1.This Act may be cited as the
Federal Land Avalanche Protection Act
of 2009
.
2.In this Act:
(1)The term program means the
avalanche protection program established under section 3(a).
(2)The term Secretary means the
Secretary of Agriculture.
3.Avalanche protection
program
(a)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)
(1)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)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)
(1)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)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)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)
(1)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)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)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
appropriationsThere is
authorized to be appropriated to carry out this Act $4,000,000 for each of
fiscal years 2010 through 2014.
5.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.
1.This Act may be cited as the
Federal Land Avalanche Protection Act
of 2010
.
2.In this Act:
(1)The
term Committee means the Avalanche Artillery Users of North
America Committee.
(2)The
term program means the avalanche protection program established
under section 3(a).
(3)The
term Secretary means the Secretary of Agriculture, acting through
the Chief of the Forest Service.
3.Avalanche protection
program
(a)The
Secretary shall establish an avalanche protection program to provide
information and assistance to users of avalanche-prone National Forest System
land.
(b)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)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)
(1)The Secretary may make grants to any person to further
the objectives of the program.
(2)The
Secretary shall give priority to grants under paragraph (1) that enhance public
safety.
(3)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this subsection $4,000,000 for each of fiscal years 2010 through
2014.
August 5, 2010
Reported with an amendment