I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Urban Sprawl and 

5 Smart Growth Study Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 

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1 (1) Urban sprawl destroys valuable open space, 

2 farmland, wildlife, and natural, cultural, scenic, and 

3 recreational resources. 

4 (2) Urban sprawl also leads to costly public ex5 penditures for infrastructure, public schools, and 

6 transportation for newly developed areas while caus7 ing disinvestment in the urban cores of cities and 

8 towns. 

9 (3) Smart growth can prevent these problems 

10 and help enhance the quality of life for everyone. 

11 (4) Although growth management is primarily a 

12 State, tribal, and local responsibility, the effects of 

13 Federal actions contributing to or avoiding urban 

14 sprawl can be considerable. 

15 (5) Federal agencies can benefit from additional 

16 guidance to improve the use of environmental impact 

17 statements and environmental assessments in con18 sidering the potential effects of their proposed ac19 tions on urban sprawl and smart growth. 

20 SEC. 3. SMART GROWTH STUDY. 

21 (a) STUDY REQUIRED.—The Council on Environ22 mental Quality shall conduct a study of urban sprawl and 

23 smart growth that updates and builds on the Council’s 

24 1974 study entitled ‘‘The Costs of Sprawl’’ and the CounVerDate jul 14 2003 14:07 Aug 27, 2003 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H748.IH H748
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1 cil’s 1981 study entitled ‘‘National Agricultural Lands 

2 Study’’. 

3 (b) EXAMINATION OF ENVIRONMENTAL IMPACT

4 STATEMENTS.—In conducting the study, the Council shall 

5 select and examine a variety of environmental impact 

6 statements and environmental assessments by a minimum 

7 of 15 Federal agencies, that were completed after 1995 

8 for land and facility management, transportation and in9 frastructure, and regulatory and development assistance 

10 programs, including rural, urban, and tribal assistance. 

11 (c) PUBLIC PARTICIPATION.—The Council shall pro12 vide opportunities for public participation in the study, in13 cluding by—

14 (1) conducting public meetings in at least 5 cit15 ies that, as determined by the Council, are each lo16 cated—

17 (A) in a different region of the United 

18 States; and 

19 (B) in an area that is experiencing an in20 crease in urban sprawl; 

21 (2) making electronically accessible to the pub22 lic information on the study and related documents; 

23 and 

24 (3) holding discussions with Federal, State, and 

25 local government personnel and representatives of 

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1 Indian tribes involved in the process of formulating 

2 environmental impact statements and environmental 

3 assessments. 

4 (d) REPORT.—Not later than 18 months after the 

5 date of the enactment of this Act, the Council shall submit 

6 a report to the Committee on Resources of the House of 

7 Representatives and the Committee on Environment and 

8 Public Works of the Senate describing the results of the 

9 study, including the following: 

10 (1) Findings of the Council concerning the eco11 nomic, environmental, and land use effects of urban 

12 sprawl, such as those relating to energy, transpor13 tation, housing, schools, small business, Government 

14 facilities and military installations, public lands and 

15 forests, parks and recreation, agriculture and rural 

16 landscapes, air and water, and natural, scenic, and 

17 cultural resources. 

18 (2) Recommendations for improving environ19 mental reviews by Federal agencies to more ade20 quately address urban sprawl. 

21 (3) Recommendations for nonregulatory actions 

22 that may be taken by Federal agencies to—

23 (A) assist States and local communities in 

24 efforts to promote the beneficial effects of 

25 smart growth; and 

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1 (B) minimize actions by the agencies that 

2 result in adverse effects of urban sprawl. 

3 (e) PARTICIPATION OF OTHER AGENCIES.—In car4 rying out this section, the Council should seek the partici5 pation of other Federal agencies. 

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Council $300,000 

8 for the purpose of carrying out this section, in addition 

9 to any other amounts that are available for such purpose. 

10 SEC. 4. NOTIFICATION, CONSULTATION, AND CONSIDER11 ATION OF EFFECTS BEFORE DETERMINING 

12 WHETHER TO PREPARE AN ENVIRONMENTAL 

13 IMPACT STATEMENT. 

14 (a) NOTICE AND COMMENT.—In preparing an envi15 ronmental assessment for a proposed Federal action and 

16 before determining whether to prepare an environmental 

17 impact statement for the action, the head of a Federal 

18 agency shall—

19 (1) publish notice of the action in the Federal 

20 Register and local newspapers of general circulation; 

21 (2) directly notify persons that may be affected 

22 by the proposed Federal action, including each State 

23 government, local government, Indian tribe, low-in24 come or minority community, and property owner 

25 that may be so affected; 

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1 (3) conduct discussions with such persons on 

2 the proposed action and its alternatives; and 

3 (4) seek to address and resolve such persons’ 

4 concerns, if any. 

5 (b) CONSIDERATION OF REQUEST FOR ENVIRON6 MENTAL IMPACT STATEMENT.—If the Governor of a State 

7 or the head of a local government or Indian tribe referred 

8 to in subsection (a)(1) submits in writing to the head of 

9 the Federal agency a statement that the proposed Federal 

10 action will result in urban sprawl significantly affecting 

11 the quality of the human environment and a request for 

12 preparation of an environmental impact statement for the 

13 proposed Federal action, the head of the Federal agency 

14 shall give great weight to the request in determining 

15 whether to prepare an environmental impact statement for 

16 the proposed Federal action. 

17 (c) PUBLICATION OF ENVIRONMENTAL ASSESS18 MENT.—If, after receiving a written statement and re19 quest for an environmental impact statement under sub20 section (b) for a proposed Federal action, the head of a 

21 Federal agency determines that the environmental impact 

22 statement is not required by section 102(2)(C) of the Na23 tional Environmental Policy Act of 1969 (42 U.S.C. 

24 4332(2)(C)), the agency head shall—

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1 (1) include in an environmental assessment for 

2 the action an explanation of why the proposed action 

3 will not result in urban sprawl significantly affecting 

4 the quality of the human environment; 

5 (2) provide public notice of the availability of 

6 the assessment in the Federal Register and local 

7 newspapers of general circulation; and 

8 (3) transmit a copy of the assessment to the 

9 Council on Environmental Quality. 

10 (d) URBAN SPRAWL.—The head of a Federal agency 

11 shall include in an environmental impact statement re12 quested pursuant to subsection (b), for each alternative 

13 included in the statement under section 102(2)(C)(iii) of 

14 the National Environmental Policy Act of 1969 (42 U.S.C. 

15 4332(2)(C)(iii)), an analysis of the environmental effects 

16 of the action on urban sprawl. 

17 SEC. 5. DEFINITIONS. 

18 For purposes of this Act: 

19 (1) COUNCIL.—The term ‘‘Council’’ means the 

20 Council on Environmental Quality. 

21 (2) ENVIRONMENTAL ASSESSMENT.—The term 

22 ‘‘environmental assessment’’ has the meaning given 

23 to that term in section 1508.9 of title 40, Code of 

24 Federal Regulations, as in effect on the date of the 

25 enactment of this Act. 

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1 (3) ENVIRONMENTAL IMPACT STATEMENT.—

2 The term ‘‘environmental impact statement’’ means 

3 a detailed written statement under section 102(2)(C) 

4 of the National Environmental Policy Act of 1969 

5 (42 U.S.C. 4332(2)(C)). 

6 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

7 means any Indian tribe, band, nation, pueblo, or 

8 other organized group or community, including any 

9 Alaska Native village or regional corporation as de10 fined in or established pursuant to the Alaska Na11 tive Claims Settlement Act, that is recognized as eli12 gible for the special programs and services provided 

13 by the United States to members of the Indian tribe 

14 because of their status as members. 

15 (5) URBAN SPRAWL.—The term ‘‘urban 

16 sprawl’’—

17 (A) means any change in the pattern of 

18 the use of land outside of an urban center that 

19 results in a relatively dispersed form of residen20 tial or commercial development; and 

21 (B) includes any such change that—

22 (i) may result in loss of open space, 

23 farmland, rural landscapes, wildlife, or nat24 ural, cultural, scenic, or recreational re25 sources; or 

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1 (ii) may result in high public costs for 

2 infrastructure, public facilities, or trans3 portation and lead to disinvestment in 

4 older urban or suburban areas. 

5 (6) SMART GROWTH.—The term ‘‘smart 

6 growth’’ means policies regarding growth and devel7 opment that—

8 (A) recognize the effects of new growth 

9 and development, including the environmental, 

10 economic, and social costs described in para11 graph (5)(B); and 

12 (B) attempt to mitigate those effects in ad13 vance so as to avoid or reduce them.

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