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107TH CONGRESS

1ST SESSION H. R. 2144

To direct the Secretary of Agriculture to conduct research, monitoring, management, treatment, and outreach activities relating to sudden oak death

syndrome and to establish a Sudden Oak Death Syndrome Advisory

Committee.

IN THE HOUSE OF REPRESENTATIVES

JUNE 12, 2001

Ms. WOOLSEY (for herself, Mrs. TAUSCHER, Ms. PELOSI, Mr. LANTOS, Mr.

HONDA, Mrs. CAPPS, Ms. LEE, Mr. THOMPSON of California, Mr. STARK,

Mr. GEORGE MILLER of California, Mr. FARR of California, Ms.

LOFGREN, and Ms. ESHOO) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To direct the Secretary of Agriculture to conduct research,

monitoring, management, treatment, and outreach activities relating to sudden oak death syndrome and to establish a Sudden Oak Death Syndrome Advisory Committee.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Sudden Oak Death

5 Syndrome Control Act of 2001’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) tan oak, coast live oak, Shreve’s oak, and

4 black oak trees are among the most beloved features

5 of the topography of California and the Pacific

6 Northwest and efforts should be made to protect

7 those trees from disease;

8 (2) the die-off of those trees, as a result of the

9 exotic Phytophthora fungus, is approaching epidemic

10 proportions;

11 (3) very little is known about the new species

12 of Phytophthora, and scientists are struggling to un13 derstand the causes of sudden oak death syndrome,

14 the methods of transmittal, and how sudden oak

15 death syndrome can best be treated;

16 (4) the Phytophthora fungus has been found

17 on—

18 (A) Rhododendron plants in nurseries in

19 California; and

20 (B) wild huckleberry plants, potentially en21 dangering the commercial blueberry and cran22 berry industries;

23 (5) sudden oak death syndrome threatens to

24 create major economic and environmental problems

25 in California, the Pacific Northwest, and other re26 gions, including—
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1 (A) the increased threat of fire and fallen

2 trees;

3 (B) the cost of tree removal and a reduc4 tion in property values; and

5 (C) loss of revenue due to—

6 (i) restrictions on imports of oak

7 products and nursery stock; and

8 (ii) the impact on the commercial rho9 dodendron, blueberry, and cranberry indus10 tries; and

11 (6) Oregon and Canada have imposed an emer12 gency quarantine on the importation of oak trees,

13 oak products, and certain nursery plants from Cali14 fornia.

15 SEC. 3. RESEARCH, MONITORING, AND TREATMENT OF

16 SUDDEN OAK DEATH SYNDROME.

17 (a) IN GENERAL.—The Secretary of Agriculture (re18 ferred to in this Act as the ‘‘Secretary’’) shall carry out

19 a sudden oak death syndrome research, monitoring, and

20 treatment program to develop methods to control, manage,

21 or eradicate sudden oak death syndrome from oak trees

22 on both public and private land.

23 (b) RESEARCH, MONITORING, AND TREATMENT AC24 TIVITIES.—In carrying out the program under subsection

25 (a), the Secretary may—
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1 (1) conduct open space, roadside, and aerial

2 surveys;

3 (2) provide monitoring technique workshops;

4 (3) develop baseline information on the dis5 tribution, condition, and mortality rates of oaks in

6 California and the Pacific Northwest;

7 (4) maintain a geographic information system

8 database;

9 (5) conduct research activities, including re10 search on forest pathology, Phytophthora ecology,

11 forest insects associated with oak decline, urban for12 estry, arboriculture, forest ecology, fire management,

13 silviculture, landscape ecology, and epidemiology;

14 (6) evaluate the susceptibility of oaks and other

15 vulnerable species throughout the United States; and

16 (7) develop and apply treatments.

17 SEC. 4. MANAGEMENT, REGULATION, AND FIRE PREVEN18 TION.

19 (a) IN GENERAL.—The Secretary shall conduct sud20 den oak death syndrome management, regulation, and fire

21 prevention activities to reduce the threat of fire and fallen

22 trees killed by sudden oak death syndrome.

23 (b) MANAGEMENT, REGULATION, AND FIRE PRE24 VENTION ACTIVITIES.—In carrying out subsection (a), the

25 Secretary may—
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1 (1) conduct hazard tree assessments;

2 (2) provide grants to local units of government

3 for hazard tree removal, disposal and recycling, as4 sessment and management of restoration and miti5 gation projects, green waste treatment facilities, re6 forestation, resistant tree breeding, and exotic weed

7 control;

8 (3) increase and improve firefighting and emer9 gency response capabilities in areas where fire haz10 ard has increased due to oak die-off;

11 (4) treat vegetation to prevent fire, and assess12 ment of fire risk, in areas heavily infected with sud13 den oak death syndrome;

14 (5) conduct national surveys and inspections

15 of—

16 (A) commercial rhododendron and blue17 berry nurseries; and

18 (B) native rhododendron and huckleberry

19 plants;

20 (6) provide for monitoring of oaks and other

21 vulnerable species throughout the United States to

22 ensure early detection; and

23 (7) provide diagnostic services.
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1 SEC. 5. EDUCATION AND OUTREACH.

2 (a) IN GENERAL.—The Secretary shall conduct edu3 cation and outreach activities to make information avail4 able to the public on sudden death oak syndrome.

5 (b) EDUCATION AND OUTREACH ACTIVITIES.—In

6 carrying out subsection (a), the Secretary may—

7 (1) develop and distribute educational materials

8 for homeowners, arborists, urban foresters, park

9 managers, public works personnel, recreationists,

10 nursery workers, landscapers, naturists, firefighting

11 personnel, and other individuals, as the Secretary

12 determines appropriate;

13 (2) design and maintain a website to provide in14 formation on sudden oak death syndrome; and

15 (3) provide financial and technical support to

16 States, local governments, and nonprofit organiza17 tions providing information on sudden oak death

18 syndrome.

19 SEC. 6. SUDDEN OAK DEATH SYNDROME ADVISORY COM20 MITTEE.

21 (a) ESTABLISHMENT.—

22 (1) IN GENERAL.—The Secretary shall establish

23 a Sudden Oak Death Syndrome Advisory Committee

24 (referred to in this section as the ‘‘Committee’’) to

25 assist the Secretary in carrying out this Act.

26 (2) MEMBERSHIP.—
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1 (A) COMPOSITION.—The Committee shall

2 consist of—

3 (i) 1 representative of the Animal and

4 Plant Health Inspection Service, to be ap5 pointed by the Administrator of the Ani6 mal and Plant Health Inspection Service;

7 (ii) 1 representative of the Forest

8 Service, to be appointed by the Chief of the

9 Forest Service;

10 (iii) 2 individuals appointed by the

11 Secretary from each of the States affected

12 by sudden oak death syndrome; and

13 (iv) any individual, to be appointed by

14 the Secretary, in consultation with the

15 Governors of the affected States, that the

16 Secretary determines—

17 (I) has an interest or expertise in

18 sudden oak death syndrome; and

19 (II) would contribute to the Com20 mittee.

21 (B) DATE OF APPOINTMENTS.—The ap22 pointment of a member of the Committee shall

23 be made not later than 90 days after the enact24 ment of this Act.
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1 (3) INITIAL MEETING.—Not later than 30 days

2 after the date on which all members of the Com3 mittee have been appointed, the Committee shall

4 hold the initial meeting of the Committee.

5 (b) DUTIES.—

6 (1) IMPLEMENTATION PLAN.—The Committee

7 shall prepare a comprehensive implementation plan

8 to address the management, control, and eradication

9 of sudden oak death syndrome.

10 (2) REPORTS.—

11 (A) INTERIM REPORT.—Not later than 1

12 year after the date of enactment of this Act, the

13 Committee shall submit to Congress the imple14 mentation plan prepared under paragraph (1).

15 (B) FINAL REPORT.—Not later than 3

16 years after the date of enactment of this Act,

17 the Committee shall submit to Congress a re18 port that contains—

19 (i) a summary of the activities of the

20 Committee;

21 (ii) an accounting of funds received

22 and expended by the Committee; and

23 (iii) findings and recommendations of

24 the Committee.
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated for each of

3 fiscal years 2002 through 2007—

4 (1) to carry out section 3, $7,500,000, of which

5 up to $1,500,000 shall be used for treatment;

6 (2) to carry out section 4, $6,000,000;

7 (3) to carry out section 5, $500,000; and

8 (4) to carry out section 6, $250,000.

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