[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4407 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4407
To establish a coordinated avalanche protection program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 16, 2009
Mr. Young of Alaska introduced the following bill; which was referred
to the Committee on Natural Resources, and in addition to the
Committees on Oversight and Government Reform and Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
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 2009''.
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, acting through the Chief of the
Forest Service, shall establish a coordinated avalanche protection
program to--
(1) identify the potential for avalanches on Federal lands
and inform the public, including users of those lands and other
potentially affected parties, about the probability of such
avalanches and their potential adverse effects on neighboring
communities and on transportation and utility corridors;
(2) carry out ongoing research regarding the causes of
avalanche development, so as to improve forecasting of
avalanche events; and
(3) reduce the risks of avalanches on Federal lands and
mitigate their effects on users of those lands, neighboring
communities, and transportation and utility 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 such Secretary.
(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 the Secretary
has available in the development and implementation of
the program.
(c) Advisory Committee.--
(1) In general.--The Secretary shall establish an advisory
committee 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 appropriate for representation on
the board;
(H) authorized users of artillery, other military
weapons, or weapons alternatives used for avalanche
control; and
(I) such other members as the Secretary considers
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 and
entities in public education regarding avalanches and
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
$4,000,000 for each of fiscal years 2010 through 2014.
SEC. 5. LIMITATION.
Nothing in this Act shall be construed to require use of artillery
or any other avalanche-related actions affecting any unit of the
National Park System or any other Federal lands or to limit the
applicability of any Federal law or regulation with respect to any such
actions on such lands.
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