108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–689 

DESIGNATION OF NATIONAL TREE 

SEPTEMBER 17, 2004.—Referred to the House Calendar and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 1775] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 1775) to amend title 36, United States Code, to designate the 

oak tree as the national tree of the United States, having considered the same, reports favorably thereon without amendment and 

recommends that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 2 

Vote of the Committee ............................................................................................. 2 

Committee Oversight Findings ............................................................................... 2 

New Budget Authority and Tax Expenditures ...................................................... 3 

Congressional Budget Office Cost Estimate .......................................................... 3 

Performance Goals and Objectives ......................................................................... 3 

Constitutional Authority Statement ...................................................................... 3 

Section-by-Section Analysis and Discussion .......................................................... 4 

Changes in Existing Law Made by the Bill, as Reported ..................................... 4 

Markup Transcript .................................................................................................. 5 

PURPOSE AND SUMMARY

The purpose of H.R. 1775 is to designate the tree genus Quercus, 

commonly known as the oak tree, as the national tree. 

BACKGROUND AND NEED FOR THE LEGISLATION

The oak tree was chosen by the American people as the national 

tree in a 4-month-long open voting process sponsored by the NaVerDate Aug 04 2004 02:08 Sep 18, 2004 Jkt 029006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6601 E:\HR\OC\HR689.XXX HR689
2 

1 Connecticut, Georgia, Illinois, Iowa, Maryland, and New Jersey are the States that have designated the oak as their State tree. 

tional Arbor Day Foundation in 2001. It received over 100,000 

votes out of some 400,000 total votes cast. On Friday, April 27, 

2001, the selection of the oak as the national tree was commemorated with a ceremonial planting of an oak on the United States 

Capitol grounds. 

The oak was the natural choice for the national tree. Its many 

species are common to all 50 States, and six States have already 

named the oak as their State tree.1 The oak tree has also played 

an important role in the history of the United States. For example, 

the Charter Oak, which is featured on the back of the Connecticut 

quarter, served as a hiding place for that State’s charter when the 

British sought to have the charter surrendered in 1687. Furthermore, the oak tree’s strength and durability as a building material 

is well known; the U.S.S. Constitution, commonly known as ‘‘Old 

Ironsides,’’ has a hull constructed of live oak. 

If H.R. 1775 is enacted, the oak tree would join the ‘‘Star-Spangled Banner,’’ ‘‘In God We Trust,’’ the rose, and ‘‘The Stars and 

Stripes Forever’’ in Title 36, United States Code, as a symbol of the 

United States. 

HEARINGS

No hearings were held in the Committee on the Judiciary on 

H.R. 1775. 

COMMITTEE CONSIDERATION

On May 13, 2004, the Subcommittee on the Constitution met in 

open session and ordered favorably reported the bill H.R. 1775, by 

a voice vote, a quorum being present. On September 9, 2004, the 

Committee met in open session and ordered favorably reported the 

bill H.R. 1775, without an amendment, by voice vote, a quorum 

being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the Committee’s consideration of H.R. 1775. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

3 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 1775, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 14, 2004. 

Hon. F. JAMES SENSENBRENNER, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1775, a bill to amend title 

36, United States Code, to designate the oak tree as the national 

tree of the United States. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford, who 

can be reached at 226–2860. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN. 

Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 1775—A bill to amend title 36, United States Code, to designate the oak tree as the national tree of the United States. 

H.R. 1775 would amend federal law to make the tree genus 

Quercus (commonly known as the oak tree) the national tree of the 

United States. CBO estimates that implementing H.R. 1775 would 

have no significant cost and would not affect direct spending or 

revenues. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of State, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford, who 

can be reached at 226–2860. This estimate was approved by Peter 

H. Fontaine, Deputy Assistant Director for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the goal of H.R. 1775 

is to designate the tree genus Quercus, commonly known as the 

oak, as the national tree of the United States. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, §8 of the Constitution. 

4 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Sec. 1. Designation of National Tree. This section designates the 

tree genus Quercus, commonly known as the oak tree, as the national tree, and makes conforming amendments to Chapter 3, Title 

36. 

Sec. 1 does not specify any particular species of oak, but rather 

designates the genus Quercus (oak) as the official national tree. By 

so defining the national tree, this designation will include oak varieties that span the continent, such as the Live Oak, the Northern 

Red Oak, the Arizona White Oak, and many more. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

TITLE 36, UNITED STATES CODE 

* * * * * * * 

SUBTITLE I—PATRIOTIC AND NATIONAL 

OBSERVANCES AND CEREMONIES 

PART A—OBSERVANCES AND CEREMONIES 

CHAPTER Sec. 

1. PATRIOTIC AND NATIONAL OBSERVANCES .................................... 101 

3. NATIONAL ANTHEM, MOTTO, FLORAL EMBLEMø, AND 

MARCH¿ MARCH, AND TREE ............................................................ 301 

* * * * * * * 

CHAPTER 3—NATIONAL ANTHEM, MOTTO, FLORAL 

EMBLEMø, AND MARCH¿ MARCH, AND TREE 

Sec. 

301. National anthem. 

* * * * * * * 

305. National tree. 

* * * * * * * 

§ 305. National tree 

The tree genus Quercus, commonly known as the oak tree, is the 

national tree. 

* * * * * * * 

5 

MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, SEPTEMBER 8, 2004 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:00 a.m., in Room 

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr., [Chairman of the Committee] Presiding. 

[Intervening business.] 

Chairman SENSENBRENNER. The next item on the agenda is the 

adoption of H.R. 1775, ‘‘to amend Title 36, United State Code, to 

designate the oak tree as the national tree of the United States.’’ 

The Chair recognizes the gentleman from Ohio, Mr. Chabot, the 

Chairman of the Subcommittee on the Constitution for a motion. 

Mr. CHABOT. I move that the bill be reported. 

[The bill, H.R. 1775, follows:] 

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1775I1.eps
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1775I2.eps
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Chairman SENSENBRENNER. Okay. The gentleman from Ohio on 

behalf of the Subcommittee moves that the bill be reported favorably with a favorable recommendation to the full House. Without 

objection, the bill will be considered as read and open for amendment at any point. The Chair recognizes the author of the legislation, the gentleman from Virginia, Mr. Goodlatte, to strike the last 

word. 

Mr. GOODLATTE. Mr. Chairman, thank you for holding a markup 

of this legislation designating the oak as America’s national tree. 

During a 4-month long on-line election with almost half a million 

votes logged, the American people chose the oak tree as America’s 

national tree. To make official what the American people have already chosen, I introduced H.R. 1775 last April which will officially 

designate the oak as America’s national tree. 

As a Member of Congress representing a heavily forested district 

in Virginia, I know firsthand how trees add to our quality of life. 

As Chairman of the House Agriculture Committee, I appreciate 

how trees and forests enhance the environment, add recreational 

opportunities, and provide for the livelihoods of millions of individuals in the forest industry. 

Whether enjoying a product generated from a forest or the simple 

satisfaction of lying under a shaded giant, trees contribute to all 

Americans. 

The strong and stately oak tree is of particular importance in 

America’s history and culture. Not only is this majestic tree an aesthetic beauty that characterizes the landscape of much of our great 

Nation, it also provides us with wood products in our homes, our 

offices and our places of gathering. Present in all 50 States, the oak 

has played a huge role in America’s history as a valuable resource. 

It helped our Founding Fathers establish a new Nation, supplying building materials for the ever-expanding 13 original colonies. It served as a familiar site to pioneers as they forged across 

the new republic to the West Coast and to this day has remained 

an enduring valuable and highly priced raw material from which 

beautifully crafted furniture, sturdy door and window framing or 

ornate flooring and paneling and the like are made. 

This enduring and mighty tree, which has long been part of our 

national heritage and strength, fully merits the distinction of 

America’s national tree. The oak tree has played a key role in 

many specific historic monuments in our Nation’s history. 

Abraham Lincoln found his way across a river near Homer, Illinois, using the Salt River Fort Oak as a marker. When King James 

II attempted to revoke Connecticut’s charter, the Charter White 

Oak is said to have been the hiding place for the historic document. 

Andrew Jackson took shelter under Louisiana’s Sunnybrook Oak 

on his way to the Battle of New Orleans, and Old Ironsides is not 

made of iron. The USS Constitution earned its nickname from the 

strength of its live oak hull, famous for easily repelling British cannonballs. 

Chosen by the people in a broad-based election, the oak tree represents the fundamental characteristics of this great Nation: 

strength, endurance and beauty. 

I urge the Members of this Committee to make official what we 

have known for many years, that the oak tree is America’s national 

tree. 

9 

[A letter of support from The National Arbor Day Foundation follows:] 

Chairman SENSENBRENNER. [Presiding.] Does anybody wish to 

make an opening statement on the Democratic side? 

If not, all Members—— 

Mr. KELLER. Mr. Chairman. 

Chairman SENSENBRENNER. —have 5 days in which to insert 

opening statements in the record at this point. 

Are there any amendments? 

The gentleman from Florida, Mr. Keller. 

Mr. KELLER. I move to strike the last word. 


NADF.eps
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Chairman SENSENBRENNER. The gentleman is recognized for 5 

minutes. 

Mr. KELLER. Obviously, this is a very controversial piece of legislation. I received a lot of heat from the American Palm Tree Association about this. There was an oak tree that recently fell on my 

mom’s home in Hurricane Charley that resulted in it totally being 

razed. I just want to know if the author would consider a minor 

substitution to change the word ‘‘oak’’ to ‘‘palm’’ in this amendment. 

Mr. GOODLATTE. Would the gentleman yield? 

Mr. KELLER. I will yield. 

Mr. GOODLATTE. Palm wasn’t even close in the running. 

Mr. KELLER. All right. I will vote for it then. 

I yield back the balance of my time. 

Chairman SENSENBRENNER. Are there any amendments? You are 

sure? 

Well, if there are no amendments, then the Chair notes the presence of a reporting quorum and the question occurs on the motion 

to report the bill H.R. 1775 favorably. All those in favor will say 

aye. Aye. Opposed, no. 

The ayes appear to have it. The ayes have it. 

The motion to report favorably is agreed to. Without objection, 

the Chairman is authorized to move to go to conference pursuant 

to House Rules. Without objection, the staff is directed to make any 

technical and conforming changes; and all Members will be given 

2 days as provided by House rules in which to submit additional 

dissenting, supplemental or minority views. 

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