Sustainable Development: Sustaining Nothing, Losing Everything

Toogood Reports ^ | June 20, 2002 | Tom DeWeese

[Stand Watch Listen]

A new catch phrase, "Sustainable Development", has crept into discussions of the most fundamental right Americans have, the right to own property. It is essential to all other liberties and our economy. It is protected by the US Constitution. That protection is about to be lost if "The Community Character Act" is passed.

"The Community Character Act" is a homeowner's association on steroids. It sustains nothing and takes from every American their birthright of freedom.

What is Sustainable Development? Imagine an America in which a single, specific ruling principle is created to decide proper societal conduct for every citizen. That principle would be used to consider everything you eat, what you wear, the kind of home in which you live, the way you get to work, the way you dispose of waste, the number of children you may have, even your education and employment decisions.

On June 29, 1993, former President Bill Clinton issued Executive Order #12852 to create the President's Council on Sustainable Development. Sustainable Development calls for changing the very infrastructure of the nation away from private ownership and control of property to nothing short of a national zoning system.

Locally elected officials will no longer be the single driving force in making decisions for their communities. Rules will be made behind the scenes in non-elected "sustainability councils" armed with truckloads of federal regulations, guidelines and money.

According to Sustainable Development policies, air conditioning, convenience foods, single-family housing and cars are among the products that have already been determined to be unsustainable. Under such a system, the federal government, backed by an army of private, non-governmental organizations (NGOs), like the Sierra Club, Planned Parenthood, and the National Education Association will influence, if not dictate, policy in state governments and in local communities.

Sustainable Development is nothing but pure Socialism in a Green cloak. Too many Conservatives throughout the nation are either falling for the deception or ignoring it. This is the current crisis of the Conservative movement.

Until now, the congress has not passed specific legislation to impose Sustainable Development. Legislation is supposed to be openly debated and fully aired before voted upon and implemented as the law of the land. Those who are driving these policies understand that if the general public fully understood sustainable development there would be very little chance of implementation.

The Community Character Act (S.975), and its counterpart in the House of Representatives (H.R.1433), is the legislation that will legalize enforcement of Sustainable Development in every community in the nation. The bill requires local governments to implement land-management plans using guidelines outlined in a federal document called the "Smart Growth Legislative Guidebook." This publication was developed with $2 million provided by the Clinton Administration to "guide" counties, cities and towns on how to "update their local zoning."

The Community Character Act offers grants to communities that will pay up to 90% of the costs for localities to "update" their zoning, but only if they do it the way the federal government dictates. The Community Character Act requires localities to "conserve historic, scenic, natural and cultural resources." These are euphemisms that mean more land grabs and fewer places where people can freely go about their daily lives. It means planned economies, restricted housing, and diminished use of cars. It means government control of property. The bill contains not a single mention of private-property rights protection.

The Community Character Act demands that communities "integrate local land-use plans with Federal land-use plans." That means local wants and needs, local problems, and local culture will be ignored---wiped away---as the entire nation is homogenized into one, unhappy colorless, controlled Big Brotherhood.

Having conditioned Americans to believe that property values are more important than property rights, the effort is now being made to deprive Americans of those rights. Once that is achieved, the objectives of Communism will have been instituted in America. Homeowners and other owners of property in America will be reduced solely to people whose only right is to pay taxes on their property. They will have no right to determine what they may do with it.

[MissAmericanPie]

Right out of the United Nations play book.

[walden]

I just finished reading "The Skeptical Environmentalist", and I have come to the conclusion that the entire environmental movement is dishonest, and much of it is evil. Like this policy-- the entire thing is profoundly undemocratic.

[George Frm Br00klyn Park]

"Homeowners and other owners of property in America will be reduced solely to people whose only right is to pay taxes on their property. They will have no right to determine what they may do with it."

Guys, Another reason to outlaw that rent we pay to the state on property we already own in the name of property taxes. Peace and love, George.

[E Rocc]

Sustainable Development is nothing but pure Socialism in a Green cloak. Too many Conservatives throughout the nation are either falling for the deception or ignoring it. This is the current crisis of the Conservative movement.

Advocates of this are called "watermelons", green on the outside, bright pink on the insides.

IMO, some conservatives fail to attack this sort of modell because they want the same perogatives for themselves. Just because their objectives are neo-puritan rather than neo-socialist doesn't make it any less statist.

-Eric

[stevio]

This is a tough situation. Here in eastern Pa., a $30,000,000 bond was passed (70%/30%) to buy open space and improve parks. The promotion of it was so vague, it left everyone to think of it as a utopia. The cost to us is at least $50/person a year!
People here are desperate to stop the flood of over taxed New Jerseians and city dwellers to the open farmlands. It's a damned if you do, damned if you don't situation.

[m1911]

S.975, from thomas:

S 975 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.

[m1911]

Community Character Act of 2001 (Introduced in House)

HR 1433 IH

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 organizations 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 Services, 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 concerned

---

A BILL

To authorize the Secretary of Housing and Urban Development 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 effective urban development, improved quality of life, regionalism, sustainable economic development, and environmental stewardship, 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.

The Congress finds the following:

(1) Inadequate land use planning at the State level contributes to increased public and private capital costs for infrastructure development, loss of community character, and environmental degradation.

(2) Although land use planning is rightfully within the jurisdiction of State and local governments, 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 planning legislation, and many States are undertaking efforts to update and reform the legislation.

(5) Efforts to coordinate State and regional investments with local plans require additional planning at the State level.

(6) Housing is a critical component of sustainable 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 governments should support the efforts of tribal governments and Native Hawaiian organizations to implement 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 program to provide grants to States for the purpose of assisting in--

(1) as a first priority, the development or revision of land use planning legislation in those States that have inadequate or outmoded land use planning legislation;

(2) the creation or revision of State comprehensive land use plans or plan elements in those States that have previously updated land use planning legislation; and

(3) the development or revision of comprehensive 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 submit 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 planning 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 development and to provide for resource sustainability, land use plans are created based on multi-jurisdictional 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 responsibilities 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 development and social equity;

(B) enhance community character;

(C) coordinate transportation, housing, education, and other infrastructure development;

(D) conserve historic resources, scenic resources, and the environment;

(E) sustainably manage natural resources; and

(F) provide for a range of housing options, including provisions that promote and accommodate housing affordability.

(5) UPDATING- Land use plans are routinely updated.

(6) STANDARDS- Land use plans reflect an approach that is consistent with established professional 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 planning programs and requirements relating to the development of State guide plans;

(3) conducting workshops, educating and consulting 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 paragraph (2), the Federal share of a project funded with a grant under subsection (a) shall not exceed 90 percent.

(2) INCREASED FEDERAL SHARE- The Secretary 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 infrastructure 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 recommendations made in connection with the audits shall be taken into consideration in awarding any future 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 statute, regulation, executive order or other action taken by a State to guide, regulate, and assist in the planning, 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 Business 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 officer of the State whose principal responsibility is the drafting and updating of State guide plans or guidance 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 Indian 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.

[Lowcountry]

Thanks for the post. I am a developer here in SC and I can tell you from first hand experience that this "Sustainable Development" movement is nothing short of Marxism in drag. Every time I go before a planning committee or Zoning Board I am verbally attacked by the rent-a-mob groups that come out to council meetings like frat boys at a free beer party. Whenever I hear the word "sustainable", I know I'm up against a left-wing prolitarian seeking free access to my property.

Folks, this is a real problem that will eventually reach deep within our capitalistic system like a cancer. As long as busybodies continue to use government to stop people who annoy them, we will lose every freedom we ever enjoyed.

[Stand Watch Listen]

Thanks for post both the House/Senate Bills...appreciate it.

[hedgetrimmer]

This is such SCARY stuff. We must stop sustainable EVERYTHING. We are at work in our area showing farmers that sustainable agriculture means they are TENANTS on the land and can't own it. Most find it hard to believe, and so many federal agencies are pushing it, EPA, Fish and Wildlife, Dept of Agriculture, California's CEREs, they all think its legitimate. What people don't realize this marxist garbage is now DEEPLY embedded in our state and federal codes and laws. Its so depressing, how can we ever clean our laws of this anti-constutitional marxist garbage?

[lodwick]

bttt

[dennisw]

Where I live some unnecessary sidewalks were put in because the Feds paid 90% and the goofs running the local government claimed we would get stuck paying the entire sidewalk bill if we didn’t act now. That down the road these sidewalks would be required under evolving Federal regulations. I was amazed to find out the Feds are concerned about sidewalks.

Really a symptom of far too much tax money being sent to Washington that is then doled out back to us provided we jump through their hoops. Federal government is really the most bloated and wasteful government around. Just look at that half-wit lady forestry agent who set the Colorado fire. And the federal biologists who planted lynx hair to make a phony protected habitat......and were never penalized of course.

What a central government should be doing (homeland defense, immigration) they do poorly while they meddle in all kinds of state and local affairs.

[Willie Green]

Another reason to outlaw that rent we pay to the state on property we already own in the name of property taxes.

Property taxes and zoning laws are necessary powers to be granted to government. However, due to the potential for abuse, those powers should be restricted to that level of government most responsive to the will of the property owners affected: LOCAL government.

To the extent that other bureacrats in broader positions of government attempt to usurp this power from local representatives, they should be subject to harsh personal punishment, up to, and including, imprisonment.

[m1911]

No problem, I always like to work from the actual wording where possible.

[Tailgunner Joe]

bttt