Green Mountain Lookout Heritage Protection Act

The Green Mountain Lookout Heritage Protection Act (S. 404) is a law that prevents the United States Forest Service from removing a building from the Glacier Peak Wilderness in Washington unless the agency determines that the structure is unsafe for visitors.[1] Senator Patty Murray (D-WA) argued that the bill should be passed in order to help the tourism industry in the area, but protecting the lookout point in question.[2] The building had been scheduled to be removed as a result of a lawsuit by a group called the Wilderness Watch against the federal government for using various machinery and a helicopter to repair the lookout.[3]

Green Mountain Lookout Heritage Protection Act
Full titleTo preserve the Green Mountain Lookout in the Glacier Peak Wilderness of the Mount Baker-Snoqualmie National Forest.
Introduced in113th United States Congress
Introduced onFebruary 28, 2013
Sponsored bySen. Patty Murray (D, WA)
Number of co-sponsors1
Effects and codifications
U.S.C. section(s) affected16 U.S.C. § 1131
Agencies affectedUnited States Department of Agriculture, United States Forest Service
Legislative history

The bill was introduced into the United States Senate during the 113th United States Congress. It was signed into law by President Barack Obama on April 16, 2014.

Provisions of the bill

This summary is based largely on the summary provided by the Congressional Research Service, a public domain source.[1]

The Green Mountain Lookout Heritage Protection Act would amend the Washington State Wilderness Act of 1984, with respect to certain lands in the Mount Baker–Snoqualmie and Wenatchee National Forests in the state of Washington that are designated as part of the Glacier Peak Wilderness, to specifically allow the operation and maintenance of Green Mountain Lookout.[1] The lookout was built in 1933 by the Civilian Conservation Corps and is on the National Register of Historic Places.

The bill would prohibit the Secretary of Agriculture (USDA), through the United States Forest Service, from moving the lookout from its current location on Green Mountain in the Mount Baker-Snoqualmie National Forest unless the secretary determines that its move is necessary to preserve the lookout or to ensure the safety of individuals on or around Green Mountain. The bill would require the secretary, if such a determination is made, to move the lookout to a location outside of the lands described in the act.[1]

Congressional Budget Office report

This summary is based largely on the summary provided by the Congressional Budget Office, as ordered reported by the Senate Committee on Energy and Natural Resources on December 19, 2013. This is a public domain source.[4]

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, the Congressional Budget Office (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.[4]

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.[4]

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, the 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.[4]

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.[4]

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 the DOI to issue a land grant in Alaska. The estimated costs of implementing the bills are the same.[4]

Procedural history

The Green Mountain Lookout Heritage Protection Act was introduced in the United States Senate on February 28, 2013, by Sen. Patty Murray (D, WA).[5] It was referred to the United States Senate Committee on Energy and Natural Resources and the United States Senate Energy Subcommittee on Public Lands, Forests and Mining. The bill was reported with an amendment on March 31, 2014 alongside Senate Report 113-140.[5] The bill was passed by unanimous consent on April 3, 2014.[5] On April 7, 2014, the United States House of Representatives voted to pass the bill in a voice vote.[6][7] The bill was signed into law by President Barack Obama on April 15, 2014.[5][8][9]

Debate and discussion

During the debate, the Oso mudslide was declared a major disaster,[10] and Senator Murray argued that the bill would be "a very small step in what will be a very long recovery" and that it would "provide a glimmer of hope for the long-term recovery of this area."[2] In Darrington, Washington, the mayor received a standing ovation when he announced that the bill had passed the Senate. Scott Morris, of the Darrington Historical Society, said that the passage of the bill in the House was a "relief" and that he had "lost track of how long we have been dealing with this."[3]

The National Trust for Historic Preservation supported the bill; the president, Stephanie Meeks, stated that they were "pleased that Congress has acted to protect this historically significant and locally cherished landmark. With this vote, the House joins the Senate in affirming that the preservation of this historic resource is compatible with wilderness protection."[11]

See also

References

  1. "S. 404 – Summary". United States Congress. Retrieved April 5, 2014.
  2. Cox, Ramsey (April 3, 2014). "Senate approves small bill to help Oso recovery". The Hill. Retrieved April 8, 2014.
  3. Fiege, Gale (April 7, 2014). "Mountain lookout is saved, cheering Darrington". The Herald of Everett, Washington. Retrieved April 8, 2014.
  4. "CBO – S. 404". Congressional Budget Office. Retrieved April 5, 2014.
  5. "S. 404 – All Actions". United States Congress. Archived from the original on April 27, 2014. Retrieved April 5, 2014.
  6. Marcos, Cristina (April 7, 2014). "House approves sale of missile frigates to Taiwan". The Hill. Retrieved April 8, 2014.
  7. Kyung M. Song (April 7, 2014), "Fire lookout near Darrington saved by Congress", The Seattle Times
  8. Joel Connelly (April 15, 2014), "Green Mountain Lookout: It's protected but how to get there", Seattle Post-Intelligencer
  9. Brian Turner (April 17, 2014), Historic Green Mountain Lookout Now Saved, National Trust for Historic Preservation via Huffington Post
  10. "Major Disaster Declaration declared on April 2, 2014". Federal Emergency Management Agency. April 2, 2014. Retrieved April 10, 2014.
  11. "National Trust Applauds House Passage of Legislation to Save Historic Green Mountain Lookout". National Trust for Historic Preservation. April 7, 2014. Retrieved April 8, 2014.

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