S. 347 — Brownfields Reauthorization Act of 2025

This section revises the brownfields grant program under CERCLA Section 104(k)—which provides grants to eligible entities for assessment, cleanup, and revitalization of contaminated properties—as follows: (1) expands eligible entities under paragraph (1)(I) to include 501(c)(6) organizations in addition to 501(c)(3) organizations; (2) in paragraph (5)(E)(i), strikes the limitation "up to 5 percent of the"; (3) revises paragraph (6)(C)(ix) to prioritize applicants with a plan to engage diverse local groups representing affected communities and involve those communities in project decisions; (4) in paragraph (10)(B)(iii), reduces the required nonfederal matching share to 10 percent (from 20 percent) unless the eligible entity is located in a small community or disadvantaged area (as defined in Section 128(a)(1)(B)(iv)), in which case the Administrator waives the requirement; and (5) extends the period of availability of funds under paragraph (13) to 2025 through 2030 (from 2019 through 2023).

This section increases the maximum amount of brownfields remediation grants to $1,000,000 for each site (from $500,000). (As background, CERCLA brownfields grants under section 104(k) provide EPA funding to states, political subdivisions, and Indian tribes for cleanup of contaminated properties that do not qualify for Superfund response.)

This section (1) expands permissible uses of brownfields response program grants to states and Indian tribes to include implementation of such programs (in addition to establishment or enhancement); and (2) authorizes appropriations to carry out the grants of $50 million for FY2025, $55 million for FY2026, $60 million for FY2027, $65 million for FY2028, $70 million for FY2029, and $75 million for FY2030. (As background, the grants support state and tribal programs for surveying, assessing, and remediating brownfield sites—i.e., properties contaminated by hazardous substances that are otherwise viable for redevelopment.)

This section directs the EPA Administrator, not later than one year after enactment, to (1) submit to Congress a report evaluating the application ranking criteria and approval process for brownfields grants and loans under CERCLA §104(k)—which authorizes funding for assessment, cleanup, and redevelopment of contaminated sites—with analysis of recurring sources of applicant confusion, common point deductions in reviews, strategies to incentivize applications from small communities and disadvantaged areas, and legislative recommendations to streamline the process for such communities; and (2) update related guidance to reduce application complexity while preserving competitive integrity.

This section expands eligibility for brownfields revitalization grants under CERCLA by (1) striking the exclusion for Alaska from subparagraph (G) of section 104(k)(1) and (2) replacing subparagraph (H) with eligibility for a Regional Corporation or Village Corporation, as defined in the Alaska Native Claims Settlement Act. (As background, the brownfields program authorizes EPA grants to eligible entities for assessing, cleaning up, and redeveloping contaminated brownfield sites, which are previously developed properties that may be complicated by the presence of hazardous substances.)