[Senate Report 111-266]
[From the U.S. Government Publishing Office]
Calendar No. 536
111th Congress Report
SENATE
2d Session 111-266
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FEDERAL LAND AVALANCHE PROTECTION ACT
_______
August 5, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2907]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2907) to establish a coordinated
avalanche protection program, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Avalanche Protection
Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Committee.--The term ``Committee'' means the Avalanche
Artillery Users of North America Committee.
(2) Program.--The term ``program'' means the avalanche
protection program established under section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
SEC. 3. AVALANCHE PROTECTION PROGRAM.
(a) Establishment.--The Secretary shall establish an avalanche
protection program to provide information and assistance to users of
avalanche-prone National Forest System land.
(b) Objectives.--The objectives of the program include----
(1) to inform and educate the public about the risks posed by
avalanches to reduce the potential for injury, death, or
property damage;
(2) to provide avalanche forecasts for avalanche-prone areas
of the National Forest System that are frequented by
recreational or other users;
(3) to provide oversight of activities relating to the
prevention and control of avalanches by ski area and other
special use permit holders on National Forest System land,
including the procurement, control, and use of artillery; and
(4) to facilitate research on the objectives of the program,
including research on the development of alternatives to
military artillery.
(c) Coordination.--In carrying out this section, the Secretary
shall----
(1) use the resources of--
(A) the National Avalanche Center of the Forest
Service; and
(B) other partners; and
(2) work with the Committee and other partners to improve----
(A) coordination among users of artillery used to
prevent and control avalanches; and
(B) access to, and the control and use of, artillery
and other methods to prevent and control avalanches.
(d) Grants.--
(1) In general.--The Secretary may make grants to any person
to further the objectives of the program.
(2) Priority.--The Secretary shall give priority to grants
under paragraph (1) that enhance public safety.
(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $4,000,000 for
each of fiscal years 2010 through 2014.
PURPOSE
The purpose of S. 2907 is to provide for a coordinated
avalanche protection program and to authorize the Secretary of
Agriculture to make grants for public safety as part of the
program.
BACKGROUND AND NEED
Each year, thousands of avalanches fall from steep mountain
slopes. When avalanches occur in areas frequented by people,
they can be very dangerous and destructive. Over the last 10
winters, 266 people died in avalanches each year in the United
States, 98% of whom were snowmobiling, skiing, snowboarding,
climbing, or otherwise recreating. Most of these fatalities
occurred in Colorado (20%), Montana (15%), Utah (14%), Alaska
(14%), Wyoming (11%) and Idaho (8%).
Over the past 50 years, the vast majority of avalanche
fatalities have occurred on National Forest System land, and
the Forest Service has played an important role in avalanche
coordination and safety since the 1930s. In the early 1990s,
the Forest Service established the National Avalanche Center.
The Forest Service also manages a network of sixteen regional
Avalanche Centers in the West, Alaska, and New Hampshire and
coordinates with the Colorado Avalanche Center.
The purpose of the network is to coordinate among
backcountry avalanche education advisory centers, transfer
avalanche technology to the advisory centers, facilitate
avalanche research, and develop and distribute avalanche
forecasts, training, and safety programs. The centers also work
to procure, store, distribute, and deploy military artillery
that is used for avalanche control (i.e. where ordinance is
used to trigger avalanches under more controlled conditions,
thus reducing the risks to the public from spontaneous
avalanches).
Legislation is needed to provide a specific statutory
foundation for the Forest Service's existing avalanche program
and to authorize the Forest Service to make grants to further
the objectives of the program.
LEGISLATIVE HISTORY
S. 2907 was introduced by Senators Murkowski, Begich, and
Mark Udall on December 18, 2009. The Subcommittee on Public
Lands and Forests held a hearing on the bill on March 10, 2010.
The Committee on Energy and Natural Resources considered the
bill and adopted an amendment in the nature of a substitute at
its business meeting on June 16, 2010. The Committee ordered S.
2907 favorably reported, as amended, at its business meeting on
June 21, 2010.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on June 21, 2010, by a voice vote of a quorum
present, recommends that the Senate pass S. 2907, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 2907, the Committee adopted
an amendment in the nature of a substitute. The amendment makes
several modifications to the bill, including a number of
changes in response to concerns raised by the Administration.
The amendment refines the description of the objectives of the
program, recognizing that actual avalanche protection
activities like using ordinance are carried out separately from
the program. The Committee amendment does not include the
language in S. 2907, as introduced, that would require the
Secretary of Agriculture to establish a central depository for
military artillery for use in avalanche control, that would
authorize the Administrator of General Services to transfer
surplus artillery ordinance to a State agency or Tribe, or that
would create an advisory committee to assist in the development
and implementation of the avalanche protection program. The
amendment does encourage the Secretary to work with the
existing Avalanche Artillery Users of North American Committee
and other partners to improve coordination among various users
of artillery for avalanche control. The amendment is explained
in detail in the section-by-section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title.
Section 2 defines key terms used in the bill.
Section 3(a) directs the Secretary of Agriculture to
establish an avalanche protection program.
Subsection (b) describes the objectives of the program,
which are to educate the public about the risks posed by
avalanches, to provide avalanche forecasts, to provide
oversight of activities relating to the prevention of
avalanches by special use permit holders on National Forest
System land, and to facilitate research on the program's
objectives.
Subsection (c) requires the Secretary to use the resources
of the National Avalanche Center of the Forest Service in
carrying out the program. The Secretary must also work with the
Avalanche Artillery Users of North America Committee and other
partners to improve coordination among users of avalanche
artillery and to improve access to avalanche prevention and
control methods.
Subsection (d) authorizes $4 million to be appropriated for
each fiscal year from 2010 through 2014 for the Secretary to
make grants to further the objectives of the program, giving
priority to those grants that enhance public safety.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2907--Federal Land Avalanche Protection Act of 2010
Summary: S. 2907 would authorize the appropriation of $16
million over the 2011-2014 period for the Forest Service to
provide grants to reduce the risk of avalanches on public land.
Assuming appropriation of the authorized amounts, CBO estimates
that implementing the legislation would cost $16 million over
the 2011-2015 period. Enacting S. 2907 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures would
not apply.
S. 2907 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated Cost to the Federal Government: The estimated
budgetary impact of S. 2907 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars----
------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................ 4 4 4 4 0 16
Estimated Outlays.................................. 3 4 4 4 1 16
----------------------------------------------------------------------------------------------------------------
Basis of Estimate: For this estimate, CBO assumes that the
legislation will be enacted in 2010 and that the authorized
amounts will be appropriated for each fiscal year. Estimated
outlays are based on historical spending patterns for similar
Forest Service programs.
S. 2907 would authorize the appropriation of $4 million a
year over the 2011-2014 period for the Forest Service to
provide grants to reduce the risk of avalanches on public land.
Under current law, the agency, in coordination with other
public and private entities, conducts an avalanche protection
program in recreation areas on federal lands. In 2010, the
agency spent about $1 million to carry out activities related
to that program. The grants authorized under the bill would
provide additional support for those activities. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing the legislation would cost $16 million over the
2011-2015 period.
Pay-as-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact: S. 2907
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate Prepared by: Federal Costs: Jeff LaFave, Impact on
State, Local, and Tribal Governments: Melissa Merrell, Impact
on the Private Sector: Amy Petz.
Estimate Approved by: Sam Papenfuss, Unit Chief for Income
Security and Education Cost Estimates Unit, Budget Analysis
Division.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2907.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2907, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2907, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The views of the Administration were included in testimony
received by the Committee at the hearing on S. 2907 on March
10, 2010, which is printed below:
Statement of Harris Sherman, Under Secretary, Natural Resources and the
Environment, Department of Agriculture
Mr. Chairman, Members of the Committee, I am Harris
Sherman, Under Secretary of Agriculture for Natural Resources
and the Environment. Thank you for the opportunity to share the
Department's views on S. 2907, the Federal Land Avalanche
Protection Act of 2009.
S. 2907 directs the Secretary of Agriculture to establish a
coordinated avalanche protection program to identify the
potential for avalanches on Federal lands and inform the public
about the hazard; to carry out research related to avalanches
to improve forecasting; and to reduce the risk and mitigate the
effects of avalanches on Federal lands. S. 2907 also requires
the Secretary to establish an advisory committee to assist in
the development and implementation of the avalanche protection
program. The bill would require the establishment of a central
repository for weapons for avalanche control purposes, and
would authorize the Secretary to make grants to carry out
projects and activities under the avalanche control program.
I would like to thank the sponsors of this legislation and
the committee for recognizing the importance of the Forest
Service avalanche program. The Forest Service supports the
general concept of S. 2907, but asks the committee to consider
revising Section 3 to clarify intent and to reflect changes to
the Forest Service avalanche program that have occurred in the
last several years. We would like to work with the committee
and the sponsors in this regard.
background
The Forest Service was the first agency to initiate
avalanche control and forecasting in the United States. When
the first ski areas began operating on National Forest System
lands in the 1930s, the Forest Service began using explosives
for avalanche control work to protect visitors. In 1948, the
agency worked with the U.S. Army and pioneered the use of
artillery for avalanche control. In the years since, the Forest
Service has gradually transferred day-to-day responsibilities
for avalanche control work to ski areas, though it supervises
and manages the artillery program at the resorts. This is the
case because the Department of Defense prohibits acquisition of
artillery by private entities and because the Bureau of
Alcohol, Tobacco, and Firearms requires that artillery programs
be under federal ``dominion and control'' at ski areas.
Departments of transportation in Alaska, California,
Colorado, Utah, and Washington also use artillery to control
the avalanche danger in a number of transportation corridors in
those States.
In these areas, artillery is fired into avalanche starting
zones on National Forest System lands. This effort is usually
authorized and monitored by the Forest Service under a special
use permit issued to the respective transportation department.
As the Forest Service gradually moved into more of an
oversight role for avalanche control work, the agency
increasingly focused on providing forest visitors the education
and information necessary to avoid or minimize avalanche
hazards in the mountain backcountry. In the early 1970s, the
Forest Service established the Colorado Avalanche Information
Center. Through the 1980s the agency created a number of other
backcountry avalanche centers around the country. Today, there
are a total of 15 avalanche forecast centers operating in nine
States, providing avalanche training and regular backcountry
avalanche hazard forecasts throughout the winter.
Were it not for these avalanche centers and the information
they provide, the number of avalanche-related fatalities would
be much greater than the 28 that have occurred each year on
average over the past 15 years. Nearly all of these avalanche-
related fatalities were on National Forest System lands and
involved backcountry recreationists, including snowmobilers,
skiers, and others. As populations increase and technology
supports easier access to avalanche-prone areas, public
exposure to this hazard has been heightened.
We are convinced the avalanche forecast and education
programs literally save lives. We are fortunate that others,
including States and local community non-profit organizations,
have joined with us to provide these services.
comments on sections 3(a) and 3(b)
We are concerned that parts of subsections 3(a) and 3(b)
may be interpreted to require the Forest Service to move beyond
its traditional role of informing and educating backcountry
users, into active avalanche control work. This concern is
heightened if the intent is to have the Forest Service assume
responsibilities on both National Forest System lands and
federal lands managed by agencies in the Department of the
Interior or others such as the Department of Defense. We would
like to work with the Committee to clarify and limit the scope
of Forest Service responsibilities under this legislation.
comments on sections 3(c) and 3(d)
Presently, the Forest Service avalanche program has three
main components. The first is avalanche backcountry
forecasting, public education and information distribution, and
research and technology transfer to avalanche forecast centers.
The second is oversight of permitted ski areas and their
avalanche control programs. The third component is oversight of
the military weapons used for avalanche control.
Section 3(c) mandates that the Secretary establish a 15-
member advisory committee to assist in the development and
implementation of the avalanche protection program. As it
concerns the avalanche forecast centers and their information
and education programs, we do not believe an advisory committee
is necessary. As it concerns civilian use of military weapons
for avalanche control, the Avalanche Artillery Users of North
America Committee (AAUNAC) was formed in 1987 and encompasses
all of the users of avalanche artillery in Canada and the U.S.,
as well as the U.S. Army. AAUNAC is an ad hoc consensus-based
working group established to address the need for an informal
coordination body for civilian use of military weapons for
avalanche control. AAUNAC has proven to be an effective
organization to establish standard operating procedures,
conduct training, and provide a central point of contact for
U.S. Army. We feel it would be helpful if AAUNAC could be
formally recognized as the coordinating body for using military
weapons for avalanche control purposes. We look forward to
working with this Committee to determine the best approach for
providing this designation.
Section 3(d) requires the establishment of a central
Depository for weapons for avalanche control purposes. A
central depository has already been established by AAUNAC,
working with the Department of Defense. The facility is located
at the Sierra Army Depot in Herlong, California and contains an
estimated 20-year supply of artillery and parts. The Army has
assured AAUNAC that the Army will reserve at least a 20-year
supply of ordnance for AAUNAC users. Additionally, ski areas
operating under a permit issued by the Forest Service can
obtain ordnance for future use in their programs and store that
ordnance at other Army Depots. Consequently, section 3(d) is
not necessary.
comments on section 3(e)
We request removal of the grant program. This subsection
also identifies two criteria for awarding grants. If a grant
program is retained in S. 2907, we ask the committee to
consider recognizing the avalanche centers, and their
forecasting and education work, as the first priority, and
public safety the primary criteria for any grants.
comments on subsection 3(f)
This section amends Section 549(c)(3) of title 40, United
States Code to provide that, when a state agency selects
surplus artillery ordnance suitable for avalanche control for
distribution through donation within the state, the
Administrator of the General Services administration shall
transfer the ordnance to the user of the ordnance. Currently,
munitions are purchased by the various entities in the military
weapons program. We defer to the Department of Defense and the
General Services Administration on this proposed change.
In closing, I want to thank the Committee for the
opportunity to be with you today to provide testimony on this
legislation and we look forward to working with you on
refinements to S. 2970.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2907, as
ordered reported.