ceed 10 percent of the grant funds to develop
and implement a brownfields program that may
include—
‘‘(i) monitoring the health of popu-
lations exposed to 1 or more hazardous
substances from a brownfield site; and
‘‘(ii) monitoring and enforcement of
any institutional control used to prevent
human exposure to any hazardous sub-
stance from a brownfield site.
‘‘(D) INSURANCE.—A recipient of a grant
or loan awarded under paragraph (2) or (3)
that performs a characterization, assessment, or
remediation of a brownfield site may use a por-
tion of the grant or loan to purchase insurance
for the characterization, assessment, or remedi-
ation of that site.
‘‘(5) GRANT APPLICATIONS.—
‘‘(A) SUBMISSION.—
‘‘(i) IN GENERAL.—
‘‘(I) APPLICATION.—An eligible
entity may submit to the Adminis-
trator, through a regional office of the
Environmental Protection Agency and
in such form as the Administrator
may require, an application for a
grant under this subsection for 1 or
more brownfield sites (including infor-
mation on the criteria used by the Ad-
ministrator to rank applications under
subparagraph (C), to the extent that
the information is available).
‘‘(II) 
NCP 
REQUIREMENTS.—
The Administrator may include in any
requirement for submission of an ap-
plication under subclause (I) a re-
quirement of the National Contin-
gency Plan only to the extent that the
requirement is relevant and appro-
priate to the program under this sub-
section.
‘‘(ii) COORDINATION.—The Adminis-
trator shall coordinate with other Federal
agencies to assist in making eligible enti-
ties aware of other available Federal re-
sources.
‘‘(iii) GUIDANCE.—The Administrator
shall publish guidance to assist eligible en-
tities in applying for grants under this
subsection.
‘‘(B) 
APPROVAL.—The 
Administrator
shall—
‘‘(i) at least annually, complete a re-
view of applications for grants that are re-
ceived from eligible entities under this sub-
section; and
‘‘(ii) award grants under this sub-
section to eligible entities that the Admin-
istrator 
determines 
have 
the 
highest
rankings under the ranking criteria estab-
lished under subparagraph (C).
‘‘(C) RANKING
CRITERIA.—The Adminis-
trator shall establish a system for ranking
grant applications received under this para-
graph that includes the following criteria:
‘‘(i) The extent to which a grant will
stimulate the availability of other funds for
environmental assessment or remediation,
and subsequent reuse, of an area in which
1 or more brownfield sites are located.
‘‘(ii) The potential of the proposed
project or the development plan for an
area in which 1 or more brownfield sites
are located to stimulate economic develop-
ment of the area on completion of the
cleanup.
‘‘(iii) The extent to which a grant
would address or facilitate the identifica-
tion and reduction of threats to human
health and the environment, including
threats in areas in which there is a great-
er-than-normal incidence of diseases or
conditions (including cancer, asthma, or
birth defects) that may be associated with
exposure to hazardous substances, pollut-
ants, or contaminants.
‘‘(iv) The extent to which a grant
would facilitate the use or reuse of existing
infrastructure.
‘‘(v) The extent to which a grant
would facilitate the creation of, preserva-
tion of, or addition to a park, a greenway,
undeveloped property, recreational prop-
erty, or other property used for nonprofit
purposes.
‘‘(vi) The extent to which a grant
would meet the needs of a community that
has an inability to draw on other sources
of funding for environmental remediation
and subsequent redevelopment of the area
in which a brownfield site is located be-
cause of the small population or low in-
come of the community.
‘‘(vii) The extent to which the appli-
cant is eligible for funding from other
sources.
‘‘(viii) The extent to which a grant
will further the fair distribution of funding
between urban and nonurban areas.
‘‘(ix) The extent to which the grant
provides for involvement of the local com-
munity in the process of making decisions
relating to cleanup and future use of a
brownfield site.
‘‘(x) The extent to which a grant
would address or facilitate the identifica-
tion and reduction of threats to the health
or welfare of children, pregnant women,
minority or low-income communities, or
other sensitive populations.
‘‘(6) IMPLEMENTATION OF BROWNFIELDS PRO-
GRAMS.—
‘‘(A) ESTABLISHMENT OF PROGRAM.—The
Administrator may provide, or fund eligible en-
tities or nonprofit organizations to provide,
training, research, and technical assistance to
individuals and organizations, as appropriate, to
facilitate the inventory of brownfield sites, site
assessments, remediation of brownfield sites,
community involvement, or site preparation.
‘‘(B) FUNDING RESTRICTIONS.—The total
Federal funds to be expended by the Adminis-
trator under this paragraph shall not exceed 15
percent of the total amount appropriated to
carry out this subsection in any fiscal year.
‘‘(7) AUDITS.—
‘‘(A) IN GENERAL.—The Inspector General
of the Environmental Protection Agency shall
conduct such reviews or audits of grants and
loans under this subsection as the Inspector
General considers necessary to carry out this
subsection.
‘‘(B) PROCEDURE.—An audit under this
subparagraph shall be conducted in accordance
with the auditing procedures of the General Ac-
counting Office, including chapter 75 of title
31, United States Code.
‘‘(C) VIOLATIONS.—If the Administrator
determines that a person that receives a grant
or loan under this subsection has violated or is
in violation of a condition of the grant, loan, or
applicable Federal law, the Administrator
may—
‘‘(i) terminate the grant or loan;
‘‘(ii) require the person to repay any
funds received; and
‘‘(iii) seek any other legal remedies
available to the Administrator.
‘‘(D) REPORT
TO
CONGRESS.—Not later
than 3 years after the date of enactment of this
subsection, the Inspector General of the Envi-
ronmental Protection Agency shall submit to
Congress a report that provides a description of
the management of the program (including a
description of the allocation of funds under this
subsection).
‘‘(8) LEVERAGING.—An eligible entity that re-
ceives a grant under this subsection may use the
grant funds for a portion of a project at a
brownfield site for which funding is received from
other sources if the grant funds are used only for
the purposes described in paragraph (2) or (3).
‘‘(9) AGREEMENTS.—Each grant or loan made
under this subsection shall—
‘‘(A) include a requirement of the National
Contingency Plan only to the extent that the re-
quirement is relevant and appropriate to the
program under this subsection, as determined
by the Administrator; and
‘‘(B) be subject to an agreement that—
‘‘(i) requires the recipient to—
‘‘(I) comply with all applicable
Federal and State laws; and
‘‘(II) ensure that the cleanup
protects human health and the envi-
ronment;
‘‘(ii) requires that the recipient use
the grant or loan exclusively for purposes
specified in paragraph (2) or (3), as appli-
cable;
‘‘(iii) in the case of an application by
an eligible entity under paragraph (3)(A),
requires the eligible entity to pay a match-
ing share (which may be in the form of a
contribution of labor, material, or services)
of at least 20 percent, from non-Federal
sources of funding, unless the Adminis-
trator determines that the matching share
would place an undue hardship on the eli-
gible entity; and
‘‘(iv) contains such other terms and
conditions as the Administrator determines
to be necessary to carry out this sub-
section.
‘‘(10) FACILITY
OTHER
THAN
BROWNFIELD
SITE.—The fact that a facility may not be a
brownfield site within the meaning of section
101(39)(A) has no effect on the eligibility of the fa-
cility for assistance under any other provision of
Federal law.
‘‘(11) EFFECT ON FEDERAL LAWS.—Nothing in
this subsection affects any liability or response au-
thority under any Federal law, including—
‘‘(A) this Act (including the last sentence
of section 101(14));
‘‘(B) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
‘‘(C) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
‘‘(D) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.); and
‘‘(E) the Safe Drinking Water Act (42
U.S.C. 300f et seq.).
‘‘(12) FUNDING.—
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out this subsection $200,000,000 for
each of fiscal years 2002 through 2006.
‘‘(B) USE
OF
CERTAIN
FUNDS.—Of the
amount made available under subparagraph
(A), $50,000,000, or, if the amount made avail-
able is less than $200,000,000, 25 percent of
the amount made available, shall be used for
site characterization, assessment, and remedi-
ation 
of 
facilities 
described 
in 
section
101(39)(D)(ii)(II).’’.
Subtitle B—Brownfields Liability
Clarifications
SEC. 221. CONTIGUOUS PROPERTIES.
Section 107 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is amended by adding at the end the fol-
lowing:
‘‘(q) CONTIGUOUS PROPERTIES.—
‘‘(1) NOT CONSIDERED TO BE AN OWNER OR
OPERATOR.—
‘‘(A) IN GENERAL.—A person that owns
real property that is contiguous to or otherwise
similarly situated with respect to, and that is or
may be contaminated by a release or threatened
release of a hazardous substance from, real
property that is not owned by that person shall
not be considered to be an owner or operator of
a vessel or facility under paragraph (1) or (2)
of subsection (a) solely by reason of the con-
tamination if—
‘‘(i) the person did not cause, con-
tribute, or consent to the release or threat-
ened release;
‘‘(ii) the person is not—
‘‘(I) potentially liable, or affili-
ated with any other person that is po-
tentially liable, for response costs at a
facility through any direct or indirect
familial relationship or any contrac-
tual, corporate, or financial relation-
ship (other than a contractual, cor-
porate, or financial relationship that
is created by a contract for the sale of
goods or services); or
‘‘(II) the result of a reorganiza-
tion of a business entity that was po-
tentially liable;
‘‘(iii) the person takes reasonable
steps to—
‘‘(I) stop any continuing release;
‘‘(II) prevent any threatened fu-
ture release; and
‘‘(III) prevent or limit human,
environmental, or natural resource ex-
posure to any hazardous substance re-
leased on or from property owned by
that person;
‘‘(iv) the person provides full coopera-
tion, assistance, and access to persons that
are authorized to conduct response actions
or natural resource restoration at the ves-
sel or facility from which there has been a
release or threatened release (including the
cooperation and access necessary for the
installation, integrity, operation, and main-
tenance of any complete or partial re-
sponse action or natural resource restora-
tion at the vessel or facility);
‘‘(v) the person—
‘‘(I) is in compliance with any
land use restrictions established or re-
lied on in connection with the re-
sponse action at the facility; and
‘‘(II) does not impede the effec-
tiveness or integrity of any institu-
tional control employed in connection
with a response action;
‘‘(vi) the person is in compliance with
any request for information or administra-
tive subpoena issued by the President
under this Act;
‘‘(vii) the person provides all legally
required notices with respect to the dis-
covery or release of any hazardous sub-
stances at the facility; and
‘‘(viii) at the time at which the person
acquired the property, the person—
‘‘(I) conducted all appropriate in-
quiry within the meaning of section
101(35)(B) with respect to the prop-
erty; and
‘‘(II) did not know or have rea-
son to know that the property was or
could be contaminated by a release or
threatened release of 1 or more haz-
ardous substances from other real