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.

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 Energy 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

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. 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 contained in any proposed legislation, Federal project, Federal agency action, or proposed regulation described in clause (1), (2), or (3) of subsection (a) of that section, the Administrator of the Environmental Protection Agency shall address the impact of the matter on urban sprawl.

SEC. 5. 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, and private 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 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. 6. 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.

END