II 

110TH CONGRESS 

2D SESSION S. 3042 

To establish a coordinated avalanche protection program, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2008 

Mr. STEVENS (for himself and Ms. MURKOWSKI) introduced the following bill; 

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

A BILL 

To establish a coordinated avalanche protection program, 

and for other purposes. 

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 Ava5 lanche Protection Act of 2008’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 the avalanche protection program established under 

10 section 3(a). 


jbell on PROD1PC69 with BILLS
2 

•S 3042 IS

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

2 the Secretary of Agriculture, acting through the 

3 Chief of the Forest Service. 

4 SEC. 3. AVALANCHE PROTECTION PROGRAM. 

5 (a) ESTABLISHMENT.—The Secretary shall establish 

6 a coordinated avalanche protection program— 

7 (1) to identify the potential for avalanches on 

8 Federal land and inform the public, including users 

9 of Federal land and other potentially affected par10 ties, about the probability of the avalanches and the 

11 potential adverse effects of the avalanches on neigh12 boring communities and transportation and utility 

13 corridors; 

14 (2) to carry out ongoing research regarding the 

15 causes of avalanche development, so as to improve 

16 forecasting of avalanche events; and 

17 (3) to reduce the risks of avalanches on Federal 

18 land and mitigate the effects of the avalanches on 

19 users of that land, neighboring communities, and 

20 transportation and utility corridors. 

21 (b) COORDINATION.— 

22 (1) IN GENERAL.—In developing and imple23 menting the program, the Secretary shall— 

24 (A) consult with the Secretary of the Inte25 rior; and 


jbell on PROD1PC69 with BILLS
3 

•S 3042 IS

1 (B) coordinate the program to ensure ade2 quate levels of protection for recreational users 

3 of public land under the jurisdiction of the Sec4 retary and the Secretary of the Interior. 

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

6 the Secretary— 

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 are 

11 available to the Secretary in the development 

12 and implementation of the program. 

13 (c) ADVISORY COMMITTEE.— 

14 (1) IN GENERAL.—The Secretary shall establish 

15 an advisory committee composed of 15 members, ap16 pointed by the Secretary, to assist in the develop17 ment and implementation of the program. 

18 (2) MEMBERSHIP.—The membership of the ad19 visory committee established pursuant to paragraph 

20 (1) shall include representatives of— 

21 (A) Federal land management agencies 

22 and concessionaires or permittees that are ex23 posed to the threat of avalanches; 


jbell on PROD1PC69 with BILLS
4 

•S 3042 IS

1 (B) State departments of transportation 

2 that have experience in dealing with the effects 

3 of avalanches; 

4 (C) the Alaska railroad; 

5 (D) the United States Geological Survey; 

6 (E) the National Oceanic and Atmospheric 

7 Administration; 

8 (F) the National Weather Service; 

9 (G) entities with interest in the program 

10 that the Secretary considers to be appropriate 

11 for representation on the advisory committee; 

12 (H) authorized users of artillery, other 

13 military weapons, or weapons alternatives used 

14 for avalanche control; and 

15 (I) such other members as the Secretary 

16 considers to be appropriate. 

17 (d) CENTRAL DEPOSITORY.—The Secretary, the Sec18 retary of Transportation, and the Secretary of the Army 

19 shall establish a central depository for weapons, ammuni20 tion, and parts for avalanche control purposes, including 

21 an inventory that can be made available to Federal and 

22 non-Federal entities for avalanche control purposes under 

23 the program. 

24 (e) GRANTS.— 


jbell on PROD1PC69 with BILLS
5 

•S 3042 IS

1 (1) IN GENERAL.—The Secretary may make 

2 grants to carry out projects and activities under the 

3 program— 

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

5 detection, and mitigation of avalanches for the 

6 safety and protection of persons, property, and 

7 at-risk communities; 

8 (B) to maintain essential transportation, 

9 utilities, and communications affected or poten10 tially affected by avalanches; 

11 (C) to assist avalanche artillery users to 

12 ensure the availability of adequate supplies of 

13 artillery and other unique explosives required 

14 for avalanche control in or affecting— 

15 (i) Federal land used for recreation 

16 purposes; and 

17 (ii) adjacent communities, and essen18 tial transportation corridors, that are at 

19 risk of avalanches; and 

20 (D) to assist public or private persons (in21 cluding entities) in— 

22 (i) providing public education regard23 ing avalanches; and 

24 (ii) conducting research and develop25 ment activities for cost-effective and reliVerDate Aug 31 2005 06:31 May 21, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3042.IS S3042

jbell on PROD1PC69 with BILLS
6 

•S 3042 IS

1 able alternatives to minimize reliance on 

2 military weapons for avalanche control. 

3 (2) PRIORITY.—The Secretary shall give pri4 ority to projects and activities carried out in ava5 lanche zones— 

6 (A) with a high frequency or severity of 

7 avalanches; or 

8 (B) in which deaths or serious injuries to 

9 individuals, or loss or damage to public facilities 

10 and communities, have occurred or are likely to 

11 occur. 

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

13 40, United States Code, is amended— 

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

15 the semicolon at the end; 

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

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

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

19 ‘‘(C) in the case of surplus artillery ord20 nance that is suitable for avalanche control pur21 poses, to a user of the ordnance.’’. 

22 SEC. 4. LIMITATION. 

23 Nothing in this Act— 


jbell on PROD1PC69 with BILLS
7 

•S 3042 IS

1 (1) requires the use of artillery or any other av2 alanche-related actions affecting any unit of the Na3 tional Park System or any other Federal land; or 

4 (2) limits the applicability of any Federal law 

5 or regulation with respect to any such actions on 

6 Federal land. 

Æ 


jbell on PROD1PC69 with BILLS