. 231. STATE RESPONSE PROGRAMS.
(a) DEFINITIONS.—Section 101 of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601) (as amended by this
Act) is further amended by adding at the end the fol-
lowing:
‘‘(41) ELIGIBLE RESPONSE SITE.—
‘‘(A) IN GENERAL.—The term ‘eligible re-
sponse site’ means a site that meets the defini-
tion of a brownfield site in subparagraphs (A)
and (B) of paragraph (39), as modified by sub-
paragraphs (B) and (C) of this paragraph.
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‘‘(B) INCLUSIONS.—The term ‘eligible re-
sponse site’ includes—
‘‘(i) 
notwithstanding 
paragraph
(39)(B)(ix), a portion of a facility, for
which portion assistance for response activ-
ity has been obtained under subtitle I of
the Solid Waste Disposal Act (42 U.S.C.
6991 et seq.) from the Leaking Under-
ground Storage Tank Trust Fund estab-
lished under section 9508 of the Internal
Revenue Code of 1986; or
‘‘(ii) a site for which, notwithstanding
the exclusions provided in subparagraph
(C) or paragraph (39)(B), the President
determines, on a site-by-site basis and
after consultation with the State, that limi-
tations on enforcement under section 128
at sites specified in clause (iv), (v), (vi) or
(viii) of paragraph (39)(B) would be ap-
propriate and will—
‘‘(I) protect human health and
the environment; and
‘‘(II) promote economic develop-
ment or facilitate the creation of,
preservation of, or addition to a park,
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a greenway, undeveloped property,
recreational property, or other prop-
erty used for nonprofit purposes.
‘‘(C) EXCLUSIONS.—The term ‘eligible re-
sponse site’ does not include—
‘‘(i) 
a 
facility 
for 
which 
the
President—
‘‘(I) conducts or has conducted a
preliminary assessment or site inspec-
tion; and
‘‘(II) after consultation with the
State, determines or has determined
that the site obtains a preliminary
score sufficient for possible listing on
the National Priorities List, or that
the site otherwise 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 de-
termines warrant particular consideration
as identified by regulation, such as sites
posing a threat to a sole-source drinking
water aquifer or a sensitive ecosystem.’’.