Page:United States Statutes at Large Volume 115 Part 3.djvu/294

 115 STAT. 2368 PUBLIC LAW 107-118^JAN. 11, 2002 "(ii) requires that the recipient use the grant or loan exclusively for purposes specified in paragraph (2) or (3), as applicable; "(iii) in the case of an application by an eligible entity under paragraph (3)(A), requires the eligible entity to pay a matching 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 Administrator determines that the matching share would place an undue hardship on the eligible entity; and "(iv) contains such other terms and conditions as the Administrator determines to be necessary to carry out this subsection. "(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 facility for assistance under any other provision of Federal law. "(11) EFFECT ON FEDERAL LAWS.—Nothing in this subsection affects any liability or response authority 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 APPROPRIATIONS.—T here 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 available is less than $200,000,000, 25 percent of the amount made available, shall be used for site characterization, assessment, and remediation 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 Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended by adding at the end the following: "(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

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