[House Report 111-253]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-253
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AUTHORIZING 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
_______
September 10, 2009.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Peterson, from the Committee on Agriculture, submitted the
following
R E P O R T
[To accompany H.R. 511]
[Including cost estimate of the Congressional Budget Office]
The Committee on Agriculture, to whom was referred 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, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
BRIEF EXPLANATION
H.R. 511 authorizes the Secretary of Agriculture to
terminate an easement held in the Village of Caseyville,
Illinois. The Secretary may determine appropriate compensation
in exchange for termination of this easement to be paid by the
Village of Caseyville.
PURPOSE AND NEED
H.R. 511 was introduced by Congressman Jerry Costello of
Illinois. This bill would provide a limited authorization
regarding the administration of the Village of Caseyville,
Illinois floodplain easement.
The Village and USDA executed a Warranty Easement Deed in
1999 under the ``Emergency Watershed Protection Program.''
However, differences in approach on how best to protect and
restore the floodplain led Caseyville to seek termination of
the easement, including paying back the entire easement
purchase price of $60,000 to USDA.
H.R. 511 would allow the Natural Resource Conservation
Service the flexibility to release the terms of the easement so
that the village can use the land for flood prevention.
This proposal had the support of then-Secretary Johanns
under the Bush Administration and its support is continued by
Secretary Vilsack and the Obama Administration.
SECTION-BY-SECTION
Section 1. Termination of NRCS Easements and Associated Contractual
Arrangements, Village of Caseyville, Illinois
Authorizes the Secretary of Agriculture to terminate any
easement held by the Secretary on land owned by the Village of
Caseyville, Illinois, and to terminate associated contractual
arrangements with the Village.
COMMITTEE CONSIDERATION
The Committee on Agriculture met, pursuant to notice, with
a quorum present, on July 29, 2009, to consider H.R. 511 and
other pending legislation.
Members were recognized and each made a statement in
support of the legislation.
There being no amendments, Mr. Lucas moved that H.R. 511 be
reported favorably to the House with the recommendation that it
do pass.
By a voice vote, and in the presence of a quorum, H.R. 511
was ordered favorably reported to the House.
Chairman Peterson then advised Members that pursuant to the
Rules of the House of Representatives that Members have 2
calendar days to file such views with the Committee. No Members
came forth with intent to file additional views.
Without objection, staff was given permission to make any
necessary clerical, technical or conforming changes to reflect
the intent of the Committee.
Chairman Peterson thanked all the Members and adjourned the
meeting subject to the call of the chair.
REPORTING THE BILL--ROLLCALL VOTES
In compliance with clause 3(b) of rule XIII of the House of
Representatives, H.R. 511 was reported by voice vote with a
majority quorum present. There was no request for a recorded
vote.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee on Agriculture's
oversight findings and recommendations are reflected in the
body of this report.
BUDGET ACT COMPLIANCE (SECTIONS 308, 402, AND 423)
The provisions of clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974 (relating to estimates of new
budget authority, new spending authority, new credit authority,
or increased or decreased revenues or tax expenditures) are not
considered applicable. The estimate and comparison required to
be prepared by the Director of the Congressional Budget Office
under clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives and sections 402 and 423 of the Congressional
Budget Act of 1974 submitted to the Committee prior to the
filing of this report are as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 14, 2009.
Hon. Collin C. Peterson,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 511, a bill 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Douglas W. Elmendorf, Director).
Enclosure.
H.R. 511--A bill 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
H.R. 511 would authorize the Secretary of Agriculture to
terminate any easement (and associated agreements) on land
owned by Caseyville, Illinois. The bill would allow the
Secretary to determine any appropriate compensation to be
received from the village. Based on information provided by the
Natural Resources Conservation Service (NRCS) at the U.S.
Department of Agriculture, CBO estimates that enacting H.R. 511
would have no significant effect on direct spending and no
effect on discretionary spending or revenues.
The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
Under H.R. 511, the NRCS would be able to terminate a
floodplain easement on 44 acres of land owned by Caseyville. In
exchange for the termination, Caseyville would repay the NRCS
the $60,000 that the village received as compensation (for
restrictions on use of the land) under the original easement
agreement in 1999. That payment would increase offsetting
receipts (a credit against direct spending), probably in fiscal
year 2010. The receipts would be credited to the general fund
of the U.S. Treasury.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objections of this legislation are 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.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the
Constitutional authority for this legislation in Article I,
clause 8, section 18, that grants Congress the power to make
all laws necessary and proper for carrying out the powers
vested by Congress in the Constitution of the United States or
in any department or officer thereof.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee report incorporates the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to sections 402 and 423 of the
Congressional Budget Act of 1974.
ADVISORY COMMITTEE STATEMENT
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
FEDERAL MANDATES STATEMENT
The Committee adopted as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
EARMARK STATEMENT REQUIRED BY CLAUSE 9 OF RULE XXI OF THE RULES OF
HOUSE OF REPRESENTATIVES
H.R. 511 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI of the rules of the
House Representatives.