[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2575 Engrossed in Senate (ES)]
108th CONGRESS
2d Session
S. 2575
_______________________________________________________________________
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 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.
Passed the Senate December 8, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 2575
_______________________________________________________________________
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 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.