[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.
____________________