II
Calendar No. 536
111th CONGRESS
2d Session
S. 2907
[Report No. 111–266]
IN THE SENATE OF THE UNITED STATES
December 18, 2009
Ms. Murkowski (for herself, Mr. Begich, and Mr. Udall of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
August 5, 2010
Reported by Mr. Bingaman, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To establish a coordinated avalanche protection program, and for other purposes.
Short title
This Act may be cited as the
Federal Land Avalanche Protection Act
of 2009
.
Definitions
In this Act:
Program
The term program means the avalanche protection program established under section 3(a).
Secretary
The term Secretary means the Secretary of Agriculture.
Avalanche protection program
Establishment
The Secretary, acting through the Chief of the Forest Service, shall establish a coordinated avalanche protection program to—
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;
carry out ongoing research regarding the causes of avalanche development, so as to improve forecasting of avalanche events; and
reduce the risks of avalanches on Federal lands and mitigate their effects on users of those lands, neighboring communities, and transportation and utility corridors.
Coordination
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 such Secretary.
Resources
In carrying out this section, the Secretary—
shall, to the maximum extent practicable, use the resources of the National Avalanche Center of the Forest Service; and
may use such other resources as the Secretary has available in the development and implementation of the program.
Advisory Committee
In general
The Secretary shall establish an advisory committee of 15 members, appointed by the Secretary, to assist in the development and implementation of the program.
Membership
The membership of the advisory committee established pursuant to paragraph (1) shall include representatives of—
Federal land management agencies and concessionaires or permittees that are exposed to the threat of avalanches;
State departments of transportation that have experience in dealing with the effects of avalanches;
the Alaska railroad;
the United States Geological Survey;
the National Oceanic and Atmospheric Administration;
the National Weather Service;
entities with interest in the program that the Secretary considers appropriate for representation on the board;
authorized users of artillery, other military weapons, or weapons alternatives used for avalanche control; and
such other members as the Secretary considers appropriate.
Central depository
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.
Grants
In general
The Secretary may make grants to carry out projects and activities under the program—
to assist in the prevention, forecasting, detection, and mitigation of avalanches for the safety and protection of persons, property, and at-risk communities;
to maintain essential transportation, utilities, and communications affected or potentially affected by avalanches;
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—
Federal land used for recreation purposes; and
adjacent communities, and essential transportation corridors, that are at risk of avalanches; and
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.
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—
with a high frequency or severity of avalanches; or
in which deaths or serious injuries to individuals, or loss or damage to public facilities and communities, have occurred or are likely to occur.
Surplus ordinance
Section 549(c)(3) of title 40, United States Code, is amended—
in subparagraph (A), by striking
or
after the semicolon at the end;
in subparagraph (B), by striking the period
at the end and inserting ; or
; and
by adding at the end the following:
in the case of surplus artillery ordinance that is suitable for avalanche control purposes, to a user of such ordinance.
.
Authorization of appropriations
There is authorized to be appropriated to carry out this Act $4,000,000 for each of fiscal years 2010 through 2014.
Limitation
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.
Short title
This Act may be cited as the
Federal Land Avalanche Protection Act
of 2010
.
Definitions
In this Act:
Committee
The term Committee means the Avalanche Artillery Users of North America Committee.
Program
The term program means the avalanche protection program established under section 3(a).
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Avalanche protection program
Establishment
The Secretary shall establish an avalanche protection program to provide information and assistance to users of avalanche-prone National Forest System land.
Objectives
The objectives of the program include—
to inform and educate the public about the risks posed by avalanches to reduce the potential for injury, death, or property damage;
to provide avalanche forecasts for avalanche-prone areas of the National Forest System that are frequented by recreational or other users;
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
to facilitate research on the objectives of the program, including research on the development of alternatives to military artillery.
Coordination
In carrying out this section, the Secretary shall—
use the resources of—
the National Avalanche Center of the Forest Service; and
other partners; and
work with the Committee and other partners to improve—
coordination among users of artillery used to prevent and control avalanches; and
access to, and the control and use of, artillery and other methods to prevent and control avalanches.
Grants
In general
The Secretary may make grants to any person to further the objectives of the program.
Priority
The Secretary shall give priority to grants under paragraph (1) that enhance public safety.
Authorization of appropriations
There 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