118 HR 5582 IH: White Oak Resilience Act
U.S. House of Representatives
2023-09-20
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EN
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I
118th CONGRESS
1st Session
H. R. 5582
IN THE HOUSE OF REPRESENTATIVES
September 20, 2023
Mr. Barr (for himself, Mr. Bera, Mr. DesJarlais, Mr. Cohen, and Mr. McGarvey) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Natural Resources, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for white oak restoration, and for other purposes.
1.

Short title
This Act may be cited as the “White Oak Resilience Act”.
2.

White Oak Restoration Initiative Coalition
(a)

In general
The White Oak Restoration Initiative Coalition shall be established—
(1)
as a voluntary collaborative group of public, State, private and non-governmental organizations to carry out the purposes described in subsection (b); and
(2)
in accordance with the charter titled “White Oak Initiative Coalition Charter” adopted by the White Oak Initiative Board of Directors on March 21, 2023 (or a successor charter).
(b)

Duties
In addition to the duties specified in the charter described in subsection (a)(2), the duties of the White Oak Restoration Initiative Coalition are—
(1)
to coordinate public, State, local, private and non-governmental restoration of white oak in the United States; and
(2)
to make program and policy recommendations with respect to—
(A)
changes necessary to address Federal and State policies that impede activities to improve the health, resiliency, and natural regeneration of white oak;
(B)
adopting or modifying Federal and State policies to increase the pace and scale of white oak regeneration and resiliency of white oak;
(C)
options to enhance communication, coordination, and collaboration between forest land owners, particularly for cross-boundary projects, to improve the health, resiliency, and natural regeneration of white oak;
(D)
research gaps that should be addressed to improve the best available science on white oak;
(E)
outreach to forest landowners with white oak or white oak regeneration potential; and
(F)
options and policies necessary to improve the quality and quantity of white oak in tree nurseries.
(c)

Administrative support, technical services, and staff support
The Secretary of the Interior and the Secretary of Agriculture shall make such personnel available to the White Oak Restoration Initiative Coalition for administrative support, technical services, and development and dissemination of educational materials as the Secretaries determine necessary to carry out this section.
(d)

Nonapplicability of Federal Advisory Committee Act
Chapter 10 of part I of title 5, United States Code, shall not apply to the White Oak Restoration Initiative Coalition.
(e)

Private funding of white oak restoration projects
The Secretary of Agriculture may make funds available to the White Oak Restoration Initiative Coalition to carry out this section from the account established pursuant to section 1241(f) of the Food Security Act of 1985 (16 U.S.C. 3841(f)).
3.

Forest Service pilot program
(a)

In general
The Secretary of Agriculture, acting through the Chief of the Forest Service, shall establish and carry out 5 pilot projects in national forests to restore white oak in such forests through white oak restoration and natural regeneration practices.
(b)

National forests reserved or withdrawn from the public domain
At least 3 pilot projects required under subsection (a) shall be carried out on national forests reserved or withdrawn from the public domain.
(c)

Authority To enter into cooperative agreements
The Secretary of Agriculture may enter into cooperative agreements to carry out the pilot projects required under subsection (a).
4.

Department of the Interior white oak review and restoration
(a)

Assessment
(1)

In general
The Secretary of the Interior shall carry out an assessment of land under the administrative jurisdiction of the Department of the Interior, including fish and wildlife refuges and abandoned mine land, to evaluate—
(A)
whether white oak is present on such land; and
(B)
the potential to restore white oak forests on such land.
(2)

Use of information
In carrying out the assessment under paragraph (1), the Secretary may use information from sources other than the Department of the Interior, including from the White Oak Initiative and the Forest Service.
(3)

Report
Not later than 90 days after the date of the enactment of this section, the Secretary shall submit to Congress, and make publicly available on the website of the Department of the Interior, a report regarding the results of the assessment carried out under this subsection.
(b)

Pilot projects
After the date on which the report required under subsection (a)(3) is submitted, the Secretary shall establish and carry out 5 pilot projects in different areas of land described in subsection (a)(1) to restore and naturally regenerate white oak.
(c)

Authority To enter into cooperative agreements
The Secretary of the Interior may enter into cooperative agreements to carry out the pilot projects required under subsection (b).
5.

White oak restoration fund
Section 409 of the National Forest Foundation Act (16 U.S.C. 583j–7) is amended—
(1)
by striking “The activities” and inserting the following:
“(a)

In general
The activities”; and
(2)
by adding at the end the following:
“(b)

White oak restoration fund
(1)

In general
Funds described in paragraph (2) shall be made available for activities—
(A)
on national forests that are approved by the Secretary, acting through the Chief of the Forest Service; and
(B)
to—
(i)
re-establish white oak forests where appropriate;
(ii)
improve management of existing white oak forests to foster natural regeneration of white oak;
(iii)
improve and expand white oak nursery stock; and
(iv)
adapt and improve white oak seedlings.
(2)

Fund
The National Forest Foundation may accept gifts, devises, or bequests for the purposes of carrying out the activities specified in paragraph (1).
(3)

Summary
Beginning 1 year after the date of the enactment of this section, the National Forest Foundation shall include in the budget justification materials submitted to Congress in support of the budget of each such Foundation for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a summary of the activities carried out under paragraph (1) and the funds accepted under paragraph (2) that includes—
(A)
the amount—
(i)
accepted under paragraph (2) in the preceding fiscal year; and
(ii)
described in clause (i) that is unobligated on the date of the report; and
(B)
a description of the activities under paragraph (1) funded during the preceding fiscal year.”.
6.

Civilian conservation centers reforestation activities
Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding at the end the following:
“(4)

Reforestation activities
Enrollees in Civilian Conservation Centers may provide assistance in carrying out reforestation of white oak and associated hardwood forest reforestation projects on National Forest System land in accordance with the land and resource management plan applicable to such land pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).”.
7.

Tree nursery shortages
(a)

In general
Not later than 1 year after the date of the enactment of this section, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall develop and implement a national strategy to increase the capacity of Federal, State, Tribal, and private tree nurseries to address the nationwide shortage of tree seedlings.
(b)

Elements
The strategy required under subsection (a) shall—
(1)
be based on the best available science and data; and
(2)
identify and address—
(A)
regional seedling shortages of bareroot and container tree seedlings;
(B)
regional reforestation opportunities and the seedling supply necessary to fulfill such opportunities;
(C)
opportunities to enhance seedling diversity and close gaps in seed inventories; and
(D)
barriers to expanding, enhancing, or creating new infrastructure to increase nursery capacity.
8.

White oak research
(a)

In general
The Secretary of Agriculture may enter into a memorandum of understanding with a covered land grant college to conduct research on—
(1)
white oak genes with resistance and stress tolerance;
(2)
white oak trees that exhibit vigor for the purpose of increasing survival and growth;
(3)
establishing a diverse white oak seed bank capable of responding to stressors;
(4)
providing a sustainable supply of white oak seedlings and genetic resources;
(5)
reforestation of white oak through natural and artificial regeneration; and
(6)
the best methods for reforesting abandoned mine land sites.
(b)

Consult
In carrying out the research under subsection (a), the covered land grant college that enters into the memorandum of understanding under such subsection may consult with such States, nonprofit organizations, institutions of higher education, and other scientific bodies, as the covered land grant college determines appropriate.
(c)

Covered land grant college defined
In this section, the term covered land grant college means an 1862 Institution, an 1890 Institution, or a 1994 Institution (as such terms are defined, respectively, in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)).
9.

USDA formal initiative
The Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service, shall establish a formal initiative on white oak to—
(1)
re-establish white oak forests where appropriate;
(2)
improve management of existing white oak forests to foster natural regeneration of white oak;
(3)
provide technical assistance to private landowners to re-establish, improve management of, and naturally regenerate white oak;
(4)
improve and expand white oak nursery stock; and
(5)
adapt and improve white oak seedlings.
10.

Authorities
To the maximum extent practicable, the Secretary of the Interior and the Secretary of Agriculture shall use the authorities provided under this Act and the amendment made by this Act in combination with other authorities to carry out projects, including—
(1)
good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113); and
(2)
stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591).