[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1433 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1433
To authorize the Secretary of Housing and Urban Development to make
grants to assist States, tribal governments, and Native Hawaiian
organizations in their efforts to develop or update land use planning
legislation in order to promote more environmentally compatible and
effective urban development, improved quality of life, regionalism,
sustainable economic development, and environmental stewardship, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2001
Mr. Blumenauer (for himself, Mr. Abercrombie, Mr. Farr of California,
Mr. Gilchrest, Mr. Gillmor, Mr. Hoeffel, Mr. Isakson, Mrs. Jones of
Ohio, Mr. Pallone, and Mr. Udall of Colorado) introduced the following
bill; which was referred to the Committee on Financial Services, and in
addition to the Committee on Resources, 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 authorize the Secretary of Housing and Urban Development to make
grants to assist States, tribal governments, and Native Hawaiian
organizations in their efforts to develop or update land use planning
legislation in order to promote more environmentally compatible and
effective urban development, 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 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Inadequate land use planning at the State level
contributes to increased public and private capital costs for
infrastructure development, loss of community character, and
environmental degradation.
(2) Although land use planning is rightfully within the
jurisdiction of State and local governments, comprehensive land
use planning and urban development should be supported by the
Federal Government and State governments.
(3) States should provide a proper climate and context for
planning through legislation in order for appropriate
comprehensive land use planning and urban development to occur.
(4) Many States have outdated land use planning
legislation, and many States are undertaking efforts to update
and reform the legislation.
(5) Efforts to coordinate State and regional investments
with local plans require additional planning at the State
level.
(6) Housing is a critical component of sustainable urban
development, and land use planning should provide for a range
of housing options to offer choice in location, type, and
affordability to all members of the community.
(7) The Federal Government and State governments should
support the efforts of tribal governments and Native Hawaiian
organizations to implement land use planning and community
development to improve housing and socioeconomic conditions for
Indian tribes and Native Hawaiians.
SEC. 3. HOUSING AND URBAN DEVELOPMENT GRANTS TO STATES TO DEVELOP OR
UPDATE LAND USE PLANNING LEGISLATION.
(a) Grant Program Authorized.--The Secretary of Housing and Urban
Development shall establish a program to provide grants to States for
the purpose of assisting in--
(1) as a first priority, the development or revision of
land use planning legislation in those States that have
inadequate or outmoded land use planning legislation;
(2) the creation or revision of State comprehensive land
use plans or plan elements in those States that have previously
updated land use planning legislation; and
(3) the development or revision of comprehensive land use
plans or plan elements for multi-State regions.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State planning director shall submit to the Secretary
an application, in such form as the Secretary may require, that
demonstrates to the Secretary that the basic goals of the State
regarding land use planning legislation 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 urban 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 citizens of the
State;
(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;
(E) sustainably manage natural resources; and
(F) provide for a range of housing options,
including provisions that promote and accommodate
housing affordability.
(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 under subsection (a)
shall not exceed $1,000,000.
(e) Cost-Sharing.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of a project funded with a grant under subsection
(a) shall not exceed 90 percent.
(2) Increased federal share.--The Secretary may increase
the Federal share in the case of a grant to a tribal government
or Native Hawaiian organization if the Secretary finds that the
tribal government or Native Hawaiian organization does not have
sufficient funds to contribute to the project.
(f) Coordination.--The Secretary shall encourage Federal land
management agencies to coordinate land use planning for Federal land
with the State planning director responsible for the drafting and
updating of State guide plans or guidance documents regulating land use
and infrastructure development on a statewide basis.
(g) 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.
(h) Definitions.--In this section:
(1) 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.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(3) State.--The term ``State'' means any of the following:
(A) One of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, or the Commonwealth of
the Northern Mariana Islands.
(B) A tribal government.
(C) A Native Hawaiian organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(4) State planning director.--The term ``State planning
director'' means the State official designated by statute or by
the chief executive officer of the State whose principal
responsibility is the drafting and updating of State guide
plans or guidance documents that regulate land use and urban
development on a statewide basis.
(5) Tribal government.--The term ``tribal government''
means the tribal government of an Indian tribe, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of the
fiscal years 2002 through 2006.
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