[Congressional Record (Bound Edition), Volume 148 (2002), Part 4]
[House]
[Page 5299]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 H.R. 1433, THE COMMUNITY CHARACTER ACT

  The SPEAKER pro tempore. Pursuant to the order of the House of 
January 23, 2002, the gentleman from Oregon (Mr. Blumenauer) is 
recognized during morning hour debates for 5 minutes.
  Mr. BLUMENAUER. Mr. Speaker, as we deal with global issues that at 
times threaten to overwhelm us, there are issues here at home that we 
can get our arms around that deal with the quality of life, one being 
the consequence of unplanned growth and development right here in our 
neighborhood. Some call it sprawl; others call it dumb growth. The 
facts are that many Americans are increasingly frustrated by the 
consequences of haphazard development and a failure to balance the 
needs of individuals, businesses, and the natural environment and the 
activities that impact on people's lives now.
  I have worked with the American Planning Association and a bipartisan 
group of Members of Congress in both Chambers to produce the Community 
Character Act, legislation which would provide incentives and resources 
to assist communities, cities, and States to develop appropriate 
responses.
  Recently, this legislation came under attack by the administration. 
The Secretary of Housing and Urban Development, Mel Martinez, stated 
that the proposed legislation would ``infringe on the rights of local 
and State governments to manage their growth.''
  He went on to say that it ``sets a dangerous precedent to make the 
Secretary of HUD, Commerce or Agriculture the land use arbiter with the 
power to usurp the local government's authority.'' It is clear that the 
Secretary and his staff have not analyzed this bill. Indeed, they have 
appeared not to have read it at all.
  A key reason for the Community Character Act and a primary obstacle 
to State comprehensive planning stems from the outdated statutes in 
place at the State level. Roughly half the States rely on a model of 
land use planning legislation that was created by the Department of 
Commerce over 70 years ago. The transformation of America's landscape 
and settlement patterns since the 1920s has changed drastically. 
Updating State plans are necessary to create the framework that will 
allow the States to address the modern world and adequately plan for 
the future.
  The Community Character Act directly responds to the widespread 
concerns of citizens and local governments on this issue. In 1999, 
approximately 1,000 land-use reform bills were introduced in 
legislatures across the country.

                              {time}  1300

  On Election Day 2000, there were over 550 State and local ballot 
measures related to land use planning and development issues. Over 70 
percent of them passed.
  A recent survey indicated that 78 percent of the voters believe that 
it is important for this Congress to help communities solve problems 
associated with urban growth. More than 75 percent of the voters think 
Congress should provide incentives, funding, and other resources to 
help with livability.
  Our bill provides grants for the States to help do their work. It 
does not dictate a one-size-fits-all approach, but rather, recognizes 
that each State is unique and wants its own approach. What is important 
is that the States take an approach. The bill would reward them for 
moving forward.
  It is true that one size does not fit all, and that is precisely why 
this legislation does not mandate any particular action by the State or 
local level. It instead provides an incentive for States to address the 
issues that most directly affect their prosperity and well-being, such 
as promoting sustainable development in economic and social equity; 
coordinating transportation, housing, education, and other 
infrastructure development; and conserving historic resources and the 
environment.
  We all have a stake in this effort, and the Federal Government has a 
critical role to play. Our Federal Government has been involved in land 
use issues since the beginning of the Republic, when we took land away 
from the Native Americans and gave it to Europeans to farm, and in 
building our Nation's transportation infrastructure of ports, roads, 
railroads, canals, the air system, the Internet highway system. Those 
were all Federal initiatives.
  It sets the rules, like for wetlands development; and then there is 
the Clean Air Act, the Clean Water Act, the Endangered Species Act, 
that all have a profound effect on Americans and on how we use our 
land.
  But most important, the Federal Government is the largest landlord, 
landowner, and employer in this great country. Instead of creating 
conflicts that do not exist, the Federal Government needs to do three 
simple things: It needs to be a better steward of our own lands; it 
needs to follow the same rules that we ask the rest of America to 
follow in dealing with their land; and finally, it needs to be a better 
partner with State and local governments across the country.
  Together with the Federal Government as a partner with the private 
sector, State and local governments, and individual communities, we can 
make our communities more livable, where our families are safer, 
healthier, and more economically secure.
  I strongly urge the administration and my colleagues to support the 
Community Character Act to help get us there.

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