[Congressional Record Volume 151, Number 103 (Tuesday, July 26, 2005)]
[Senate]
[Pages S9020-S9021]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        FEDERAL LAND RECREATIONAL VISITOR PROTECTION ACT OF 2005

  The Senate proceeded to consider the bill (S. 225) to direct the 
Secretary of the Interior to undertake a program to reduce the risks 
from and mitigate the effects of avalanches on recreational users of 
public land, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment.
  (Strike the part shown in black brackets and insert the part printed 
in italic.)

                                 S. 225

       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 2005''.

     [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 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 
     Agriculture, and coordinate the program, to ensure adequate 
     levels of protection for recreational users of public land 
     under the jurisdiction of the Secretary, 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 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) 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 2006 through 2010.]

     SEC. 1. SHORT TITLE.

       This Act may be cited as the ``Federal Land Recreational 
     Visitor Protection Act of 2005''.

     SEC. 2. DEFINITIONS.

       In this Act:

[[Page S9021]]

       (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, in consultation with the 
     Secretary of the Interior, 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 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 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 $15,000,000 for each of fiscal years 2006 through 2010.
       Amend the title so as to 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.''.
  The Committee amendment in the nature of a substitute was agreed to.
  The bill (S. 225), as amended, was read the third time and passed.

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