[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 225 Reported in Senate (RS)]






                                                        Calendar No. 22
109th CONGRESS
  1st Session
                                 S. 225

                          [Report No. 109-11]

   To direct the Secretary of the Interior to undertake a program to 
    reduce the risks from and mitigate the effects of avalanches on 
                   recreational users of public land.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2005

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

                           February 23, 2005

  Reported under authority of the order of the Senate of February 17, 
 2005, 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 
                   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 2005''.</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 
        recreational users of public land, including skiers, 
        backpackers, snowboarders, and campers and visitors to units of 
        the National Park System; 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 
        under the jurisdiction of the Secretary, 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.</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) 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--</DELETED>
                <DELETED>    (A) with a high frequency or severity of 
                avalanches; or</DELETED>
                <DELETED>    (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.</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 is authorized to be appropriated to carry out this 
Act $15,000,000 for each of fiscal years 2006 through 2010.</DELETED>

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Federal Land Recreational Visitor 
Protection Act of 2005''.

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, in consultation with the 
Secretary of the Interior, 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 Ordnance.--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 ordnance 
                that is suitable for avalanche control purposes, to a 
                user of such ordnance.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$15,000,000 for each of fiscal years 2006 through 2010.
            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. 22

109th CONGRESS

  1st Session

                                 S. 225

                          [Report No. 109-11]

_______________________________________________________________________

                                 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 
                   recreational users of public land.

_______________________________________________________________________

                           February 23, 2005

        Reported with an amendment and an amendment to the title