II 

Calendar No. 22 

109TH CONGRESS 

1ST SESSION S. 225 

[Report No. 109–11] 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2005 

Mr. STEVENS (for himself, Mr. INOUYE, and Ms. MURKOWSKI) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

FEBRUARY 23, 2005 

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

by Mr. DOMENICI, with an amendment and an amendment to the title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•S 225 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Land Rec3 reational Visitor Protection Act of 2005’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) PROGRAM.—The term ‘‘program’’ means 

7 the avalanche protection program established under 

8 section 3(a). 

9 (2) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 SEC. 3. AVALANCHE PROTECTION PROGRAM. 

12 (a) ESTABLISHMENT.—The Secretary shall establish 

13 a coordinated avalanche protection program— 

14 (1) to provide early identification of the poten15 tial for avalanches that could endanger the safety of 

16 recreational users of public land, including skiers, 

17 backpackers, snowboarders, and campers and visi18 tors to units of the National Park System; and 

19 (2) to reduce the risks and mitigate the effects 

20 of avalanches on visitors, recreational users, neigh21 boring communities, and transportation corridors. 

22 (b) COORDINATION.— 

23 (1) IN GENERAL.—In developing and imple24 menting the program, the Secretary shall consult 

25 with the Secretary of Agriculture, and coordinate the 

26 program, to ensure adequate levels of protection for 
3 

•S 225 RS

1 recreational users of public land under the jurisdic2 tion of the Secretary, including units of the National 

3 Park System, National Recreation Areas, wilderness 

4 and backcountry areas, components of the National 

5 Wild and Scenic Rivers System, and other areas that 

6 are subject to the potential threat of avalanches. 

7 (2) RESOURCES.—In carrying out this section, 

8 the Secretary and the Secretary of Agriculture— 

9 (A) shall, to the maximum extent prac10 ticable, use the resources of the National Ava11 lanche Center of the Forest Service; and 

12 (B) may use such other resources as the 

13 Secretary has available in the development and 

14 implementation of the program. 

15 (c) ADVISORY COMMITTEE.— 

16 (1) IN GENERAL.—The Secretary and the Sec17 retary of Agriculture shall jointly establish an advi18 sory committee to assist in the development and im19 plementation of the program. 

20 (2) MEMBERSHIP.— 

21 (A) IN GENERAL.—The Advisory Com22 mittee shall consist of 11 members, appointed 

23 by the Secretaries, who represent authorized 

24 users of artillery, other military weapons, or 

25 weapons alternatives used for avalanche control. 
4 

•S 225 RS

1 (B) REPRESENTATIVES.—The membership 

2 of the Advisory Committee shall include rep3 resentatives of— 

4 (i) Federal land management agencies 

5 and concessionaires or permittees that are 

6 exposed to the threat of avalanches; 

7 (ii) State departments of transpor8 tation that have experience in dealing with 

9 the effects of avalanches; and 

10 (iii) Federal- or State-owned railroads 

11 that have experience in dealing with the ef12 fects of avalanches. 

13 (d) CENTRAL DEPOSITORY.—The Secretary, the Sec14 retary of Agriculture, and the Secretary of the Army shall 

15 establish a central depository for weapons, ammunition, 

16 and parts for avalanche control purposes, including an in17 ventory that can be made available to Federal and non18 Federal entities for avalanche control purposes under the 

19 program. 

20 (e) GRANTS.— 

21 (1) IN GENERAL.—The Secretary and the Sec22 retary of Agriculture may make grants to carry out 

23 projects and activities under the program— 

24 (A) to assist in the prevention, forecasting, 

25 detection, and mitigation of avalanches for the 
5 

•S 225 RS

1 safety and protection of persons, property, and 

2 at-risk communities; 

3 (B) to maintain essential transportation 

4 and communications affected or potentially af5 fected by avalanches; 

6 (C) to assist avalanche artillery users to 

7 ensure the availability of adequate supplies of 

8 artillery and other unique explosives required 

9 for avalanche control in or affecting— 

10 (i) units of the National Park System; 

11 and 

12 (ii) other Federal land used for recre13 ation purposes; and 

14 (iii) adjacent communities, and essen15 tial transportation corridors, that are at 

16 risk of avalanches; and 

17 (D) to assist public or private persons and 

18 entities in conducting research and development 

19 activities for cost-effective and reliable alter20 natives to minimize reliance on military weap21 ons for avalanche control. 

22 (2) PRIORITY.—For each fiscal year for which 

23 funds are made available under section 4, the Sec24 retary shall give priority to projects and activities 

25 carried out in avalanche zones— 
6 

•S 225 RS

1 (A) with a high frequency or severity of 

2 avalanches; or 

3 (B) in which deaths or serious injuries to 

4 individuals, or loss or damage to public facilities 

5 and communities, have occurred or are likely to 

6 occur. 

7 (f) SURPLUS ORDINANCE.—Section 549(c)(3) of title 

8 40, United States Code, is amended— 

9 (1) in subparagraph (A), by striking ‘‘or’’ after 

10 the semicolon at the end; 

11 (2) in subparagraph (B), by striking the period 

12 at the end and inserting ‘‘; or’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(C) in the case of surplus artillery ordi15 nance that is suitable for avalanche control pur16 poses, to a user of such ordinance.’’. 

17 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated to carry out 

19 this Act $15,000,000 for each of fiscal years 2006 through 

20 2010. 

21 SEC. 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Federal Land Rec23 reational Visitor Protection Act of 2005’’. 

24 SEC. 2. DEFINITIONS. 

25 In this Act: 
7 

•S 225 RS

1 (1) PROGRAM.—The term ‘‘program’’ means the 

2 avalanche protection program established under sec3 tion 3(a). 

4 (2) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Agriculture. 

6 SEC. 3. AVALANCHE PROTECTION PROGRAM. 

7 (a) ESTABLISHMENT.—The Secretary, in consultation 

8 with the Secretary of the Interior, shall establish a coordi9 nated avalanche protection program— 

10 (1) to provide early identification of the poten11 tial for avalanches that could endanger the safety of 

12 recreational users of public land, including skiers, 

13 backpackers, snowboarders, and campers and visitors 

14 to units of the National Park System; and 

15 (2) to reduce the risks and mitigate the effects of 

16 avalanches on visitors, recreational users, neighboring 

17 communities, and transportation corridors. 

18 (b) COORDINATION.— 

19 (1) IN GENERAL.—In developing and imple20 menting the program, the Secretary shall consult with 

21 the Secretary of the Interior, and coordinate the pro22 gram, to ensure adequate levels of protection for rec23 reational users of public land under the jurisdiction 

24 of the Secretary of the Interior, including units of the 

25 National Park System, National Recreation Areas, 
8 

•S 225 RS

1 wilderness and backcountry areas, components of the 

2 National Wild and Scenic Rivers System, and other 

3 areas that are subject to the potential threat of ava4 lanches. 

5 (2) RESOURCES.—In carrying out this section, 

6 the Secretary and the Secretary of the Interior— 

7 (A) shall, to the maximum extent prac8 ticable, use the resources of the National Ava9 lanche Center of the Forest Service; and 

10 (B) may use such other resources as the Sec11 retary has available in the development and im12 plementation of the program. 

13 (c) ADVISORY COMMITTEE.— 

14 (1) IN GENERAL.—The Secretary and the Sec15 retary of the Interior shall jointly establish an advi16 sory committee to assist in the development and im17 plementation of the program. 

18 (2) MEMBERSHIP.— 

19 (A) IN GENERAL.—The Advisory Committee 

20 shall consist of 11 members, appointed by the 

21 Secretaries, who represent authorized users of ar22 tillery, other military weapons, or weapons al23 ternatives used for avalanche control. 
9 

•S 225 RS

1 (B) REPRESENTATIVES.—The membership 

2 of the Advisory Committee shall include rep3 resentatives of— 

4 (i) Federal land management agencies 

5 and concessionaires or permittees that are 

6 exposed to the threat of avalanches; 

7 (ii) State departments of transpor8 tation that have experience in dealing with 

9 the effects of avalanches; and 

10 (iii) Federal- or State-owned railroads 

11 that have experience in dealing with the ef12 fects of avalanches. 

13 (d) CENTRAL DEPOSITORY.—The Secretary, the Sec14 retary of the Interior, and the Secretary of the Army shall 

15 establish a central depository for weapons, ammunition, 

16 and parts for avalanche control purposes, including an in17 ventory that can be made available to Federal and non18 Federal entities for avalanche control purposes under the 

19 program. 

20 (e) GRANTS.— 

21 (1) IN GENERAL.—The Secretary and the Sec22 retary of the Interior may make grants to carry out 

23 projects and activities under the program— 

24 (A) to assist in the prevention, forecasting, 

25 detection, and mitigation of avalanches for the 
10 

•S 225 RS

1 safety and protection of persons, property, and 

2 at-risk communities; 

3 (B) to maintain essential transportation 

4 and communications affected or potentially af5 fected by avalanches; 

6 (C) to assist avalanche artillery users to en7 sure the availability of adequate supplies of ar8 tillery and other unique explosives required for 

9 avalanche control in or affecting— 

10 (i) units of the National Park System; 

11 and 

12 (ii) other Federal land used for recre13 ation purposes; and 

14 (iii) adjacent communities, and essen15 tial transportation corridors, that are at 

16 risk of avalanches; and 

17 (D) to assist public or private persons and 

18 entities in conducting research and development 

19 activities for cost-effective and reliable alter20 natives to minimize reliance on military weap21 ons for avalanche control. 

22 (2) PRIORITY.—For each fiscal year for which 

23 funds are made available under section 4, the Sec24 retary shall give priority to projects and activities 

25 carried out in avalanche zones— 
11 

•S 225 RS

1 (A) with a high frequency or severity of 

2 avalanches; or 

3 (B) in which deaths or serious injuries to 

4 individuals, or loss or damage to public facilities 

5 and communities, have occurred or are likely to 

6 occur. 

7 (f) SURPLUS ORDNANCE.—Section 549(c)(3) of title 

8 40, United States Code, is amended— 

9 (1) in subparagraph (A), by striking ‘‘or’’ after 

10 the semicolon at the end; 

11 (2) in subparagraph (B), by striking the period 

12 at the end and inserting ‘‘; or’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(C) in the case of surplus artillery ord15 nance that is suitable for avalanche control pur16 poses, to a user of such ordnance.’’. 

17 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated to carry out 

19 this Act $15,000,000 for each of fiscal years 2006 through 

20 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.’’. 
Calendar No. 22 

109TH CONGRESS 

1ST SESSION S. 225 

[Report No. 109–11] 

A BILL 

To direct the Secretary of the Interior to undertake 

public land. the effects of avalanches on recreational users of a program to reduce the risks from and mitigate 

FEBRUARY 23, 2005 

Reported with an amendment and an amendment to the 

title