I
107TH CONGRESS
1ST SESSION
H. R. 1739
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 environ-
mental reviews under the National Environmental Policy Act of 1969.
IN THE HOUSE OF REPRESENTATIVES
MAY 3, 2001
Mr. UDALL of Colorado introduced the following bill; which was referred to
the Committee on Resources, and in addition to the Committee on En-
ergy and Commerce, 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 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 Representa-
tives 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 ex-
penditures for infrastructure, public schools, and
transportation for newly developed areas while caus-
ing 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 con-
sidering the potential effects of their proposed ac-
tions on urban sprawl and smart growth.
SEC. 3. SMART GROWTH STUDY.
(a) STUDY REQUIRED.—The Council on Environ-
mental 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 Coun-
cil’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 in-
frastructure, and regulatory and development assistance
programs, including rural, urban, and tribal assistance.
(c) PUBLIC PARTICIPATION.—The Council shall pro-
vide opportunities for public participation in the study, in-
cluding by—
(1) conducting public meetings in at least 5 cit-
ies 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 in-
crease in urban sprawl;
(2) making electronically accessible to the pub-
lic 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 eco-
nomic, environmental, and land use effects of urban
sprawl, such as those relating to energy, transpor-
tation, 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 environ-
mental reviews by Federal agencies to more ade-
quately 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 car-
rying out this section, the Council should seek the partici-
pation 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. COMMENTS ON URBAN SPRAWL.
In any written comment prepared under section 309
of the Clean Air Act (42 U.S.C. 7609) for any matter con-
tained in any proposed legislation, Federal project, Fed-
eral agency action, or proposed regulation described in
clause (1), (2), or (3) of subsection (a) of that section,
the Administrator of the Environmental Protection Agen-
cy shall address the impact of the matter on urban sprawl.
SEC. 5. NOTIFICATION, CONSULTATION, AND CONSIDER-
ATION OF EFFECTS BEFORE DETERMINING
WHETHER TO PREPARE AN ENVIRONMENTAL
IMPACT STATEMENT.
(a) NOTICE AND COMMENT.—In preparing an envi-
ronmental assessment for a proposed Federal action and
before determining whether to prepare an environmental