[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.