September 13, 1972
Page 30398
AMENDMENTS NOS. 1521, 1522, 1523, 1524 AND 1525
(Ordered to be printed and to lie on the table.)
Mr. MUSKIE. Mr. President, I am submitting five amendments to S. 632, the Land Use Policy and Planning Assistance Act of 1972. These amendments are ones I believe necessary to address some of the concerns about S. 632 which I addressed in my floor statement of August 16.
My first amendment, which is cosponsored by the Senator from Delaware (Mr. BOGGS) and the Senator from California (Mr. TUNNEY) would shift responsibility for the program from the Interior Department to the Executive Office of the President.
Second. This amendment would make major changes in section 303.
First, the amendment would do away with the requirements that States assume "determinative State authority" over areas of critical environmental concern, key facilities, and other large scale developments. In its place, the amendment requires a finding that land use development of such facilities is not inconsistent with any State land use program. This shift in emphasis leaves considerably more authority at the local level and is designed to limit, somewhat, the absolute State authority which the phrase "determinative State authority" implies.
Second, the amendment would abolish the requirement in subsection (b) (1) (c) that a State assume authority to override any local restrictions on major developments.
Third, the amendment would assure that air and water pollution laws will not be violated by specifically preserving the requirements of the Clean Air Act and the Federal Water Pollution Control Act and requiring States to continue to pursue vigorous enforcement activities.
Fourth, States would be required, as part of their State land use program, to take action to prevent disruption of local tax base or, where disruption occurs, to assume responsibility for providing adequate local services and for other losses which may occur as a result of the State land use control activity.
Fifth, the amendment would remove support for the "maximum beneficial use" concept as relates to development of large scale subdivisions.
Sixth, the required methods of implementation for the State land-use program would be revised to give States the option of adopting any implementation alternatives necessary to achieve their objectives. As proposed S. 632 requires either direct State land-use planning or full powers of the State to approve or disapprove local action. This would require a huge bureaucracy and, at a minimum, State involvement in every local action relating to land use.
Third. This amendment would provide national land use policy guidelines to assure adequate State land-use programs.
Fourth. This amendment would add further assurance that local finance structures, services, and debt obligations will not be obstructed by any State land use planning activity.
Fifth. This amendment is designed to assure that provisions of other Federal laws and Federal policies are not superceded by this act.
This latter amendment also will assure that State efforts to implement the standards, criteria, emission or effluent limitations, monitoring requirement or implementation plans required by the Clean Air Act, the Federal Water Pollution Control Act or other Federal laws, are not compromised or otherwise made less stringent by this act.
Finally, this amendment protects the right of any State or local government to adopt restrictive controls on land-use development regardless of any of the policies set in this act.
I ask unanimous consent that the amendments be printed in the RECORD. There being no objection, the amendments were ordered to be printed in the RECORD, as follows:
AMENDMENT No. 1521
On page 62, line 17, Strike "Secretary of the Interior" and insert in lieu thereof "President"
On page 63 strike lines 6, 7, and 8 and insert in lieu thereof–
"SEC. 201 (a) The President may perform his responsibilities under this Act through the Office of Land Use Policy Administration established pursuant to this Section.
"(b) There is hereby established in the Executive Office of the President the Office of Land Use Policy Administration (hereinafter referred to as the "Office")."
On page 63, line 9, strike "(b) and insert in lieu thereof "(c) ".
On page 63, beginning at line 15 Strike "Secretary of the Interior (hereinafter referred to as the "Secretary") and insert in lieu thereof "President."
On page 63, line 17, and at each place where it appears thereafter in the bill, strike "Secretary" and insert in lieu thereof "President" in those places where "Secretary" is intended to refer to the Secretary of the Interior.
On page 65, line 23, insert "Interior;" immediately following "Development;"
On page 66, beginning on line 18, strike "and the agency designated pursuant to section 502".
On page 82, between lines 22 and 23 insert the following:
"(6) the Department of the Interior;"
On page 82, beginning at line 23, and continuing to page 83, line 1, redesignate "(6) ", “(7)”, “(8)”, and "(9)”as “(7)” “(8)” and "(10)" respectively.
On page 83, line 15 strike "notify the President, who shall"
On page 83, lines 22 and 23 strike "after notification by the Secretary"
On page 84, lines 2 and 3 strike "after notification by the Secretary"
On page 95, strike lines 21 through 25 and insert in lieu thereof the following:
"(1) take any appropriate and necessary action to minimize such conflict; (2) work with the appropriate Federal agency"
On page 96, line 20, strike "President and the"
On page 101, strike lines 17 through 23 and insert in lieu thereof the following:
"SEC.502(a) The President is authorized to issue guidelines to the Federal agencies to assist them in carrying out the requirements of this Act. He shall submit proposed guidelines to the heads of agencies represented on the Board, and shall consider their comments prior to formal issuance of such guidelines."
On page 102, lines 9 and 10, strike "President and the"
On page 106, line 10, strike "Secretary" and insert in lieu thereof "Executive Office of the President."
On page 106, line 15 strike "Secretary of the Interior" and insert in lieu thereof "Executive Office of the President."
On page 108, strike "Secretary of the Interior" and insert in lieu thereof "President."
On page 108, strike "Department of the Interior" and insert in lieu thereof "Executive Office of the President."
AMENDMENT No. 1522
On page 76, beginning at line 19, strike out all through line 16 on page 78 and insert in lieu thereof the following:
"(b) (1) methods of implementation for(A) assuring that the use and development of land in areas of critical environmental concern within the State is not inconsistent with the State land use program;
(B) assuring that the use of land in areas within the State which are or may be impacted by key facilities including the site location and the location of major improvement and major access features of key facilities is not inconsistent with the State land use program;
(C) assuring that any large-scale subdivisions and other proposed large-scale development within the State of more than local significance in its impact upon the environment is not inconsistent with the state land use program;
(D) assuring adoption and vigorous enforcement of standards, criteria, emission or effluent limitations, monitoring requirements or implementation plans which are no less stringent than the standards, criteria, emission or effluent limitations, monitoring requirements, or implementation plans required by the Federal Water Pollution Control Act, the Clean Air Act or other Federal laws controlling pollution;
(E) preventing any decision made as a result of the State land use program from disrupting the tax base and levels of service of any local government in the state unless the state is able to pay adequate compensation for any losses or assume the costs of providing local services;
(F) periodically revising and updating the State land use program to meet changing conditions; and
(G) assuring dissemination of information to appropriate officials or representatives of local governments and members of the public and their participation in the development of and subsequent revisions in the State land use program and in the formulation of State guidelines, rules, and regulations for the development and administration of the program.
(2) The methods of implementation of clause (1) of this subsection (c) shall be determined by the State.
AMENDMENT No. 1523
On page 78, between lines 17 and 18 insert a new subsection as follows:
"(c) a process to assure that–
(1) no public or private development will be permitted unless, in the process of development, and in the completed project, the development will conform with the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended, as determined by the Administrator of the Environmental Protection Agency;
(2) no industrial, residential, or commercial development shall occur on agricultural land of high productivity, as determined by the Secretary of Agriculture, unless specifically approved by the Governor as necessary to the public health and welfare or to provide adequate housing, that would otherwise be unavailable;
(3) no industrial, residential, or commercial development shall occur that would exceed the capacity of existing systems for power and water supply, waste water treatment and collection, solid waste disposal and resource recovery, or transportation unless such systems are planned for expansion and have financial support adequate to support operation and expansion as necessary to meet the demands of the new development;
(4) redevelopment and improvement of existing communities and other developed areas are favored over industrial, commercial or residential development which will utilize existing agricultural lands, wild areas, woodlands, and other undeveloped areas, and that development contrary to these principles shall be allowed only where it will provide significant and permanent jobs, housing and educational opportunities for low and middle income families;
(5) as determined by the appropriate Federal agencies to the extent possible, no development shall occur on water saturated lands such as marshlands, swamps, bogs, estuaries, salt marshes, and other wetlands without replacement of the ecological values provided by such lands;
(6) except where no alternative exists, there shall be no further commercial, residential or industrial development of flood plains of the navigable waterways in the State;
(7) these responsible for making less permeable or impermeable any portion of the landscape will be required to hold or store runoff water or otherwise control runoff from such lands so that it does not reach natural waterways during storm conditions or times of snow melt;
(8) to the extent possible, upland watersheds will be maintained for maximum natural water retention; and
(9) all private and public forest lands which are leased for timber cutting under compliance with existing statutes shall be harvested in such a way as to avoid any loss in productivity of site, including nutrient and water holding capacities of the site, and take all available precautions to protect the air, water, and soil, of the site and surrounding regions, apart from removal of timber itself.
AMENDMENT No. 1524
On page 82, between lines 7 and 8, insert a new paragraph as follows:
(3) The President shall not make a grant pursuant to this Act until he has determined that the State has a program to prevent any decision made as a result of the State land use program from disrupting the tax base and levels of service of any local government in the State unless the State is able to pay adequate compensation for any losses, assume the cost of providing local services, and assure that any local government debt obligations are met.
AMENDMENT No. 1525
On page 107, lines 10 and 11, strike "except as required to carry out the provisions of this Act".
On page 107, lines 17 and 18, strike "except as required to carry out the provisions of this Act".
On page 107, following line 25, insert the following new subsections:
"(d) to delay or otherwise limit the adoption and vigorous enforcement, by the State, of standards, criteria, emission or effluent limitations, monitoring requirements or implementation plans which are no less stringent than the standards, criteria, emission or effluent limitations, monitoring requirements, or implementation plans required by the Federal Water Pollution Control Act, the Clean Air Act or other Federal laws controlling pollution.
"(e) to adopt any Federal policy or requirement which would prohibit or delay States or local governments from adopting or enforcing any law or regulation which results in prohibition or strict control of land use development in any area over which the State or local government exercises jurisdiction."