[Congressional Record Volume 147, Number 78 (Thursday, June 7, 2001)]
[Senate]
[Pages S5976-S5977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER:
  S. 997. 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; to the Committee on Agriculture, 
Nutrition, and Forestry.
  Mrs. BOXER. Mr. President, I am introducing today a bill that 
addresses an emerging ecological crisis in California that quite 
literally threatens to change the face of my State, and perhaps others.
  California's beloved oak trees are in grave peril. Thousands of black 
oak, coastal live oak, tan and Shreve's oak trees, among the most 
familiar and best loved features of California's landscape are dying 
from a newly discovered disease known as Sudden Oak Death Syndrome, 
SODS.
  Caused by an exotic species of the Phytophthora fungus, the fungus 
responsible for the Irish potato famine, SODS first struck a small 
number of tan oaks in Marin County in 1995. Now the disease has spread 
to other oak species from Big Sur in the south to Humboldt County in 
the north. In Marin, Monterey and Santa Cruz counties, desperate local 
officials are predicting oak mortality rates of 70 to 90 percent unless 
the deadly fungus is eradicated or its spread is arrested.
  The loss of trees is fast approaching epidemic proportions, with tens 
of thousands of dead trees appearing in thousands of acres of forests, 
parks, and gardens. As the trees die, enormous expanses of forest, some 
adjacent to residential areas, are subject to extreme fire hazards. 
Residents who built their homes around or among oak trees are in 
particular danger.
  Sudden Oak Death Syndrome is already having serious economic and 
environmental impacts. Both Oregon and Canada have imposed quarantines 
on the importation of oak products and some nursery stock from 
California. According to the U.S. Forest Service, removal of dead trees 
can cost $2,000 or more apiece, and loss of oaks can reduce property 
values by 3 percent or more. In Marin County alone, tree removal and 
additional fire fighting needs are expected to cost over $6 million.
  Nor is the spread of the Phytophthora fungus limited to oak trees. 
The fungus has also been found on rhododendron plants in California 
nurseries, on bay and madrone trees, and on wild huckleberry plants. 
Due to genetic similarities, this fungus potentially endangers Red and 
Pin oak trees on the East coast as well as the Northeast's lucrative 
commercial blueberry and cranberry industries.
  If left unchecked, SODS could also cause a broad and severe 
ecological crisis, with major damage to biodiversity, wildlife habitat, 
water supplies, forest productivity, and hillside stability. 
California's oak woodlands provide shelter, habitat and food to over 
300 wildlife species. They reduce soil erosion. They help moderate 
extremes in temperature. And, they aid with nutrient cycling, which 
ensures that organic matter is broken down and made available for use 
by other living organisms.
  Very little is known about this new species of Phytophthora fungus. 
Scientists are struggling to better understand Sudden Oak Death 
Syndrome, how the disease is transmitted, and what the best treatment 
options might be. The U.S. Forest Service, the University of 
California, the State Departments of Forestry and Fire Protection, and 
County Agricultural Commissioners have created an Oak Mortality Task 
Force in an attempt to half SODS's frightening march across California 
and into adjoining states.
  The Task Force has established a series of objectives leading to the 
elimination of SODS, but very little can be accomplished without 
adequate support for ongoing research, monitoring, treatment and 
education.
  In September of last year, I called on the Department of Agriculture, 
USDA, to provide financial assistance and to create its own task force 
to work with California's Oak Mortality Task Force. Outgoing 
Agriculture Secretary Dan Glickman answered the call by releasing $2.1 
million in emergency funding and establishing a top-flight task force 
under the direction of USDA's Animal and Plant Health Inspection 
Service, APHIS. This was a good first step, but it was just that.
  That is why I am introducing today the Sudden Oak Death Syndrome 
Control Act of 2001. This legislation would authorize over $14 million 
each year for the next five years in critically needed funding to fight 
the SODS epidemic. Combined with the efforts of state and local 
officials, this legislation will help to prevent the dire predictions 
from becoming a terrible reality.
  This bill is endorsed by the California Oak Mortality Task Force, the 
Marin County Board of Supervisors, the Trust for Public Land, 
California Releaf, and the International Society of Arboriculturists, 
Western Chapter.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 997

       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 2001''.

     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.

[[Page S5977]]

     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.
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