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Calendar No. 371
105th CONGRESS
2d Session
S. 8
[Report No. 105-192]
_______________________________________________________________________
A BILL
To reauthorize and amend the Comprehensive Environmental Response,
Liability, and Compensation Act of 1980, and for other purposes.
_______________________________________________________________________
May 19, 1998
Reported with an amendment
Calendar No. 371
105th CONGRESS
2d Session
S. 8
[Report No. 105-192]
To reauthorize and amend the Comprehensive Environmental Response,
Liability, and Compensation Act of 1980, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 21, 1997
Mr. Smith of New Hampshire (for himself, Mr. Chafee, Mr. Lott, Mr.
Abraham, Mr. Allard, Mr. Coverdell, Mr. Craig, Mr. DeWine, Mr.
Domenici, Mr. Gorton, Mr. Grams, Mr. Hagel, Mr. Hatch, Mr. Helms, Mr.
Hutchinson, Mr. Kyl, Mr. Lugar, Mr. Murkowski, Mr. Roberts, Mr.
Sessions, Mr. Thurmond, Mr. Warner, Mr. Mack, Mr. Coats, Mr.
Faircloth, Mr. Bond, Mr. Kempthorne, Mr. Inhofe, Mr. Thomas, and Mr.
Bennett)
May 19, 1998
Reported by Mr. Chafee, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To reauthorize and amend the Comprehensive Environmental Response,
Liability, and Compensation Act of 1980, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Superfund
Cleanup Acceleration Act of 1997.''</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--BROWNFIELDS REVITALIZATION
<DELETED>Sec. 101. Brownfields.
<DELETED>Sec. 102. Assistance for qualifying State voluntary response
programs.
<DELETED>Sec. 103. Enforcement in cases of a release subject to a State
plan.
<DELETED>Sec. 104. Contiguous properties.
<DELETED>Sec. 105. Prospective purchasers and windfall liens.
<DELETED>Sec. 106. Safe harbor innocent landholders.
<DELETED>TITLE II--STATE ROLE
<DELETED>Sec. 201. Delegation to the States of authorities with respect
to national priorities list facilities.
<DELETED>TITLE III--COMMUNITY PARTICIPATION
<DELETED>Sec. 301. Community response organizations; technical
assistance grants; improvement of public
participation in the superfund
decisionmaking process.
<DELETED>TITLE IV--SELECTION OF REMEDIAL ACTIONS
<DELETED>Sec. 401. Definitions.
<DELETED>Sec. 402. Selection and implementation of remedial actions.
<DELETED>Sec. 403. Remedy selection methodology.
<DELETED>Sec. 404. Remedy selection procedures.
<DELETED>Sec. 405. Completion of physical construction and delisting.
<DELETED>Sec. 406. Transition rules for facilities currently involved
in remedy selection.
<DELETED>Sec. 407. National Priorities List.
<DELETED>TITLE V--LIABILITY
<DELETED>Sec. 501. Liability exceptions and limitations.
<DELETED>Sec. 502. Contribution from the Fund.
<DELETED>Sec. 503. Allocation of liability for certain facilities.
<DELETED>Sec. 504. Liability of response action contractors.
<DELETED>Sec. 505. Release of evidence.
<DELETED>Sec. 506. Contribution protection.
<DELETED>Sec. 507. Treatment of religious, charitable, scientific, and
educational organizations as owners or
operators.
<DELETED>Sec. 508. Common carriers.
<DELETED>Sec. 509. Limitation on liability of railroad owners.
<DELETED>Sec. 510. Liability of recyclers.
<DELETED>TITLE VI--FEDERAL FACILITIES
<DELETED>Sec. 601. Transfer of authorities.
<DELETED>Sec. 602. Limitation on criminal liability of Federal
officers, employees, and agents.
<DELETED>Sec. 603. Innovative technologies for remedial action at
Federal facilities.
<DELETED>TITLE VII--NATURAL RESOURCE DAMAGES
<DELETED>Sec. 701. Restoration of natural resources.
<DELETED>Sec. 702. Assessment of injury to and restoration of natural
resources.
<DELETED>Sec. 703. Consistency between response actions and resource
restoration standards.
<DELETED>Sec. 704. Contribution.
<DELETED>TITLE VIII--MISCELLANEOUS
<DELETED>Sec. 801. Result-oriented cleanups.
<DELETED>Sec. 802. National Priorities List.
<DELETED>Sec. 803. Obligations from the fund for response actions.
<DELETED>TITLE IX--FUNDING
<DELETED>Subtitle A--General Provisions
<DELETED>Sec. 901. Authorization of appropriations from the Fund.
<DELETED>Sec. 902. Orphan share funding.
<DELETED>Sec. 903. Department of Health and Human Services.
<DELETED>Sec. 904. Limitations on research, development, and
demonstration programs.
<DELETED>Sec. 905. Authorization of appropriations from general
revenues.
<DELETED>Sec. 906. Additional limitations.
<DELETED>Sec. 907. Reimbursement of potentially responsible parties.
<DELETED>TITLE I--BROWNFIELDS REVITALIZATION</DELETED>
<DELETED>SEC. 101. BROWNFIELDS.</DELETED>
<DELETED> (a) In General.--Title I of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) is amended by adding at the end the
following:</DELETED>
<DELETED>``SEC. 127. BROWNFIELDS.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Administrative cost.--The term
`administrative cost' does not include the cost of--</DELETED>
<DELETED> ``(A) investigation and identification of
the extent of contamination;</DELETED>
<DELETED> ``(B) design and performance of a response
action; or</DELETED>
<DELETED> ``(C) monitoring of natural
resources.</DELETED>
<DELETED> ``(2) Brownfield facility.--The term `brownfield
facility' means--</DELETED>
<DELETED> ``(A) a parcel of land that contains an
abandoned, idled, or underused commercial or industrial
facility, the expansion or redevelopment of which is
complicated by the presence or potential presence of a
hazardous substance; but</DELETED>
<DELETED> ``(B) does not include--</DELETED>
<DELETED> ``(i) a facility that is the
subject of a removal or planned removal under
title I;</DELETED>
<DELETED> ``(ii) a facility that is listed
or has been proposed for listing on the
National Priorities List or that has been
delisted under section 134(d)(5);</DELETED>
<DELETED> ``(iii) a facility 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) or 6928(h)) at the time at which
an application for a grant concerning the
facility is submitted under this
section;</DELETED>
<DELETED> ``(iv) a land disposal unit with
respect to which--</DELETED>
<DELETED> ``(I) a closure
notification under subtitle C of the
Solid Waste Disposal Act (42 U.S.C.
6921 et seq.) has been submitted;
and</DELETED>
<DELETED> ``(II) closure
requirements have been specified in a
closure plan or permit;</DELETED>
<DELETED> ``(v) a facility with respect to
which an administrative order on consent or
judicial consent decree requiring cleanup has
been entered into by the United States under
this Act, the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.),
the Toxic Substances Control Act (15 U.S.C.
2601 et seq.), or the Safe Drinking Water Act
(42 U.S.C. 300f et seq.);</DELETED>
<DELETED> ``(vi) a facility that is owned or
operated by a department, agency, or
instrumentality of the United States;
or</DELETED>
<DELETED> ``(vii) 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 under section 9508 of
the Internal Revenue Code of 1986.</DELETED>
<DELETED> ``(3) Eligible entity.--The term `eligible entity'
means--</DELETED>
<DELETED> ``(A) a general purpose unit of local
government;</DELETED>
<DELETED> ``(B) a land clearance authority or other
quasi-governmental entity that operates under the
supervision and control of or as an agent of a general
purpose unit of local government;</DELETED>
<DELETED> ``(C) a regional council or group of
general purpose units of local government;</DELETED>
<DELETED> ``(D) a redevelopment agency that is
chartered or otherwise sanctioned by a State;
and</DELETED>
<DELETED> ``(E) an Indian tribe.</DELETED>
<DELETED> ``(b) Brownfield Characterization Grant Program.--
</DELETED>
<DELETED> ``(1) Establishment of program.--The Administrator
shall establish a program to provide grants for the site
characterization and assessment of brownfield
facilities.</DELETED>
<DELETED> ``(2) Assistance for site characterization and
assessment.--</DELETED>
<DELETED> ``(A) In general.--On approval of an
application made by an eligible entity, the
Administrator may make grants out of the Fund to the
eligible entity to be used for the site
characterization and assessment of 1 or more brownfield
facilities or to capitalize a revolving loan
fund.</DELETED>
<DELETED> ``(B) Appropriate inquiry.--A site
characterization and assessment carried out with the
use of a grant under subparagraph (A) shall be
performed in accordance with section
101(35)(B).</DELETED>
<DELETED> ``(3) Maximum grant amount.--A grant under
subparagraph (A) shall not exceed, with respect to any
individual brownfield facility covered by the grant, $100,000
for any fiscal year or $200,000 in total.</DELETED>
<DELETED> ``(c) Brownfield Remediation Grant Program.--</DELETED>
<DELETED> ``(1) Establishment of program.--The Administrator
shall establish a program to provide grants to be used for
capitalization of revolving loan funds for response actions
(excluding site characterization and assessment) at brownfield
facilities.</DELETED>
<DELETED> ``(2) Assistance for site characterization and
assessment.--</DELETED>
<DELETED> ``(A) In general.--On approval of an
application made by a State or an eligible entity, the
Administrator may make grants out of the Fund to the
State or eligible entity to capitalize a revolving loan
fund to be used for response actions (excluding site
characterization and assessment) at 1 or more
brownfield facilities.</DELETED>
<DELETED> ``(B) Appropriate inquiry.--A site
characterization and assessment carried out with the
use of a grant under subparagraph (A) shall be
performed in accordance with section
101(35)(B).</DELETED>
<DELETED> ``(3) Maximum grant amount.--A grant under
subparagraph (A) shall not exceed, with respect to any
individual brownfield facility covered by the grant, $150,000
for any fiscal year or $300,000 in total.</DELETED>
<DELETED> ``(d) General Provisions.--</DELETED>
<DELETED> ``(1) Sunset.--No amount shall be available from
the Fund for purposes of this section after the fifth fiscal
year after the date of enactment of this section.</DELETED>
<DELETED> ``(2) Prohibition.--No part of a grant under this
section may be used for payment of penalties, fines, or
administrative costs.</DELETED>
<DELETED> ``(3) Audits.--The Inspector General of the
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