[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2185 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2185

  To improve Federal environmental policy by providing incentives for 
State and local growth management and land use programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 1996

   Mr. Wyden introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To improve Federal environmental policy by providing incentives for 
State and local growth management and land use programs, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Growth Management Incentives 
Act of 1996''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) provide better coordination of Federal, State, and 
        local programs affecting land use and growth so as to address 
        environmental impacts of Federal agency actions more 
        effectively;
            (2) make the Federal programs more efficient by authorizing 
        Federal agencies to recognize qualified growth management and 
        land use programs; and
            (3) establish incentives for States and localities to adopt 
        environmentally protective growth management and land use 
        programs.

SEC. 3. ELIMINATION OF DUPLICATION OF STATE AND LOCAL REQUIREMENTS.

    (a) Definitions.--In this section:
            (1) Qualified local land use jurisdiction.--The term 
        ``qualified local land use jurisdiction'' means a local land 
        use jurisdiction that has in effect a qualified program (as 
        defined in section 4(a)(3)).
            (2) Qualified state agency.--The term ``qualified State 
        agency'' means a State agency of statewide jurisdiction in a 
        State that has in effect a State qualified program (as defined 
        in section 4(a)(3)).
    (b) Cooperation With State Agencies.--In accordance with this Act, 
each Federal agency shall cooperate with qualified State agencies and 
qualified local land use jurisdictions.
    (c) Reduction of Duplication.--Except as otherwise specifically 
provided by law, a Federal agency shall cooperate with qualified State 
agencies and qualified local land use jurisdictions, to the maximum 
extent practicable, to reduce duplication by the requirements of title 
I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et 
seq.) of the requirements of State and local law.
    (d) Joint Planning, Research, Hearings, and Assessments.--
Cooperation under subsection (c) shall, to the maximum extent 
practicable, include--
            (1) joint planning processes;
            (2) joint environmental research and studies;
            (3) joint public hearings (except as otherwise specifically 
        provided by law); and
            (4) joint environmental assessments.
    (e) Joint Environmental Impact Statements.--
            (1) In general.--Cooperation under subsection (c) shall, to 
        the maximum extent practicable, include joint environmental 
        impact statements.
            (2) Joint lead agencies.--In the case of a joint 
        environmental impact statement, 1 or more Federal agencies and 
        1 or more qualified State agencies or qualified local land use 
        jurisdictions shall be joint lead agencies, unless the 
        participating State agencies and local land use jurisdictions 
        jointly determine that a Federal agency shall be the sole lead 
        agency.
            (3) Compliance with federal, state, and local 
        requirements.--If a State or local law imposes environmental 
        impact assessment, avoidance, reduction, or mitigation 
        requirements that are in addition to, but not in conflict with, 
        the requirements of title I of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4331 et seq.), a Federal agency 
        shall cooperate with other Federal agencies and qualified State 
        agencies and qualified local land use jurisdictions to permit 1 
        document to be used to comply with all applicable requirements.
    (f) Consistency of Proposed Action With State and Local 
Requirements.--
            (1) In general.--To better integrate environmental impact 
        statement requirements with the planning processes of qualified 
        State agencies and qualified local land use jurisdictions, a 
        statement required under title I of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall address any 
        inconsistency of a proposed action with any approved plan, or 
        other applicable requirement (whether or not federally 
approved), of a qualified State agency or qualified local land use 
jurisdiction.
            (2) Inconsistency.--In the case of an inconsistency, the 
        statement shall describe the extent to which the agency or 
        jurisdiction will reconcile its proposed action with the plan 
        or requirement.

SEC. 4. AUTHORITY OF FEDERAL AGENCIES TO RECOGNIZE QUALIFIED GROWTH 
              MANAGEMENT AND LAND USE PROGRAMS.

    (a) Definitions.--In this section:
            (1) Area of critical environmental concern.--The term 
        ``area of critical environmental concern''--
                    (A) means an area in which development could result 
                in--
                            (i) damage to 1 or more important historic, 
                        cultural, or aesthetic values, or natural 
                        systems or processes; or
                            (ii) the potential for a threat to human 
                        life and safety from natural hazards; and
                    (B) includes--
                            (i) areas of land or water that affect 
                        aquifers used for potable water;
                            (ii) critical habitat for fish and wildlife 
                        designated under the Endangered Species Act of 
                        1973 (16 U.S.C. 1531 et seq.) and fish and 
                        wildlife conservation areas;
                            (iii) frequently flooded areas; and
                            (iv) geologically hazardous areas.
            (2) Key public facility.--The term ``key public 
        facility''--
                    (A) means a publicly owned, publicly operated, or 
                publicly financed facility that is likely to induce 
                development and urbanization having more than local 
                impact; and
                    (B) includes an airport, road, highway, highway 
                interchange, public water system, storm or sanitary 
                sewer system, marine channel or terminal, park, and 
                recreational facility.
            (3) Qualified program.--The term ``qualified program'' 
        means a State or local growth management and land use program 
        that satisfies (or a combination of programs of the State or 
        local land use jurisdiction that collectively satisfy) the 
        requirements for certification under this section.
    (b) Additional Time.--
            (1) For states and local land use jurisdictions.--On 
        certification by the Governor of a State or, in the case of a 
        local land use jurisdiction, the chief executive officer of the 
        jurisdiction that time, in addition to any other time otherwise 
        available, is needed to integrate the requirements of a 
        qualified program with any Federal requirement that the Federal 
        official responsible for enforcing the Federal requirement 
        determines is a new Federal requirement, the Federal official 
        responsible for enforcing the Federal requirement shall provide 
        the Governor or chief executive officer up to 1 year of 
        additional time to comply with the Federal requirement, unless 
        the official determines that additional time would adversely 
        affect public health or the environment and notifies the 
        Governor or chief executive officer of the reasons for the 
        determination.
            (2) For persons.--If, with respect to a new Federal 
        requirement, additional time is provided to a Governor of a 
        State or chief executive officer of a local land use 
        jurisdiction under paragraph (1), the Federal official 
        responsible for enforcing the Federal requirement shall also 
        provide the same amount of additional time for compliance with 
        the Federal requirement to any person in the State or local 
        land use jurisdiction that is subject to a compliance deadline 
        pursuant to the Federal requirement, unless the official 
        determines that the additional time would adversely affect 
        public health or the environment and publishes a notice in the 
        Federal Register providing the reasons for the determination.
    (c) Certification.--
            (1) In general.--A certification by a Governor or chief 
        executive officer under subsection (b)(1) shall--
                    (A) be in a form prescribed by the official from 
                whom time is sought under subsection (b)(1);
                    (B) request the minimum time needed to integrate 
                the requirements of a qualified program with a Federal 
                requirement; and
                    (C) certify and provide evidence that--
                            (i) there is a qualified program in effect 
                        under the laws of the State or local land use 
                        jurisdiction, and the laws meet the 
                        requirements of subsection (d);
                            (ii) the requirements of the qualified 
                        program have been fully met; and
                            (iii) the qualified program (including any 
                        applicable local laws (including regulations) 
                        adopted under the program) provides an adequate 
                        analysis of, and avoids, minimizes, or 
mitigates, any environmental impact on areas of critical environmental 
concern.
            (2) Programmatic certification.--
                    (A) In general.--A certification under subsection 
                (b)(1) may apply only to a specific requirement or may 
                apply to an entire class of projects or programs that 
                involve similar requirements.
                    (B) Recertification.--A certification of an entire 
                class of projects or programs shall cease to be 
                effective if there is any substantial change in the 
                projects or programs or on the date that is 5 years 
                after the date of the certification.
    (d) Laws.--
            (1) In general.--To support a certification under 
        subsection (b)(1), the laws of the State or local land use 
        jurisdiction must establish a qualified program that includes--
                    (A) a mechanism for inventorying and designating 
                areas of critical environmental concern;
                    (B) a mechanism for ensuring the compatibility of 
                key public facilities with surrounding land uses and 
                activities;
                    (C) a mechanism for assessing whether the potential 
                impacts of development activities (including activities 
                conducted by Federal agencies) would result in a 
                violation of any applicable law intended to protect 
                human health or the environment;
                    (D) a mechanism for avoiding, minimizing, or 
                mitigating impacts on the environment and communities 
                that result from proposed development activities 
                (including activities that are conducted by Federal 
                agencies and subject to the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.)), including 
                the cumulative impacts of all such development 
                activities;
                    (E) a process for obtaining public comment on the 
                potential impact on the environment and communities of 
                a proposed development activity; and
                    (F) a mechanism for ensuring that analyses of the 
                potential impact of a proposed development activity 
                also consider the potential impact of alternatives to 
                the proposed activity, including not proceeding with 
                the proposed activity.
            (2) Additional programmatic certification requirements.--To 
        support a certification under subsection (b)(1), the laws of 
        the State or local land use jurisdiction must also establish a 
        qualified program that includes--
                    (A) a mechanism for State or local enforcement of 
                controls on areas of critical environmental concern and 
                areas affected by key public facilities;
                    (B) a mechanism for ensuring that local laws 
                (including regulations) do not unnecessarily restrict 
                or exclude development and land use of regional benefit 
                permitted under the State or local qualified program;
                    (C) a mechanism for seeking to influence the 
                location of Federal activities and a mechanism for 
                ensuring appropriate controls over the use of land 
                around new Federal activities;
                    (D) a system of controls and regulations pertaining 
                to areas and development activities (including 
                activities conducted by Federal agencies) that are 
                designed to conserve important natural resources and to 
                ensure that any source of air, water, noise, or other 
                pollution will not be located where the source would 
                result in a violation of any applicable air, water, 
                noise, or other pollution standard or implementation 
                plan;
                    (E) a mechanism for periodically revising and 
                updating the State or local qualified program to meet 
                changing conditions;
                    (F) a detailed schedule for implementing all 
                aspects of the State or local qualified program; and
                    (G) a mechanism for encouraging the redevelopment 
                of abandoned, previously developed industrial and 
                commercial properties.
            (3) Methods for establishment.--For the purposes of 
        paragraphs (1) and (2), the laws of a State or local land use 
        jurisdiction may establish a qualified program by means of any 
        combination of--
                    (A) the establishment of criteria and standards 
                that implement local laws (including regulations) and 
                that are subject to--
                            (i) judicial review; and
                            (ii) judicial enforcement of local 
                        implementation and compliance;
                    (B) direct land use planning and regulation under 
                the laws of the State or local land use jurisdiction; 
                and
                    (C) State administrative review of local laws 
                (including regulations) and land use plans and the 
                implementation of the laws and land use plans, 
                including full authority for the State government to 
                approve or disapprove the local laws and land use plans 
                and implementation of the laws and land use plans.
    (e) Administration.--The Governor of a State or chief executive 
officer of a local land use jurisdiction may not make the 
certifications described in subsection (c) unless the Governor or chief 
executive officer finds that--
            (1) applicable laws (including regulations) and criteria 
        affecting areas and development activities are in accordance 
        with the policy, purposes, and requirements of this Act;
            (2) the mechanism of the State or local land use 
        jurisdiction referred to in subsection (d)(1)(A) does not 
        exclude from designation areas of critical environmental 
        concern to the United States;
            (3) in controlling land use in areas of critical 
        environmental concern to the United States, the State or local 
        land use jurisdiction has not acted in substantial disregard of 
        the purposes, policies, and requirements of the State or local 
        qualified program;
            (4) the government of the State or local land use 
        jurisdiction is appropriately organized to implement the 
        qualified program;
            (5) the qualified program has been reviewed and approved 
        by--
                    (A) in the case of a State qualified program, the 
                Governor; or
                    (B) in the case of a local qualified program, the 
                chief executive officer of the jurisdiction;
            (6) the Governor or chief executive officer has in place 
        appropriate arrangements for administering the qualified 
        program;
            (7) in the development, revision, and implementation of the 
        qualified program, the State or local land use jurisdiction has 
        provided for adequate dissemination of information and for 
        adequate public notice and public hearings;
            (8) in the case of a State qualified program, the State 
        has--
                    (A) coordinated with appropriate neighboring States 
                with respect to land and water in interstate areas; and
                    (B) taken into account the plans and programs of 
                other State agencies and of Federal agencies and local 
                governments;
            (9) in the case of a local qualified program, the local 
        land use jurisdiction has coordinated and taken into account 
        the plans and programs of Federal and State agencies; and
            (10) the State or local land use jurisdiction has in effect 
        procedures for determining whether Federal and federally 
        assisted projects are consistent with the qualified program.
    (f) Discretion.--Nothing in this section requires the Governor of a 
State or chief executive officer of a local land use jurisdiction to 
make a certification under subsection (c).
    (g) Notice.--On providing additional time under subsection (b), the 
responsible Federal official shall publish notice of the time provided 
and publish the certification filed pursuant to subsection (c).
    (h) Reliance on Certification.--Before publishing notice under 
subsection (g), the responsible official for the activity shall provide 
notice of, and allow not less than 30 days for public comment on, the 
extent to which providing additional time is justified and any adverse 
public health or environmental impacts that may result from providing 
the additional time.
    (i) Exception.--This section shall not apply to an activity if the 
application of State or local law to the activity is specifically 
prohibited by Federal law.
    (j) Consistency of Federal Activities With Qualified Programs.--
            (1) Activities affecting qualified program.--A Federal 
        agency conducting or supporting an activity that directly 
        affects land use or that is otherwise regulated under a 
        qualified program shall conduct or support the activity in a 
        manner that is, to the maximum extent practicable, consistent 
        with the qualified program.
            (2) Undertaking development projects.--A Federal agency 
        undertaking a development project in a State or local land use 
        jurisdiction shall ensure that the project is, to the maximum 
        extent practicable, consistent with the qualified program.

SEC. 5. PRIORITY IN DISCRETIONARY HIGHWAY SPENDING.

    Section 118 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(g) Priority for Certain States and Local Land Use 
Jurisdictions.--
            ``(1) In general.--In making available under this title and 
        the Intermodal Surface Transportation Efficiency Act of 1991 
        (Public Law 102-240) funds that are designated to be 
        distributed, obligated, or otherwise made available at the 
        discretion of the Secretary, the Secretary shall give priority 
        to States and local land use jurisdictions that the Secretary, 
        in consultation with the Council on Environmental Quality, 
        determines have in effect a State or local growth management 
        and land use program that satisfies (or a combination of 
        programs of the State or local land use jurisdiction that 
        collectively satisfy) the requirements for certification under 
        section 4 of the Local Growth Management Incentives Act of 
        1996.
            ``(2) Procedures.--In carrying out paragraph (1), the 
        Secretary shall establish by regulation procedures to be used 
        in determining whether the program of a State or local land use 
        jurisdiction meets the requirements for certification.''.

SEC. 6. REPORT TO CONGRESS.

    Not later than 1 year after the date of enactment of this Act, in 
consultation with States that have in effect programs substantially 
similar to growth management and land use programs certified under this 
Act, the Council on Environmental Quality shall submit to Congress a 
report on the impacts of Federal activities on growth and land use and 
the effectiveness of growth management and land use programs in 
addressing the cumulative impacts of Federal activities on the 
environment. On request by the Council, any Federal agency shall assist 
the Council in preparing the report.
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