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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 225 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                 S. 225

_______________________________________________________________________

                                 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,

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:
            (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.

            Passed the Senate July 26, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                 S. 225

_______________________________________________________________________

                                 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.
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