[Congressional Record (Bound Edition), Volume 150 (2004), Part 15]
[House]
[Pages 20843-20845]
[From the U.S. Government Publishing Office, www.gpo.gov]




 PROVIDING FOR NATIONAL PLAN FOR CONTROL AND MANAGEMENT OF SUDDEN OAK 
                                 DEATH

  Mr. HAYES. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4569) to provide for the development of a national plan for the 
control and management of Sudden Oak Death, a tree disease caused by 
the fungus-like pathogen Phytophthora ramorum, and for other purposes.
  The Clerk read as follows:

                               H.R. 4569

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. NATIONAL PLAN FOR CONTROL AND MANAGEMENT OF SUDDEN 
                   OAK DEATH.

       (a) Development of National Plan.--Subject to the 
     availability of appropriated funds for this purpose, the 
     Secretary of Agriculture, acting through the Animal Plant and 
     Health Inspection Service, shall develop a national plan for 
     the control and management of Sudden Oak Death, a forest 
     disease caused by the fungus-like pathogen Phytophthora 
     ramorum.
       (b) Plan Elements.--In developing the plan, the Secretary 
     shall specifically address the following:
       (1) Information derived by the Department of Agriculture 
     from ongoing efforts to identify hosts of Phytophthora 
     ramorum and survey the extent to which Sudden Oak Death 
     exists in the United States.
       (2) Past and current efforts to understand the risk posed 
     by Phytophthora ramorum and the results of control and 
     management efforts regarding Sudden Oak Death, including 
     efforts related to research, control, quarantine, and 
     hazardous fuel reduction.
       (3) Such future efforts as the Secretary considers 
     necessary to control and manage Sudden Oak Death, including 
     cost estimates for the implementation of such efforts.
       (c) Consultation.--The Secretary shall develop the plan in 
     consultation with other Federal agencies that have 
     appropriate expertise regarding the control and management of 
     Sudden Oak Death.
       (d) Implementation of Plan.--The Secretary shall complete 
     the plan and commence implementation as soon as practicable 
     after the date on which funds are first appropriated pursuant 
     to the authorization of appropriations in subsection (e) to 
     carry out this section.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to carry out this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Hayes) and the gentleman from Iowa (Mr. Boswell) 
each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Hayes).
  Mr. HAYES. Mr. Speaker, I yield myself such time as I may consume.
  Since Sudden Oak Death syndrome was first detected in California in 
1995, the disease has killed tens of thousands of oaks and tanoaks in 
12 coastal California counties and affected shrubs and trees in small 
areas of Curry County, Oregon, and King County, Washington. In 
addition, isolated cases of the European mating type of SOD have been 
found in Washington, Oregon, and British Columbia.
  Sixty plant species are known to be hosts or associated hosts of the 
pathogen responsible. There are no chemical

[[Page 20844]]

treatments currently available to eliminate the disease in nursery 
stock.

                              {time}  1730

  Following confirmation of a discovery of the SOD pathogen in March at 
Monrovia Nurseries in Los Angeles County, California, USDA's APHIS 
plant protection and quarantine staff have been working with other 
Federal and State authorities to address the situation. APHIS mobilized 
its rapid response teams, and the California Department of Food and 
Agriculture placed hold orders on all shipments of host plant materials 
from confirmed positive facilities. Likewise, the Forest Service is 
coordinating with APHIS, spending $1.3 million this fiscal year to 
monitor areas near confirmed infestations to see if the pathogen is 
spreading from nurseries to forests.
  Despite the efforts of USDA and State agriculture departments, by the 
end of April, positive cases had been confirmed in nurseries from at 
least 10 States. As of September 29, 2004, the total number of 
confirmed positive locales from the trace forward, national and other 
survey finds was 160 in 21 States, including Alabama, three; Arkansas, 
one; Arizona, one; California, 53; Colorado, one; Florida, six; 
Georgia, 18; Louisiana, five; Maryland, two; North Carolina, nine; and 
so on.
  I am concerned about the potentially devastating impact of SOD on 
eastern hardwood forests and support all efforts at improving planning 
and coordination of our control and management programs. The 
legislation introduced by the gentleman from Georgia (Mr. Burns) and 19 
other Members is an attempt to refocus efforts at controlling and 
managing outbreaks of SOD. In particular, the bill authorizes 
appropriations for development of a national strategy for sudden oak 
death syndrome.
  I would urge all Members to support the legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOSWELL. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 4569, a bill to provide for the 
development of a national plan for control of sudden oak death, a 
disease that has threatened oak stands in California but is now 
potentially a threat to trees in other parts of the country. While we 
work to contain this disease, it is important that the necessary 
commerce in oak nursery stock be permitted to continue within 
reasonable bounds. This bill should help advance both of these 
important goals.
  Our success in this matter is important to all Americans. Whether you 
are in the forest land business or just enjoy the shade of a majestic 
oak gracing your lawn, we all have an interest in this important issue. 
I want to commend my colleagues from Georgia (Mr. Burns) and (Mr. 
Scott) in particular, for their work in bringing this legislation 
before us today. I encourage all Members to vote for the passage of 
this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HAYES. Mr. Speaker, I yield 5 minutes to the gentleman from 
Georgia (Mr. Burns) who has been very active in this matter from the 
beginning.
  Mr. BURNS. Mr. Speaker, I thank the gentleman for yielding me this 
time. I thank the chairman and the ranking member of the Committee on 
Agriculture for moving this rapidly through the committee and to the 
floor of the House.
  Mr. Speaker, I rise today in support of H.R. 4569 in an effort to 
stop a nationwide tree epidemic before it further infects America's 
forest and horticultural industry. Mr. Speaker, my distinguished 
colleague from Georgia (Mr. Scott) and I introduced this legislation 
because we recognize the similarities of what could result if sudden 
oak death disease continues to spread across the Nation in a similar 
fashion to that of the Dutch elm disease which devastated American 
forests and cities in the 1930s.
  The bill would expand the U.S. Department of Agriculture's endeavors 
to halt the spread of the oak-destroying fungus Phytophthora ramorum 
and its harmful effect on America's oaks. Phytophthora ramorum invades 
susceptible trees through the bark, killing portions of the tree, 
creating an ideal environment for insects and other fungi to invade. 
Although primarily a west coast disease today, the sudden oak death 
disease has infected nurseries all across the United States and has 
recently made its way to Georgia through the sale of plants in the 
nursery industry killing over 100,000 oaks in the process, putting 
businesses in danger of closing and millions of trees at risk.
  Our Nation's oak woodlands, urban forests, agricultural forestry and 
horticultural industries are all in jeopardy. The sudden oak death 
disease now affecting several States across our country has everyone 
waiting for something to be done to address this potentially disastrous 
problem. Sudden oak death negatively affects ecosystem functions, 
increases fire and safety hazards, and reduces property values in 
developed areas.
  Over 7 million people lived where the initial outbreak occurred in 
the urban/wildland interface of central and coastal California. 
Neighborhoods were transformed within months. Dead trees surrounded 
communities where green trees formerly thrived. Communities were 
overwhelmed as residential yards, parks, open space and recreation 
areas were irreparably altered and in need of costly removal of 
thousands of hazardous trees.
  The U.S. ornamental industry is valued at over $13 billion in annual 
sales, the third largest crop value in America. Georgia produces over 
$601 million in sales annually, and in my district alone, the 12th 
District of Georgia, we have $66 million in ornamental horticulture 
sales. Our nursery and horticultural interstate trade, international 
export markets, lumber companies and gardeners all will suffer a 
traumatic loss if we do not take action to prevent the spread of the 
sudden oak death disease.
  We have seen the early stages of the sudden oak death disease and its 
capability of spreading far and wide. If we fail to stop this threat to 
our oak trees, the similar type of disease that caused catastrophic 
damage among Dutch elms over decades ago, the Dutch elm disease, will 
seem pale by comparison. Mr. Speaker, H.R. 4569 is bipartisan 
legislation that takes the necessary steps to combat this threat. We 
need our Secretary of Agriculture to immediately develop a plan to 
manage this disease that is rapidly spreading across our Nation.
  I urge my colleagues to vote ``yes'' to protect our 21st century 
forests and our horticulture industry from the kind of devastation that 
we experienced in the 1930s with Dutch elm disease.
  Mr. BOSWELL. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Speaker, I stand here because sudden oak death was 
first found in Marin County in my district in 1995. Since then, I have 
been working to control and contain this devastating disease, and I 
have been working with the gentleman from California (Mr. Thompson) as 
well because it is happening in our contiguous districts. It is good 
that we are here today to vote on this bipartisan bill, and it is 
something that I have been working on to get control over. But I am 
saddened that it has taken the spread of this disease to receive 
national interest.
  Slowly but surely, as sudden oak death has spread through other 
communities, the Nation has come to understand the devastation that it 
causes and its need to be stopped. Sudden oak death is catching 
national attention as it has appeared for the first time in nurseries 
in southern California and nurseries in Oregon, and there is some 
serious concern that SOD has even spread to the southeastern part of 
the country. Nurseries in California are struggling with the 
quarantines that have been put in place on their plants in Canada and 
the State of Kentucky. In fact, quarantines of nurseries in Washington 
and Oregon are being considered at this very time.
  But more tragic than that is what actually happens to the beautiful 
trees in an area that is affected by SOD and the resulting fire risks. 
It just brings tears to your eyes when you see these groups of trees 
disappearing.

[[Page 20845]]

  Mr. Speaker, I ask that my colleagues join me in supporting this 
bill, H.R. 4569, to contain sudden oak death before it affects the 
entire country. Please do not wait until sudden oak death spreads to 
your community before you recognize the severity of this problem. I 
urge my colleagues to join all of us here today and vote for this 
important legislation.
  Mr. THOMAS. Mr. Speaker, I rise today in strong support of H.R. 4569, 
which would require the Secretary of the United States Department of 
Agriculture to develop a plan to control and manage Sudden Oak Death 
(SOD). Sudden Oak Death is an issue of significant concern to my 
constituents who live in San Luis Obispo County, and I thank Mr. Burns 
and Chairman Goodlatte for working with me to develop this legislation.
  Oaks are a significant part of California's culture, and San Luis 
Obispo County is famous for its beautiful oak trees, particularly those 
along U.S. Highway 101. In fact, ``El Paso de Robles,'' which is the 
name of one of the cities located in the northern portion of the 
County, is literally translated ``the pass of the oaks.'' It also 
should be noted that oak trees provide pleasant vistas that encourage 
tourism, which is an important component of the California and San Luis 
Obispo County economies.
  Unfortunately, oak trees are susceptible to a disease known as Sudden 
Oak Death, which is caused by the fungus-like pathogen Phytophthora 
ramorum, and for which there is currently no known cure or treatment. 
Rather, the standard regulatory practice is to quarantine the infected 
woodland area to reduce the likelihood of its further dispersal. 
However, quarantine efforts are not always effective because the 
disease is difficult to contain. Thus, while San Luis Obispo County is 
not among the thirteen California counties that are subject to such 
quarantines, I am interested in efforts to contain and combat Sudden 
Oak Death in order to ensure that Sudden Oak Death does not become 
established in San Luis Obispo County's environment.
  In order to most effectively and efficiently combat Sudden Oak Death, 
we need to have a plan, and that plan should be derived from a careful 
analysis of what we have learned from our past efforts. As that is 
exactly what Mr. Burns' legislation would facilitate, I encourage my 
colleagues to join me as I work to see it enacted into law.
  Mr. DICKS. Mr. Speaker, I rise today in support of H.R. 4569, a bill 
to provide for the development of a national plan for the control and 
management of Sudden Oak Death, a tree disease caused by the fungus-
like pathogen Phytophthora ramorum.
  In 1993, a fungus-like organism was found in Germany and the 
Netherlands on nursery-grown rhododendrons and viburnums. The disease 
was found to cause leaf blight, stem canker, and tip dieback. About the 
same time, oak trees in the San Francisco Bay Area were dying from 
similar symptoms and the disease began to be known as ``sudden oak 
death.''
  Since that time, P. Ramorum has been found along the southeastern 
coast of the United States, California, Oregon and my home state of 
Washington. As of September 29, 2004, the total number of confirmed 
positive sites is 160 in 21 States. This disease invades susceptible 
trees and shrubs, including Douglas fir, through the bark, killing 
portions of the tree. This creates an ideal environment for insects and 
other fungi to invade.
  Federal regulations were published February 14, 2002, to control the 
movement of sudden oak death from twelve infested counties in 
California and an area under eradication in Oregon. Research on Sudden 
Oak Death is currently being conducted by the Agriculture Research 
Service, U.S. Forest Service, Universities and others to better 
identify hosts, methods of detection, and effective treatments. 
Currently, 64 plants are regulated. There are no chemical treatments 
currently available to eliminate the disease in nursery stock.
  H.R. 4569 is critical to the eradication of P. Ramorum. This bill 
allows the United States Department of Agriculture to develop the plan 
in consultation with other Federal agencies that have appropriate 
expertise regarding the control and management of Sudden Oak Death. I 
urge passage of this important bill.
  Mr. FARR. Mr. Speaker, I rise today as an original cosponsor in 
support of H.R. 4569, legislation to provide for the development of a 
national plan for the control and management of Sudden Oak Death.
  Sudden Oak Death is a forest disease caused by the plant pathogen 
Phytophthora ramorum. This pathogen has caused widespread dieback in 
California and across the nation of tanoak, several oak species 
(including; coast live oak, California black oak, Shreve's oak, and 
canyon live oak) and a myriad of shrubs and nursery stock.
  The disease has killed hundreds of thousands of trees in the coastal 
counties in northern California (two of which I represent) and 
southwestern Oregon. As a result of the dieback in California, USDA 
recently issued federal quarantine regulations on the movement of 
materials outside California. This action is in addition to the 
separate quarantines Canada and the States of California and Oregon 
imposed on themselves. Further, thirteen states have also implemented 
their own specific regulations against California nursery stock after 
the positive find in a southern California nursery. Millions of dollars 
of nursery stock have already been destroyed with little or no 
compensation for the growers.
  Additionally, the alarming discovery that evidence of DNA has been 
found on California's coastal redwoods and Big Leaf Maples in the 
foothills of the Sierra Nevada raises our concerns to a much higher 
level. Should the Sudden Oak Death pathogen establish itself in the 
Sierra Nevada, California's commercial forest industry as well as 
prized recreation areas would be severely impacted. If this proves to 
be true, the economic and ecological costs to California would be 
incalculable.
  If Sudden Oak Death is left unchecked, the landscape of California 
and the economic livelihoods of many will be forever changed. It's been 
almost ten years since the first detailed accounts of large numbers of 
tanoaks were observed dying in Marin and Santa Cruz Counties and 
already a difference in the landscape can be noted.
  Mr. Speaker, depending on the plant species, P. ramorum infection may 
occur on the trunk, branches, and/or leaves. Infections on the woody 
portions of a tree are referred to as cankers. Cankers on the trunk of 
oak and tanoak trees are the most damaging, and often lead to death.
  Additionally, diseased oak and tanoak trees are often attacked by 
other organisms once they are weakened by P. ramorum. It has also been 
found to infect the leaves and twigs of numerous other plants species. 
While many of these foliar hosts, such as California bay laurel and 
Rhododendron species, do not die from the disease, they do play a key 
role in the spread of P. ramorum, acting as breeding ground for 
innoculum, which may then be spread through wind-driven rain, water, 
plant material, or human activity.
  Mr. Speaker, we currently know that the total number of APHIS-
confirmed positive sites from the trace-forward, national, and other 
survey finds is 160 in 21 states and the number realistically is much 
higher considering the current scope of testing. This number ranges 
from single event sites to as many as 53 in my state of California.
  The time to act is now and passage of H.R. 4569 is a great step 
forward. We must stop the further spread of Sudden Oak Death.
  Mr. BOSWELL. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. HAYES. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Ose). The question is on the motion 
offered by the gentleman from North Carolina (Mr. Hayes) that the House 
suspend the rules and pass the bill, H.R. 4569.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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