[Senate Report 113-140]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 338
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-140

======================================================================



 
               GREEN MOUNTAIN LOOKOUT HERITAGE PROTECTION

                                _______
                                

                 March 31, 2014.--Ordered to be printed

                                _______
                                

   Ms. Landrieu, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 404]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S.404) to preserve the Green Mountain 
Lookout in the Glacier Peak Wilderness of the Mount Baker-
Snoqualmie National Forest, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.
    The amendment is as follows:
  On page 2, after line 23, add the following:

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.
          (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.

                                Purpose

    The purpose of S. 404, as ordered reported, is to preserve 
the Green Mountain Lookout in the Glacier Peak Wilderness of 
the Mount Baker-Snoqualmie National Forest in Washington, and 
to direct the Secretary of the Interior to issue a patent for 
an Alaska Native Veteran Allotment located in the Yukon-Delta 
National Wildlife Refuge in Alaska

                          Background and Need

    The Green Mountain Lookout is located at the summit of 
6,500 -foot Green Mountain, positioned in the western portion 
of the 573,000-acre Glacier Peak Wilderness in Washington 
State. The Civilian Conservation Corps built the lookout in 
1933 as part of a fire detection system in the North Cascade 
Mountains. The lookout is located on National Forest lands and 
maintained by the Forest Service. The spectacular view and 
relatively easy four-mile-long trail to the summit has made it 
a popular destination for Northwest hikers for decades.
    The lookout was reconstructed and rehabilitated many times 
since its initial construction. In 2002, the Forest Service 
decided that the lookout would need to be removed and 
reconstructed in order to prevent its ultimate collapse due to 
the damage it suffered from heavy snowfall. The Forest Service 
disasembled the lookout and removed it by helicopter, salvaging 
original materials where possible. Although the agency 
originally intended to return the rebuilt lookout to Green 
Mountain as soon as possible, because of funding constraints, 
it was not until 2009 that the Forest Service returned the 
disassembled reconstructed components of the lookout back to 
Green Mountain using over 65 helicopter trips.
    Wilderness Watch filed suit against the Forest Service, 
alleging that the agency violated the National Environmental 
Policy Act and the Wilderness Act by rebuilding the lookout 
within the Glacier Peak Wilderness without having undertaken 
the required environmental analysis. In March 2012, the Federal 
District Court for the Western District of Washington granted 
summary judgment for the plaintiffs. Wilderness Watch v. 
Iwamoto and United States Forest Service, 853 F. Supp. 2d 1063 
(2012). The Forest Service subsequently published a notice of 
intent to remove the lookout.
    S. 404 would block the removal of the Green Mountain 
Lookout and would allow the Forest Service to continue to 
operate and maintain it within the Glacier Peak Wilderness.

                          Legislative History

    Senators Murray and Cantwell introduced S. 404 on February 
28, 2013. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 404 on July 30, 2013 (S. Hrg 113-85). At 
its business meeting on December 19, 2013, S. 404 was reported 
favorably with an amendment.
    A companion measure, H.R. 908, was reported by the House 
Committee on Natural Resources on January 23, 2014 (H. Rept. 
113-328), and was included as title VI of H.R. 2954, which 
passed the House of Representatives on February 15, 2014.
    In the 112th Congress, Senators Murray and Cantwell 
introduced similar legislation, S. 3683, although no action was 
taken on the bill.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on December 19, 2013, by a voice vote of 
a quorum present, recommends that the Senate pass S. 404, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 404, the Committee adopted 
an amendment which directed the Secretary of the Interior to 
approve an Alaska Native Veteran Allotment application and to 
issue a patent for the Federal land covered by the application. 
The land in question is located within the Andreafsky 
Wilderness in the Yukon-Delta National Wildlife Refuge in 
southwestern Alaska.
    The application for the land was approved in 2008 by the 
U.S. Fish and Wildlife Service and the Bureau of Land 
Management, and following the approval, the applicant built a 
subsistence cabin on the land. However, in 2011 the approval 
was revoked because the land was located within a wilderness 
area, and although the applicant had by that time built a 
subsistence cabin, the agencies directed that the cabin be 
removed. The amendment directs the Secretary of the Interior to 
approve the application and issue a patent to allow for the 
continued use of the cabin.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Green Mountain 
Lookout Heritage Protection Act.''
    Section 2(a) amends section 4(b) of the Washington State 
Wilderness Act of 1984 to clarify that the designation of the 
Glacier Peak Wilderness does not preclude the operation and 
maintenance of the Green Mountain Lookout.
    Subsection (b) states that the amendment made by this 
section shall take effect as if included in the original 
enactment of the Washington State Wilderness Act of 1984.
    Section 3 prohibits the Forest Service from moving the 
Green Mountain Lookout from its current location on Green 
Mountain unless the Chief of the Forest Service determines that 
moving the lookout is necessary for its preservation or to 
ensure the safety of individuals on or around Green Mountain. 
If the Forest Service determines that the lookout should be 
moved, it must be located outside of the wilderness.
    Section 4 pertains to the approval by the Secretary of the 
Interior of a Alaska Native Veterans Allotment patent within 
the Yukon-Delta National Wildlife Refuge in Alaska.
    Subsection (a) defines key terms used in the section.
    Subsection (b) directs the Secretary of the Interior, 
notwithstanding section 41 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1629g), to approve the referenced 
Alaska Native Veteran Allotment application and issue a patent 
for the Federal land covered by the application.
    Subsection (c) lists the terms and conditions for the 
patent. Paragraph (1) states that the patent shall only be for 
the surface rights to the Federal land and shall be subject to 
the terms and conditions of a certificate issued under section 
41 of the Alaska Native Claims Settlement Act, including 
provisions that the patent is subject to valid existing rights. 
The patent shall be subject to the right of the United States 
to income directly or indirectly derived from the land covered 
by the patent, and the United States reserves an interest in 
oil, gas, and coal deposits on such land, including the right 
to explore, mine, and remove minerals.
    Paragraph (2) provides that the Secretary may require any 
additional terms and conditions for the issuance of the patent 
that the Secretary determines appropriate to protect the 
interests of the United States.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 404--Green Mountain Lookout Heritage Protection Act

    S. 404 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 
S. 404 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.
    The bill also would require the Secretary of the Interior 
to restore a land grant issued to an individual under the 
Alaska Native Veterans Allotment Act. The Department of the 
Interior (DOI) voided the original land grant when the agency 
determined that the affected lands were located within the 
Yukon Delta National Wildlife Refuge. Because the affected 
lands are located within the refuge, CBO expects that any 
activities that could generate offsetting receipts from those 
lands over the next 10 years would be prohibited, and we 
estimate that issuing the land grant would not affect the 
federal budget.
    S. 404 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.
    On September 3, 2013, CBO transmitted a cost estimate for 
H.R. 908, the Green Mountain Lookout Heritage Protection Act, 
as ordered reported by the House Committee on Natural Resources 
on July 31, 2013. S. 404 contains provisions similar to those 
in H.R. 908 and additional provisions that would require DOI to 
issue a land grant in Alaska. The estimated costs of 
implementing the bills are the same.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 404.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 404, as ordered reported.

                   Congressionally Directed Spending

    S. 404, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by Forest Service at the July 30, 
2013, Subcommittee on Public Lands, Forests, and Mining hearing 
on S. 404 follows:

Statement of Leslie Weldon, Deputy Chief, National Forest System, U.S. 
               Forest Service, Department of Agriculture

    S. 404, ``To Preserve the Green Mountain Lookout in the 
Glacier Peak Wilderness of the Mount Baker-Snowqualmie National 
Forest'', would amend the Washington State Wilderness Act of 
1984 (Public Law 98-339; 98 Stat. 300; 16 U.S.C. 1131 note) by 
inserting language that would allow for the operation and 
maintenance of Green Mountain Lookout. The Department supports 
the bill.
    The Green Mountain Lookout represents a slice in time of 
the history of the area, and is a feature that is appreciated 
by many visitors. S. 404 would provide the opportunity for 
future wilderness visitors to see how human influence has 
shaped our wildlands. This legislation provides sufficient 
latitude to the Secretary of Agriculture to consider 
appropriate management strategies for the future, including 
removal of the lookout to a different location if the condition 
of the facility or use in the area warrants such action.
    The Lookout was built in 1933 for fire detection on Green 
Mountain in what is now known as the Mt. Baker-Snoqualmie 
National Forest. In 1968 the Glacier Peak Wilderness Area was 
expanded by Congress to include a portion of the lookout site. 
In 1984 Congress passed the Washington Wilderness Act which 
designated the remainder of the peak as wilderness. In 1988 
Green Mountain lookout was listed on the National Register of 
Historic Places. The Forest Service regularly staffed the 
lookout through 1984, and subsequently it was used for fire 
detection on an as-needed basis. It was closed in 1995 due to 
its deteriorating condition which posed a safety hazard to the 
public.
    The 1990 Mt. Baker-Snoqualmie National Forest Land and 
Resource Management Plan (Forest Plan) designated Green 
Mountain Lookout as a special wilderness allocation that 
accepted the non-conforming use of the lookout along with 
direction to ``stabilize and preserve'' the structure. An 
analysis using a categorical exclusion which did not analyze 
alternatives for dealing with the lookout was prepared under 
the National Environmental Policy Act (NEPA) and a decision 
memo was completed in September 1998 which authorized the use 
of a helicopter and mechanized tools to rehabilitate the 
lookout. Rehabilitation efforts, including replacement of the 
deteriorated substructure, occurred from 1999 to 2001 with the 
help of grant money and the contribution of thousands of 
volunteer hours. Heavy snow during the winter of 2002 resulted 
in damage to the new foundation. Later that year, after 
consultation with the Washington State Historic Preservation 
Officer, the Forest Service authorized the dismantling and 
removal of the structure to a temporary site outside of 
Wilderness on the Mt. Baker-Snoqualmie National Forest. In 
doing so, each piece was identified and individually tagged so 
that it could be reassembled and restored to its exact original 
location and position, retaining those features which convey 
its historical significance. All work on the lookout was done 
in conformance with the Secretary of the Interior's Standards 
and Guidelines for Rehabilitation of Historic Properties.
    Many volunteer workshops over the years repaired and 
custom-manufactured missing parts to the original 
specifications. The lookout foundation was prepared on-site in 
2009 and the disassembled lookout was flown back to Green 
Mountain and reassembled on the new substructure.
    A complaint was filed in the United States District Court 
by Wilderness Watch during the fall of 2010, alleging the 
repairs violated the NEPA and the Wilderness Act. In March, 
2012, the District Court issued a decision in favor of the 
plaintiff. The Court determined that the Forest Service failed 
to justify an exception to prohibited conduct in a wilderness 
area with the 2002 decision to rehabilitate and reconstruct the 
lookout using helicopters and mechanized tools. The Court also 
found a NEPA violation based on the failure to conduct an 
Environmental Assessment, an Environmental Impact Statement, 
or, at a minimum, a reassessment of whether a categorical 
exclusion intended for repair and maintenance of recreation 
sites and facilities was applicable to the plans to dismantle, 
restore, and reconstruct the lookout in a wilderness area. In 
September 2012, the Court directed the Forest Service to 
determine how to move forward.
    The Forest Service is currently implementing the Court's 
order. The initial steps have been taken to prepare the plan 
and draft an Environmental Impact Statement that will determine 
the specific action to be taken. A final decision is expected 
by June 2014. Should the bill become law, the Forest Service 
will use the planning and EIS process to consider appropriate 
management strategies for the future, including removal of the 
lookout to a different location if the condition of the 
facility or use in the wilderness area warrants such action.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 404, as ordered 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):

                WASHINGTON STATE WILDERNESS ACT OF 1984


         Public Law 98-339 (98 Stat. 299) Approved July 3, 1984


 AN ACT To designate certain National Forest System lands in the State 
  of Washington for inclusion in the National Wilderness Preservation 
                    System; and for other purposes.

    Section 1. This Act may be referred to as the Washington 
State Wilderness Act of 1984''.

           *       *       *       *       *       *       *

    Sec. 4. (a) As soon as practicable after this Act takes 
effect, the Secretary of Agriculture shall file the maps 
referred to in section 3 of this Act and legal descriptions of 
each wilderness area designated by section 3 of this Act with 
the Committee on Energy and Natural Resources, United States 
Senate, and the Committee on Interior and Insular Affairs, 
House of Representatives, and each such map and legal 
description shall have the same force and effect as if included 
in this Act: Provided, That correction of clerical and 
typographical errors in such legal descriptions am maps may be 
made. Each such map and legal description shall be on file and 
available for public inspection in the office of the Chief of 
the Forest Service, Department of Agriculture.
    (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, 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 with respect to the lands described in section 3(5), 
the designation of such lands shall not preclude the operation 
and maintenance of Green Mountain Lookout.

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