S 2575 IS

To direct the Secretary of Agriculture to conduct research, monitoring, management, treatment, and outreach activities relating to sudden oak death syndrome and to convene regular meetings of, or conduct regular consultations with, Federal, State, tribal, and local government officials to provide recommendations on how to carry out those activities.

June 24, 2004

Mrs. BOXER (for herself and Mr. SMITH) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

To direct the Secretary of Agriculture to conduct research, monitoring, management, treatment, and outreach activities relating to sudden oak death syndrome and to convene regular meetings of, or conduct regular consultations with, Federal, State, tribal, and local government officials to provide recommendations on how to carry out those activities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Sudden Oak Death Syndrome Control Act of 2004'.

SEC. 2. FINDINGS.

Congress finds that--

(1) tan oak, coast live oak, Shreve's oak, and black oak trees are among the most beloved features of the topography of California and the Pacific Northwest and efforts should be made to protect those trees from disease;

(2) the die-off of those trees, as a result of the exotic fungal pathogen Phytophthora ramorum, is approaching epidemic proportions;

(3) native plants and forests must be protected from Phytophthora ramorum;

(4) more information is needed on--

(A) Phytophthora ramorum, including the existence of Phytophthora ramorum throughout the United States; and

(B) sudden oak death syndrome, including--

(i) the causes;

(ii) the methods of transmittal; and

(iii) the best methods of treatment;

(5) the host list for Phytophthora ramorum includes 60 plant species in 32 genera, including--

(A) some of the most popular and economically important landscape and garden plants in the United States; and

(B) wild huckleberry plants, potentially endangering the commercial blueberry and cranberry industries;

(6) sudden oak death syndrome threatens to create major economic and environmental problems in California, the Pacific Northwest, and other regions, including--

(A) the increased threat of fire and fallen trees;

(B) the cost of tree removal and a reduction in property values; and

(C) loss of revenue due to--

(i) restrictions on the movement of forest products and nursery stock; and

(ii) the impact on the commercial nursery and small fruit industries;

(7) in 2002, the Secretary of Agriculture imposed a quarantine on the exportation from 10 counties in northern California and Curry County, Oregon, of oak trees and nursery plants that serve as hosts for Phytophthora ramorum;

(8) on April 9, 2004, after the discovery of Phytophthora ramorum in 2 nurseries in southern California--

(A) restrictions were placed on the interstate movement of species that could potentially serve as hosts to Phytophthora ramorum; and

(B) new restrictions were implemented on the interstate movement of host plants and potential host plants from all commercial nurseries in the State of California that are outside the 10 quarantined counties;

(9) on April 22, 2004, the restrictions referred to in paragraph (8)(B) were expanded to include--

(A) all plants in the same genus as host and potential host plants; and

(B) plants growing within 10 meters of a host or potential host plant; and

(10) several States and Canada have placed restrictions on the importation of nursery plants from California.

SEC. 3. RESEARCH, MONITORING, AND REGULATION OF SUDDEN OAK DEATH SYNDROME.

(a) IN GENERAL- The Secretary of Agriculture (referred to in this Act as the `Secretary') shall carry out a sudden oak death syndrome research, monitoring, and regulation program to develop methods to control, manage, or eradicate sudden oak death syndrome from--

(1) trees and shrubs on both public and private land; and

(2) host plants and potential host plants from commercial nurseries.

(b) RESEARCH, MONITORING, AND REGULATION ACTIVITIES- In carrying out the program under subsection (a), the Secretary may--

(1) conduct open space, roadside, and aerial surveys;

(2) provide monitoring technique workshops with respect to--

(A) Phytophthora ramorum in wildland and urban areas; and

(B) Phytophthora ramorum infestations in nurseries;

(3) conduct a comprehensive and biologically sound national survey of forests, plant nurseries, and landscapes that may have been exposed to Phytophthora ramorum, with priority given to surveying and inspecting plants at commercial nurseries and adjacent wildlands throughout the United States;

(4) develop a comprehensive risk assessment of the threat posed by Phytophthora ramorum to natural and managed plant resources in the United States, including modes of transmission and the risk of infestation;

(5) conduct a study of a representative sample of nursery plants imported into the United States from Europe, where Phytophthora ramorum is known to be found;

(6) develop baseline information on the distribution, condition, and mortality rates of oaks with Phytophthora ramorum infestation;

(7) maintain a geographic information system database of Phytophthora ramorum occurrences;

(8) conduct research on Phytophthora ramorum ecology, pathology, and management in wildland, urban, and nursery settings;

(9) evaluate the susceptibility of oak and other vulnerable species in the United States, with priority given to evaluating the susceptibility of commercially important nursery species;

(10) conduct assessments of trees that could pose a hazard due to infestation of Phytophthora ramorum; and

(11) provide diagnostic services.

SEC. 4. MANAGEMENT, TREATMENT, AND FIRE PREVENTION.

(a) IN GENERAL- The Secretary shall conduct sudden oak death syndrome management, treatment, and fire prevention activities.

(b) MANAGEMENT, TREATMENT, AND FIRE PREVENTION ACTIVITIES- In carrying out subsection (a), the Secretary shall--

(1) carry out activities to reduce the threat of fire and fallen trees killed by sudden oak death syndrome;

(2) increase and improve firefighting and emergency response capabilities in areas where fire hazard has increased due to tree die-off;

(3) treat vegetation to prevent fire in areas heavily infected with sudden oak death syndrome; and

(4) provide grants to local units of government for hazard tree removal, disposal and recycling, assessment and management of restoration and mitigation projects, green waste treatment facilities, reforestation, and resistant tree breeding.

SEC. 5. EDUCATION AND OUTREACH.

(a) IN GENERAL- The Secretary shall conduct education and outreach activities to make information available to the public on sudden death oak syndrome.

(b) EDUCATION AND OUTREACH ACTIVITIES- In carrying out subsection (a), the Secretary may--

(1) develop and distribute educational materials for homeowners, arborists, urban foresters, park managers, public works personnel, recreationists, nursery workers, landscapers, naturists, firefighting personnel, and other individuals, as the Secretary determines appropriate;

(2) design and maintain a website to provide information on sudden oak death syndrome; and

(3) provide financial and technical support to States, local governments, and nonprofit organizations providing information on sudden oak death syndrome.

SEC. 6. INTERGOVERNMENTAL COMMUNICATION.

(a) SENSE OF CONGRESS- It is the sense of Congress that close communication between the affected agencies at all levels of government is required for the programs authorized under this Act to be effective.

(b) REGULAR MEETINGS OR CONSULTATIONS-

(1) IN GENERAL- In accordance with section 204(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534(a)), the Secretary shall convene regular meetings of, or conduct regular consultations with, Federal, State, tribal, and local government officials for the purpose of providing a means of exchanging information and recommendations on how to carry out this Act effectively.

(2) REQUIREMENTS- Meetings or consultations conducted under paragraph (1) shall--

(A) be conducted in a manner that ensures that the various regions of the United States are represented; and

(B) include--

(i) representatives from the Animal and Plant Health Inspection Service;

(ii) representatives from the Agriculture Research Service;

(iii) representatives from the Cooperative State Research, Education, and Extension Service;

(iv) representatives from the Forest Service;

(v) representatives from State forester offices; and

(vi) State representatives from the National Plant Board.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for each of fiscal years 2005 through 2009--

(1) to carry out section 3, $25,000,000;

(2) to carry out section 4, $18,500,000; and

(3) to carry out section 5, $700,000.

END