[Congressional Record Volume 150, Number 139 (Wednesday, December 8, 2004)]
[Senate]
[Pages S12026-S12027]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             SUDDEN OAK DEATH SYNDROME CONTROL ACT OF 2004

  Mr. FRIST. Mr. President, I ask unanimous consent that the 
Agriculture Committee be discharged from further consideration of S. 
2575 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2575) 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.

  There being no objection, the Senate proceeded to consider the bill.

[[Page S12027]]

  Mr. FRIST. I ask unanimous consent that the bill be read a third time 
and passed, the motion to reconsider be laid upon the table, with no 
intervening action or debate, and that any statements relating to the 
bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2575) was read the third time and passed, as follows:

                                S. 2575

       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.

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