[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 931 Reported in Senate (RS)]






                                                       Calendar No. 676
108th CONGRESS
  2d Session
                                 S. 931

                          [Report No. 108-320]

   To direct the Secretary of the Interior to undertake a program to 
    reduce the risks from and mitigate the effects of avalanches on 
visitors to units of the National Park System and on other recreational 
                         users of public land.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2003

 Mr. Stevens (for himself, Mr. Campbell, Mr. Domenici, Mr. Hatch, Mr. 
  Inouye, and Ms. Murkowski) introduced the following bill; which was 
    read twice and referred to the Committee on Energy and Natural 
                               Resources

                            August 25, 2004

 Reported under authority of the order of the Senate of July 22, 2004, 
    by Mr. Domenici, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of the Interior to undertake a program to 
    reduce the risks from and mitigate the effects of avalanches on 
visitors to units of the National Park System and on other recreational 
                         users of public land.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Land Recreational 
Visitor Protection Act of 2003''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Program.--The term ``program'' means the 
        avalanche protection program established under section 
        3(a).</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. AVALANCHE PROTECTION PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--The Secretary shall establish a 
coordinated avalanche protection program--</DELETED>
        <DELETED>    (1) to provide early identification of the 
        potential for avalanches that could endanger the safety of 
        visitors to units of the National Park System and recreational 
        users of public land, including skiers, backpackers, 
        snowboarders, and campers; and</DELETED>
        <DELETED>    (2) to reduce the risks and mitigate the effects 
        of avalanches on visitors, recreational users, neighboring 
        communities, and transportation corridors.</DELETED>
<DELETED>    (b) Coordination.--</DELETED>
        <DELETED>    (1) In general.--In developing and implementing 
        the program, the Secretary shall consult with the Secretary of 
        Agriculture, and coordinate the program, to ensure adequate 
        levels of protection for recreational users of public land and 
        forests under the jurisdiction of the Secretary of Agriculture, 
        including National Recreation Areas, wilderness and backcountry 
        areas, components of the National Wild and Scenic Rivers 
        System, and other areas that are subject to the potential 
        threat of avalanches.</DELETED>
        <DELETED>    (2) Resources.--In carrying out this section, the 
        Secretary and the Secretary of Agriculture--</DELETED>
                <DELETED>    (A) shall, to the maximum extent 
                practicable, use the resources of the National 
                Avalanche Center of the Forest Service; and</DELETED>
                <DELETED>    (B) may use such other resources as the 
                Secretary has available in the development and 
                implementation of the program.</DELETED>
<DELETED>    (c) Advisory Committee.--</DELETED>
        <DELETED>    (1) In general.--The Secretary and the Secretary 
        of Agriculture shall jointly establish an advisory committee to 
        assist in the development and implementation of the 
        program.</DELETED>
        <DELETED>    (2) Membership.--</DELETED>
                <DELETED>    (A) In general.--The Advisory Committee 
                shall consist of 11 members, appointed by the 
                Secretaries, who represent authorized users of 
                artillery, other military weapons, or weapons 
                alternatives used for avalanche control.</DELETED>
                <DELETED>    (B) Representatives.--The membership of 
                the Advisory Committee shall include representatives 
                of--</DELETED>
                        <DELETED>    (i) Federal land management 
                        agencies and concessionaires or permittees that 
                        are exposed to the threat of 
                        avalanches;</DELETED>
                        <DELETED>    (ii) State departments of 
                        transportation that have experience in dealing 
                        with the effects of avalanches; and</DELETED>
                        <DELETED>    (iii) Federal- or State-owned 
                        railroads that have experience in dealing with 
                        the effects of avalanches.</DELETED>
<DELETED>    (d) Central Depository.--The Secretary, the Secretary of 
Agriculture, and the Secretary of the Army shall establish a central 
depository for weapons, ammunition, and parts for avalanche control 
purposes, including an inventory that can be made available to Federal 
and non-Federal entities for avalanche control purposes under the 
program.</DELETED>
<DELETED>    (e) Grants.--</DELETED>
        <DELETED>    (1) In general.--The Secretary and the Secretary 
        of Agriculture may make grants to carry out projects and 
        activities under the program--</DELETED>
                <DELETED>    (A) to assist in the prevention, 
                forecasting, detection, and mitigation of avalanches 
                for the safety and protection of persons, property, and 
                at-risk communities;</DELETED>
                <DELETED>    (B) to maintain essential transportation 
                and communications affected or potentially affected by 
                avalanches;</DELETED>
                <DELETED>    (C) to assist avalanche artillery users to 
                ensure the availability of adequate supplies of 
                artillery and other unique explosives required for 
                avalanche control in or affecting--</DELETED>
                        <DELETED>    (i) units of the National Park 
                        System; and</DELETED>
                        <DELETED>    (ii) other Federal land used for 
                        recreation purposes; and</DELETED>
                        <DELETED>    (iii) adjacent communities, and 
                        essential transportation corridors, that are at 
                        risk of avalanches; and</DELETED>
                <DELETED>    (D) to assist public or private persons 
                and entities in conducting research and development 
                activities for cost-effective and reliable alternatives 
                to minimize reliance on military weapons for avalanche 
                control.</DELETED>
        <DELETED>    (2) Apportionment of funds.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), for each fiscal year for which funds are made 
                available under section 4, the Secretary shall 
                apportion the amount of funds made available for the 
                fiscal year among States with avalanche zones based on 
                the ratio that the total area of avalanche zones 
                located in each State bears to the total area of all 
                avalanche zones in all States.</DELETED>
                <DELETED>    (B) Priority.--In providing grants under 
                this subsection, the Secretary shall give priority to 
                projects and activities carried out in avalanche 
                zones--</DELETED>
                        <DELETED>    (i) with a high frequency or 
                        severity of avalanches; or</DELETED>
                        <DELETED>    (ii) in which deaths or serious 
                        injuries to individuals, or loss or damage to 
                        public facilities and communities, have 
                        occurred or are likely to occur.</DELETED>
<DELETED>    (f) Surplus Ordinance.--Section 549(c)(3) of title 40, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), by striking ``or'' after 
        the semicolon at the end;</DELETED>
        <DELETED>    (2) in subparagraph (B), by striking the period at 
        the end and inserting ``; or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(C) in the case of surplus artillery 
                ordinance that is suitable for avalanche control 
                purposes, to a user of such ordinance.''.</DELETED>

<DELETED> SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Land Recreational Visitor 
Protection Act of 2004''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Program.--The term ``program'' means the avalanche 
        protection program established under section 3(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 3. AVALANCHE PROTECTION PROGRAM.

    (a) Establishment.--The Secretary shall establish a coordinated 
avalanche protection program--
            (1) to provide early identification of the potential for 
        avalanches that could endanger the safety of recreational users 
        of public land, including skiers, backpackers, snowboarders, 
        and campers and visitors to units of the National Park System; 
        and
            (2) to reduce the risks and mitigate the effects of 
        avalanches on visitors, recreational users, neighboring 
        communities, and transportation corridors.
    (b) Coordination.--
            (1) In general.--In developing and implementing the 
        program, the Secretary shall consult with the Secretary of the 
        Interior, and coordinate the program, to ensure adequate levels 
        of protection for recreational users of public land under the 
        jurisdiction of the Secretary of the Interior, including units 
        of the National Park System, National Recreation Areas, 
        wilderness and backcountry areas, components of the National 
        Wild and Scenic Rivers System, and other areas that are subject 
        to the potential threat of avalanches.
            (2) Resources.--In carrying out this section, the Secretary 
        and the Secretary of the Interior--
                    (A) shall, to the maximum extent practicable, use 
                the resources of the National Avalanche Center of the 
                Forest Service; and
                    (B) may use such other resources as the Secretary 
                has available in the development and implementation of 
                the program.
    (c) Advisory Committee.--
            (1) In general.--The Secretary and the Secretary of the 
        Interior shall jointly establish an advisory committee to 
        assist in the development and implementation of the program.
            (2) Membership.--
                    (A) In general.--The Advisory Committee shall 
                consist of 11 members, appointed by the Secretaries, 
                who represent authorized users of artillery, other 
                military weapons, or weapons alternatives used for 
                avalanche control.
                    (B) Representatives.--The membership of the 
                Advisory Committee shall include representatives of--
                            (i) Federal land management agencies and 
                        concessionaires or permittees that are exposed 
                        to the threat of avalanches;
                            (ii) State departments of transportation 
                        that have experience in dealing with the 
                        effects of avalanches; and
                            (iii) Federal- or State-owned railroads 
                        that have experience in dealing with the 
                        effects of avalanches.
    (d) Central Depository.--The Secretary, the Secretary of the 
Interior, and the Secretary of the Army shall establish a central 
depository for weapons, ammunition, and parts for avalanche control 
purposes, including an inventory that can be made available to Federal 
and non-Federal entities for avalanche control purposes under the 
program.
    (e) Grants.--
            (1) In general.--The Secretary and the Secretary of the 
        Interior may make grants to carry out projects and activities 
        under the program--
                    (A) to assist in the prevention, forecasting, 
                detection, and mitigation of avalanches for the safety 
                and protection of persons, property, and at-risk 
                communities;
                    (B) to maintain essential transportation and 
                communications affected or potentially affected by 
                avalanches;
                    (C) to assist avalanche artillery users to ensure 
                the availability of adequate supplies of artillery and 
                other unique explosives required for avalanche control 
                in or affecting--
                            (i) units of the National Park System; and
                            (ii) other Federal land used for recreation 
                        purposes; and
                            (iii) adjacent communities, and essential 
                        transportation corridors, that are at risk of 
                        avalanches; and
                    (D) to assist public or private persons and 
                entities in conducting research and development 
                activities for cost-effective and reliable alternatives 
                to minimize reliance on military weapons for avalanche 
                control.
            (2) Priority.--For each fiscal year for which funds are 
        made available under section 4, the Secretary shall give 
        priority to projects and activities carried out in avalanche 
        zones--
                    (A) with a high frequency or severity of 
                avalanches; or
                    (B) in which deaths or serious injuries to 
                individuals, or loss or damage to public facilities and 
                communities, have occurred or are likely to occur.
    (f) Surplus Ordinance.--Section 549(c)(3) of title 40, United 
States Code, is amended--
            (1) in subparagraph (A), by striking ``or'' after the 
        semicolon at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) in the case of surplus artillery ordinance 
                that is suitable for avalanche control purposes, to a 
                user of such ordinance.''.

 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$15,000,000 for each of fiscal years 2005 through 2009.
            Amend the title so as to read: ``A bill to direct the 
        Secretary of Agriculture to undertake a program to reduce the 
        risks from and mitigate the effects of avalanches on 
        recreational users of public land.''.




                                                       Calendar No. 676

108th CONGRESS

  2d Session

                                 S. 931

                          [Report No. 108-320]

_______________________________________________________________________

                                 A BILL

   To direct the Secretary of the Interior to undertake a program to 
    reduce the risks from and mitigate the effects of avalanches on 
visitors to units of the National Park System and on other recreational 
                         users of public land.

_______________________________________________________________________

                            August 25, 2004

        Reported with an amendment and an amendment to the title