1 2 3 4 5 6 7 བ 8 9 10 11 12 13 11 and administration of a land use program in the State, and a competent and adequate interdisciplinary, professional and technical staff, (2) an advisory council which participates in the development of the State land use program and consults, reviews, and comments on the State land use program, and includes elected officials of general purpose local government (including elected officials serving on the governing bodies of regional organizations of general purpose local governments which organizations are responsible for regional planning and coordination), and representatives of agricultural districts, including soil conservation districts where applicable. 14 Each State may designate the agency participating in pro15 grams pursuant to section 701 of the Housing Act of 1954 16 (40 U.S.C. 461) and, where such State is a coastal State, 17 the agency participating in programs pursuant to the Coastal 18 Zone Management Act of 1972 (42 U.S.C. 1451 and fol19 lowing), as the State land use planning agency required by 20 this subsection. 21 22 (b) The Secretary is authorized to make additional 22 grants to the States for the purpose of developing, under a 23 State land use program, procedures to simplify the process24 ing of permits, licenses, and other governmental decisions 25 which are prerequisites to proposed development activities. 12 1 (c) Before making a second annual grant under sub2 section (a), the Secretary shall determine that the grant 3 will be used to develop a program to meet the requirements 4 of this Act, that the State has established methods to in5 ventory its land and water resources pursuant to section 6 302 (a), and has established methods for involving local 7 governments and the public in the development and imple8 mentation of its land use program. 10 SEC. 202. (a) Before making a grant to any State, the 11 Secretary shall consider the views and recommendations of 12 all Federal agencies which conduct or participate in construc13 tion, development, assistance, or regulatory programs signifi14 cantly affecting land use in the State. 15 (b) The Secretary shall determine the eligibility of a 16 State for a grant under this title not later than three months 17 following receipt of the State's application for its grant. 18 (c) No State shall be eligible for any grant under sec19 tion 201 after the third annual grant under such section 20 unless the Secretary determines that the State land use 21 program meets the requirements of title III. 22 (d) Each State receiving grants under this title shall 23 submit periodic reports on work completed and scheduled 24 and such other information as the Secretary may request. 1 2 13 APPEAL PROCEDURE SEC. 203. (a) Any State which receives notice that the 3 Secretary had determined that the State is ineligible for 4 grants, or, having found a State eligible for such grants sub5 sequently has determined to withdraw such eligibility may, 6 within sixty days after receiving such notice, file with the 7 United States court of appeals for the circuit in which such 8 State is located or in the United States Court of Appeals for 9 the District of Columbia, a petition for review of the Sec10 retary's action. The petitioner forthwith shall transmit copies 11 of the petition to the Secretary and the Attorney General of 12 the United States, who shall represent the Secretary in the 13 litigation. 14 (b) The Secretary shall file in the court the record of 15 the proceedings on which he based his action, as provided in 16 section 2112 of title 28, United States Code. No objection to 17 the action of the Secretary shall be considered by the court 18 unless such objection has been urged before the Secretary. (c) The court shall have jurisdiction to affirm or modify 20 the action of the Secretary or to set it aside in whole or in 21 part. The court may order additional evidence to be taken by 22 the Secretary and to be made part of the record. 19 23 (d) Upon the filing of the record with the court, the 24 jurisdiction of the court shall be exclusive and its judgment 25 shall be final, except that such judgment shall be subject to 14 1 review by the Supreme Court of the United States upon writ 2 of certiorari or certification as provided in section 1254 of 3 title 28. United States Code. 4 5 IMPLEMENTATION OF STATE LAND USE PROGRAMS SEC. 204. (a) In implementing its land use program, a 6 State may utilize 7 8 9 10 11 12 13 14 (1) direct State land use planning and regulation, (2) action of general purpose local governments under criteria and standards established by the State and subject to State administrative review with State. authority to disapprove the implementation whenever it fails to meet such criteria and standards, or (3) a combination of these two techniques. (b) The allocation of responsibility between the State 15 government and its political subdivisions for the develop16 ment and implementation of the State land use program 17 shall be determined by State law. States are encouraged to 18 utilize general purpose local governments to implement the 19 State land use program and to utilize general purpose 20 local governments, including regional units, for planning, 21 review, and coordination purposes as to the regional impli22 cations of local plans and implementation programs. Wher23 ever possible, States are encouraged to designate for purposes 24 of review and comment the areawide entity designated pur25 suant to title II of the Demonstration Cities and Metropolitan 25 15 1 Development Act of 1966 (42 U.S.C. 3331 and following) 2 or title IV of the Intergovernmental Cooperation Act of 3 1968 (42 U.S.C. 4201 and following; 40 U.S.C. 531 and 4 following). 5 INDIAN RESERVATION AND OTHER TRIBAL LANDS 6 SEC. 205. (a) The Secretary is authorized and di 7 rected to appoint a task force group to investigate and 8 study and report to him concerning 9 10 11 122 13 14 (1) the need for a grant program providing for land use planning by Indian tribes for Indian reservation and other tribal lands, and (2) if the group determines that such a need exists, the form of such program. (b) The task force group shall include representatives 15 of concerned Federal agencies, State and local governments, 16 and the Indian tribal community. 17 19 (c) In addition to per diem and travel expenses, the 18 representatives of the State and local governments and the Indian tribal community shall be compensated at a rate 20 not to exceed $100 per day when actually on the business 21 of the task force group. Federal representatives shall serve 22 without compensation. 23 (d) In determining the need for such a program, the 24 task force group shall identify and describe Indian lands and 25 their characteristics, and compile data relating to the re |