Pub. L. 102-508, tit. VI, sec. 601
PAGE AVENUE EXTENSION.
SEC. 601. PAGE AVENUE EXTENSION. (a) Upon submission of a request by the State of Missouri for Federal Highway Administration approval of the Page Avenue Extension project (hereinafter cited in this section as “the project”), the Secretary of the United States Department of Transportation (hereinafter cited in this section as “the Secretary”) is authorized to waive the requirements of section 138 of title 23, United States Code and section 303 of title 49, United States Code, for the alignment designated by the State of Missouri as the “Red Alignment”, as described in the draft environmental impact statement approved by the Federal Highway Administration on May 30, 1990, if: (1) the Secretary determines that a final environmental impact statement has been completed by the State of Missouri and approved by the Secretary; and 106 STAT. 3313 (2) the State of Missouri enters into an enforceable agreement with the Secretary to implement a project mitigation plan that includes, at a minimum— (A) expansion of the Creve Coeur Lake Memorial Park (hereinafter cited in this section as “the Park”) in the vicinity of St. Louis, Missouri, by at least 50 percent, through acquisition and addition to the Park of not less than six hundred acres of land; (B) development of a walking and bicycle path that is not less than ten feet in width and connects the Park to the KATY Trail State Park in St. Charles County, Missouri; (C) construction of nature trails in the wooded upland portion of the additions to the Park referred to in subparagraph (A); (D) development of a Wetland Wildlife area that includes lake areas and marshes, trails, observation points, and other environmentally compatible features in the Park or in one of the additions to the Park referred to in subparagraph (A); (E) dredging of Creve Coeur Lake to help remedy a chronic siltation problem and to promote fish and wildlife populations; (F) construction of a new lake in one of the additions to the Park referred to in subparagraph (A) to help alleviate the recurrence of a chronic siltation problem in a manner that minimizes, to the maximum extent practicable and in accordance with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), the disturbance of any existing wetlands; (G) design and construction of features to minimize the visual and physical impact of the project in the vicinity of the Park, consistent, to the extent practicable, with recommendations of the design committee established in accordance with subsection (c), including— (i) the use of textured concrete, as appropriate; (ii) the minimization of bridge pier sizing in the elevated portion of the project; (iii) the use of a bridge design that is more aesthetically pleasing than standard elevated roadway designs; (iv) construction of bridge siderails with materials that are effective noise attenuators to reduce operational noise levels near the bridge; (v) design and construction of a drainage system to prevent contamination of Creve Coeur Lake and Creve Coeur Creek with pollution from roadway runoff; (vi) landscaping of the area between the elevated roadway and Creve Coeur Mill Road to enhance visual parameters without compromising road user safety; and (vii) the placement of signs to direct road users to appropriate park entrances and facilities; (H) such other mitigation measures as the Secretary may determine are appropriate to ensure that the environmental benefits of the project mitigation plan exceed the environmental damage associated with the project; and 106 STAT. 3314 (I) a monetary contribution by the State of Missouri as may be necessary to implement the entire mitigation plan, in an amount not less than $6,000,000, including the payment of not less than $250,000 for facility improvements in the Park, and all funds to develop and implement the mitigation plan shall come from non-Federal sources of funding. (b) None of the costs to develop or implement the project mitigation plan referred to in subsection (a) shall be considered expenditures pursuant to or in satisfaction of the transportation enhancement requirements of section 133 of title 23, United States Code (as amended by section 1007 of the Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102–240, 105 Stat. 1927–1931). (c) The Governor of the State of Missouri shall establish a design committee to develop recommendations concerning design and construction features to minimize the visual and physical impact of the project in the vicinity of the Park. The Committee shall include representatives of local elected officials, regional park officials, local community groups, design professionals, environmental organizations, and business organizations. (d) To the maximum extent practicable, the State of Missouri shall implement the project mitigation plan referred to in subsection (a) prior to the commencement of construction of the Page Avenue Extension project. At a minimum, the mitigation measures specified in subsection (a)(2)(A) and (a)(2)(C) shall be completed prior to commencement of construction of the Page Avenue Extension project. (e) If the project does not comply with all other requirements of Federal environmental law that are applicable to the project, including sections 134 and 135 of title 23, United States Code (as amended by sections 1024 and, 1025 of the Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102–240, 105 Stat. 1955–1962 and 105 Stat. 1962–1965) and all other requirements of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1914 et seq.), any waiver of the requirements of section 138 of title 23, United States Code and section 303 of title 49, United States Code, granted by the Secretary under the authority of this section shall be stayed pending a determination by the Secretary that the project has been brought into compliance with such other requirements. Any determination by the Secretary under the preceding sentence shall be subject to judicial review.