I
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 organi-
zations 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 Serv-
ices, 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 con-
cerned
A BILL
To authorize the Secretary of Housing and Urban Develop-
ment 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 effec-
tive urban development, improved quality of life, region-
alism, sustainable economic development, and environ-
mental stewardship, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 cap-
ital costs for infrastructure development, loss of
community character, and environmental degrada-
tion.
(2) Although land use planning is rightfully
within the jurisdiction of State and local govern-
ments, 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(4) Many States have outdated land use plan-
ning legislation, and many States are undertaking
efforts to update and reform the legislation.
(5) Efforts to coordinate State and regional in-
vestments with local plans require additional plan-
ning at the State level.
(6) Housing is a critical component of sustain-
able 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 govern-
ments should support the efforts of tribal govern-
ments and Native Hawaiian organizations to imple-
ment 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 pro-
gram to provide grants to States for the purpose of assist-
ing in—
(1) as a first priority, the development or revi-
sion of land use planning legislation in those States
that have inadequate or outmoded land use planning
legislation;
(2) the creation or revision of State comprehen-
sive land use plans or plan elements in those States
that have previously updated land use planning leg-
islation; and
(3) the development or revision of comprehen-
sive 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 sub-
mit 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 plan-
ning 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 de-
velopment and to provide for resource sustainability,
land use plans are created based on multi-jurisdic-
tional 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 respon-
sibilities 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 develop-
ment and social equity;
(B) enhance community character;
(C) coordinate transportation, housing,
education, and other infrastructure develop-
ment;
(D) conserve historic resources, scenic re-
sources, and the environment;
(E) sustainably manage natural resources;
and
(F) provide for a range of housing options,
including provisions that promote and accom-
modate housing affordability.
(5) UPDATING.—Land use plans are routinely
updated.
(6) STANDARDS.—Land use plans reflect an ap-
proach that is consistent with established profes-
sional 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 plan-
ning programs and requirements relating to the de-
velopment of State guide plans;
(3) conducting workshops, educating and con-
sulting 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 para-
graph (2), the Federal share of a project funded
with a grant under subsection (a) shall not exceed
90 percent.
(2) INCREASED
FEDERAL
SHARE.—The Sec-
retary 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 in-
frastructure 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 rec-
ommendations made in connection with the audits
shall be taken into consideration in awarding any fu-
ture 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 stat-
ute, regulation, executive order or other action taken
by a State to guide, regulate, and assist in the plan-
ning, 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 Busi-
ness 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 offi-
cer of the State whose principal responsibility is the
drafting and updating of State guide plans or guid-
ance 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 In-
dian 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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