[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 748 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 748

 To require the Council on Environmental Quality to conduct a study on 
   urban sprawl and smart growth, and to ensure the consideration by 
     Federal agencies of urban sprawl in the preparation of their 
 environmental reviews under the National Environmental Policy Act of 
                                 1969.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2003

Mr. Udall of Colorado introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To require the Council on Environmental Quality to conduct a study on 
   urban sprawl and smart growth, and to ensure the consideration by 
     Federal agencies of urban sprawl in the preparation of their 
 environmental reviews under the National Environmental Policy Act of 
                                 1969.

    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 ``Urban Sprawl and Smart Growth Study 
Act''.

SEC. 2. FINDINGS.

     The Congress finds as follows:
            (1) Urban sprawl destroys valuable open space, farmland, 
        wildlife, and natural, cultural, scenic, and recreational 
        resources.
            (2) Urban sprawl also leads to costly public expenditures 
        for infrastructure, public schools, and transportation for 
        newly developed areas while causing disinvestment in the urban 
        cores of cities and towns.
            (3) Smart growth can prevent these problems and help 
        enhance the quality of life for everyone.
            (4) Although growth management is primarily a State, 
        tribal, and local responsibility, the effects of Federal 
        actions contributing to or avoiding urban sprawl can be 
        considerable.
            (5) Federal agencies can benefit from additional guidance 
        to improve the use of environmental impact statements and 
        environmental assessments in considering the potential effects 
        of their proposed actions on urban sprawl and smart growth.

SEC. 3. SMART GROWTH STUDY.

    (a) Study Required.--The Council on Environmental Quality shall 
conduct a study of urban sprawl and smart growth that updates and 
builds on the Council's 1974 study entitled ``The Costs of Sprawl'' and 
the Council's 1981 study entitled ``National Agricultural Lands 
Study''.
    (b) Examination of Environmental Impact Statements.--In conducting 
the study, the Council shall select and examine a variety of 
environmental impact statements and environmental assessments by a 
minimum of 15 Federal agencies, that were completed after 1995 for land 
and facility management, transportation and infrastructure, and 
regulatory and development assistance programs, including rural, urban, 
and tribal assistance.
    (c) Public Participation.--The Council shall provide opportunities 
for public participation in the study, including by--
            (1) conducting public meetings in at least 5 cities that, 
        as determined by the Council, are each located--
                    (A) in a different region of the United States; and
                    (B) in an area that is experiencing an increase in 
                urban sprawl;
            (2) making electronically accessible to the public 
        information on the study and related documents; and
            (3) holding discussions with Federal, State, and local 
        government personnel and representatives of Indian tribes 
        involved in the process of formulating environmental impact 
        statements and environmental assessments.
    (d) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Council shall submit a report to the 
Committee on Resources of the House of Representatives and the 
Committee on Environment and Public Works of the Senate describing the 
results of the study, including the following:
            (1) Findings of the Council concerning the economic, 
        environmental, and land use effects of urban sprawl, such as 
        those relating to energy, transportation, housing, schools, 
        small business, Government facilities and military 
        installations, public lands and forests, parks and recreation, 
        agriculture and rural landscapes, air and water, and natural, 
        scenic, and cultural resources.
            (2) Recommendations for improving environmental reviews by 
        Federal agencies to more adequately address urban sprawl.
            (3) Recommendations for nonregulatory actions that may be 
        taken by Federal agencies to--
                    (A) assist States and local communities in efforts 
                to promote the beneficial effects of smart growth; and
                    (B) minimize actions by the agencies that result in 
                adverse effects of urban sprawl.
    (e) Participation of Other Agencies.--In carrying out this section, 
the Council should seek the participation of other Federal agencies.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Council $300,000 for the purpose of carrying out 
this section, in addition to any other amounts that are available for 
such purpose.

SEC. 4. NOTIFICATION, CONSULTATION, AND CONSIDERATION OF EFFECTS BEFORE 
              DETERMINING WHETHER TO PREPARE AN ENVIRONMENTAL IMPACT 
              STATEMENT.

    (a) Notice and Comment.--In preparing an environmental assessment 
for a proposed Federal action and before determining whether to prepare 
an environmental impact statement for the action, the head of a Federal 
agency shall--
            (1) publish notice of the action in the Federal Register 
        and local newspapers of general circulation;
            (2) directly notify persons that may be affected by the 
        proposed Federal action, including each State government, local 
        government, Indian tribe, low-income or minority community, and 
        property owner that may be so affected;
            (3) conduct discussions with such persons on the proposed 
        action and its alternatives; and
            (4) seek to address and resolve such persons' concerns, if 
        any.
    (b) Consideration of Request for Environmental Impact Statement.--
If the Governor of a State or the head of a local government or Indian 
tribe referred to in subsection (a)(1) submits in writing to the head 
of the Federal agency a statement that the proposed Federal action will 
result in urban sprawl significantly affecting the quality of the human 
environment and a request for preparation of an environmental impact 
statement for the proposed Federal action, the head of the Federal 
agency shall give great weight to the request in determining whether to 
prepare an environmental impact statement for the proposed Federal 
action.
    (c) Publication of Environmental Assessment.--If, after receiving a 
written statement and request for an environmental impact statement 
under subsection (b) for a proposed Federal action, the head of a 
Federal agency determines that the environmental impact statement is 
not required by section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)), the agency head shall--
            (1) include in an environmental assessment for the action 
        an explanation of why the proposed action will not result in 
        urban sprawl significantly affecting the quality of the human 
        environment;
            (2) provide public notice of the availability of the 
        assessment in the Federal Register and local newspapers of 
        general circulation; and
            (3) transmit a copy of the assessment to the Council on 
        Environmental Quality.
    (d) Urban Sprawl.--The head of a Federal agency shall include in an 
environmental impact statement requested pursuant to subsection (b), 
for each alternative included in the statement under section 
102(2)(C)(iii) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)(iii)), an analysis of the environmental effects of 
the action on urban sprawl.

SEC. 5. DEFINITIONS.

     For purposes of this Act:
            (1) Council.--The term ``Council'' means the Council on 
        Environmental Quality.
            (2) Environmental assessment.--The term ``environmental 
        assessment'' has the meaning given to that term in section 
        1508.9 of title 40, Code of Federal Regulations, as in effect 
        on the date of the enactment of this Act.
            (3) Environmental impact statement.--The term 
        ``environmental impact statement'' means a detailed written 
        statement under section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
            (4) Indian tribe.--The term ``Indian tribe'' means any 
        Indian tribe, band, nation, pueblo, or other organized group or 
        community, including any Alaska Native village or regional 
        corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act, that is recognized as eligible 
        for the special programs and services provided by the United 
        States to members of the Indian tribe because of their status 
        as members.
            (5) Urban sprawl.--The term ``urban sprawl''--
                    (A) means any change in the pattern of the use of 
                land outside of an urban center that results in a 
                relatively dispersed form of residential or commercial 
                development; and
                    (B) includes any such change that--
                            (i) may result in loss of open space, 
                        farmland, rural landscapes, wildlife, or 
                        natural, cultural, scenic, or recreational 
                        resources; or
                            (ii) may result in high public costs for 
                        infrastructure, public facilities, or 
                        transportation and lead to disinvestment in 
                        older urban or suburban areas.
            (6) Smart growth.--The term ``smart growth'' means policies 
        regarding growth and development that--
                    (A) recognize the effects of new growth and 
                development, including the environmental, economic, and 
                social costs described in paragraph (5)(B); and
                    (B) attempt to mitigate those effects in advance so 
                as to avoid or reduce them.
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