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 Agri-
culture and Government Reform, for a period to be subsequently deter-
mined 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 pro-
gram 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Land Rec-
reational 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 the Interior. 
SEC. 3. AVALANCHE PROTECTION PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a coordinated avalanche protection program— 
(1) to provide early identification of the poten-
tial for avalanches that could endanger the safety of 
recreational users of public land, including skiers, 
backpackers, snowboarders, and campers and visi-
tors to units of the National Park System; and 
(2) to reduce the risks and mitigate the effects 
of avalanches on visitors, recreational users, neigh-
boring communities, and transportation corridors. 
(b) COORDINATION.— 
(1) IN
GENERAL.—In developing and imple-
menting the program, the Secretary shall consult 
with the Secretary of Agriculture, and coordinate the 
program, to ensure adequate levels of protection for 
recreational users of public land under the jurisdic-
tion of the Secretary, 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 Agriculture— 
(A) shall, to the maximum extent prac-
ticable, use the resources of the National Ava-
lanche 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 Sec-
retary of Agriculture shall jointly establish an advi-
sory committee to assist in the development and im-
plementation of the program. 
(2) MEMBERSHIP.— 
(A) IN
GENERAL.—The Advisory Com-
mittee 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 rep-
resentatives of—
(i) Federal land management agencies 
and concessionaires or permittees that are 
exposed to the threat of avalanches; 
(ii) State departments of transpor-
tation that have experience in dealing with 
the effects of avalanches; and 
(iii) Federal- or State-owned railroads 
that have experience in dealing with the ef-
fects of avalanches. 
(d) CENTRAL DEPOSITORY.—The Secretary, the Sec-
retary of Agriculture, and the Secretary of the Army shall 
establish a central depository for weapons, ammunition, 
and parts for avalanche control purposes, including an in-
ventory 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 Sec-
retary of Agriculture 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 af-
fected 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 recre-
ation purposes; and 
(iii) adjacent communities, and essen-
tial 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 alter-
natives to minimize reliance on military weap-
ons for avalanche control. 
(2) PRIORITY.—For each fiscal year for which 
funds are made available under section 4, the Sec-
retary 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 ORDINANCE.—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 ordi-
nance that is suitable for avalanche control pur-
poses, to a user of such ordinance.’’. 
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. 
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