39–010 

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 


smartinez on DSK6TPTVN1PROD with REPORTS
2 

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 


smartinez on DSK6TPTVN1PROD with REPORTS
3 

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 YukonDelta 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. 


smartinez on DSK6TPTVN1PROD with REPORTS
4 

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. 


smartinez on DSK6TPTVN1PROD with REPORTS
5 

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 conVerDate Mar 15 2010 05:46 Apr 01, 2014 Jkt 039010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR140.XXX SR140

smartinez on DSK6TPTVN1PROD with REPORTS
6 

sider 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. BakerSnoqualmie 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 ForVerDate Mar 15 2010 05:46 Apr 01, 2014 Jkt 039010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR140.XXX SR140

smartinez on DSK6TPTVN1PROD with REPORTS
7 

est 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 SecVerDate Mar 15 2010 05:46 Apr 01, 2014 Jkt 039010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR140.XXX SR140

smartinez on DSK6TPTVN1PROD with REPORTS
8 

retary 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 Actø.¿ 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. 

* * * * * * * 

Æ 


smartinez on DSK6TPTVN1PROD with REPORTS