[Congressional Bills 107th Congress] [From the U.S. Government Printing Office] [S. 997 Engrossed in Senate (ES)] 107th CONGRESS 2d Session S. 997 _______________________________________________________________________ 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 establish a Sudden Oak Death Syndrome Advisory Committee. 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 2002''. 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. 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. Passed the Senate July 10, 2002. Attest: Secretary. 107th CONGRESS 2d Session S. 997 _______________________________________________________________________ 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 establish a Sudden Oak Death Syndrome Advisory Committee.