[Congressional Record Volume 150, Number 89 (Thursday, June 24, 2004)]
[Senate]
[Pages S7442-S7443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself and Mr. Smith):
  S. 2575. 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 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; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mrs. BOXER. Mr. President, I am introducing today with my colleague, 
Senator Gordon Smith, a bill that addresses an ecological crisis in 
California and Oregon that quite literally threatens to change the face 
of our States, as well as others. The 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 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. The loss of trees is 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. Dead oak trees near homes significantly increase fire hazards, 
so residents who built their homes around or among oak trees are in 
particular danger.
  Yet, the spread of the fungus-like pathogen that causes SODS is not 
limited to oak trees. It has also been found on rhododendron plants in 
California nurseries, bay trees, wild huckleberry plants and other 
nursery stock and small fruit trees. Due to genetic similaries, this 
pathogen potentially endangers Red and Pin oak trees on the East Coast, 
as well as the Northeast's lucrative commercial blueberry and cranberry 
industries.
  SODS has already had serious economic and environmental impacts. 
After the initial discovery of the Sudden Oak Death, the U.S. 
Department of Agriculture (USDA) imposed a quarantine on oak products 
and some nursery stock in 10 counties in Northern California and Curry 
County, Oregon. Subsequently, two other counties in Northern California 
were also put under quarantine. The discovery of the pathogen that 
causes SODS in two Southern California nurseries in March 2004 led the 
USDA to impose restrictions on the interstate movement of host and 
potential host plants--as well as plants within 10 meters of these 
plants--from all nurseries in California. To date, 17 States and Canada 
have placed their own restrictions on the importation of California's 
nursery stock, and some States have banned plants from California 
altogether.
  If left unchecked, SODS could cause major damage to our commercial 
nurseries, as well the health, productivity and biodiversity of our 
forests. California is the nursery industry's lead producer of 
horticultural plants, valued at $2 billion a year. The State's oak 
woodlands provide shelter, habitat, and food to over 300 wildlife 
species. They also reduce soil erosion and help moderate extremes in 
temperature. Not only does SODS put all these benefits at risk, but 
dead and infected trees from this disease increase the threat of 
wildfire, threatening our communities.
  More needs to be known about the pathogen that causes SODS. 
Scientists are struggling to better understand SODS, how the disease is 
transmitted, and what the best treatment options might be. In 2000, the 
U.S. Forest Service, the University of California, the State 
Departments of Forestry and Fire Protection, and County Agricultural 
Commissioners created an Oak Mortality Task Force to help coordinate 
research, management, monitoring, education, and public policies aimed 
at addressing SODS. Although we have learned a great deal about SODS 
since the, adequate Federal support is needed if we are to stop the 
spread of this disease before it is too late.
  That is why I am introducing the Sudden Oak Death Syndrome Control 
Act of 2004, which is based on legislation I introduced in 2001 and 
which passed the Senate in 2002. The Sudden Oak Death Syndrome Control 
Act of 2004 would authorize $44.2 million annually over the next five 
years for creation of a Sudden Oak Death research and monitoring 
program, management and treatment activities, fire prevention 
activities, and education and outreach. The bill would also provide 
funding for a comprehensive national survey of the fungus-like pathogen 
that causes SODS and a risk assessment of the threat posed by this 
pathogen to natural and managed plant resources. 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 American Nursery & Landscape 
Association, the California Association of Nurseries and Garden 
Centers, the Nursery Growers Association of California, the state, 
local and private members of the California Oak Mortality Task Force, 
and the Marin County Board of Supervisors.
  I thank Senator Smith for working with me on this bill and for 
joining me in introducing it. I urge my colleagues to join us in this 
effort to help ensure the protection of our nation's commercial nursery 
industry and precious woodlands.
  I ask unanimous consent that letters from these organizations be 
printed in the Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                      American Nursery & Landscape


                                                  Association,

                                    Washington, DC, June 23, 2004.
     Hon. Gordon Smith,
     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senators Boxer and Smith: The American Nursery & 
     Landscape Association is the national trade organization 
     representing nursery growers, landscape professionals, and 
     retail garden centers in the U.S. On behalf of our industry 
     of small and family businesses, we wish to thank you for your 
     work to prepare and introduce legislation to address the 
     current and expected challenges associated with the serious 
     plant pathogen Phytophthora ramorum.
       As you well know, the potential risks posed by P. ramorum 
     to American forests, landscape, nurseries, and other 
     agricultural producers necessitate strong federal leadership 
     in such areas as survey and detection, risk mitigation, and 
     research. Your legislative efforts will help to ensure the 
     focus and

[[Page S7443]]

     funding necessary for a cohesive federal and state 
     cooperative response.
       We would like to commend the performance of your staff 
     contacts, Laura Cimo and Matt Hill. Both have been 
     professional, accessible, and open to suggestions toward 
     improving the legislative language in preparation for its 
     introduction.
       ANLA is pleased to support your impending legislation, as a 
     critical step toward solving the P. ramorum crisis. Please 
     let us know how ANLA can be of further assistance.
           Sincerely,
                                             Craig J. Regelbrugge,
     Senior Director of Government Relations.
                                  ____

                                         California Association of


                                 Nurseries and Garden Centers,

                                             Sacramento, CA 95834.
     Re Sudden Oak Death Syndrome Control Act of 2004.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: We thank you for all of your efforts on 
     the issue of Sudden Oak Death and especially your 
     legislation, the Sudden Oak Death Syndrome Control Act of 
     2004, which we strongly endorse and support.
       As you well know, many states closed their borders to all 
     nursery plants in California after Sudden Oak Death was 
     discovered in a southern California nursery. These blockades 
     have included all plants, even those without the ability to 
     transmit the pathogen, and they have included nurseries that 
     the U.S. Department of agriculture has certified are free of 
     Sudden Oak Death.
       Quite clearly, there is much that needs to be learned about 
     Sudden Oak Death so that regulations are based on risk and 
     not on fear. Your much-needed legislation will improve both 
     the research into the pathogen, its role relating to Sudden 
     Oak Death, and the management and treatment of the disease. 
     Significantly, your legislation will compel a ``comprehensive 
     and biologically sound national survey.'' Only by such a 
     rigorous survey can policymakers understand the risk posed by 
     the pathogen. After all, states that have barred California 
     nursery plants may already harbor Sudden Oak Death but 
     without a national survey they have every incentive to avoid 
     even looking for the pathogen.
       Again, thank you for drafting this important legislation.
           Very truly yours,
                                               Robert H. Falconer,
     Executive Vice President.
                                  ____

                                          California Oak Mortality


                                                   Task Force,

                                   Sacramento, CA, June 24, 20004.
     Re Sudden Oak Death Syndrome Control Act of 2004.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: The California Oak Mortality Task Force 
     applauds your efforts to secure federal funding for research, 
     monitoring, regulations, management and educational 
     activities necessitated by Sudden Oak Death (Phytophthora 
     ramorum). Resources are urgently needed to address this 
     aggressive exotic pathogen in California and Oregon and 
     protect other parts of the United States and other countries 
     from becoming infested.
       The California Oak Mortality Task Force represents over 75 
     organizations cooperating to limit the spread of the pathogen 
     that causes Sudden Oak Death, a disease that has killed tens 
     of thousands of tanoak, coast live oak, and black oak in 
     coastal California. The pathogen also infects rhododendron, 
     camellia and huckleberry, important nursery and agricultural 
     plants.
       There is much that urgently needs to be done to prevent 
     further damage and protect commerce and natural resources. 
     Some of the highest priorities:
       Research to understand how the pathogen spreads, assess the 
     potential for ecological, horticultural and agricultural 
     damage, and improve diagnostic tools and treatments
       Regulation enforcement to limit pathogen spread via 
     commodities
       Management that includes eradication protocols for new 
     areas, fire prevention treatments for high risk areas, and 
     diagnostic services
       Monitoring/surveys to determine extent of damage, 
     distribution and spread
       Educatioal programs for professionals, land managers and 
     homeowners to recognize the problem and determine what can be 
     done about it, including Information and explanation of 
     quarantine measures.
       The state, local, and private members of the task force 
     support your efforts to address Sudden Oak Death and protect 
     the oak woodlands of the United States. Please contact Lucia 
     Briggs, Coordinator of the CA Oak Mortality Task Force 
     ([email protected]) if we can assist you.
           Sincerely,

                                              Mark R. Stanley,

                                       Chairperson, California Oak
     Mortality Task Force.
                                  ____

                                          The Board of Supervisors


                                              of Marin County,

                                    San Rafael, CA, June 16, 2004.
     Re ``Sudden Oak Death Syndrome Control Act of 2004''--
         SUPPORT.

     Hon. Barbara Boxer,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Boxer: As President of the Marin County 
     California Board of Supervisors, I write to indicate our 
     strong support of your efforts with regard to the ``Sudden 
     Oak Death Syndrome Control Act of 2004,'' which would 
     authorize $44.2 million for FY2005 through FY2009, as 
     compared to the $14.25 million already authorized for FY2003 
     through FY2007.
       The legislation addresses the ever expanding need for 
     resources for local, state and federal agencies to deal with 
     the economic, environmental and policy impacts created by the 
     infestation of this devastating plant disease. Marin County 
     has lost tens of thousands of trees and has been at the 
     center of this problem for several years as one of the 
     original 12 California Counties placed under state and 
     federal quarantine.
       The recent documentation of Sudden Oak Death (SOD) 
     infestation in commercial nurseries in Southern California 
     has elevated the problem. The transmission of the disease 
     across state lines, carried on nursery stock, to a number of 
     states in the southern and eastern United States has 
     triggered multiple state SOD quarantines against California 
     and created enforcement and communication problems 
     nationwide.
       Funding increases proposed in the bill would provide much 
     needed improvements in communication and intergovernmental 
     coordination between USDA, APHIS, State Plant Quarantine 
     Officials, California Agricultural Commissioners and Nursery 
     Sock Producers. It would fund a national risk assessment to 
     determine the possible biological and economic impacts of the 
     disease. The bill would also address the need to strengthen 
     domestic quarantine inspections to determine if the disease 
     may be moving into the United States on nursery stock 
     originating from Europe.
       The Marin County Board of Supervisors strongly supports 
     your proposed ``Sudden Oak Death Syndrome Control Act of 
     2004'' and thank you for your continued support in dealing 
     with this critical issue.
           Sincerely,
                                                     Steve Kinsey,
                                                        President.
                                 ______