(39) Brownfield site.— (A) In general .— The term “brownfield site” means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. (B) Exclusions .— The term “brownfield site” does not include— (i) a facility that is the subject of a planned or ongoing removal action under this subchapter; (ii) a facility that is listed on the National Priorities List or is proposed for listing; (iii) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties under this chapter; (iv) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties, or a facility to which a permit has been issued by the United States or an authorized State under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.), the Federal Water Pollution Control Act ( 33 U.S.C. 1321 ) [ 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.); (v) a facility that— (I) is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act ( 42 U.S.C. 6924(u) , 6928(h)); and (II) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures; (vi) a land disposal unit with respect to which— (I) a closure notification under subtitle C of the Solid Waste Disposal Act ( 42 U.S.C. 6921 et seq.) has been submitted; and (II) closure requirements have been specified in a closure plan or permit; (vii) a facility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe; (viii) a portion of a facility— (I) at which there has been a release of polychlorinated biphenyls; and (II) that is subject to remediation under the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq.); or (ix) 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 title 26 . (C) Site-by-site determinations .— Notwithstanding subparagraph (B) and on a site-by-site basis, the President may authorize financial assistance under section 9604(k) of this title 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 9604(k) of this title , 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 802 of title 21 ); (II) (aa) is contaminated by petroleum or a petroleum product excluded from the definition of “hazardous substance” under this section; and (bb) is a site for which there is no viable responsible party and that is determined by the Administrator or the State, as appropriate, to be a site that will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site under this chapter or any other law pertaining to the cleanup of petroleum products; 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.