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“TERMINATING CERTAIN EASEMENTS IN CASEYVILLE, ILLINOIS” mentioning the U.S. Dept of Agriculture was published in the House of Representatives section on pages H9514 on Sept. 15, 2009.
The publication is reproduced in full below:
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TERMINATING CERTAIN EASEMENTS IN CASEYVILLE, ILLINOIS
Mr. HOLDEN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 511) to authorize the Secretary of Agriculture to terminate certain easements held by the Secretary on land owned by the Village of Caseyville, Illinois, and to terminate associated contractual arrangements with the Village.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 511
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. TERMINATION OF NRCS EASEMENTS AND ASSOCIATED
CONTRACTUAL ARRANGEMENTS, VILLAGE OF
CASEYVILLE, ILLINOIS.
(a) Termination Authorized.--The Secretary of Agriculture may terminate any easement held by the Secretary on land owned by the Village of Caseyville, Illinois, and terminate associated contractual arrangements with the Village.
(b) Consideration.--As consideration for the termination of an easement and associated contractual arrangements under subsection (a), the Village of Caseyville, Illinois, shall enter into such compensatory arrangements with the Secretary as determined to be appropriate by the Secretary.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Pennsylvania (Mr. Holden) and the gentleman from Oklahoma (Mr. Lucas) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. HOLDEN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on this bill.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Pennsylvania?
There was no objection.
Mr. HOLDEN. Mr. Speaker, I yield myself such time as I may consume.
H.R. 511 would provide a limited authorization regarding the administration of a flood plain easement in the village of Caseyville, Illinois. The village of Caseyville and the United States Department of Agriculture executed a warranty easement deed in 1999 under the Emergency Watershed Protection Program. However, differences in approach on how to best protect and restore the flood plain led Caseyville to seek termination of the easement, including paying back the entire easement purchase price of $60,000 to the United States Department of Agriculture.
Mr. Speaker, H.R. 511 would allow the National Resource Conservation Service the flexibility to release the terms of the easement so that the village can use the land for flood prevention. This bill passed the House Agriculture Committee by voice vote earlier this year, and I encourage my colleagues to support it today.
I reserve the balance of my time.
Mr. LUCAS. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 511. This bill will allow the Secretary of Agriculture to terminate certain flood easements in the village of Caseyville, Illinois, in return for compensation. Termination of easements is essential for flood protection projects in Caseyville. This bill has passed the House Agriculture Committee with no opposition. I ask my colleagues to support this legislation.
Mr. COSTELLO. Mr. Speaker, I rise today in support of H.R. 511, a bill I introduced to correct a problem in Caseyville, Illinois, which is part of the congressional district I represent. I appreciate the efforts of Chairman Peterson and Ranking Member Lucas to bring this bill to the floor today.
H.R. 511 simply gives the USDA the authority to terminate an easement it entered into with the Village of Caseyville on September 20, 1999, due to a disagreement over how the land could be used. The Village received $60,000 and the easement covered 44 acres.
The Village believed that the Warranty Easement Deed under the
``Emergency Watershed Protection Program'' allowed the 44 acres to continue to be used for flood control. However, the National Resource Conservation Service began referring to the easement as a ``Wetlands Reserve Program'' property--that program is not concerned with flooding, but rather protecting and restoring wetlands.
The differences in approach led the Village to seek a termination of the easement, including paying back all of the $60,000 to the Department of Agriculture. After a great deal of discussion, the Department of Agriculture stated that it did not have the authority to terminate the easement, and suggested this legislative approach.
I again, thank the Committee for its attention to this matter and urge my colleagues to support the bill.
I have no further speakers and will yield back the remainder of my time.
Mr. HOLDEN. Mr. Speaker, I join the gentleman from Oklahoma in encouraging our colleagues to pass this bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Pennsylvania (Mr. Holden) that the House suspend the rules and pass the bill, H.R. 511.
The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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