[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 975 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 975
To improve environmental policy by providing assistance for State and
tribal land use planning, to promote improved quality of life,
regionalism, and sustainable economic development, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 2001
Mr. Chafee (for himself, Mr. Bennett, Mr. Jeffords, Mr. Levin, Mr.
Specter, Mr. Bingaman, Mr. Cleland, and Mr. Lieberman) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To improve environmental policy by providing assistance for State and
tribal land use planning, to promote improved quality of life,
regionalism, and sustainable economic development, 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.
Congress finds that--
(1) inadequate land use planning at the State and tribal
levels contributes to--
(A) increased public and private capital costs for
public works infrastructure development;
(B) environmental degradation;
(C) weakened regional economic development; and
(D) loss of community character;
(2) land use planning is rightfully within the jurisdiction
of State, tribal, and local governments;
(3) comprehensive land use planning and community
development should be supported by Federal, State, and tribal
governments;
(4) States and tribal governments should provide a proper
climate and context through legislation in order for
comprehensive land use planning, community development, and
environmental protection to occur;
(5)(A) many States and tribal governments have outmoded
land use planning legislation; and
(B) many States and tribal governments are undertaking
efforts to update and reform land use planning legislation;
(6) the Federal Government and States should support the
efforts of tribal governments to develop and implement land use
plans to improve environmental protection, housing
opportunities, and socioeconomic conditions for Indian tribes;
and
(7) the coordination of use of State and tribal resources
with local land use plans requires additional planning at the
State and tribal levels.
SEC. 3. DEFINITIONS.
In this Act:
(1) Land use plan.--The term ``land use plan'' means a plan
for development of an area that recognizes the physical,
environmental, economic, social, political, aesthetic, and
related factors of the area.
(2) Land use planning legislation.--The term ``land use
planning legislation'' means a statute, regulation, executive
order, or other action taken by a State or tribal government to
guide, regulate, or assist in the planning, regulation, and
management of--
(A) environmental resources;
(B) public works infrastructure;
(C) regional economic development;
(D) current and future development practices; and
(E) other activities related to the pattern and
scope of future land use.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Assistant Secretary of Commerce
for Economic 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) 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)).
SEC. 4. GRANTS TO STATES AND TRIBAL GOVERNMENTS TO UPDATE LAND USE
PLANNING LEGISLATION.
(a) Establishment of Program.--
(1) In general.--The Secretary shall establish a program to
award grants to States and tribal governments eligible for
funding under subsection (b) to promote comprehensive land use
planning at the State, tribal, and local levels.
(2) Grant applications.--
(A) Submission.--A State or tribal government may
submit to the Secretary, in such form as the Secretary
may require, an application for a grant under this
section to be used for 1 or more of the types of
projects authorized by subsection (c).
(B) Approval.--The Secretary shall--
(i) not less often than annually, complete
a review of the applications for grants that
are received under this section; and
(ii) award grants to States and tribal
governments that the Secretary determines rank
the highest using the ranking criteria
specified in paragraph (3).
(3) Ranking criteria.--In evaluating applications for
grants from eligible States and tribal governments under this
section, the Secretary shall consider the following criteria:
(A) As a fundamental priority, the extent to which
a State or tribal government has in effect inadequate
or outmoded land use planning legislation.
(B) The extent to which a grant will facilitate
development or revision of land use plans consistent
with updated land use planning legislation.
(C) The extent to which development or revision of
land use plans will facilitate multistate land use
planning.
(D) The extent to which the area under the
jurisdiction of a State or tribal government is
experiencing significant growth.
(E) The extent to which the project to be funded
using a grant will protect the environment and promote
economic development.
(F) The extent to which a State or tribal
government has committed financial resources to
comprehensive land use planning.
(b) Eligibility.--A State or tribal government shall be eligible to
receive a grant under subsection (a) if the State or tribal government
demonstrates that the project, or the goal of the project, to be funded
by the grant promotes land use planning activities that--
(1) are comprehensive in nature and, to the maximum extent
practicable--
(A) promote environmental protection (including air
and water quality);
(B) take into consideration--
(i) public works infrastructure in
existence at the time at which the grant is to
be made; and
(ii) future infrastructure needs, such as
needs identified in--
(I) the needs assessments required
under sections 516(2) and 518(b) of the
Federal Water Pollution Control Act (33
U.S.C. 1375(2), 1377(b)) and
subsections (h) and (i)(4) of section
1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12); and
(II) the State long-range
transportation plan developed under
section 135(e) of title 23, United
States Code;
(C) promote sustainable economic development
(including regional economic development) and social
equity;
(D) enhance community character;
(E) conserve historic, scenic, natural, and
cultural resources; and
(F) provide for a range of affordable housing
options;
(2) promote land use plans that 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 the capital budget
objectives of the State or tribal government; and
(C) provides a framework for decisions relating to
the siting of infrastructure development, including
development of utilities and utility distribution
systems;
(3) result in multijurisdictional governmental cooperation,
to the maximum extent practicable, particularly in the case of
land use plans based on watershed boundaries;
(4) encourage the participation of the public in the
development, adoption, and updating of land use plans;
(5) provide for the periodic updating of land use plans;
and
(6) include approaches to land use planning that are
consistent with established professional land use planning
standards.
(c) Use of Grant Funds.--Grant funds received by a State or tribal
government under subsection (a) may be used for a project--
(1) to carry out, or obtain technical assistance with which
to carry out--
(A) development or revision of land use planning
legislation;
(B) research and development relating to land use
plans, and other activities relating to the development
of State, tribal, or local land use plans, that result
in long-term policy guidelines for growth and
development;
(C) workshops, education of and consultation with
policymakers, and participation of the public in the
land use planning process; and
(D) integration of State, regional, tribal, or
local land use plans with Federal land use plans;
(2) to provide funding to units of general purpose local
government to carry out land use planning activities consistent
with land use planning legislation; or
(3) to acquire equipment or information technology to
facilitate State, tribal, or local land use planning.
(d) Pilot Projects for Local Governments.--A State may include in
its application for a grant under this section a request for additional
grant funds with which to assist units of general purpose local
government in carrying out pilot projects to carry out land use
planning activities consistent with land use planning legislation.
(e) Amount of Grants.--
(1) In general.--Except as provided in paragraph (2), the
amount of a grant to a State or tribal government under
subsection (a) shall not exceed $1,000,000.
(2) Additional amount.--The Secretary may award a State up
to an additional $100,000 to fund pilot projects under
subsection (d).
(f) Cost Sharing.--
(1) In general.--The Federal share of the cost of a project
funded with a grant under subsection (a) shall not exceed 90
percent.
(2) Grants to tribal governments.--The Secretary may
increase the Federal share in the case of a grant to a tribal
government if the Secretary determines that the tribal
government does not have sufficient funds to pay the non-
Federal share of the cost of the project.
(g) Audits.--
(1) In general.--The Inspector General of the Department of
Commerce may conduct an audit of a portion of the grants
awarded under this section to ensure that the grant funds are
used for the purposes specified in this section.
(2) Use of audit results.--The results of an audit
conducted under paragraph (1) and any recommendations made in
connection with the audit shall be taken into consideration in
awarding any future grant under this section to a State or
tribal government.
(3) Report to congress.--Not later than 3 years after the
date of enactment of this Act, the Inspector General of the
Department of Commerce shall submit to Congress a report that
provides a description of the management of the program
established under this section (including a description of the
allocation of grant funds awarded under this section).
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $25,000,000 for each of fiscal years
2002 through 2006.
(2) Availability for tribal governments.--Of the amount
made available under paragraph (1) for a fiscal year, not less
than 5 percent shall be available to make grants to tribal
governments to the extent that there are sufficient tribal
governments that are eligible for funding under subsection (b)
and that submit applications.
SEC. 5. ECONOMIC DEVELOPMENT ADMINISTRATION TECHNICAL ASSISTANCE.
(a) In General.--The Secretary may develop voluntary educational
and informational programs for the use of State, tribal, and local land
use planning and zoning officials.
(b) Types of Programs.--Programs developed under subsection (a) may
include--
(1) exchange of technical land use planning information;
(2) electronic databases containing data relevant to land
use planning;
(3) other technical land use planning assistance to
facilitate access to, and use of, techniques and principles of
land use planning; and
(4) such other types of programs as the Secretary
determines to be appropriate.
(c) Consultation and Cooperation.--The Secretary shall carry out
subsection (a) in consultation and cooperation with--
(1) the Administrator of the Environmental Protection
Agency;
(2) the Secretary of Transportation;
(3) the Secretary of Agriculture;
(4) the heads of other Federal agencies;
(5) State, tribal, and local governments; and
(6) nonprofit organizations that promote land use planning
at the State, tribal, and local levels.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2002 through 2006.
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