II Calendar No. 22 109th CONGRESS 1st Session S. 225 [Report No. 109–11] 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.
1.
Short title
This Act may be cited as the Federal Land Recreational Visitor Protection Act of 2005.
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 the Interior.
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 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. (2)
Resources
In carrying out this section, the Secretary and the Secretary of Agriculture— (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 Agriculture 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 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. (e)
Grants
(1)
In general
The Secretary and the Secretary of Agriculture 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. .
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.
1.
Short title
This Act may be cited as the Federal Land Recreational Visitor Protection Act of 2005.
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.
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. .
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.. February 23, 2005 Reported with an amendment and an amendment to the title