[House Report 112-321]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-321

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             RATTLESNAKE MOUNTAIN PUBLIC ACCESS ACT OF 2011

                                _______
                                

December 8, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2719]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2719) to ensure public access to the summit of 
Rattlesnake Mountain in the Hanford Reach National Monument for 
educational, recreational, historical, scientific, cultural, 
and other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2719 is to ensure public access to the 
summit of Rattlesnake Mountain in the Hanford Reach National 
Monument for educational, recreational, historical, scientific, 
cultural, and other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Rattlesnake Mountain is a 3,527-foot, windswept, treeless, 
sub-alpine ridge overlooking the Hanford nuclear site in Benton 
County, Washington. The highest winds recorded on Rattlesnake 
were around 150 mph. While parts of the western slope of the 
mountain are privately owned ranch land, the eastern slope has 
been under federal protection for the past several decades. In 
1943, Rattlesnake Mountain was seized by the United States 
government using its condemnation authority and it became a 
buffer zone for the Manhattan nuclear project at the Hanford 
site. In 1956, the Army installed a Nike Ajax missile base on 
the southeastern end of the ridge and maintained the site until 
1960, when it was closed.
    On June 9, 2000, President Bill Clinton issued Presidential 
Proclamation 7319 to establish the 195,000-acre Hanford Reach 
National Monument, managed by the Fish and Wildlife Service 
(FWS) and the Department of Energy (DOE). The monument became 
one of only two to be administered by FWS in the United States. 
Eight years after the designation of the monument, in 2008, FWS 
published its Hanford Reach National Monument Final 
Comprehensive Conservation Plan and Environmental Impact 
Statement.
    Public comments submitted to FWS in the development of the 
15-year management plan were in favor of increasing public 
access to specific areas of the Monument, and specifically, to 
the summit of Rattlesnake Mountain. A paved road leading to the 
summit already exists and is maintained by DOE due to the 
presence of communication towers located on the mountain. The 
summit of Rattlesnake Mountain provides some of the most 
panoramic views of the region, the Monument and the entire 
Hanford Site.
    FWS, however, made a determination in the management plan 
that the entire Rattlesnake Mountain Unit should be kept closed 
to the public ``due to resource concerns.'' The only exceptions 
to the ban were individuals who obtain a Special Use Permit, 
limited to approved ecological research and ``environmental 
education activities.'' According to FWS, only two Special Use 
Permits have been issued since the adoption of the management 
plan. In October 2010, the FWS announced it would conduct two 
limited public tours of Rattlesnake Mountain, but abruptly 
canceled them just days before they were to occur, without 
explanation.
    H.R. 2719 would ensure reasonable access to lands owned by 
the American people, which has been essentially non-existent in 
the ten years since the Monument was designated, despite recent 
indications that FWS supports such access.
    H. R. 2719 instructs the Secretary of the Interior to 
provide public access to the 3,600-foot summit of Rattlesnake 
Mountain in the Hanford Reach National Monument for 
educational, recreational, historical, scientific, cultural and 
other purposes. It allows the Secretary to enter into 
cooperative agreements with the Secretary of Energy, the State 
of Washington, any local governmental agency or interested 
parties to maintain the access road and facilitate guided tours 
to the summit of Rattlesnake Mountain. The legislation does not 
dictate how and when public access occurs, but does mandate 
that some access will be permitted, including motorized access.

                            COMMITTEE ACTION

    H.R. 2719 was introduced on August 1, 2011, by Congressman 
Doc Hastings (R-WA). The bill was referred to the House 
Committee on Natural Resources, and within the Committee to the 
Subcommittees on Fisheries, Wildlife, Oceans, and Insular 
Affairs and National Parks, Forests and Public Lands. On 
October 25, 2011, the Subcommittee on Fisheries, Wildlife, 
Oceans, and Insular Affairs held a hearing on the bill. On 
November 17, 2011, the Full Resources Committee met to consider 
the bill. The Subcommittees on Fisheries, Wildlife, Oceans, and 
Insular Affairs and National Parks, Forests and Public Lands 
were discharged by unanimous consent. No amendments were 
offered, and the bill was ordered favorably reported to the 
House of Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 2719--Rattlesnake Mountain Public Access Act of 2011

    H.R. 2719 would require the Secretary of the Interior to 
provide access to the summit of Rattlesnake Mountain in the 
Hanford Reach National Monument in the state of Washington. The 
legislation would authorize the Secretary of the Interior to 
enter into cooperative agreements with the Secretary of Energy, 
the state of Washington, and other entities to maintain an 
access road and to provide guided tours to the summit.
    H.R. 2719 does not specifically authorize appropriations, 
but it may affect when a public access road to the summit 
opens. Rattlesnake Mountain is eligible for inclusion in the 
National Register of Historic Places. Therefore, public access 
to the site is currently being evaluated by the Fish and 
Wildlife Service (FWS) in compliance with section 106 of the 
National Historic Preservation Act. Based on information from 
the Department of the Interior, this evaluation is scheduled to 
be completed by the end of fiscal year 2012.
    The cost to provide public access to the mountain summit 
under current law will depend on the outcome of that evaluation 
and other ongoing FWS studies. The legislation could influence 
the magnitude and timing of federal expenditures related to 
Rattlesnake Mountain; however, CBO expects that any change in 
costs relative to those expected under current law would be 
minimal. There is an existing road to the summit; however, 
providing public access to it may require road improvements 
that would cost a few million dollars according to the agency. 
Any such costs would be subject to the availability of 
appropriated funds. H.R. 2719 would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 2719 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.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Assistant 
Deputy Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. The cost to 
provide public access to the Rattlesnake Mountain summit under 
current law will depend on the outcome of a Fish and Wildlife 
Service (FWS) evaluation and other ongoing FWS studies. The 
legislation could influence the magnitude and timing of federal 
expenditures related to Rattlesnake Mountain; however, CBO 
expects that any change in costs relative to those expected 
under current law would be minimal. There is an existing road 
to the summit; however, providing public access to it may 
require road improvements that would cost a few million dollars 
according to the agency. Any such costs would be subject to the 
availability of appropriated funds.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to ensure public access to the summit 
of Rattlesnake Mountain in the Hanford Reach National Monument 
for educational, recreational, historical, scientific, 
cultural, and other purposes.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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