109TH CONGRESS 
1ST SESSION 
H. R. 280
AN ACT 
To facilitate the provision of assistance by the Department 
of Housing and Urban Development for the cleanup and 
economic redevelopment of brownfields.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Brownfields Redevelop-
ment Enhancement Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that—
(1) returning the Nation’s brownfield sites to 
productive economic use could generate more than 
550,000 additional jobs and up to $2,400,000,000 
in new tax revenues for cities and towns; 
(2) redevelopment of brownfield sites and reuse 
of infrastructure at such sites will protect natural 
resources and open spaces; 
(3) lack of funding for redevelopment is a pri-
mary obstacle impeding the reuse of brownfield sites; 
(4) the Department of Housing and Urban De-
velopment is the agency of the Federal Government 
that is principally responsible for supporting commu-
nity development and encouraging productive land 
use in urban areas of the United States; 
(5) grants under the Brownfields Economic De-
velopment Initiative of the Department of Housing 
and Urban Development provide local governments 
with a flexible source of funding to pursue 
brownfields redevelopment through land acquisition, 
site preparation, economic development, and other 
activities;
(6) to be eligible for such grant funds, a com-
munity must be willing to pledge community devel-
opment block grant funds as partial collateral for a 
loan guarantee under section 108 of the Housing 
and Community Development Act of 1974, and this 
requirement is a barrier to many local communities 
that are unable or unwilling to pledge such block 
grant funds as collateral; and 
(7) by de-linking grants for brownfields develop-
ment from section 108 community development loan 
guarantees and the related pledge of community de-
velopment block grant funds, more communities will 
have access to funding for redevelopment of 
brownfield sites. 
(b) PURPOSE.—The purpose of this Act is to provide 
cities and towns with more flexibility for brownfields devel-
opment, increased accessibility to brownfields redevelop-
ment funds, and greater capacity to coordinate and col-
laborate with other government agencies—
(1) by providing additional incentives to invest 
in the development and redevelopment of brownfield 
sites; and 
(2) by de-linking grants for brownfields develop-
ment from community development loan guarantees
and the related pledge of community development 
block grant funds. 
SEC. 3. BROWNFIELDS DEVELOPMENT INITIATIVE. 
Title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301 et seq.) is amended by add-
ing at the end the following new section: 
‘‘SEC. 123. BROWNFIELDS DEVELOPMENT INITIATIVE. 
‘‘(a) IN GENERAL.—The Secretary may make grants 
under this section, on a competitive basis as specified in 
section 102 of the Department of Housing and Urban De-
velopment Reform Act of 1989 (42 U.S.C. 3545), only to 
eligible public entities (as such term is defined in section 
108(o) of this title) and Indian tribes for carrying out 
projects and activities to assist the development and rede-
velopment of brownfield sites, which shall include mine-
scarred lands. 
‘‘(b) USE
OF GRANT AMOUNTS.—Amounts from 
grants under this section—
‘‘(1) shall be used, as provided in subsection (a) 
of this section, only for activities specified in section 
108(a); 
‘‘(2) shall be subject to the same requirements 
that, under section 101(c) and paragraphs (2) and 
(3) of section 104(b), apply to grants under section 
106; and
‘‘(3) shall not be provided or used in a manner 
that reduces the financial responsibility of any non-
governmental party that is responsible or potentially 
responsible for contamination on any real property 
and the provision of assistance pursuant to this sec-
tion shall not in any way relieve any party of liabil-
ity with respect to such contamination, including li-
ability for removal and remediation costs. 
‘‘(c) AVAILABILITY OF ASSISTANCE.—The Secretary 
shall not require, for eligibility for a grant under this sec-
tion, that such grant amounts be used only in connection 
or conjunction with projects and activities assisted with 
a loan guaranteed under section 108. 
‘‘(d) APPLICATIONS.—Applications for assistance 
under this section shall be in the form and in accordance 
with procedures as shall be established by the Secretary. 
‘‘(e) SELECTION CRITERIA AND LEVERAGING.—The 
Secretary shall establish criteria for awarding grants 
under this section, which may include the extent to which 
the applicant has obtained other Federal, State, local, or 
private funds for the projects and activities to be assisted 
with grant amounts and such other criteria as the Sec-
retary considers appropriate. Such criteria shall include 
consideration of the appropriateness of the extent of finan-
cial leveraging involved in the projects and activities to 
be funded with the grant amounts. 
‘‘(f) DEFINITION OF BROWNFIELD SITE.—For pur-
poses of this section, the term ‘brownfield site’ has the 
meaning given such term in section 101(39) of the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601(39)). Such term 
includes a site that meets the requirements under sub-
paragraph (D) of such section for inclusion as a 
brownfield site for purposes of section 104(k) of such Act 
(42 U.S.C. 9604(k)). 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for grants under this 
section such sums as may be necessary for each of fiscal 
years 2006, 2007, 2008, 2009, and 2010.’’. 
SEC. 4. CLARIFICATION OF BROWNFIELDS REDEVELOP-
MENT AS ELIGIBLE CDBG ACTIVITY. 
(a) TECHNICAL CORRECTION.—Subsection (a) of sec-
tion 105 of the Housing and Community Development Act 
of 1974 (42 U.S.C. 5305(a)) is amended—
(1) by striking paragraph (24) and all that fol-
lows through the end of the subsection and inserting 
the new paragraph (24) inserted by section 2(3) of 
Public Law 108–146 (117 Stat. 1883);
(2) by adding at the end (after the paragraph 
added by paragraph (1) of this subsection) the new 
paragraph (20) added by section 907(b)(1)(C) of 
Public Law 101–625 (104 Stat. 4388) and redesig-
nating such paragraph as paragraph (25); and 
(3) by adding at the end (after the paragraphs 
added by paragraphs (1) and (2) of this subsection) 
the 
new 
paragraph 
(21) 
added 
by 
section 
1012(f)(3)) of Public Law 102–550 (106 Stat. 
3905) and redesignating such paragraph as para-
graph (26). 
(b) BROWNFIELDS REDEVELOPMENT ACTIVITIES.—
Section 105(a) of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5305(a)), as in effect pursu-
ant to subsection (a) of this section, is amended—
(1) in paragraph (24) (as added by subsection 
(a)(1) of this section), by striking ‘‘and’’ at the end; 
(2) in paragraph (25) (as added by subsection 
(a)(2) of this section), by striking the period at the 
end and inserting a semicolon; 
(3) in paragraph (26) (as added by subsection 
(a)(3) of this section), by striking the period at the 
end and inserting ‘‘; and’’; and 
(4) by adding at the end the following new 
paragraph:
‘‘(27) economic development and redevelopment 
activities related to projects for brownfields sites (as 
such term is defined in section 123(f)), in conjunc-
tion with the appropriate environmental regulatory 
agencies, except that assistance pursuant to this 
paragraph shall not be provided in a manner that re-
duces the financial responsibility of any nongovern-
mental party that is responsible or potentially re-
sponsible for contamination on any real property and 
the provision of assistance pursuant to this para-
graph shall not in any way relieve any party of li-
ability with respect to such contamination, including 
liability for removal and remediation costs.’’. 
SEC. 5. TECHNICAL AMENDMENT TO ALLOW USE OF CDBG 
FUNDS TO ADMINISTER RENEWAL COMMU-
NITIES. 
Section 105(a)(13) of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5305(a)(13)) is 
amended by inserting ‘‘and renewal communities’’ after 
‘‘enterprise zones’’. 
SEC. 6. APPLICABILITY. 
The amendments made by this Act shall apply only 
with respect to amounts made available for fiscal year
2006 and fiscal years thereafter for use under the provi-
sions of law amended by this Act.
Passed the House of Representatives December 13, 
2005. 
Attest:
Clerk.
109TH CONGRESS 
1ST SESSION 
H. R. 280
AN ACT 
To facilitate the provision of assistance by the De-
partment of Housing and Urban Development for 
the cleanup and economic redevelopment of 
brownfields.