II 110th CONGRESS 2d Session S. 3042 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.

1.

Short title

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

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.

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. .

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.