[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 975 Reported in Senate (RS)]






                                                       Calendar No. 610
107th CONGRESS
  2d Session
                                 S. 975

                          [Report No. 107-290]

 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

  7Mr. Chafee (for himself, Mr. Bennett, Mr. Jeffords, Mr. Levin, Mr. 
Specter, Mr. Bingaman, Mr. Cleland,  Mr. Lieberman, and Mr. Torricelli) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                           September 18, 2002

              Reported by Mr. Jeffords, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Community Character Act of 
2001''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) inadequate land use planning at the State and 
        tribal levels contributes to--</DELETED>
                <DELETED>    (A) increased public and private capital 
                costs for public works infrastructure 
                development;</DELETED>
                <DELETED>    (B) environmental degradation;</DELETED>
                <DELETED>    (C) weakened regional economic 
                development; and</DELETED>
                <DELETED>    (D) loss of community character;</DELETED>
        <DELETED>    (2) land use planning is rightfully within the 
        jurisdiction of State, tribal, and local governments;</DELETED>
        <DELETED>    (3) comprehensive land use planning and community 
        development should be supported by Federal, State, and tribal 
        governments;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5)(A) many States and tribal governments have 
        outmoded land use planning legislation; and</DELETED>
        <DELETED>    (B) many States and tribal governments are 
        undertaking efforts to update and reform land use planning 
        legislation;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (7) the coordination of use of State and tribal 
        resources with local land use plans requires additional 
        planning at the State and tribal levels.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) environmental resources;</DELETED>
                <DELETED>    (B) public works infrastructure;</DELETED>
                <DELETED>    (C) regional economic 
                development;</DELETED>
                <DELETED>    (D) current and future development 
                practices; and</DELETED>
                <DELETED>    (E) other activities related to the 
                pattern and scope of future land use.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce, acting through the Assistant Secretary 
        of Commerce for Economic Development.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>

<DELETED>SEC. 4. GRANTS TO STATES AND TRIBAL GOVERNMENTS TO UPDATE LAND 
              USE PLANNING LEGISLATION.</DELETED>

<DELETED>    (a) Establishment of Program.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Grant applications.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Approval.--The Secretary shall--
                </DELETED>
                        <DELETED>    (i) not less often than annually, 
                        complete a review of the applications for 
                        grants that are received under this section; 
                        and</DELETED>
                        <DELETED>    (ii) award grants to States and 
                        tribal governments that the Secretary 
                        determines rank the highest using the ranking 
                        criteria specified in paragraph (3).</DELETED>
        <DELETED>    (3) Ranking criteria.--In evaluating applications 
        for grants from eligible States and tribal governments under 
        this section, the Secretary shall consider the following 
        criteria:</DELETED>
                <DELETED>    (A) As a fundamental priority, the extent 
                to which a State or tribal government has in effect 
                inadequate or outmoded land use planning 
                legislation.</DELETED>
                <DELETED>    (B) The extent to which a grant will 
                facilitate development or revision of land use plans 
                consistent with updated land use planning 
                legislation.</DELETED>
                <DELETED>    (C) The extent to which development or 
                revision of land use plans will facilitate multistate 
                land use planning.</DELETED>
                <DELETED>    (D) The extent to which the area under the 
                jurisdiction of a State or tribal government is 
                experiencing significant growth.</DELETED>
                <DELETED>    (E) The extent to which the project to be 
                funded using a grant will protect the environment and 
                promote economic development.</DELETED>
                <DELETED>    (F) The extent to which a State or tribal 
                government has committed financial resources to 
                comprehensive land use planning.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) are comprehensive in nature and, to the 
        maximum extent practicable--</DELETED>
                <DELETED>    (A) promote environmental protection 
                (including air and water quality);</DELETED>
                <DELETED>    (B) take into consideration--</DELETED>
                        <DELETED>    (i) public works infrastructure in 
                        existence at the time at which the grant is to 
                        be made; and</DELETED>
                        <DELETED>    (ii) future infrastructure needs, 
                        such as needs identified in--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (II) the State long-range 
                                transportation plan developed under 
                                section 135(e) of title 23, United 
                                States Code;</DELETED>
                <DELETED>    (C) promote sustainable economic 
                development (including regional economic development) 
                and social equity;</DELETED>
                <DELETED>    (D) enhance community character;</DELETED>
                <DELETED>    (E) conserve historic, scenic, natural, 
                and cultural resources; and</DELETED>
                <DELETED>    (F) provide for a range of affordable 
                housing options;</DELETED>
        <DELETED>    (2) promote land use plans that contain an 
        implementation element that--</DELETED>
                <DELETED>    (A) includes a timetable for action and a 
                definition of the respective roles and responsibilities 
                of agencies, local governments, and other 
                stakeholders;</DELETED>
                <DELETED>    (B) is consistent with the capital budget 
                objectives of the State or tribal government; 
                and</DELETED>
                <DELETED>    (C) provides a framework for decisions 
                relating to the siting of infrastructure development, 
                including development of utilities and utility 
                distribution systems;</DELETED>
        <DELETED>    (3) result in multijurisdictional governmental 
        cooperation, to the maximum extent practicable, particularly in 
        the case of land use plans based on watershed 
        boundaries;</DELETED>
        <DELETED>    (4) encourage the participation of the public in 
        the development, adoption, and updating of land use 
        plans;</DELETED>
        <DELETED>    (5) provide for the periodic updating of land use 
        plans; and</DELETED>
        <DELETED>    (6) include approaches to land use planning that 
        are consistent with established professional land use planning 
        standards.</DELETED>
<DELETED>    (c) Use of Grant Funds.--Grant funds received by a State 
or tribal government under subsection (a) may be used for a project--
</DELETED>
        <DELETED>    (1) to carry out, or obtain technical assistance 
        with which to carry out--</DELETED>
                <DELETED>    (A) development or revision of land use 
                planning legislation;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) workshops, education of and 
                consultation with policymakers, and participation of 
                the public in the land use planning process; 
                and</DELETED>
                <DELETED>    (D) integration of State, regional, 
                tribal, or local land use plans with Federal land use 
                plans;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) to acquire equipment or information technology 
        to facilitate State, tribal, or local land use 
        planning.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Amount of Grants.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Additional amount.--The Secretary may award a 
        State up to an additional $100,000 to fund pilot projects under 
        subsection (d).</DELETED>
<DELETED>    (f) Cost Sharing.--</DELETED>
        <DELETED>    (1) In general.--The Federal share of the cost of 
        a project funded with a grant under subsection (a) shall not 
        exceed 90 percent.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (g) Audits.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (h) Authorization of Appropriations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. ECONOMIC DEVELOPMENT ADMINISTRATION TECHNICAL 
              ASSISTANCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Types of Programs.--Programs developed under 
subsection (a) may include--</DELETED>
        <DELETED>    (1) exchange of technical land use planning 
        information;</DELETED>
        <DELETED>    (2) electronic databases containing data relevant 
        to land use planning;</DELETED>
        <DELETED>    (3) other technical land use planning assistance 
        to facilitate access to, and use of, techniques and principles 
        of land use planning; and</DELETED>
        <DELETED>    (4) such other types of programs as the Secretary 
        determines to be appropriate.</DELETED>
<DELETED>    (c) Consultation and Cooperation.--The Secretary shall 
carry out subsection (a) in consultation and cooperation with--
</DELETED>
        <DELETED>    (1) the Administrator of the Environmental 
        Protection Agency;</DELETED>
        <DELETED>    (2) the Secretary of Transportation;</DELETED>
        <DELETED>    (3) the Secretary of Agriculture;</DELETED>
        <DELETED>    (4) the heads of other Federal agencies;</DELETED>
        <DELETED>    (5) State, tribal, and local governments; 
        and</DELETED>
        <DELETED>    (6) nonprofit organizations that promote land use 
        planning at the State, tribal, and local levels.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Character Act of 2002''.

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 State and tribal 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 recognized approaches to land use planning.
    (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) coordination of Federal, State, regional, 
                tribal, and local 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.




                                                       Calendar No. 610

107th CONGRESS

  2d Session

                                 S. 975

                          [Report No. 107-290]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 18, 2002

                       Reported with an amendment