[House Report 113-328]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-328

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             GREEN MOUNTAIN LOOKOUT HERITAGE PROTECTION ACT

                                _______
                                

  January 23 (legislative day of January 21), 2014.--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. 908]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 908) to preserve the Green Mountain Lookout in 
the Glacier Peak Wilderness of the Mount Baker-Snoqualmie 
National Forest, 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. 908 is to preserve the Green Mountain 
Lookout in the Glacier Peak Wilderness of the Mount Baker-
Snoqualmie National Forest.

                  Background and Need For Legislation

    The Green Mountain Lookout was constructed in 1933 on the 
summit of Green Mountain in Washington state for the purposes 
of fire detection. It was also used to look for enemy aircraft 
during World War II. While the lookout has not been used for 
fire detection for decades, it has become a favorite 
destination for day hikers.
    Green Mountain Lookout was included within the boundary of 
the Glacier Peak Wilderness Area, established by the Washington 
State Wilderness Act of 1984, and was also listed, along with 
seven other lookouts within the Mt. Baker Snoqualmie National 
Forest, in the National Register of Historic Places in 1987. In 
June 2002, the U.S. Forest Service discovered that the 
lookout's foundation had failed as a result of heavy snowfall 
that winter. That August, the Forest Service disassembled and 
removed the lookout by helicopter with the intent to replace 
the foundation and reassemble the lookout. Due to funding and 
other issues, the foundation was not replaced until 2009 and 
the lookout was finally reassembled again using helicopters.
    In 2010, the advocacy group ``Wilderness Watch'' filed a 
lawsuit claiming that the Forest Service's repairs to the 
lookout violated both the Wilderness Act and the National 
Environmental Policy Act, and sought an injunction that would 
require removal of the lookout. In March 2012, the United 
States District Court for the Western District of Washington 
ruled in favor of Wilderness Watch and instructed the Forest 
Service to remove the lookout. On May 2, 2013, the Forest 
Service published notice in the Federal Register of its intent 
to begin preparing an environmental impact statement in 
compliance with the National Environmental Policy Act, 
expecting to begin removing the lookout in summer 2014.
    H.R. 908 would preserve the Green Mountain Lookout by 
amending the Washington State Wilderness Act of 1984 to 
retroactively ensure that the wilderness designation does not 
``preclude the operation and maintenance of the Green Mountain 
Lookout.'' The legislation would also prohibit the Forest 
Service from moving the lookout unless the agency determines 
that it is necessary ``to preserve the lookout or to ensure the 
safety of individuals on or around Green Mountain.''

                            Committee Action

    H.R. 908 was introduced on February 28, 2013, by 
Congresswoman Suzan K. DelBene (D-WA). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on Public Lands and Environmental Regulation. 
On July 23, 2013, the Subcommittee held a hearing on the bill. 
On July 31, 2013, the Full Natural Resources Committee met to 
consider the bill. The Subcommittee on Public Lands and 
Environmental Regulation was discharged by unanimous consent. 
No amendments were offered, and the bill was then adopted and 
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. 908--Green Mountain Lookout Heritage Protection Act

    H.R. 908 would prevent the Forest Service from removing a 
building from the Glacier Peak Wilderness Area in Washington 
state unless the agency determines that the structure is unsafe 
for visitors. Based on information provided by the Forest 
Service, CBO estimates that implementing the legislation would 
have no significant net impact on the federal budget. Enacting 
H.R. 908 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    In 2012, a federal court ordered the Forest Service to 
remove a lookout structure from Green Mountain, located in the 
wilderness area. Under the bill, the agency would be authorized 
to remove the structure only if it poses a risk to public 
safety. Because the lookout was recently reconstructed, CBO 
expects that, under the bill, the agency would allow the 
structure to remain on the mountain for several years. As a 
result, CBO estimates, the Forest Service would not need to 
spend about $200,000 in appropriated funds to remove the 
structure; the amounts required to maintain the structure over 
the next five years would be minimal.
    H.R. 908 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
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. Based on 
information provided by the Forest Service, CBO estimates that 
implementing the legislation would have no significant net 
impact on the federal budget.
    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 preserve the Green Mountain 
Lookout in the Glacier Peak Wilderness of the Mount Baker-
Snoqualmie National Forest.

                           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.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

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

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

        SECTION 4 OF THE WASHINGTON STATE WILDERNESS ACT OF 1984

  Sec. 4. (a) * * *
  (b) Subject to valid existing rights, each wilderness area 
designated by section 3 of this Act shall be administered by 
the Secretary of Agriculture in accordance with the provisions 
of the Wilderness Act of 1964 governing areas designated by 
that Act as wilderness areas, except that with respect to any 
area designated in section 3 of this Act, any reference in such 
provisions to the effective date of the Wilderness Act of 1964 
shall be deemed to be a reference to the effective date of this 
Act)[.], 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.

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