[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 931 Referred in House (RFH)]
2d Session
S. 931
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2004
Referred to the Committee on Resources, and in addition to the
Committees on Agriculture and Government Reform, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiciton of the committee
concerned
_______________________________________________________________________
AN ACT
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.
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 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 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.
Passed the Senate September 15, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary.