[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 997 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                 S. 997

_______________________________________________________________________

                                 AN ACT


 
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.

    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 2002''.

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 
        Phytophthora fungus, is approaching epidemic proportions;
            (3) very little is known about the new species of 
        Phytophthora, and scientists are struggling to understand the 
        causes of sudden oak death syndrome, the methods of 
        transmittal, and how sudden oak death syndrome can best be 
        treated;
            (4) the Phytophthora fungus has been found on--
                    (A) Rhododendron plants in nurseries in California; 
                and
                    (B) wild huckleberry plants, potentially 
                endangering the commercial blueberry and cranberry 
                industries;
            (5) 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 imports of oak products 
                        and nursery stock; and
                            (ii) the impact on the commercial 
                        rhododendron, blueberry, and cranberry 
                        industries; and
            (6) Oregon and Canada have imposed an emergency quarantine 
        on the importation of oak trees, oak products, and certain 
        nursery plants from California.

SEC. 3. RESEARCH, MONITORING, AND TREATMENT 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 treatment program to develop methods to 
control, manage, or eradicate sudden oak death syndrome from oak trees 
on both public and private land.
    (b) Research, Monitoring, and Treatment 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;
            (3) develop baseline information on the distribution, 
        condition, and mortality rates of oaks in California and the 
        Pacific Northwest;
            (4) maintain a geographic information system database;
            (5) conduct research activities, including research on 
        forest pathology, Phytophthora ecology, forest insects 
        associated with oak decline, urban forestry, arboriculture, 
        forest ecology, fire management, silviculture, landscape 
        ecology, and epidemiology;
            (6) evaluate the susceptibility of oaks and other 
        vulnerable species throughout the United States; and
            (7) develop and apply treatments.

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

    (a) In General.--The Secretary shall conduct sudden oak death 
syndrome management, regulation, and fire prevention activities to 
reduce the threat of fire and fallen trees killed by sudden oak death 
syndrome.
    (b) Management, Regulation, and Fire Prevention Activities.--In 
carrying out subsection (a), the Secretary may--
            (1) conduct hazard tree assessments;
            (2) 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, resistant tree breeding, and exotic 
        weed control;
            (3) increase and improve firefighting and emergency 
        response capabilities in areas where fire hazard has increased 
        due to oak die-off;
            (4) treat vegetation to prevent fire, and assessment of 
        fire risk, in areas heavily infected with sudden oak death 
        syndrome;
            (5) conduct national surveys and inspections of--
                    (A) commercial rhododendron and blueberry 
                nurseries; and
                    (B) native rhododendron and huckleberry plants;
            (6) provide for monitoring of oaks and other vulnerable 
        species throughout the United States to ensure early detection; 
        and
            (7) provide diagnostic services.

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. SUDDEN OAK DEATH SYNDROME ADVISORY COMMITTEE.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish a Sudden Oak 
        Death Syndrome Advisory Committee (referred to in this section 
        as the ``Committee'') to assist the Secretary in carrying out 
        this Act.
            (2) Membership.--
                    (A) Composition.--The Committee shall consist of--
                            (i) 1 representative of the Animal and 
                        Plant Health Inspection Service, to be 
                        appointed by the Administrator of the Animal 
                        and Plant Health Inspection Service;
                            (ii) 1 representative of the Forest 
                        Service, to be appointed by the Chief of the 
                        Forest Service;
                            (iii) 2 individuals appointed by the 
                        Secretary from each of the States affected by 
                        sudden oak death syndrome; and
                            (iv) any individual, to be appointed by the 
                        Secretary, in consultation with the Governors 
                        of the affected States, that the Secretary 
                        determines--
                                    (I) has an interest or expertise in 
                                sudden oak death syndrome; and
                                    (II) would contribute to the 
                                Committee.
                    (B) Date of appointments.--The appointment of a 
                member of the Committee shall be made not later than 90 
                days after the enactment of this Act.
            (3) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Committee have been appointed, the 
        Committee shall hold the initial meeting of the Committee.
    (b) Duties.--
            (1) Implementation plan.--The Committee shall prepare a 
        comprehensive implementation plan to address the management, 
        control, and eradication of sudden oak death syndrome.
            (2) Reports.--
                    (A) Interim report.--Not later than 1 year after 
                the date of enactment of this Act, the Committee shall 
                submit to Congress the implementation plan prepared 
                under paragraph (1).
                    (B) Final report.--Not later than 3 years after the 
                date of enactment of this Act, the Committee shall 
                submit to Congress a report that contains--
                            (i) a summary of the activities of the 
                        Committee;
                            (ii) an accounting of funds received and 
                        expended by the Committee; and
                            (iii) findings and recommendations of the 
                        Committee.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each of fiscal years 
2002 through 2007--
            (1) to carry out section 3, $7,500,000, of which up to 
        $1,500,000 shall be used for treatment;
            (2) to carry out section 4, $6,000,000;
            (3) to carry out section 5, $500,000; and
            (4) to carry out section 6, $250,000.

            Passed the Senate July 10, 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                 S. 997

_______________________________________________________________________

                                 AN ACT

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.