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“H.R. 1433, THE COMMUNITY CHARACTER ACT” mentioning the U.S. Dept. of Commerce was published in the House of Representatives section on pages H1494 on April 23, 2002.
The publication is reproduced in full below:
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A key reason for the Community Character Act and a primary obstacle to State comprehensive planning stems from the outdated statutes in place at the State level.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.
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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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