[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2907 Reported in Senate (RS)]

                                                       Calendar No. 536
111th CONGRESS
  2d Session
                                S. 2907

                          [Report No. 111-266]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2009

  Ms. Murkowski (for herself, Mr. Begich, and Mr. Udall of Colorado) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

                             August 5, 2010

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Land Avalanche 
Protection Act of 2009''.</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 Agriculture.</DELETED>

<DELETED>SEC. 3. AVALANCHE PROTECTION PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--The Secretary, acting through the 
Chief of the Forest Service, shall establish a coordinated avalanche 
protection program to--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) carry out ongoing research regarding the 
        causes of avalanche development, so as to improve forecasting 
        of avalanche events; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Coordination.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Resources.--In carrying out this section, the 
        Secretary--</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 shall establish an 
        advisory committee of 15 members, appointed by the Secretary, 
        to assist in the development and implementation of the 
        program.</DELETED>
        <DELETED>    (2) Membership.--The membership of the advisory 
        committee established pursuant to paragraph (1) shall include 
        representatives of--</DELETED>
                <DELETED>    (A) Federal land management agencies and 
                concessionaires or permittees that are exposed to the 
                threat of avalanches;</DELETED>
                <DELETED>    (B) State departments of transportation 
                that have experience in dealing with the effects of 
                avalanches;</DELETED>
                <DELETED>    (C) the Alaska railroad;</DELETED>
                <DELETED>    (D) the United States Geological 
                Survey;</DELETED>
                <DELETED>    (E) the National Oceanic and Atmospheric 
                Administration;</DELETED>
                <DELETED>    (F) the National Weather 
                Service;</DELETED>
                <DELETED>    (G) entities with interest in the program 
                that the Secretary considers appropriate for 
                representation on the board;</DELETED>
                <DELETED>    (H) authorized users of artillery, other 
                military weapons, or weapons alternatives used for 
                avalanche control; and</DELETED>
                <DELETED>    (I) such other members as the Secretary 
                considers appropriate.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Grants.--</DELETED>
        <DELETED>    (1) In general.--The Secretary 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, 
                utilities, 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) Federal land used for 
                        recreation purposes; and</DELETED>
                        <DELETED>    (ii) 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 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.</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 $4,000,000 for each of fiscal years 2010 through 2014.</DELETED>

<DELETED>SEC. 5. LIMITATION.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Land Avalanche Protection 
Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Committee.--The term ``Committee'' means the Avalanche 
        Artillery Users of North America Committee.
            (2) Program.--The term ``program'' means the avalanche 
        protection program established under section 3(a).
            (3) 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 an avalanche 
protection program to provide information and assistance to users of 
avalanche-prone National Forest System land.
    (b) Objectives.--The objectives of the program include--
            (1) to inform and educate the public about the risks posed 
        by avalanches to reduce the potential for injury, death, or 
        property damage;
            (2) to provide avalanche forecasts for avalanche-prone 
        areas of the National Forest System that are frequented by 
        recreational or other users;
            (3) to provide oversight of activities relating to the 
        prevention and control of avalanches by ski area and other 
        special use permit holders on National Forest System land, 
        including the procurement, control, and use of artillery; and
            (4) to facilitate research on the objectives of the 
        program, including research on the development of alternatives 
        to military artillery.
    (c) Coordination.--In carrying out this section, the Secretary 
shall--
            (1) use the resources of--
                    (A) the National Avalanche Center of the Forest 
                Service; and
                    (B) other partners; and
            (2) work with the Committee and other partners to improve--
                    (A) coordination among users of artillery used to 
                prevent and control avalanches; and
                    (B) access to, and the control and use of, 
                artillery and other methods to prevent and control 
                avalanches.
    (d) Grants.--
            (1) In general.--The Secretary may make grants to any 
        person to further the objectives of the program.
            (2) Priority.--The Secretary shall give priority to grants 
        under paragraph (1) that enhance public safety.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $4,000,000 for 
        each of fiscal years 2010 through 2014.
                                                       Calendar No. 536

111th CONGRESS

  2d Session

                                S. 2907

                          [Report No. 111-266]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             August 5, 2010

                       Reported with an amendment