[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9349-S9350]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        FEDERAL LAND RECREATIONAL VISITOR PROTECTION ACT OF 2004

  The Senate proceeded to consider the bill (S. 931) to direct the 
Secretary of the Interior to undertake a program to reduce the risks 
from and mitigate the effects of avalanches on visitors to units of the 
National Park System and on other recreational users of public land, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                 S. 931

       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 Recreational 
     Visitor Protection Act of 2003''.

     [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 the Interior.

     [SEC. 3. AVALANCHE PROTECTION PROGRAM.

       [(a) Establishment.--The Secretary shall establish a 
     coordinated avalanche protection program--
       [(1) to provide early identification of the potential for 
     avalanches that could endanger the safety of visitors to 
     units of the National Park System and recreational users of 
     public land, including skiers, backpackers, snowboarders, and 
     campers; and
       [(2) to reduce the risks and mitigate the effects of 
     avalanches on visitors, recreational users, neighboring 
     communities, and transportation corridors.
       [(b) Coordination.--
       [(1) In general.--In developing and implementing the 
     program, the Secretary shall consult with the Secretary of 
     Agriculture, and coordinate the program, to ensure adequate 
     levels of protection for recreational users of public land 
     and forests under the jurisdiction of the Secretary of 
     Agriculture, including National Recreation Areas, wilderness 
     and backcountry areas, components of the National Wild and 
     Scenic Rivers System, and other areas that are subject to the 
     potential threat of avalanches.
       [(2) Resources.--In carrying out this section, the 
     Secretary and the Secretary of Agriculture--
       [(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 and the Secretary of 
     Agriculture shall jointly establish an advisory committee to 
     assist in the development and implementation of the program.
       [(2) Membership.--
       [(A) In general.--The Advisory Committee shall consist of 
     11 members, appointed by the Secretaries, who represent 
     authorized users of artillery, other military weapons, or 
     weapons alternatives used for avalanche control.
       [(B) Representatives.--The membership of the Advisory 
     Committee shall include representatives of--
       [(i) Federal land management agencies and concessionaires 
     or permittees that are exposed to the threat of avalanches;
       [(ii) State departments of transportation that have 
     experience in dealing with the effects of avalanches; and
       [(iii) Federal- or State-owned railroads that have 
     experience in dealing with the effects of avalanches.
       [(d) Central Depository.--The Secretary, the Secretary of 
     Agriculture, 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 and the Secretary of 
     Agriculture 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 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) units of the National Park System; and
       [(ii) other Federal land used for recreation purposes; and
       [(iii) adjacent communities, and essential transportation 
     corridors, that are at risk of avalanches; and
       [(D) to assist public or private persons and entities in 
     conducting research and development activities for cost-
     effective and reliable alternatives to minimize reliance on 
     military weapons for avalanche control.
       [(2) Apportionment of funds.--
       [(A) In general.--Subject to subparagraph (B), for each 
     fiscal year for which funds are made available under section 
     4, the Secretary shall apportion the amount of funds made 
     available for the fiscal year among States with avalanche 
     zones based on the ratio that the total area of avalanche 
     zones located in each State bears to the total area of all 
     avalanche zones in all States.
       [(B) Priority.--In providing grants under this subsection, 
     the Secretary shall give priority to projects and activities 
     carried out in avalanche zones--
       [(i) with a high frequency or severity of avalanches; or
       [(ii) 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 ordinance that is 
     suitable for avalanche control purposes, to a user of such 
     ordinance.''.

     [SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       [There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Land Recreational 
     Visitor Protection Act of 2004''.

     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 shall establish a 
     coordinated avalanche protection program--
       (1) to provide early identification of the potential for 
     avalanches that could endanger the safety of recreational 
     users of public land, including skiers, backpackers, 
     snowboarders, and campers and visitors to units of the 
     National Park System; and
       (2) to reduce the risks and mitigate the effects of 
     avalanches on visitors, recreational users, neighboring 
     communities, and transportation 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 the Secretary of the Interior, 
     including units of the National Park System, National 
     Recreation Areas, wilderness and backcountry areas, 
     components of the National Wild and Scenic Rivers System, and 
     other areas that are subject to the potential threat of 
     avalanches.
       (2) Resources.--In carrying out this section, the Secretary 
     and the Secretary of the Interior--
       (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 and the Secretary of the 
     Interior shall jointly establish an advisory committee to 
     assist in the development and implementation of the program.
       (2) Membership.--
       (A) In general.--The Advisory Committee shall consist of 11 
     members, appointed by the Secretaries, who represent 
     authorized users of artillery, other military weapons, or 
     weapons alternatives used for avalanche control.
       (B) Representatives.--The membership of the Advisory 
     Committee shall include representatives of--
       (i) Federal land management agencies and concessionaires or 
     permittees that are exposed to the threat of avalanches;
       (ii) State departments of transportation that have 
     experience in dealing with the effects of avalanches; and
       (iii) Federal- or State-owned railroads that have 
     experience in dealing with the effects of avalanches.
       (d) Central Depository.--The Secretary, the Secretary of 
     the Interior, and the Secretary of

[[Page S9350]]

     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 and the Secretary of the 
     Interior 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 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) units of the National Park System; and
       (ii) other Federal land used for recreation purposes; and
       (iii) adjacent communities, and essential transportation 
     corridors, that are at risk of avalanches; and
       (D) to assist public or private persons and entities 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 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 ordinance that is 
     suitable for avalanche control purposes, to a user of such 
     ordinance.''.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act $15,000,000 for each of fiscal years 2005 through 2009.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 931), as amended, was read the third time and passed.
  The title was amended so as read:

       ``A bill to direct the Secretary of Agriculture to 
     undertake a program to reduce the risks from and mitigate the 
     effects of avalanches on recreational users of public 
     land.''.

                          ____________________