text: 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.
  
              Passed the Senate December 8, 2004.
  
              Attest:
  
                                                               Secretary.
  108th CONGRESS
  
    2d Session
  
                                  S. 2575
  
  _______________________________________________________________________
  
                                   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 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.
target: Sudden Oak Death Syndrome Control Act of 2004 - (Sec. 3) Directs the Secretary of Agriculture to carry out a sudden oak death syndrome (Phytophthora ramorum) research, monitoring, and regulation program to control or eradicate sudden oak death syndrome from: (1) trees and shrubs on public and private land; and (2) host and potential host plants from commercial nurseries.
  
  Authorizes the Secretary to: (1) conduct open space, roadside, and aerial surveys; (2) provide monitoring workshops; (3) conduct a national survey of forests, plant nurseries, and landscapes that may have been exposed to Phytophthora ramorum, and develop a related risk assessment; (4) develop baseline information on infected oaks and maintain a geographic information system database of Phytophthora ramorum occurrences; (5) conduct Phytophthora ramorum research; (6) evaluate tree species susceptibility; and (7) provide diagnostic services.
  
  (Sec. 4) Directs the Secretary to conduct sudden oak death syndrome management, treatment, and fire prevention activities, including: (1) firefighting and emergency response improvements; and (2) local government grants for tree removal, disposal, and recycling, restoration and mitigation projects, green waste treatment facilities, reforestation, and resistant tree breeding.
  
  (Sec. 5) Directs the Secretary to conduct outreach and education activities, including: (1) educational materials development and distribution, including a website; and (2) financial and technical support to States, local governments, and nonprofit organizations providing information on sudden oak death syndrome.
  
  (Sec. 6) Expresses the sense of Congress that agency communication at all governmental levels is required for program effectiveness.
  
  Directs the Secretary to meet and consult regularly with Federal, State, tribal, and local government officials to exchange program information.
  
  (Sec. 7) Authorizes appropriations for FY 2005 through 2009.
feat_title: 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.