II 118th CONGRESS 2d Session S. 5289 IN THE SENATE OF THE UNITED STATES September 25, 2024 Mr. McConnell (for himself and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture and the Secretary of the Interior to carry out activities to provide for white oak restoration, and for other purposes.

1. Short title This Act may be cited as the White Oak Resilience Act of 2024 . 2. Definition of land-grant college or university In this Act, the term land-grant college or university means— (1) an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 )); (2) an 1890 Institution (as defined in that section); and (3) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )). 3. White Oak Restoration Initiative Coalition (a) In general There is established the White Oak Restoration Initiative Coalition (referred to in this section as the Coalition )— (1) as a voluntary collaborative group of public, State, private, and nongovernmental organizations to carry out the duties described in subsection (b); and (2) in accordance with the charter entitled White Oak Initiative Coalition Charter adopted by the White Oak Initiative Board of Directors on March 21, 2023 (or a successor charter). (b) Duties In addition to the duties specified in the charter described in subsection (a)(2), the duties of the Coalition are— (1) to coordinate public, State, local, private, and nongovernmental restoration of white oak in the United States; (2) to make program and policy recommendations with respect to— (A) changes necessary to address Federal and State policies that impede activities to improve the health, resiliency, and natural regeneration of white oak; (B) adopting or modifying Federal and State policies to increase the pace and scale of white oak regeneration and resiliency of white oak; (C) options to enhance communication, coordination, and collaboration between forest land owners, particularly for cross-boundary projects, to improve the health, resiliency, and natural regeneration of white oak; (D) research gaps that should be addressed to improve the best available science on white oak; (E) outreach to forest landowners with white oak or white oak regeneration potential; and (F) options and policies necessary to improve the quality and quantity of white oak in tree nurseries; and (3) to submit the report under subsection (c). (c) Report Not later than 2 years after the date of enactment of this Act, the Coalition shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report describing the activities of the Coalition during the period beginning on the date of enactment of this Act, including the recommendations described in subsection (b)(2). (d) Administrative support, technical services, and staff support The Secretary of the Interior and the Secretary of Agriculture shall make such personnel available to the Coalition for administrative support, technical services, and development and dissemination of educational materials as the Secretaries determine to be necessary to carry out this section. (e) Nonapplicability of Federal Advisory Committee Act Chapter 10 of title 5, United States Code, shall not apply to the Coalition. (f) Private funding of white oak restoration projects The Secretary of Agriculture may make available funds to the Coalition to carry out this section from funds in the accounts established pursuant to section 1241(f) of the Food Security Act of 1985 ( 16 U.S.C. 3841(f) ). 4. Forest Service pilot program (a) In general The Secretary of Agriculture, acting through the Chief of the Forest Service, shall establish and carry out 5 pilot projects in national forests to restore white oak in those national forests through white oak restoration and natural regeneration practices. (b) National forests reserved or withdrawn from the public domain At least 3 pilot projects required under subsection (a) shall be carried out in national forests reserved or withdrawn from the public domain. (c) Authority To enter into cooperative agreements The Secretary of Agriculture may enter into cooperative agreements to carry out the pilot projects required under subsection (a). 5. Department of the Interior white oak assessment and pilot projects (a) Definitions In this section: (1) Covered land The term covered land means land under the administrative jurisdiction of the Secretary, including a unit of the National Wildlife Refuge System and abandoned mine land. (2) Secretary The term Secretary means the Secretary of the Interior. (b) Assessment (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall carry out an assessment of covered land to evaluate— (A) whether white oak is present on the covered land; and (B) the potential to restore white oak forests on the covered land. (2) Use of information In carrying out the assessment under paragraph (1), the Secretary may use information from sources other than the Department of the Interior, including information from— (A) the White Oak Restoration Initiative Coalition established by section 3(a); and (B) the Chief of the Forest Service. (3) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and make publicly available on the website of the Department of the Interior, a report describing the results of the assessment carried out under paragraph (1). (c) Pilot projects (1) In general As soon as practicable after the date on which the Secretary submits the report required under subsection (b)(3), the Secretary shall establish and carry out 5 pilot projects on various areas of covered land, the purpose of which is to restore and naturally regenerate white oak. (2) Authority to enter into cooperative agreements The Secretary may enter into cooperative agreements to carry out the pilot projects required under paragraph (1). 6. White oak regeneration and upland oak habitat (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the Secretary ) shall establish a nonregulatory program to be known as the White Oak and Upland Oak Habitat Regeneration Program (referred to in this section as the Program ). (b) Duties In carrying out the Program, the Secretary shall— (1) draw upon the best available science and management plans for species of white oak to identify, prioritize, and implement restoration and conservation activities that will improve the growth of white oak within the United States; (2) collaborate and coordinate with the White Oak Restoration Initiative Coalition to prioritize white oak restoration initiatives; (3) adopt a white oak restoration strategy that— (A) supports the implementation of a shared set of science-based restoration and conservation activities developed in accordance with paragraph (1); (B) targets cost-effective projects with measurable results; and (C) maximizes restoration outcomes with no net gain of Federal full-time equivalent employees; and (4) establish the voluntary grant and technical assistance program in accordance with subsection (e). (c) Coordination In establishing the Program, the Secretary, acting through the Chief of the Forest Service, shall consult with— (1) the heads of Federal agencies, including— (A) the Director of the United States Fish and Wildlife Service; and (B) the Chief of the Natural Resources Conservation Service; and (2) the Governor of each State in which restoration efforts will be carried out pursuant to the Program. (d) Purposes The purposes of the Program include— (1) coordinating restoration and conservation activities among Federal, State, local, and Tribal entities and conservation partners to address white oak restoration priorities; (2) improving and regenerating white oak and upland oak forests and the wildlife habitat such forests provide; (3) carrying out coordinated restoration and conservation activities that lead to the increased growth of species of white oak in native white oak regions on Federal, State, Tribal, and private land; (4) facilitating strategic planning to maximize the resilience of white oak systems and habitats under changing climate conditions; (5) engaging the public through outreach, education, and citizen involvement to increase capacity and support for coordinated restoration and conservation activities for species of white oak; and (6) increasing scientific capacity to support the planning, monitoring, and research activities necessary to carry out such coordinated restoration and conservation activities. (e) Grants and assistance (1) In general To the extent that funds are available to carry out this section, the Secretary shall establish a voluntary grant and technical assistance program (referred to in this subsection as the grant program ) to achieve the purposes of the Program described in subsection (d). (2) Administration (A) In general The Secretary shall enter into a cooperative agreement with the National Fish and Wildlife Foundation (referred to in this subsection as the Foundation ) to manage and administer the grant program. (B) Funding After the Secretary enters into a cooperative agreement with the Foundation under subparagraph (A), the Foundation shall— (i) for each fiscal year, receive amounts to carry out this subsection in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; (ii) invest and reinvest such amounts for the benefit of the grant program; and (iii) otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this section. (3) Application of National Fish and Wildlife Foundation Establishment Act Amounts received by the Foundation to carry out the grant program shall be subject to the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701 et seq. ), excluding section 10(a) of that Act ( 16 U.S.C. 3709(a) ). 7. White oak tree nursery shortages (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall develop and implement a national strategy to increase the capacity of Federal, State, Tribal, and private tree nurseries to address the nationwide shortage of white oak tree seedlings. (b) Elements The strategy required under subsection (a) shall— (1) be based on the best available science and data, as established by land-grant colleges and universities that have demonstrated— (A) scientific expertise relating to white oak; (B) the ability to rapidly transfer technologies to the stave industry; (C) geographic proximity to concentrated areas of white oak; and (D) support for regional economic development; and (2) identify and address— (A) regional shortages of bareroot and container white oak tree seedlings; (B) regional white oak reforestation opportunities and the seedling supply necessary to fulfill those opportunities; (C) opportunities to enhance white oak seedling diversity and close gaps in seed inventories; and (D) barriers to expanding, enhancing, or creating new infrastructure to increase nursery capacity for white oak tree seedlings. 8. White oak research (a) Research The Secretary of Agriculture, acting through the Chief of the Forest Service, shall enter into a memorandum of understanding with a land-grant college or university to conduct research on— (1) white oak genes with resistance and stress tolerance; (2) white oak trees that exhibit vigor for the purpose of increasing survival and growth; (3) establishing a diverse white oak seed bank capable of responding to stressors; (4) providing a sustainable supply of white oak seedlings and genetic resources; (5) reforestation of white oak through natural and artificial regeneration; and (6) the best methods for white oak reforestation on abandoned mine land sites. (b) Consultation In carrying out the research under subsection (a), the land-grant college or university may consult with such States, nonprofit organizations, institutions of higher education, and other scientific bodies as the land-grant college or university determines to be appropriate. 9. National Institute of Food and Agriculture (a) Partnerships (1) In general The Secretary of Agriculture, acting through the Director of the National Institute of Food and Agriculture, shall enter into a partnership with an eligible entity described in paragraph (2) to conduct research on improving white oak species resiliency, health, and preservation, including research on— (A) population-scale sequencing; (B) stress response traits; (C) seedling physiology and performance; and (D) white oak product development. (2) Eligible entity An eligible entity referred to in paragraph (1) is a land-grant college or university that has demonstrated— (A) scientific expertise relating to white oak; (B) the ability to rapidly transfer technologies to the stave industry; (C) geographic proximity to concentrated areas of white oak; and (D) support for regional economic development. (b) Priorities The Secretary of Agriculture, acting through the Director of the National Institute of Food and Agriculture, shall prioritize research relating to the resistance of white oak to disease, pest, heat, and drought in cultivated, new, and old-growth white oak timber stands. 10. Natural Resources Conservation Service initiative The Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service, shall establish an initiative on white oak— (1) to re-establish white oak forests where appropriate; (2) to improve the management of existing white oak forests to foster natural regeneration of white oak; and (3) to provide technical assistance to private landowners to re-establish, improve management of, and naturally regenerate white oak. 11. Authorities To the maximum extent practicable, to carry out activities under this Act and the amendments made by this Act, the Secretary of the Interior and the Secretary of Agriculture shall use the authorities provided under this Act and those amendments, in combination with authorities under other provisions of law, including— (1) good neighbor agreements under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); and (2) stewardship contracting projects under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ).