[Senate Report 109-11]
[From the U.S. Government Publishing Office]
Calendar No. 22
109th Congress Report
SENATE
1st Session 109-11
======================================================================
FEDERAL LAND RECREATIONAL VISITOR PROTECTION ACT OF 2005
_______
February 23, 2005.--Ordered to be printed
Filed, under authority of the order of the Senate of February 17, 2005
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 225]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 225) 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, having considered the same, reports favorably
thereon with an amendment and an amendment to the title and
recommends that the bill, as amended, do pass.
The amendments are as follows:
1. 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 Recreational 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
Agriculture.
SEC. 3. AVALANCHE PROTECTION PROGRAM.
(a) Establishment.--The Secretary, in consultation with the Secretary
of the Interior, shall establish a coordinated avalanche protection
program--
(1) to provide early identification of the potential for
avalanches that could endanger the safety of recreational users
of public land, including skiers, backpackers, snowboarders,
and campers and visitors to units of the National Park System;
and
(2) to reduce the risks and mitigate the effects of
avalanches on visitors, recreational users, neighboring
communities, and transportation corridors.
(b) Coordination.--
(1) In general.--In developing and implementing the program,
the Secretary shall consult with the Secretary of the Interior,
and coordinate the program, to ensure adequate levels of
protection for recreational users of public land under the
jurisdiction of the Secretary of the Interior, 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 the Interior--
(A) shall, to the maximum extent practicable, use the
resources of the National Avalanche 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 Secretary of the
Interior shall jointly establish an advisory committee to
assist in the development and implementation of the program.
(2) Membership.--
(A) In general.--The Advisory Committee 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 representatives of--
(i) Federal land management agencies and
concessionaires or permittees that are exposed
to the threat of avalanches;
(ii) State departments of transportation that
have experience in dealing with the effects of
avalanches; and
(iii) Federal- or State-owned railroads that
have experience in dealing with the effects of
avalanches.
(d) Central Depository.--The Secretary, the Secretary of the
Interior, and the Secretary of the Army shall establish a central
depository for weapons, ammunition, and parts for avalanche control
purposes, including an inventory 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 Secretary of the
Interior 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 affected 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 recreation
purposes; and
(iii) adjacent communities, and essential
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 alternatives to minimize
reliance on military weapons for avalanche control.
(2) Priority.--For each fiscal year for which funds are made
available under section 4, the Secretary 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 ordinance that
is suitable for avalanche control purposes, 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.
2. 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.''.
Purpose of the Measure
The purpose of S. 225 is 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.
Background and Need
Each year thousands of snow avalanches fall from steep
mountain slopes. Most of these avalanches occur in remote
mountain areas in Alaska, the West and the Northeast, and go
unnoticed. When avalanches do occur in areas of human activity,
their cost can be dire. An average of 30 avalanche-related
deaths occur each year in the United States. Between 1996-2003
the highest number of these fatalities occurred in the State of
Alaska, followed by Colorado and Montana.
The Forest Service is responsible for coordinating the
majority of the avalanche mitigation activities that occur in
the United States. Sixteen regional avalanche centers provide a
myriad of services, including avalanche forecasting,
mitigation, search and rescue, and education. Many of these
centers are managed and funded cooperatively, with help from
the National Park Service, State agencies, and other
organizations. In 2001 the Forest Service contributed
approximately $492,000 to the operation of the regional
avalanche centers. In comparison, the National Park Service
contributed $27,000, other Federal agencies contributed
$312,000 and State agencies contributed $558,000.
In addition to the cost of human life, avalanches can cause
considerable property damage and result in direct and indirect
economic loss for both the private and public sectors. While
comprehensive economic data is not available for all regional
avalanche centers, the benefits of avalanche mitigation,
particularly for transportation corridors, appear to outweigh
the costs of operation. For example, the Northwest Weather and
Avalanche Center (NWAC) located in Washington State provides
services for Washington, Oregon and British Columbia. NWAC is
cooperatively funded by the Washington State Department of
Transportation (WSDOT), the State snowmobile and snowpark
programs of Washington and Oregon, the National Weather
Service, the National Park Service, the British Columbia
Ministry of Highways and Transportation, and others. In 2001,
the annual operating costs of NWAC were $249,000, with an
estimated $150,000 in indirect (in-kind) contributions. In
comparison, the WSDOT estimates that a two-hour closure on
avalanche prone Snoqualmie Pass costs the economy of Washington
State over $1,000,000.
As ordered reported, S. 225 directs the Secretary of
Agriculture, in consultation with the Secretary of the
Interior, to establish a coordinated national avalanche
protection program to provide for early identification of
avalanche hazards and to mitigate their effect on users of
public lands, neighboring communities and transportation
corridors. The bill authorizes grants for avalanche protection
activities and establishes an advisory committee to assist in
the development and implementation of the program. S. 225 also
establishes a central repository for surplus weapons and
munitions to make these munitions more readily available to
states and agencies for avalanche control.
Legislative History
S. 225 was introduced by Senators Stevens, Murkowski, and
Inouye on February 1, 2005. At the business meeting on February
9, 2005, the Committee on Energy and Natural Resources ordered
S. 225, as amended, favorably reported. During the 108th
Congress, a similar bill, S. 931, was introduced by Senator
Stevens and others on April 29, 2003. The Committee on Energy
and Natural Resources' Subcommittee on National Parks held a
hearing on S. 931 on June 8, 2004, (S. Hrg. 108-638). At the
business meeting on July 14, 2004, the Committee on Energy and
Natural Resources ordered S. 931, as amended, favorably
reported (S. Rept. 108-320). S. 931, as amended, passed the
Senate by unanimous consent on September 15, 2004. The House of
Representatives did not consider the bill prior to the sine die
adjournment of the 108th Congress.
Committee Recommendation
The Committee on Energy and Natural Resources, in an open
business session on February 9, 2005, by a unanimous voice vote
of a quorum present, recommends that the Senate pass S. 225, if
amended as described herein.
Committee Amendment
During its consideration of S. 225, the Committee adopted
an amendment in the nature of a substitute and an amendment to
the title. The substitute amendment places the avalanche
program under the Department of Agriculture instead of the
Department of the Interior and specifies an annual funding
limit of $15 million, for the grant program for the years 2006
through 2010. The substitute amendment is described in detail
in the section-by-section analysis below.
Section-by-Section Analysis
Section 1 entitles this bill the ``Federal Land
Recreational Visitor Protection Act of 2005.''
Section 2 defines key terms used in the Act.
Section 3(a) directs the Secretary of Agriculture
(Secretary), in consultation with the Secretary of the
Interior, to establish a coordinated avalanche protection
program (Program) to provide for early identification of
avalanche hazards and to mitigate their effect on recreational
users of public lands and visitors to units of the National
Park System. The other goal of the Program is to reduce the
risk of avalanche on neighboring communities and within
transportation corridors.
Subsection (b)(1) directs the Secretary to coordinate and
consult with the Secretary of the Interior to ensure that the
Program adequately protects visitors to all public lands from
avalanches.
Paragraph (2) directs the Secretary and the Secretary of
the Interior to use to the maximum extent possible the National
Avalanche Center of the Forest Service as well as other
available resources to develop and implement the Program.
Subsection (c) requires the Secretary and the Secretary of
the Interior to establish an advisory committee and describes
the composition and tenure of the committee. The committee is
to include 11 members who represent users of artillery or other
weapons for avalanche control and will consist of appointees
from Federal land management agencies, State departments of
transportation and Federal or State owned railroads.
Subsection (d) directs the Secretary, the Secretary of the
Interior and the Secretary of the Army to establish a central
repository for munitions and weapons to be used for avalanche
control purposes. This section also requires that an inventory
of these munitions be made available to Federal and non-Federal
entities.
Subsection (e) provides authority to the Secretary and the
Secretary of the Interior to make grants available to fund
projects and other activities under the program. The types of
activities and projects appropriate for grant funding are
listed and the process for prioritizing those projects is
described.
Subsection (f) amends title 40 of section 549(c)(3) United
States Code, to allow for the transfer of surplus military
ordinance, suitable for avalanche control, to state agencies.
Section 4 authorizes $15 million to be appropriated, for
each of fiscal years 2006 through 2010, to carry out this Act.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office.
February 11, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 225, the Federal
Land Recreational Visitor Protection Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Megan
Carroll and Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 225--Federal Land Recreational Visitor Protection Act of 2005
Summary: S. 225 would direct the Secretary of Agriculture,
in consultation with the Secretary of the Interior, to
establish a program to reduce the risk of avalanches on certain
federal lands used for recreation. To facilitate the
development and execution of the new program, the bill would
require the secretaries to establish an advisory committee and
would authorize them to provide grants to public or private
entities. For those programs, the bill would authorize the
appropriation of $15 million a year over the 2006-2010 period
for grants to nonfederal parties to support that program.
CBO estimates that implementing S. 225 would cost $4
million in 2006 and $65 million through 2010, assuming
appropriation of the authorized amounts. Enacting the bill
would not affect direct spending or receipts. S. 225 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. States may
benefit from grants authorized by this bill.
Estimated cost to the Federal Government: For this
estimate, CBO assumes that S. 225 will be enacted in fiscal
year 2005 and that funds will be provided as specified in the
bill. Estimates of outlays are based on historical spending
patterns for similar activities. The estimated budgetary impact
of S. 225 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--
--------------------------------------------
2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................ 15 15 15 15 15
Estimated Outlays.................................................. 4 11 17 17 16
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 225
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. States may benefit from grants authorized
by this bill.
Estimate prepared by: Federal Costs: Megan Carroll and
Deborah Reis; Impact on State, Local, and Tribal Governments:
Marjorie Miller; and Impact on the Private Sector: Paige Piper/
Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
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. 225.
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. 225.
Executive Communications
The testimony provided by the Department of the Interior
and the Department of Agriculture at the Subcommittee hearing
on S. 931 in the 108th Congress follows:
Statement of Janet Snyder Matthews, Associate Director for Cultural
Resources, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before you today to present the views of the Department of the
Interior on S. 931, a bill that would direct the Secretary of
the Interior to establish a coordinated avalanche protection
program that would provide early identification of the
potential for avalanches, and reduce the risks and mitigate the
effects of avalanches on visitors, recreational users,
neighboring communities, and transportation corridors.
The Department supports the concepts contained in S. 931.
However, the Department cannot support the bill unless amended
to (1) delete the formation of a new grants program, and (2)
designate the Secretary of Agriculture as the lead for this
bill. At a time when we are trying to reduce backlogs and
maintain what we already own, we cannot afford to take on the
new funding responsibilities under this grants program.
The history of avalanches influencing visitor safety on
public lands is significant and well-documented. Three hundred
and ninety-two people have perished in avalanches on public
lands in the past twenty years and as winter sport activities
continue to rise, so will avalanche incidents. Avalanche
fatalities on National Park Service (NPS) managed lands account
for about six percent, whereas avalanche fatalities on National
Forest lands account for about ninety percent of the total.
Avalanches kill more people on public lands than any other
natural event.
The National Park Service and United States Forest Service
have actively managed a coordinated aggressive avalanche
protection program since the late 1930's. Although the National
Park Service provides limited funding and extensive data
collection to the Forest Service, it should be noted that the
Forest Service is the lead agency with regard to avalanche
awareness and mitigation efforts. The Forest Service program
includes managing the National Avalanche Center in Ketchum,
Idaho, as well as fifteen regional backcountry avalanche
centers. These avalanche centers issue avalanche danger
advisories for limited and specified geographic areas
throughout the west, the northeast, and Alaska.
Currently these programs include snow pack and climate
analysis, provide avalanche awareness information via
publications, visitor centers, weather radio, and internet
sites, teach avalanche awareness classes to the public, and
develop and provide avalanche control work using explosives and
passive control devices. It is recognized that these centers
only exist in and serve a limited number of geographic areas,
and all have limited resources. However, they continue to
provide information to millions of recreation users and to
other government and private agencies.
The primary avalanche control method includes hand and
aerial projected explosive charges. However, many areas are
using passive control measures such as the spreading of
charcoal on avalanche prone slopes and manually triggered
releases. Although the bill prescribes the use of artillery,
the National Park Service is prohibited from using this method
in congressionally designated wilderness areas, where the
majority of avalanche hazard zones exist in the National Park
System. The artillery systems that are used in NPS areas were
not designed to trigger avalanches or to be used in very cold
environments. In 1999, Yellowstone National Park experienced
several difficulties with unexploded ordnance resulting in risk
to park visitors and our employees. Military systems other than
the ones currently employed have been carefully analyzed and
none appear to be applicable as avalanche control systems.
To further complicate this issue the U.S. military recently
requested the return of five howitzers that cooperators were
using to prevent avalanches, including the one at Yellowstone,
to be used for active military service. Of the many benefits of
the bill, developing alternatives to military artillery for
avalanche control would be very desirable.
We recognize that there is much room for improvement in
avalanche management methods, and the Department respectfully
urges this committee to consider the following suggestions for
strengthening S. 931 and making its implementation more
efficient and effective.
First, we recommend that the bill designate the Secretary
of Agriculture to lead the establishment of a coordinated
avalanche program. The U.S. Forest Service has considerable
experience in avalanche control and data gathering, oversight
of National Avalanche Centers, and a greater percentage of
incidents that warrant the designation of the Department of
Agriculture as the best department to develop and manage the
program.
Secondly, we recommend that the formation of a new grants
program under section 3(e) be deleted from the bill. The
Departments of Agriculture and the Interior must focus existing
funding on effectively managing Federal lands, including
avalanche awareness and protection. Creating a new
responsibility to fund grants could divert available funds away
from these operational needs.
We believe that this bill will provide the appropriate
Federal support for services such as avalanche forecasting,
munitions management, and public information to ensure visitor
protection on public lands.
Mr. Chairman, this concludes my remarks. Thank you for the
opportunity to provide our perspective. I would be happy to
answer any questions you may have.
------
Statement of Tom L. Thompson, Deputy Chief, National Forest System,
USDA Forest Service
Mr. Chairman, I want to thank you for the opportunity to
appear before this committee to present the views of the
administration on S. 931, Federal Lands Recreational Visitor
Protection Act of 2003, a bill to establish a program to reduce
the risks from and mitigate the effects of avalanches on
recreational users of and other visitors to public lands. The
USDA Forest Service supports the concepts contained in this
bill. However, we cannot support S. 931 unless amended to (1)
delete the formation of a grants program and (2) designate the
Secretary of Agriculture as the lead for this bill. At a time
when we are trying to reduce backlogs and maintain National
Forest System lands, we cannot afford to take on the new
funding responsibilities under this grants program.
S. 931 describes several goals that would be favorable to
the public. These include improved program coordination and
development to reduce the risk of avalanche to visitors of
public lands, the creation of an advisory committee to assist
in development and implementation of an avalanche protection
program, and the establishment of a central depository for
ordnance used for avalanche control purposes. We support a
coordinated and improved avalanche protection program on public
lands.
Visitors to public lands that are threatened by avalanches
fall roughly into three categories: people driving on mountain
highways; people visiting developed sites like ski areas; and
people going into the backcountry to cross country ski or ride
a snowmobile.
Much of the backcountry and developed winter recreation
that takes place in avalanche terrain occurs on National
Forests. Over the past 50 years, the vast majority of avalanche
fatalities have occurred on National Forest System lands.
The Forest Service plays an important role in avalanche
coordination and safety, and the expertise that the agency can
bring to developing an avalanche program as envisioned in this
legislation is significant. The Forest Service, working with
the National Park Service, has a long history of addressing
avalanche protection on all federal land. The Forest Service
began permitting ski areas on the National Forests in the 1930s
and soon recognized that avalanches threatened skiers' safety
both traveling to and within permitted ski areas. To reduce the
threat, the Forest Service established the Snow Ranger Program
in 1938 to provide Forest Service winter sports personnel with
rigorous snow science expertise, avalanche forecasting, and
training in the use of explosives for avalanche control. Since
the 1950s, the Forest Service has played a significant role in
further research on avalanches.
To further public safety, the Forest Service established
the National Avalanche Center in the early 1990s. The National
Avalanche Center manages the military artillery program for
avalanche control, coordinates a network of backcountry
avalanche education and advisory centers, transfers state of
the art avalanche technology to the advisory centers,
facilitates avalanche research, and develops and distributes
avalanche safety products. There are 17 avalanche backcountry
centers located in various locations in Alaska, Washington,
California, Colorado, Utah, Idaho, Montana, Wyoming, and New
Hampshire. The Forest Service manages 16 of the centers and the
State of Colorado manages one. Many of these centers operate
through volunteer efforts and donations. The Forest Service
typically provides about 50 percent of the operating funds for
each of their centers and community `friends' organizations,
and other agencies typically provide the other 50 percent.
In light of these past and ongoing efforts that the Forest
Service has contributed towards avalanche awareness and
protection, we recommend that the bill designate the Secretary
of Agriculture to lead the establishment of a coordinated
avalanche program in cooperation with the Secretary of the
Interior. In addition, we recommend that the formation of a new
grants program under section 3(e) be deleted from the bill. The
Departments of Agriculture and the Interior must focus existing
funding on effectively managing Federal lands, including
avalanche awareness and protection. Creating a new
responsibility to fund grants could divert available funds away
from these operational needs.
S. 931 establishes a Central Depository for ordnance that
is used for avalanche control. A Central Depository is
important because all of the military artillery assets
appropriate for avalanche control could be stored in a single
location and could be better managed including assuring optimal
climatic storage conditions. At the same time, we must be aware
of the need to look for alternatives to military ordnance. It
is estimated that there is a 10- to 15-year supply of usable
assets remaining in the United States. The technology exists to
develop a system that could replace and outperform military
artillery.
We appreciate the efforts that the committee is extending
to reduce the risk of avalanche hazards to the public. Thank
you, for the opportunity to share our views on S. 931. I will
be happy to answer any questions you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 931, as ordered reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
* * * * * * *
CHAPTER 5--PROPERTY MANAGEMENT
* * * * * * *
Subchapter III--Disposing of Property
* * * * * * *
Sec. 549. Donation of personal property through state agencies
* * * * * * *
(c) Allocation and Transfer of Property.--
(1) In general.--The Administrator shall allocate and
transfer property under this section in accordance with
criteria that are based on need and use and that are
established after consultation with state agencies to
the extent feasible. The Administrator shall give fair
consideration, consistent with the established
criteria, to an expression of need and interest from a
public agency or other eligible institution within a
State. The Administrator shall give special
consideration to an eligible recipient's request,
transmitted through the state agency, for a specific
item of property.
(2) Allocation among states.--The Administrator shall
allocate property among the States on a fair and
equitable basis, taking into account the condition of
the property as well as the original acquisition cost
of the property.
(3) Recipients and purposes.--The Administrator shall
transfer to a state agency property the state agency
selects for distribution through donation within the
State--
(A) to a public agency for use in carrying
out or promoting, for residents of a given
political area, a public purpose, including
conservation, economic development, education,
parks and recreation, public health, and public
safety; [or]
(B) for purposes of education or public
health (including research), to a nonprofit
educational or public health institution or
organization that is exempt from taxation under
section 501 of the Internal Revenue Code of
1986 (26 U.S.C. 501), including--
(i) a medical institution, hospital,
clinic, health center, or drug abuse
treatment center;
(ii)a provider of assistance to
homeless individuals or to families or
individuals whose annual incomes are
below the poverty line (as that term is
defined in section 673 of the Community
Services Block Grant Act (42 U.S.C.
9902));
(iii)a school, college, or
university;
(iv) a school for the mentally
retarded or physically handicapped;
(v) a child care center;
(vi) a radio or television station
licensed by the Federal Communications
Commission as an educational radio or
educational television station;
(vii) a museum attended by the
public; or
(viii) a library serving free all
residents of a community, district,
State, or region[.] ; or
(C) in the case of surplus artillery
ordinance that is suitable for avalanche
control purposes, to a user of such ordinance.
(4) Exception.--This subsection does not apply to
property transferred under subsection (d).
* * * * * * *