[Senate Report 109-11]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 22
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-11

======================================================================



 
        FEDERAL LAND RECREATIONAL VISITOR PROTECTION ACT OF 2005

                                _______
                                

               February 23, 2005.--Ordered to be printed

 Filed, under authority of the order of the Senate of February 17, 2005

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 225]

    The Committee on Energy and Natural Resources, to which was 
referred 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, having considered the same, reports favorably 
thereon with an amendment and an amendment to the title and 
recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

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 
        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 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.

    2. 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.''.

                         Purpose of the Measure

    The purpose of S. 225 is 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.

                          Background and Need

    Each year thousands of snow avalanches fall from steep 
mountain slopes. Most of these avalanches occur in remote 
mountain areas in Alaska, the West and the Northeast, and go 
unnoticed. When avalanches do occur in areas of human activity, 
their cost can be dire. An average of 30 avalanche-related 
deaths occur each year in the United States. Between 1996-2003 
the highest number of these fatalities occurred in the State of 
Alaska, followed by Colorado and Montana.
    The Forest Service is responsible for coordinating the 
majority of the avalanche mitigation activities that occur in 
the United States. Sixteen regional avalanche centers provide a 
myriad of services, including avalanche forecasting, 
mitigation, search and rescue, and education. Many of these 
centers are managed and funded cooperatively, with help from 
the National Park Service, State agencies, and other 
organizations. In 2001 the Forest Service contributed 
approximately $492,000 to the operation of the regional 
avalanche centers. In comparison, the National Park Service 
contributed $27,000, other Federal agencies contributed 
$312,000 and State agencies contributed $558,000.
    In addition to the cost of human life, avalanches can cause 
considerable property damage and result in direct and indirect 
economic loss for both the private and public sectors. While 
comprehensive economic data is not available for all regional 
avalanche centers, the benefits of avalanche mitigation, 
particularly for transportation corridors, appear to outweigh 
the costs of operation. For example, the Northwest Weather and 
Avalanche Center (NWAC) located in Washington State provides 
services for Washington, Oregon and British Columbia. NWAC is 
cooperatively funded by the Washington State Department of 
Transportation (WSDOT), the State snowmobile and snowpark 
programs of Washington and Oregon, the National Weather 
Service, the National Park Service, the British Columbia 
Ministry of Highways and Transportation, and others. In 2001, 
the annual operating costs of NWAC were $249,000, with an 
estimated $150,000 in indirect (in-kind) contributions. In 
comparison, the WSDOT estimates that a two-hour closure on 
avalanche prone Snoqualmie Pass costs the economy of Washington 
State over $1,000,000.
    As ordered reported, S. 225 directs the Secretary of 
Agriculture, in consultation with the Secretary of the 
Interior, to establish a coordinated national avalanche 
protection program to provide for early identification of 
avalanche hazards and to mitigate their effect on users of 
public lands, neighboring communities and transportation 
corridors. The bill authorizes grants for avalanche protection 
activities and establishes an advisory committee to assist in 
the development and implementation of the program. S. 225 also 
establishes a central repository for surplus weapons and 
munitions to make these munitions more readily available to 
states and agencies for avalanche control.

                          Legislative History

    S. 225 was introduced by Senators Stevens, Murkowski, and 
Inouye on February 1, 2005. At the business meeting on February 
9, 2005, the Committee on Energy and Natural Resources ordered 
S. 225, as amended, favorably reported. During the 108th 
Congress, a similar bill, S. 931, was introduced by Senator 
Stevens and others on April 29, 2003. The Committee on Energy 
and Natural Resources' Subcommittee on National Parks held a 
hearing on S. 931 on June 8, 2004, (S. Hrg. 108-638). At the 
business meeting on July 14, 2004, the Committee on Energy and 
Natural Resources ordered S. 931, as amended, favorably 
reported (S. Rept. 108-320). S. 931, as amended, passed the 
Senate by unanimous consent on September 15, 2004. The House of 
Representatives did not consider the bill prior to the sine die 
adjournment of the 108th Congress.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in an open 
business session on February 9, 2005, by a unanimous voice vote 
of a quorum present, recommends that the Senate pass S. 225, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 225, the Committee adopted 
an amendment in the nature of a substitute and an amendment to 
the title. The substitute amendment places the avalanche 
program under the Department of Agriculture instead of the 
Department of the Interior and specifies an annual funding 
limit of $15 million, for the grant program for the years 2006 
through 2010. The substitute amendment is described in detail 
in the section-by-section analysis below.

                      Section-by-Section Analysis

    Section 1 entitles this bill the ``Federal Land 
Recreational Visitor Protection Act of 2005.''
    Section 2 defines key terms used in the Act.
    Section 3(a) directs the Secretary of Agriculture 
(Secretary), in consultation with the Secretary of the 
Interior, to establish a coordinated avalanche protection 
program (Program) to provide for early identification of 
avalanche hazards and to mitigate their effect on recreational 
users of public lands and visitors to units of the National 
Park System. The other goal of the Program is to reduce the 
risk of avalanche on neighboring communities and within 
transportation corridors.
    Subsection (b)(1) directs the Secretary to coordinate and 
consult with the Secretary of the Interior to ensure that the 
Program adequately protects visitors to all public lands from 
avalanches.
    Paragraph (2) directs the Secretary and the Secretary of 
the Interior to use to the maximum extent possible the National 
Avalanche Center of the Forest Service as well as other 
available resources to develop and implement the Program.
    Subsection (c) requires the Secretary and the Secretary of 
the Interior to establish an advisory committee and describes 
the composition and tenure of the committee. The committee is 
to include 11 members who represent users of artillery or other 
weapons for avalanche control and will consist of appointees 
from Federal land management agencies, State departments of 
transportation and Federal or State owned railroads.
    Subsection (d) directs the Secretary, the Secretary of the 
Interior and the Secretary of the Army to establish a central 
repository for munitions and weapons to be used for avalanche 
control purposes. This section also requires that an inventory 
of these munitions be made available to Federal and non-Federal 
entities.
    Subsection (e) provides authority to the Secretary and the 
Secretary of the Interior to make grants available to fund 
projects and other activities under the program. The types of 
activities and projects appropriate for grant funding are 
listed and the process for prioritizing those projects is 
described.
    Subsection (f) amends title 40 of section 549(c)(3) United 
States Code, to allow for the transfer of surplus military 
ordinance, suitable for avalanche control, to state agencies.
    Section 4 authorizes $15 million to be appropriated, for 
each of fiscal years 2006 through 2010, to carry out this Act.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office.

                                                 February 11, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 225, the Federal 
Land Recreational Visitor Protection Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll and Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 225--Federal Land Recreational Visitor Protection Act of 2005

    Summary: S. 225 would direct the Secretary of Agriculture, 
in consultation with the Secretary of the Interior, to 
establish a program to reduce the risk of avalanches on certain 
federal lands used for recreation. To facilitate the 
development and execution of the new program, the bill would 
require the secretaries to establish an advisory committee and 
would authorize them to provide grants to public or private 
entities. For those programs, the bill would authorize the 
appropriation of $15 million a year over the 2006-2010 period 
for grants to nonfederal parties to support that program.
    CBO estimates that implementing S. 225 would cost $4 
million in 2006 and $65 million through 2010, assuming 
appropriation of the authorized amounts. Enacting the bill 
would not affect direct spending or receipts. S. 225 contains 
no intergovernmental or private-sector mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments. States may 
benefit from grants authorized by this bill.
    Estimated cost to the Federal Government: For this 
estimate, CBO assumes that S. 225 will be enacted in fiscal 
year 2005 and that funds will be provided as specified in the 
bill. Estimates of outlays are based on historical spending 
patterns for similar activities. The estimated budgetary impact 
of S. 225 is shown in the following table. The costs of this 
legislation fall within budget function 300 (natural resources 
and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2006     2007     2008     2009     2010
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Authorization Level................................................       15       15       15       15       15
Estimated Outlays..................................................        4       11       17       17       16
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 225 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. States may benefit from grants authorized 
by this bill.
    Estimate prepared by: Federal Costs: Megan Carroll and 
Deborah Reis; Impact on State, Local, and Tribal Governments: 
Marjorie Miller; and Impact on the Private Sector: Paige Piper/
Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 225.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 225.

                        Executive Communications

    The testimony provided by the Department of the Interior 
and the Department of Agriculture at the Subcommittee hearing 
on S. 931 in the 108th Congress follows:

  Statement of Janet Snyder Matthews, Associate Director for Cultural 
      Resources, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before you today to present the views of the Department of the 
Interior on S. 931, a bill that would direct the Secretary of 
the Interior to establish a coordinated avalanche protection 
program that would provide early identification of the 
potential for avalanches, and reduce the risks and mitigate the 
effects of avalanches on visitors, recreational users, 
neighboring communities, and transportation corridors.
    The Department supports the concepts contained in S. 931. 
However, the Department cannot support the bill unless amended 
to (1) delete the formation of a new grants program, and (2) 
designate the Secretary of Agriculture as the lead for this 
bill. At a time when we are trying to reduce backlogs and 
maintain what we already own, we cannot afford to take on the 
new funding responsibilities under this grants program.
    The history of avalanches influencing visitor safety on 
public lands is significant and well-documented. Three hundred 
and ninety-two people have perished in avalanches on public 
lands in the past twenty years and as winter sport activities 
continue to rise, so will avalanche incidents. Avalanche 
fatalities on National Park Service (NPS) managed lands account 
for about six percent, whereas avalanche fatalities on National 
Forest lands account for about ninety percent of the total. 
Avalanches kill more people on public lands than any other 
natural event.
    The National Park Service and United States Forest Service 
have actively managed a coordinated aggressive avalanche 
protection program since the late 1930's. Although the National 
Park Service provides limited funding and extensive data 
collection to the Forest Service, it should be noted that the 
Forest Service is the lead agency with regard to avalanche 
awareness and mitigation efforts. The Forest Service program 
includes managing the National Avalanche Center in Ketchum, 
Idaho, as well as fifteen regional backcountry avalanche 
centers. These avalanche centers issue avalanche danger 
advisories for limited and specified geographic areas 
throughout the west, the northeast, and Alaska.
    Currently these programs include snow pack and climate 
analysis, provide avalanche awareness information via 
publications, visitor centers, weather radio, and internet 
sites, teach avalanche awareness classes to the public, and 
develop and provide avalanche control work using explosives and 
passive control devices. It is recognized that these centers 
only exist in and serve a limited number of geographic areas, 
and all have limited resources. However, they continue to 
provide information to millions of recreation users and to 
other government and private agencies.
    The primary avalanche control method includes hand and 
aerial projected explosive charges. However, many areas are 
using passive control measures such as the spreading of 
charcoal on avalanche prone slopes and manually triggered 
releases. Although the bill prescribes the use of artillery, 
the National Park Service is prohibited from using this method 
in congressionally designated wilderness areas, where the 
majority of avalanche hazard zones exist in the National Park 
System. The artillery systems that are used in NPS areas were 
not designed to trigger avalanches or to be used in very cold 
environments. In 1999, Yellowstone National Park experienced 
several difficulties with unexploded ordnance resulting in risk 
to park visitors and our employees. Military systems other than 
the ones currently employed have been carefully analyzed and 
none appear to be applicable as avalanche control systems.
    To further complicate this issue the U.S. military recently 
requested the return of five howitzers that cooperators were 
using to prevent avalanches, including the one at Yellowstone, 
to be used for active military service. Of the many benefits of 
the bill, developing alternatives to military artillery for 
avalanche control would be very desirable.
    We recognize that there is much room for improvement in 
avalanche management methods, and the Department respectfully 
urges this committee to consider the following suggestions for 
strengthening S. 931 and making its implementation more 
efficient and effective.
    First, we recommend that the bill designate the Secretary 
of Agriculture to lead the establishment of a coordinated 
avalanche program. The U.S. Forest Service has considerable 
experience in avalanche control and data gathering, oversight 
of National Avalanche Centers, and a greater percentage of 
incidents that warrant the designation of the Department of 
Agriculture as the best department to develop and manage the 
program.
    Secondly, we recommend that the formation of a new grants 
program under section 3(e) be deleted from the bill. The 
Departments of Agriculture and the Interior must focus existing 
funding on effectively managing Federal lands, including 
avalanche awareness and protection. Creating a new 
responsibility to fund grants could divert available funds away 
from these operational needs.
    We believe that this bill will provide the appropriate 
Federal support for services such as avalanche forecasting, 
munitions management, and public information to ensure visitor 
protection on public lands.
    Mr. Chairman, this concludes my remarks. Thank you for the 
opportunity to provide our perspective. I would be happy to 
answer any questions you may have.
                                ------                                


  Statement of Tom L. Thompson, Deputy Chief, National Forest System, 
                          USDA Forest Service

    Mr. Chairman, I want to thank you for the opportunity to 
appear before this committee to present the views of the 
administration on S. 931, Federal Lands Recreational Visitor 
Protection Act of 2003, a bill to establish a program to reduce 
the risks from and mitigate the effects of avalanches on 
recreational users of and other visitors to public lands. The 
USDA Forest Service supports the concepts contained in this 
bill. However, we cannot support S. 931 unless amended to (1) 
delete the formation of a grants program and (2) designate the 
Secretary of Agriculture as the lead for this bill. At a time 
when we are trying to reduce backlogs and maintain National 
Forest System lands, we cannot afford to take on the new 
funding responsibilities under this grants program.
    S. 931 describes several goals that would be favorable to 
the public. These include improved program coordination and 
development to reduce the risk of avalanche to visitors of 
public lands, the creation of an advisory committee to assist 
in development and implementation of an avalanche protection 
program, and the establishment of a central depository for 
ordnance used for avalanche control purposes. We support a 
coordinated and improved avalanche protection program on public 
lands.
    Visitors to public lands that are threatened by avalanches 
fall roughly into three categories: people driving on mountain 
highways; people visiting developed sites like ski areas; and 
people going into the backcountry to cross country ski or ride 
a snowmobile.
    Much of the backcountry and developed winter recreation 
that takes place in avalanche terrain occurs on National 
Forests. Over the past 50 years, the vast majority of avalanche 
fatalities have occurred on National Forest System lands.
    The Forest Service plays an important role in avalanche 
coordination and safety, and the expertise that the agency can 
bring to developing an avalanche program as envisioned in this 
legislation is significant. The Forest Service, working with 
the National Park Service, has a long history of addressing 
avalanche protection on all federal land. The Forest Service 
began permitting ski areas on the National Forests in the 1930s 
and soon recognized that avalanches threatened skiers' safety 
both traveling to and within permitted ski areas. To reduce the 
threat, the Forest Service established the Snow Ranger Program 
in 1938 to provide Forest Service winter sports personnel with 
rigorous snow science expertise, avalanche forecasting, and 
training in the use of explosives for avalanche control. Since 
the 1950s, the Forest Service has played a significant role in 
further research on avalanches.
    To further public safety, the Forest Service established 
the National Avalanche Center in the early 1990s. The National 
Avalanche Center manages the military artillery program for 
avalanche control, coordinates a network of backcountry 
avalanche education and advisory centers, transfers state of 
the art avalanche technology to the advisory centers, 
facilitates avalanche research, and develops and distributes 
avalanche safety products. There are 17 avalanche backcountry 
centers located in various locations in Alaska, Washington, 
California, Colorado, Utah, Idaho, Montana, Wyoming, and New 
Hampshire. The Forest Service manages 16 of the centers and the 
State of Colorado manages one. Many of these centers operate 
through volunteer efforts and donations. The Forest Service 
typically provides about 50 percent of the operating funds for 
each of their centers and community `friends' organizations, 
and other agencies typically provide the other 50 percent.
    In light of these past and ongoing efforts that the Forest 
Service has contributed towards avalanche awareness and 
protection, we recommend that the bill designate the Secretary 
of Agriculture to lead the establishment of a coordinated 
avalanche program in cooperation with the Secretary of the 
Interior. In addition, we recommend that the formation of a new 
grants program under section 3(e) be deleted from the bill. The 
Departments of Agriculture and the Interior must focus existing 
funding on effectively managing Federal lands, including 
avalanche awareness and protection. Creating a new 
responsibility to fund grants could divert available funds away 
from these operational needs.
    S. 931 establishes a Central Depository for ordnance that 
is used for avalanche control. A Central Depository is 
important because all of the military artillery assets 
appropriate for avalanche control could be stored in a single 
location and could be better managed including assuring optimal 
climatic storage conditions. At the same time, we must be aware 
of the need to look for alternatives to military ordnance. It 
is estimated that there is a 10- to 15-year supply of usable 
assets remaining in the United States. The technology exists to 
develop a system that could replace and outperform military 
artillery.
    We appreciate the efforts that the committee is extending 
to reduce the risk of avalanche hazards to the public. Thank 
you, for the opportunity to share our views on S. 931. I will 
be happy to answer any questions you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 931, as ordered reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

           *       *       *       *       *       *       *


CHAPTER 5--PROPERTY MANAGEMENT

           *       *       *       *       *       *       *



Subchapter III--Disposing of Property

           *       *       *       *       *       *       *



Sec. 549. Donation of personal property through state agencies

           *       *       *       *       *       *       *


    (c) Allocation and Transfer of Property.--
          (1) In general.--The Administrator shall allocate and 
        transfer property under this section in accordance with 
        criteria that are based on need and use and that are 
        established after consultation with state agencies to 
        the extent feasible. The Administrator shall give fair 
        consideration, consistent with the established 
        criteria, to an expression of need and interest from a 
        public agency or other eligible institution within a 
        State. The Administrator shall give special 
        consideration to an eligible recipient's request, 
        transmitted through the state agency, for a specific 
        item of property.
          (2) Allocation among states.--The Administrator shall 
        allocate property among the States on a fair and 
        equitable basis, taking into account the condition of 
        the property as well as the original acquisition cost 
        of the property.
          (3) Recipients and purposes.--The Administrator shall 
        transfer to a state agency property the state agency 
        selects for distribution through donation within the 
        State--
                  (A) to a public agency for use in carrying 
                out or promoting, for residents of a given 
                political area, a public purpose, including 
                conservation, economic development, education, 
                parks and recreation, public health, and public 
                safety; [or]
                  (B) for purposes of education or public 
                health (including research), to a nonprofit 
                educational or public health institution or 
                organization that is exempt from taxation under 
                section 501 of the Internal Revenue Code of 
                1986 (26 U.S.C. 501), including--
                          (i) a medical institution, hospital, 
                        clinic, health center, or drug abuse 
                        treatment center;
                          (ii)a provider of assistance to 
                        homeless individuals or to families or 
                        individuals whose annual incomes are 
                        below the poverty line (as that term is 
                        defined in section 673 of the Community 
                        Services Block Grant Act (42 U.S.C. 
                        9902));
                          (iii)a school, college, or 
                        university;
                          (iv) a school for the mentally 
                        retarded or physically handicapped;
                          (v) a child care center;
                          (vi) a radio or television station 
                        licensed by the Federal Communications 
                        Commission as an educational radio or 
                        educational television station;
                          (vii) a museum attended by the 
                        public; or
                          (viii) a library serving free all 
                        residents of a community, district, 
                        State, or region[.] ; or
                  (C) in the case of surplus artillery 
                ordinance that is suitable for avalanche 
                control purposes, to a user of such ordinance.
          (4) Exception.--This subsection does not apply to 
        property transferred under subsection (d).

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