Sec. 6. Eligibility for funding for brownfield sites acquired prior to January 11, 2002
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Subparagraph
(B)of section 104(k)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(4) ), as amended in section 5 of this Act, is further amended by striking clause
(iii)and inserting the following: Notwithstanding clause (i)(III), the Administrator may use funds made available to carry out this subsection for one or more of the following: To make a grant under paragraph
(2)to an eligible entity that acquired a brownfield site to be covered by the grant on or before January 11, 2002. To make a grant under paragraph
(3)to an eligible entity if such eligible entity, except as otherwise provided in this subclause, satisfies all of the elements set forth in section 101(40) to qualify as a bona fide prospective purchaser, except that the date of acquisition of the brownfield site was on or before January 11, 2002. The Administrator may make exceptions with regard to compliance with the elements set forth in section 101(40) based on mitigating circumstances, including any of the following: The brownfield site was acquired prior to May 31, 1997, and compliance with all appropriate inquiry (as required under section 101(40)(B)) cannot be fairly determined. A current site assessment of the brownfield site has found no evidence that the eligible entity caused or exacerbated contamination found at the site or failed to exercise appropriate care (as required under section 101(40)(D)) with respect to contamination found at the site. The eligible entity held a public hearing with respect to the grant application and no substantive testimony was offered that indicates that the eligible entity caused or exacerbated contamination found at the site or failed to exercise appropriate care (as required under section 101(40)(D)) with respect to contamination found at the site. There are other circumstances that make compliance with the elements set forth in section 101(40) impractical and not in the public interest. To make a grant or loan under this subsection to an eligible entity if such entity— acquired ownership of the brownfield site at least 30 years prior to the date of the grant or loan, but not later than May 31, 1997; did not cause or contribute to the contamination on the brownfield site; and can reasonably indicate why such entity cannot comply with the elements set forth in section 101(40) to qualify as a bona fide prospective purchaser. .
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Sec. 6
Eligibility for funding for brownfield sites acquired prior to January 11, 2002
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