[Congressional Record Volume 160, Number 56 (Monday, April 7, 2014)]
[House]
[Pages H2977-H2980]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             GREEN MOUNTAIN LOOKOUT HERITAGE PROTECTION ACT

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass the bill (S. 404) to preserve the Green Mountain Lookout in 
the Glacier Peak Wilderness of the Mount Baker-Snoqualmie National 
Forest.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 404

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Green Mountain Lookout 
     Heritage Protection Act''.

     SEC. 2. CLARIFICATION OF LEGAL AUTHORITY OF GREEN MOUNTAIN 
                   LOOKOUT.

       (a) Legal Authority of Lookout.--Section 4(b) of the 
     Washington State Wilderness Act of 1984 (Public Law 98-339; 
     98 Stat. 300; 16 U.S.C. 1131 note) is amended by striking the 
     period at the end and inserting the following: ``, and except 
     that with respect to the lands described in section 3(5), the 
     designation of such lands as a wilderness area shall not 
     preclude the operation and maintenance of Green Mountain 
     Lookout.''
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Washington State Wilderness Act of 1984.

     SEC. 3. PRESERVATION OF GREEN MOUNTAIN LOOKOUT LOCATION.

       The Secretary of Agriculture, acting through the Chief of 
     the Forest Service, may not move Green Mountain Lookout from 
     its current location on Green Mountain in the Mount Baker-
     Snoqualmie National Forest unless the Secretary determines 
     that moving Green Mountain Lookout is necessary to preserve 
     the Lookout or to ensure the safety of individuals on or 
     around Green Mountain. If the Secretary makes such a 
     determination, the Secretary shall move the Green Mountain 
     Lookout to a location outside of the lands described in 
     section 3(5) of the Washington State Wilderness Act of 1984 
     and designated as a wilderness area in section 4(b) of such 
     Act.

     SEC. 4. ALASKA NATIVE VETERAN ALLOTMENT.

       (a) Definitions.--In this section:
       (1) Application.--The term ``application'' means the Alaska 
     Native Veteran Allotment application numbered AA-084021-B.

[[Page H2978]]

       (2) Federal land.--The term ``Federal land'' means the 80 
     acres of Federal land that is--
       (A) described in the application; and
       (B) depicted as Lot 2 in U.S. Survey No. 13957, Alaska, 
     that was officially filed on October 9, 2009.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b)  Issuance of Patent.--Notwithstanding section 41 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1629g) and 
     subject to subsection (c), the Secretary shall--
       (1) approve the application; and
       (2) issue a patent for the Federal land to the person that 
     submitted the application.
       (c) Terms and Conditions.--
       (1) In general.--The patent issued under subsection (b) 
     shall--
       (A) only be for the surface rights to the Federal land; and
       (B) be subject to the terms and conditions of any 
     certificate issued under section 41 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1629g), including terms and 
     conditions providing that--
       (i) the patent is subject to valid existing rights, 
     including any right of the United States to income derived, 
     directly or indirectly, from a lease, license, permit, right-
     of-way, or easement on the Federal land; and
       (ii) the United States shall reserve an interest in 
     deposits of oil, gas, and coal on the Federal land, including 
     the right to explore, mine, and remove the minerals on 
     portions of the Federal land that the Secretary determines to 
     be prospectively valuable for development.
       (2) Additional terms and conditions.--The Secretary may 
     require any additional terms and conditions for the issuance 
     of the patent under subsection (a) that the Secretary 
     determines to be appropriate to protect the interests of the 
     United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Hastings) and the gentleman from Arizona (Mr. Grijalva) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, S. 404 would preserve the Green Mountain Lookout in the 
Glacier Peak Wilderness area of the Mount Baker-Snoqualmie National 
Forest in my home State of Washington.
  The Green Mountain Lookout was constructed in 1933 on the summit of 
Green Mountain for the purpose of fire detection. It was also used to 
look for enemy aircraft during World War II. While the lookout is no 
longer used for fire detection, it has, however, become a favorite 
destination for hikers.
  Several years ago, after the lookout was damaged in a snowstorm, the 
Forest Service disassembled and removed the lookout by helicopter with 
the intent of replacing the foundation and reassembling the lookout. In 
2009, the lookout was reassembled, again using helicopter.
  But in 2010, Mr. Speaker, an environmental group from out of State, 
from the State of Montana, filed and won a lawsuit claiming that the 
repairs violated both the Wilderness Act and the National Environmental 
Policy Act, or NEPA. As a result, a Federal judge in Seattle ordered 
the Forest Service to remove the historic lookout. Elimination of this 
popular hiking destination by this order would have begun this summer. 
This bill puts a stop to that nonsense and it protects the lookout.
  Mr. Speaker, unfortunately this is not an isolated incident. Too 
often, lawsuits from extreme groups seek to close off public access to 
public lands, and too often bureaucracies are happy to comply with 
eliminating existing recreation from public lands. At times they even 
take the lead in pushing such restrictions. Credit, however, is due to 
the Forest Service for using common sense in this case. In other cases, 
such as the subsistence cabin of the Alaska Native veteran addressed 
also in this bill, or the halting of stocking fish in the North 
Cascades, which is the subject of another bill, common sense hasn't 
always prevailed, so it falls to Congress to fix the problem.
  The House has already acted once on this piece of legislation 
regarding the Green Mountain Lookout, in February, by protecting this 
lookout. By voting on this Senate bill today, the House will send the 
measure to the President to be signed and to become law.
  The Senate approved the measure by unanimous consent last week at the 
request of our Senator from Washington, Senator Patty Murray. This 
action was prompted by a visit from Senator Murray to the Washington 
State communities affected by the tragic mudslide that claimed the 
lives of over two-dozen citizens. The Senator called me a week ago last 
Saturday morning. When she asked what she and her congressional 
colleagues could do to help, the mayor of Darrington, one of the 
communities that is affected, asked for enactment of this bill to save 
the lookout. It is a small action that cannot undo the tragedy, but it 
will help protect a recreation and economic asset in this corner of 
Washington State.
  It goes without saying to all affected by the mudslide that our 
hearts go out to those of you who lost loved ones, and our sincere 
thanks is owed to all who have assisted in the rescue, search, 
recovery, and rebuilding of that area.
  Lastly, Mr. Speaker, I would like to express my optimism that this is 
just the first of other bills affecting public lands that will become 
law this year. There has been bipartisan communication between the 
House and the Senate on finding agreement on a number of bills of local 
importance to communities across the country--bills to solve problems, 
foster economic development, and to protect historic and special 
places. Had not the special circumstances prompted action on this bill 
today, I am confident it would have become law soon enough. Senator 
Murray and I, along with Senator Cantwell, also from Washington State, 
have been discussing a number of bills of interest to our particular 
State. I hope and believe these will be among those that can be 
accomplished later on this year. It takes one step at a time, so I urge 
my colleagues to support this bill and send it to the President for his 
signature.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Green Mountain Lookout tower is perched on a bluff 
overlooking Washington State's Cascade Mountains in what is now the 
Glacier Peak Wilderness. Built in the 1930s by the Civilian 
Conservation Corps, the tower is a popular destination for hikers and a 
testament to our long tradition of public lands-based service and 
training programs.
  A lawsuit challenged the tower's presence in the wilderness area, and 
a judge ruled it be removed. Passage today of S. 404 will ensure the 
tower remains where it is, which we feel is important and appropriate. 
I want to thank Senator Murray of Washington and Representative 
DelBene, the sponsor of the House companion. It is thanks to their hard 
work that we are considering this legislation today.

                              {time}  1715

  While it will not take away from the tragedy of the recent mudslide, 
passing this bill today will be a big win for the local community and 
the State of Washington as a whole.
  We support the legislation and thank the majority and the chairman 
for bringing it up under suspension of the rules.
  With that, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield 2 minutes to the 
gentleman from Alaska (Mr. Young), who is the author of the House 
version of the Alaska provisions in this Senate bill.
  Mr. YOUNG of Alaska. Mr. Speaker, I thank the chairman.
  The Green Mountain Lookout Heritage Protection Act includes a 
provision that I offered as an amendment on the House floor in 
February. The amendment to the omnibus Public Access and Lands 
Improvement Act passed the House by voice vote, and I am pleased it has 
come before the House again as part of the Senate-passed legislation.
  During the debate on that measure, I told a story that led to this 
provision, and how the Federal Government failed one of my 
constituents, Mr. William Alstrom, endangering his Alaska native 
veterans allotment and the cabin

[[Page H2979]]

he and his family built on their own effort on his land the Federal 
Government conveyed to him and then took back due to a bureaucratic 
error.
  At its core, fixing issues like this is one we are all sent here to 
Washington to accomplish, and the way in which this has been fixed, 
merely months after I was first made aware of this issue, is an example 
of how Congress should function as we work together.
  Today, after the House sends S. 404 to the President, I am pleased 
that William and his family can put this headache behind them, and 
William can put his time to better use by continuing to serve St. 
Mary's, Alaska, as mayor and president of his village corporation.
  May I, again, thank the chairman, the ranking member, the two 
Senators, and the total Larsen delegation for this legislation, 
especially recognizing the mudslide.
  But I hope we all recognize that the Federal Government is not a good 
manager of land. There are too many times that logic does not prevail 
and too many times they are being sued by interest groups that 
understand logic. I am suggesting respectfully, as the chairman has 
said, we ought to work together, both parties together, on solving land 
issues that are really created by our own government--both sides. I 
have been under eight Presidents, and I have watched these Presidents 
all not take into consideration individuals, their rights, their 
prerogatives, as free Americans.
  So I, again, thank you for the efforts put forth in this legislation. 
I commend the chairman and ranking member for the work they put forth, 
and God bless you.
  Mr. GRIJALVA. Mr. Speaker, I yield as much time as she may consume to 
the gentlelady from Washington (Ms. DelBene), the sponsor of the 
legislation.
  Ms. DelBENE. Mr. Speaker, I would like to thank the chairman and the 
ranking member for their help in considering the Green Mountain Lookout 
Heritage Protection Act today, a bill close to the hearts of many of my 
constituents who have been struck by a terrible tragedy.
  As many in this Chamber know, on Saturday, March 22, on a 
mountainside in my district near the towns of Oso and Darrington, an 
enormous landslide occurred, almost unthinkable in size and scope, 
wiping out an entire neighborhood and destroying an important stretch 
of State Route 530, the primary transportation artery between Arlington 
and Darrington, and other communities to the east.
  At least 33 people have lost their lives, and more are still missing. 
The damage and loss caused by this disaster are heartbreaking, but the 
community response has been equally inspiring. People throughout the 
region have come together to support each other and do their part to 
aid in the search and recovery.
  In the days after the tragedy occurred, members of the community and 
the mayor of Darrington asked for support on issues important to the 
region. One of their requests to our congressional delegation, to 
Senators Murray and Cantwell and Congressman Larsen and myself, was for 
our help to pass this bill.
  Last year, I introduced the Green Mountain Lookout Heritage 
Protection Act in the House, and, with unanimous Senate passage last 
week, we are one step closer to providing this community with a piece 
of good news about a treasured local landmark. The Green Mountain 
Lookout, located in the Glacier Peak Wilderness, was built in 1933 as a 
Civilian Conservation Corps project to detect fires and spot enemy 
aircraft during World War II. The lookout is a popular destination for 
hikers near and far, and is listed on the National Register of Historic 
Places. It is also an important, historic, and unique part of community 
of Darrington.
  Unfortunately, severe weather caused the Green Mountain Lookout to 
fall into disrepair in 2001, and the U.S. Forest Service began taking 
steps to preserve the historic structure for future generations. 
However, an out-of-state group filed a lawsuit against the Forest 
Service for using machinery to conduct repairs and, unfortunately, a 
U.S. District Court ordered the Forest Service to remove the lookout. 
If Congress does not act soon, the lookout will be removed for good.
  This lookout is a local landmark for the Darrington community and the 
Pacific Northwest, and is also a critical tourist attraction and 
economic driver in the region. At a time when this community is faced 
with a long, difficult road to recovery, we must do everything we can 
to help, including supporting the region's economy, and, in this case, 
protecting the Green Mountain Lookout saves a cherished landmark and 
supports outdoor recreation and tourism, both critically important to 
the local economy.
  This bill is simple. It would allow routine maintenance while keeping 
this iconic structure where it is meant to be, and always has been, on 
Green Mountain near Darrington. Local governments in the area, my 
constituents, as well as a number of environmental and historic 
preservation groups, support saving the lookout. This bill also saves 
money because it would cost more money to remove the lookout than to 
keep it where it is.

  The Green Mountain Lookout represents a significant piece of the 
Pacific Northwest's history. It deserves to be protected for outdoor 
enthusiasts to enjoy for many years to come.
  This bill can't undo what has been done. But, as the mayor of 
Darrington told me, it can be a piece of good news and a victory for an 
inspiring community that has gone through so much.
  Today, I ask all Members of the House to vote for this bill and do 
their part to support this remarkable community and this historic 
landmark.
  Mr. HASTINGS of Washington. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. GRIJALVA. Mr. Speaker, may I inquire as to how much time is 
remaining.
  The SPEAKER pro tempore. The gentleman from Arizona has 15\1/2\ 
minutes.
  Mr. GRIJALVA. Mr. Speaker, I yield as much time as he may consume to 
the gentleman from Washington (Mr. Larsen).
  Mr. LARSEN of Washington. Mr. Speaker, I want to thank the chairman 
of the full committee, the ranking member of the full committee, and 
the ranking member of the subcommittee for helping to bring S. 404 to 
the floor, the Green Mountain Lookout Heritage Protection Act.
  The lookout symbolizes a unique and vanishing part of the Pacific 
Northwest's heritage, and this bill symbolizes Congress' solidarity 
with a hard-hit part of our State.
  The Green Mountain Lookout is one of few surviving fire lookouts in 
the West. It is one of only six such lookouts within a wilderness area. 
It was an early warning station during World War II to alert citizens 
to possible aerial invasion.
  The communities in nearby Darrington and Oso are recovering from last 
month's tragic landslide that has taken the lives of dozens of people 
and shut the communities off from much of the outside world. First 
responders, FEMA, and other Federal agencies have been extraordinary in 
their efforts to help with recovery.
  Passing this bill invests in a longer-term economic recovery of the 
region. Many of the people in these communities rely on outdoor 
recreation and the tourism that it brings for their livelihoods. Part 
of that economy is based on access to its historic and beautiful 
location, like Green Mountain Lookout.
  Keeping the lookout in place means Darrington has one more reason to 
tell people from across this country that Darrington is open for 
business. With the summer recreation season coming up, protecting Green 
Mountain Lookout sends a message from Congress to these communities as 
well that we are with you.
  For 12 years, I represented these communities in Congress and for 3 
years before that on the local county council. I introduced legislation 
identical to this bill in June 2012 right after an ill-advised court 
decision suggested that Green Mountain Lookout should be taken down.
  I was pleased that Senators Murray and Cantwell followed that with 
the introduction of companion legislation in December of 2012.
  In February 2013, Congresswoman DelBene reintroduced this bill, along 
with our Senate colleagues.
  I appreciate my colleagues' willingness to protect the lookout, and I 
appreciate the support of Chairman Hastings, Ranking Member DeFazio, 
and

[[Page H2980]]

others to put this bill on the President's desk.
  By protecting the lookout, we will protect the economic livelihoods 
of many of those who have struggled after last month's tragic 
landslide.
  I urge my colleagues to support this legislation and to vote for S. 
404.
  Mr. HASTINGS of Washington. Mr. Speaker, I advise my friend from 
Arizona I am prepared to close if he is prepared to close.
  Mr. GRIJALVA. Mr. Speaker, I have no further speakers.
  Mr. HASTINGS of Washington. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I think the Representatives from 
Washington stated the case for the legislation. All of us concur with 
that.
  I urge all Members to vote for this piece of legislation. It is 
thoughtful, it is pragmatic, and it is necessary to do it with some 
urgency so that that historic site is not lost.
  With that, I yield back the remainder of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  This is a good piece of legislation. I want to congratulate my 
colleagues from the western part of the State for introducing it and 
persevering on it.
  It is just one of those issues, as I mentioned in my opening 
statement, where we many times in the West get influenced by somebody 
out of State. This is just one of those classic examples. There is no 
reason why the lookout should not be there for the people that surround 
the community of Darrington, and for the people that hike in that area.
  But so many times I have come to the floor, and colleagues on my 
side, arguing about lawsuits, especially from the environmental 
emphasis. This is just one more example that we are correcting. In 
fact, I hope we can have more of those in the future.
  This is a good piece of legislation, Mr. Speaker. I urge adoption of 
the legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and pass the bill, S. 404.
  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.

                          ____________________