[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5165 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5165

 To assist States with land use planning in order to promote improved 
  quality of life, regionalism, sustainable economic development, and 
           environmental stewardship, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2000

Mr. Blumenauer (for himself, Mrs. Christensen, Ms. DeLauro, Mr. Farr of 
  California, Mr. Kucinich, Mr. McGovern, Mr. Pallone, Mrs. Jones of 
  Ohio, Mr. Weygand, and Mr. Hoeffel) introduced the following bill; 
 which was referred to the Committee on Resources, and in addition to 
the Committees on Banking and Financial Services, and Agriculture, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To assist States with land use planning in order to promote improved 
  quality of life, regionalism, sustainable economic development, and 
           environmental stewardship, 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 ``Community Character Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) inadequate planning at the State level contributes to 
        increased public and private capital costs for infrastructure 
        development, loss of community character, and environmental 
        degradation;
            (2) land use planning is rightfully within the jurisdiction 
        of State and local governments;
            (3) comprehensive planning and community development should 
        be supported by the Federal Government and State governments;
            (4) States should provide a proper climate and context for 
        planning through legislation in order for appropriate 
        comprehensive land use planning and community development to 
        occur;
            (5) many States have outdated land use planning 
        legislation, and many States are undertaking efforts to update 
        and reform the legislation; and
            (6) efforts to coordinate State resources with local plans 
        require additional planning at the State level.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Federal land management agency.--The term ``Federal 
        land management agency'' means the Bureau of Land Management, 
        the Forest Service, and any other Federal land management 
        agency that conducts land use planning for Federal land.
            (2) Land use planning legislation.--The term ``land use 
        planning legislation'' means a statute, regulation, executive 
        order or other action taken by a State to guide, regulate, and 
        assist in the planning, regulation, and management of land, 
        natural resources, development practices, and other activities 
        related to the pattern and scope of future land use.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (4) State.--The term ``State'' means a State, the District 
        of Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands.
            (5) State planning director.--The term ``State planning 
        director'' means the State official designated by statute or by 
        the Governor whose principal responsibility is the drafting and 
        updating of State guide plans or guidance documents that 
        regulate land use and infrastructure development on a statewide 
        basis.

SEC. 4. GRANTS TO STATES FOR UPDATING LAND USE PLANNING LEGISLATION AND 
              INTEGRATING FEDERAL LAND MANAGEMENT AND STATE PLANNING.

    (a) In General.--The Secretary shall establish a program to provide 
grants to States for the purpose of assisting in--
            (1) as a first priority, development or revision of land 
        use planning legislation in States that currently have 
        inadequate or outmoded land use planning legislation; and
            (2) creation or revision of State comprehensive land use 
        plans or plan elements in States that have updated land use 
        planning legislation.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a State shall submit to the Secretary, in such form as 
the Secretary may require, an application demonstrating that the 
State's basic goals for land use planning legislation reform are 
consistent with all of the following guidelines:
            (1) Citizen representation.--Citizens are notified and 
        citizen representation is required in the developing, adopting, 
        and updating of land use plans.
            (2) Multijurisdictional cooperation.--In order to 
        effectively manage the impacts of land development and to 
        provide for resource sustainability, land use plans are created 
        based on multi-jurisdictional governmental cooperation, when 
        practicable, particularly in the case of land use plans based 
        on watershed boundaries.
            (3) Implementation elements.--Land use plans contain an 
        implementation element that--
                    (A) includes a timetable for action and a 
                definition of the respective roles and responsibilities 
                of agencies, local governments, and other stakeholders;
                    (B) is consistent with State capital budget 
                objectives; and
                    (C) provides the framework for decisions relating 
                to the siting of future infrastructure development, 
                including development of utilities and utility 
                distribution systems.
            (4) Comprehensive planning.--There is comprehensive 
        planning to encourage land use plans that--
                    (A) promote sustainable economic development and 
                social equity;
                    (B) enhance community character;
                    (C) coordinate transportation, housing, education, 
                and other infrastructure development;
                    (D) conserve historic resources, scenic resources, 
                and the environment; and
                    (E) sustainably manage natural resources.
            (5) Updating.--Land use plans are routinely updated.
            (6) Standards.--Land use plans reflect an approach that is 
        consistent with established professional planning standards.
    (c) Use of Grant Funds.--Grant funds received by a State under 
subsection (a) shall be used to obtain technical assistance in--
            (1) drafting land use planning legislation;
            (2) research and development for land use planning programs 
        and requirements relating to the development of State guide 
        plans;
            (3) conducting workshops, educating and consulting policy 
        makers, and involving citizens in the planning process; and
            (4) integrating State and regional concerns and land use 
        plans with Federal land use plans.
    (d) Amount of Grant.--The amount of a grant to a State under 
subsection (a) shall not exceed $500,000.
    (e) Cost-Sharing.--The Federal share of a project funded with a 
grant under subsection (a) shall not exceed 90 percent.
    (f) Audits.--
            (1) In general.--The Inspector General of the Department of 
        Housing and Urban Development shall conduct an audit of a 
        portion of the grants provided under this section to ensure 
        that all funds provided under the grants are used for the 
        purposes specified in this section.
            (2) Use of audit results.--The results of audits conducted 
        under paragraph (1) and any recommendations made in connection 
        with the audits shall be taken into consideration in awarding 
        any future grant under this section to a State.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for the period of 
fiscal years 2001 through 2005.

SEC. 5. FEDERAL LAND MANAGEMENT AGENCIES.

    (a) Land Use Planning Coordinator.--The head of each Federal land 
management agency shall designate an officer to act as coordinator 
working with State planning directors on projects funded under section 
4.
    (b) Provision of Information.--A Federal land management agency 
shall provide to a State planning director such background information, 
plans, and relevant budget information as the State planning director 
considers to be needed in connection with a project funded under 
section 4.
    (c) Assistance and Participation in Community Organized Events.--
Each Federal land management agency shall participate in any community 
organized events requested by the State planning director.
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