[Congressional Record Volume 153, Number 33 (Tuesday, February 27, 2007)]
[House]
[Pages H1924-H1926]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF ARTERIAL ROAD 
                     IN ST. LOUIS COUNTY, MISSOURI

  Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1129) to provide for the construction, operation, and 
maintenance of an arterial road in St. Louis County, Missouri.
  The Clerk read as follows:

                               H.R. 1129

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

     SECTION 1. PROJECT DEFINED.

       In this Act, the term ``project'' means only the portion of 
     St. Louis County, Missouri,

[[Page H1925]]

     arterial road 1151 that is deed-restricted property, which 
     specifically applies to approximately 0.3 acres and 540 
     lineal feet and is identified as the ``FEMA'' route in the 
     document entitled ``Lemay Connector Road for Long-Term 
     Recovery, Recreational Enhancements, & Community, & Economic 
     Development'', dated June 1, 2006, on file with the St. Louis 
     County department of highways and traffic.

     SEC. 2. APPLICABLITY OF CERTAIN FEDERAL LAW.

       The St. Louis County arterial road 1151, known as the 
     ``Lemay Connector Road'' in St. Louis City and County, 
     Missouri, may be constructed, operated, and maintained over 
     the deed-restricted property described in section 1, 
     notwithstanding section 404(b)(2) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c) or Public Law 103-211 and any easement or other 
     similar restriction pursuant to those Federal laws on the 
     development of property that requires the property be 
     maintained for open space, recreation, or wetland management.

     SEC. 3. NO DETRIMENTAL EFFECT ON FLOOD PLAIN.

       For the project, St. Louis County, Missouri, shall ensure 
     that the project is constructed, operated, and maintained in 
     such a manner that would not cause any future additional 
     flood damage that would not have occurred without the 
     project. Prior to constructing the project, St. Louis County 
     or its assignee must identify and agree to restrict a nearby 
     parcel of land of equal or greater size to the deed 
     restricted land used for the project so that such parcel is 
     maintained for open space, recreation, or wetland management.

     SEC. 4. LIABILITY FOR FLOOD DAMAGE.

       The Federal Government shall not be liable for future flood 
     damage that is caused by the project. St. Louis County, 
     Missouri, or its assignee shall be liable for any future 
     flood damage that is caused by the project.

     SEC. 5. NO FUTURE DISASTER ASSISTANCE.

       The deed-restricted property described in section 1 is not 
     eligible for any future disaster assistance from any other 
     Federal source.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Minnesota (Mr. Oberstar) and the gentleman from Wisconsin (Mr. Petri) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Minnesota.


                             General Leave

  Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on the bill, H.R. 1129.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the legislation before us would authorize St. Louis 
County, Missouri, to build a road over three-tenths of an acre of deed-
restricted property. The road that they would build will lead to a 
development project along the Mississippi River adjacent to St. Louis.
  In the aftermath of the 1993 Mississippi River flood, which many of 
us can vividly remember, and I recall so much part of that tragedy our 
then majority leader, Mr. Gephardt, passing sandbags down along the 
riverfront to halt the onslaught of the river, it was a very compelling 
moment in flood history in America. St. Louis was particularly hard 
hit.
  FEMA, under the Hazard Mitigation Grant Program, acquired property, 
took it out of development and protected the floodplain from 
development for uses that would be inconsistent with the need to 
protect the area against flood.
  FEMA requires that properties purchased under the Hazard Mitigation 
Grant Program be maintained in perpetuity for uses consistent with open 
space, recreation or wetlands management. The law generally does not 
allow new structures to be built on such property, but exceptions are 
permitted under existing law, including projects preapproved in writing 
by the director of FEMA. FEMA has promulgated regulations to spell out 
those restrictions.
  The property which is the subject of this legislation, was not 
purchased with hazard mitigation funds, but with Community Development 
Block Grant funds. But those funds were subjected to the same FEMA 
Hazard Mitigation Grant Program easement restrictions for open space.
  All parties tried in the current situation to find an exception in 
the historic application of FEMA law and regulation, but the project 
didn't fit any of the historic examples or exceptions. So the State and 
the county both are seeking a waiver of the easement so that both 
entities can proceed with construction of a road that will create 
access to a complex development project of housing, retail, commercial 
space and open and recreational space.
  Now, this project itself is not within nor will it be built anywhere 
on restricted property, property restricted by FEMA under the Hazard 
Mitigation Grant Program funds. And to be sure that there are no escape 
clauses or escape hatches, if you will, the bill includes requirements 
to ensure that the road authorized to be developed will not increase 
the danger of flooding and that the road will not subject the Federal 
Government to any additional exposure or liability.
  The bill requires the county in which the road will be constructed, 
and that is St. Louis County, Missouri, we have one also in Minnesota, 
to ensure that the construction, operation and maintenance of the road 
will not cause any future additional flood damage that would not have 
occurred without the project. It is very important to spell those 
conditions out.
  The bill also requires the county or its assignee to mitigate the 
project by adding to the flood protection area a nearby parcel of land 
of equal or greater size to the deed-restricted land used for the road.
  Further, the bill provides that the Federal Government shall not be 
liable for future flood damage that may be caused by the project and 
that the county will be liable for such damage.
  The bill also provides that the deed restricted property on which the 
road will be built, and only the road, will not be eligible for any 
future disaster assistance from any other Federal source.
  I think with those very precise, very carefully crafted constraints, 
we can and should approve this legislation to allow the other 
development to go forward, a development that is not within the hazard 
area.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the bill before us, H.R. 1129, introduced by 
Representative Russ Carnahan of Missouri, provides for the 
construction, operation and maintenance of an arterial road in St. 
Louis County, Missouri, over deed-restricted property and requires that 
county to restrict a nearby parcel of land for open space, recreation 
or wetland management. The bill allows construction of a surface road 
across property purchased with Federal funds.
  Following the 1993 Midwest floods, this property was purchased for 
the purpose of clearing the floodplain of homes to prevent future flood 
losses. The bill requires St. Louis County to ensure that this project 
will not cause future flood damage. If there is flood damage caused by 
this project, the bill assigns liability to St. Louis County. This 
property will remain permanently ineligible for Federal disaster 
assistance. The Federal interest in reducing Federal disaster costs 
remains protected.
  This project is not setting precedent. In the past, exceptions have 
been made to allow for road and public works development on deed 
restricted properties.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Speaker, I yield myself 30 seconds.
  Mr. Speaker, I want to express my great appreciation to the gentleman 
from Wisconsin and to the staff on the Republican side for their 
splendid cooperation throughout the crafting of this legislation. It 
took a great deal of time and effort to get to this point and it was a 
bipartisan initiative. We very much appreciate their consideration.
  Mr. PETRI. Mr. Speaker, I thank the chairman of our committee, and I 
yield back the balance of my time.
  Mr. OBERSTAR. I yield such time as he may consume to the gentleman 
from Missouri (Mr. Carnahan), the author of the legislation, and within 
whose district this project and development will occur. I also want to 
express my appreciation and perhaps admiration for his persistence in 
following through on this very difficult, complex initiative. The 
gentleman has certainly worked hard on behalf of his constituency.
  Mr. CARNAHAN. Chairman Oberstar, thank you and Ranking Member Mica 
and the gentleman from Wisconsin here today for working with me

[[Page H1926]]

to move this important legislation along. Also, special thanks to your 
staff and committee staff on both sides that have been helpful in 
moving this legislation. On behalf of myself and the citizens the Third 
District in Missouri, I want to thank them all.
  This bill, H.R. 1129, means a great deal to the congressional 
district I represent in Lemay, St. Louis County, Missouri. It will 
allow the construction, maintenance and operation of a road to a 
community in South St. Louis County hard hit by the great flood of 
1993. This Lemay Connector Road, as it is called, is vital to the long-
term recovery of that community. It will bring badly needed jobs and 
tax revenues to the area, support the cleanup of brownfields sites, and 
create new parks and recreational opportunities.
  The transformation taking place in this area is the type communities 
dream about, turning environmentally contaminated idle property into 
hundreds of millions of dollars in economic development, thousands of 
new jobs, and wonderful recreational opportunities alongside a national 
treasure, the Mississippi River.
  In 1993, Lemay, Missouri, just south of St. Louis, was hard hit by 
the flood of 1993. In the aftermath, Community Development Block Grant 
funds were used to acquire certain parcels of land which carried with 
them FEMA deed restrictions. St. Louis County has since acquired the 
land, but deed restrictions still apply.
  Years ago, this area was home to businesses providing thousands of 
jobs for this community. Unfortunately, by-products heavily polluted 
the area, and since the closure of businesses, four specific sites, 
including the former National Lead Site, which closed in 1978, the 
Carondolet Coke site, which closed in 1992, the Stupp Brothers site, 
which closed in 1998, and the National Imaging and Mapping Agency site, 
closed in 1994, have since been designated as brownfields. Thankfully, 
clean up and redevelopment of the land will come to fruition as the 
Lemay connector road is built.
  Since 1993, the Federal Government has invested more than $33 million 
in South St. Louis City and County region for the purpose of 
revitalizing these communities. In addition, the State and local 
community have come together to plan the redevelopment of this area. 
Plans include new businesses, which will generate thousands of new 
jobs, a bandshell, ice skating rink, bowling alley, multi-screen movie 
complex, a new county park with soccer and baseball fields. The 
proposed Lemay connector road will provide access to all this, the four 
abandoned brownfield sites, and complete the link to the Great Rivers 
Greenway regional ring of trails.
  In 2003, the Missouri Department of Transportation conducted a 
federally funded survey with regard to the area and decided it was one 
of the top priorities for the region.

                              {time}  1645

  The planned road is authorized by this legislation and has been 
identified by means of an environmental assessment as the 
environmentally preferred route.
  The road is considered safe by the Missouri Department of 
Transportation, has been endorsed by its officials, and also the local 
police and fire departments, because it will enable city and county to 
reduce first responder times. Most importantly, the planned road has 
the unwavering support of community leaders.
  In addition to the public access benefits already stated, the road 
will include dedicated bicycle paths and sidewalks, and provide 
improved access to schools, community institutions and parks, and I 
want to name a few in the area: Hancock Place School District, Notre 
Dame High School, Metropolitan Sewer District, St. Louis Enterprise 
Center in South County, Lemay Child and Family Center, Jefferson 
Barracks National Cemetery, and a park and planned military history 
complex. In addition, park areas include the Black Forest Park, Lemay 
Park, and the Great Rivers regional system of interconnected parks and 
trails.
  The bill costs the Federal Government nothing. The cost of the road 
will be incurred by the county in cooperation with local developers. 
This legislation has broad bipartisan support in Missouri and here in 
the Congress among our congressional delegation, including my Missouri 
colleague on the Transportation Committee, Mr. Graves. The legislation 
specifically authorizes the Lemay connective road to be built over 
deed-restricted parcels of land.
  In an attempt to avoid the same disastrous consequences of the flood 
of 1993, the bill requires the county to take appropriate flood 
mitigation efforts upon constructing the road. It is the intent of 
Congress that prior to constructing the road, adjacent or nearby land 
of approximately equal size and value of the easement necessary to 
build the road, about 0.3 acres, will be designated for open space, 
recreational use, or wetlands management.
  Finally, consistent with existing law, the Federal Government will 
not be liable for any flooding caused by the construction, maintenance 
and operation of the road.
  My colleagues, this is a good bill that will have remarkably positive 
impacts on the Lemay community in Missouri. I urge your support and 
passage of H.R. 1129.
  I want to conclude by giving special thanks to our St. Louis County 
executive, Charlie Dooley, and his staff in St. Louis County, and all 
those working with the county for their impressive work on this 
project.
  I can't wait to travel on the new Lemay connector road, to take a 
tour of the newly opened businesses, community center, and take a bike 
ride along the Great Rivers Greenway.
  Mr. PETRI. Mr. Speaker, I yield back the balance of my time.
  Mr. OBERSTAR. Mr. Speaker, I certainly look forward to doing a bike 
ride along that area, if it is a long enough road, and look forward to 
the project moving forward with the construction of this road and the 
development and the investment and the job creation that the gentleman 
has cited.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota (Mr. Oberstar) that the House suspend the 
rules and pass the bill, H.R. 1129.
  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.

                          ____________________