[Congressional Record (Bound Edition), Volume 155 (2009), Part 16]
[House]
[Page 21646]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1415
         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.
  Mr. LUCAS. 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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