I
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 fol-
lowing bill; which was referred to the Committee on Resources, and in
addition to the Committees on Banking and Financial Services, and Agri-
culture, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To assist States with land use planning in order to promote
improved quality of life, regionalism, sustainable eco-
nomic development, and environmental 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 2000’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) inadequate planning at the State level con-
tributes 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 ju-
risdiction of State and local governments;
(3) comprehensive planning and community de-
velopment should be supported by the Federal Gov-
ernment 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(5) many States have outdated land use plan-
ning 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
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 cur-
rently have inadequate or outmoded land use plan-
ning 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 Sec-
retary, in such form as the Secretary may require, an ap-
plication 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 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
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 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; and
(E) sustainably manage natural resources.
(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 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 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.
(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 plan-
ning directors on projects funded under section 4.
(b) PROVISION OF INFORMATION.—A Federal land
management agency shall provide to a State planning di-
rector such background information, plans, and relevant
budget information as the State planning director con-
siders 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.
Æ