I 

109TH CONGRESS 

1ST SESSION H. R. 2039 

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 HOUSE OF REPRESENTATIVES 

APRIL 28, 2005 

Mr. YOUNG of Alaska introduced the following bill; which was 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 jurisdiction of the committee concerned 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Land Rec5 reational Visitor Protection Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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1 (1) PROGRAM.—The term ‘‘program’’ means 

2 the avalanche protection program established under 

3 section 3(a). 

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

5 the Secretary of the Interior. 

6 SEC. 3. AVALANCHE PROTECTION PROGRAM. 

7 (a) ESTABLISHMENT.—The Secretary shall establish 

8 a coordinated avalanche protection program— 

9 (1) to provide early identification of the poten10 tial for avalanches that could endanger the safety of 

11 recreational users of public land, including skiers, 

12 backpackers, snowboarders, and campers and visi13 tors to units of the National Park System; and 

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

15 of avalanches on visitors, recreational users, neigh16 boring communities, and transportation corridors. 

17 (b) COORDINATION.— 

18 (1) IN GENERAL.—In developing and imple19 menting the program, the Secretary shall consult 

20 with the Secretary of Agriculture, and coordinate the 

21 program, to ensure adequate levels of protection for 

22 recreational users of public land under the jurisdic23 tion of the Secretary, including units of the National 

24 Park System, National Recreation Areas, wilderness 

25 and backcountry areas, components of the National 
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1 Wild and Scenic Rivers System, and other areas that 

2 are subject to the potential threat of avalanches. 

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

4 the Secretary and the Secretary of Agriculture— 

5 (A) shall, to the maximum extent prac6 ticable, use the resources of the National Ava7 lanche Center of the Forest Service; and 

8 (B) may use such other resources as the 

9 Secretary has available in the development and 

10 implementation of the program. 

11 (c) ADVISORY COMMITTEE.— 

12 (1) IN GENERAL.—The Secretary and the Sec13 retary of Agriculture shall jointly establish an advi14 sory committee to assist in the development and im15 plementation of the program. 

16 (2) MEMBERSHIP.— 

17 (A) IN GENERAL.—The Advisory Com18 mittee shall consist of 11 members, appointed 

19 by the Secretaries, who represent authorized 

20 users of artillery, other military weapons, or 

21 weapons alternatives used for avalanche control. 

22 (B) REPRESENTATIVES.—The membership 

23 of the Advisory Committee shall include rep24 resentatives of— 
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1 (i) Federal land management agencies 

2 and concessionaires or permittees that are 

3 exposed to the threat of avalanches; 

4 (ii) State departments of transpor5 tation that have experience in dealing with 

6 the effects of avalanches; and 

7 (iii) Federal- or State-owned railroads 

8 that have experience in dealing with the ef9 fects of avalanches. 

10 (d) CENTRAL DEPOSITORY.—The Secretary, the Sec11 retary of Agriculture, and the Secretary of the Army shall 

12 establish a central depository for weapons, ammunition, 

13 and parts for avalanche control purposes, including an in14 ventory that can be made available to Federal and non15 Federal entities for avalanche control purposes under the 

16 program. 

17 (e) GRANTS.— 

18 (1) IN GENERAL.—The Secretary and the Sec19 retary of Agriculture may make grants to carry out 

20 projects and activities under the program— 

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

22 detection, and mitigation of avalanches for the 

23 safety and protection of persons, property, and 

24 at-risk communities; 
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1 (B) to maintain essential transportation 

2 and communications affected or potentially af3 fected by avalanches; 

4 (C) to assist avalanche artillery users to 

5 ensure the availability of adequate supplies of 

6 artillery and other unique explosives required 

7 for avalanche control in or affecting— 

8 (i) units of the National Park System; 

9 and 

10 (ii) other Federal land used for recre11 ation purposes; and 

12 (iii) adjacent communities, and essen13 tial transportation corridors, that are at 

14 risk of avalanches; and 

15 (D) to assist public or private persons and 

16 entities in conducting research and development 

17 activities for cost-effective and reliable alter18 natives to minimize reliance on military weap19 ons for avalanche control. 

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

21 funds are made available under section 4, the Sec22 retary shall give priority to projects and activities 

23 carried out in avalanche zones— 

24 (A) with a high frequency or severity of 

25 avalanches; or 
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1 (B) in which deaths or serious injuries to 

2 individuals, or loss or damage to public facilities 

3 and communities, have occurred or are likely to 

4 occur. 

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

6 40, United States Code, is amended— 

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

8 the semicolon at the end; 

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

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

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

12 ‘‘(C) in the case of surplus artillery ordi13 nance that is suitable for avalanche control pur14 poses, to a user of such ordinance.’’. 

15 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

16 There is authorized to be appropriated to carry out 

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

18 2010. 

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