Page:United States Statutes at Large Volume 115 Part 3.djvu/288

 115 STAT. 2362 PUBLIC LAW 107-118—JAN. 11, 2002 Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986. "(C) SiTE-BY-siTE DETERMINATIONS.— Notwithstanding subparagraph (B) and on a site-by-site basis, the President may authorize financial assistance under section 104(k) to an eligible entity at a site included in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph (B) if the President finds that financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. "(D) ADDITIONAL AREAS. —For the purposes of section 104(k), the term 'brownfield site' includes a site that— "(i) meets the definition of 'brownfield site' under subparagraphs (A) through (C); and "(ii)(I) is contaminated by a controlled substance (as defined in section 102 of the Controlled Substances Act(21 U.S.C. 802)); "(II)(aa) is contaminated by petroleum or a petroleum product excluded from the definition of 'hazardous substance' under section 101; and "(bb) is a site determined by the Administrator or the State, as appropriate, to be— "(AA) of relatively low risk, as compared with other petroleum-only sites in the State; and "(BB) a site for which there is no viable responsible party and which will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site; and "(cc) is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)); or "(III) is mine-scarred land.", (b) BROWNFIELDS REVITALIZATION FUNDING. —Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended by adding at the end the following: " (k) BROWNFIELDS REVITALIZATION FUNDING. — "(1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, the term 'eligible entity' means— "(A) a general purpose unit of local government; "(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; "(C) a government entity created by a State legislature; "(D) a regional council or group of general purpose units of local government; "(E) a redevelopment agency that is chartered or otherwise sanctioned by a State; "(F) a State; "(G) an Indian Tribe other than in Alaska; or "(H) an Alaska Native Regional Corporation and an Alaska Native Village Corporation as those terms are defined in the Alaska Native Claims Settlement Act (43

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