[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3042 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3042

To establish a coordinated avalanche protection program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2008

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

_______________________________________________________________________

                                 A BILL


 
To establish a coordinated avalanche protection program, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Land Avalanche Protection 
Act of 2008''.

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, acting through the Chief of the Forest Service.

SEC. 3. AVALANCHE PROTECTION PROGRAM.

    (a) Establishment.--The Secretary shall establish a coordinated 
avalanche protection program--
            (1) to identify the potential for avalanches on Federal 
        land and inform the public, including users of Federal land and 
        other potentially affected parties, about the probability of 
        the avalanches and the potential adverse effects of the 
        avalanches on neighboring communities and transportation and 
        utility corridors;
            (2) to carry out ongoing research regarding the causes of 
        avalanche development, so as to improve forecasting of 
        avalanche events; and
            (3) to reduce the risks of avalanches on Federal land and 
        mitigate the effects of the avalanches on users of that land, 
        neighboring communities, and transportation and utility 
        corridors.
    (b) Coordination.--
            (1) In general.--In developing and implementing the 
        program, the Secretary shall--
                    (A) consult with the Secretary of the Interior; and
                    (B) coordinate the program to ensure adequate 
                levels of protection for recreational users of public 
                land under the jurisdiction of the Secretary and the 
                Secretary of the Interior.
            (2) Resources.--In carrying out this section, the 
        Secretary--
                    (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 are available 
                to the Secretary in the development and implementation 
                of the program.
    (c) Advisory Committee.--
            (1) In general.--The Secretary shall establish an advisory 
        committee composed of 15 members, appointed by the Secretary, 
        to assist in the development and implementation of the program.
            (2) Membership.--The membership of the advisory committee 
        established pursuant to paragraph (1) shall include 
        representatives of--
                    (A) Federal land management agencies and 
                concessionaires or permittees that are exposed to the 
                threat of avalanches;
                    (B) State departments of transportation that have 
                experience in dealing with the effects of avalanches;
                    (C) the Alaska railroad;
                    (D) the United States Geological Survey;
                    (E) the National Oceanic and Atmospheric 
                Administration;
                    (F) the National Weather Service;
                    (G) entities with interest in the program that the 
                Secretary considers to be appropriate for 
                representation on the advisory committee;
                    (H) authorized users of artillery, other military 
                weapons, or weapons alternatives used for avalanche 
                control; and
                    (I) such other members as the Secretary considers 
                to be appropriate.
    (d) Central Depository.--The Secretary, the Secretary of 
Transportation, 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 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, 
                utilities, 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) Federal land used for recreation 
                        purposes; and
                            (ii) adjacent communities, and essential 
                        transportation corridors, that are at risk of 
                        avalanches; and
                    (D) to assist public or private persons (including 
                entities) in--
                            (i) providing public education regarding 
                        avalanches; and
                            (ii) conducting research and development 
                        activities for cost-effective and reliable 
                        alternatives to minimize reliance on military 
                        weapons for avalanche control.
            (2) Priority.--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 ordnance 
                that is suitable for avalanche control purposes, to a 
                user of the ordnance.''.

SEC. 4. LIMITATION.

    Nothing in this Act--
            (1) requires the use of artillery or any other avalanche-
        related actions affecting any unit of the National Park System 
        or any other Federal land; or
            (2) limits the applicability of any Federal law or 
        regulation with respect to any such actions on Federal land.
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