Current status is Referred to the Subcommittee on Conservation, Research, and Biotechnology.

119th CONGRESS

1st Session

H. R. 2405

1. Short title
2. Definitions
3. White Oak Restoration Initiative Coalition
4. Forest Service pilot program
5. Department of the Interior white oak review and restoration
6. White oak regeneration and upland oak habitat
7. Tree nursery shortages
8. White oak research
9. USDA formal initiative
10. Authorities

1. Short title

This Act may be cited as the "The White Oak Resilience Act".

2. Definitions

In this Act:

(1) Governor - The term Governor means the Governor or any appropriate executive official of an affected State or Indian Tribe or the Commonwealth of Puerto Rico.

(2) Indian Tribe - The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(3) State - The term State means each of the several States, the District of Columbia, and each territory of the United States.

3. White Oak Restoration Initiative Coalition

(a) In general - The White Oak Restoration Initiative Coalition shall be established—

(1) - as a voluntary collaborative group of Federal, State, Tribal, and local governments and private and non-governmental organizations to carry out the duties 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 Federal, State, Tribal, local, private, and non-governmental restoration of white oak in the United States; and

(2) - to make program and policy recommendations, consistent with applicable forest management plans, 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) Private funding of white oak restoration projects - Subject to the availability of appropriations made in advance for such purpose, 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)).

4. 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 that are consistent with applicable forest management plans.

(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).

(d) Sunset - The authority under this section shall terminate on the date that is 7 years after the date of enactment of this Act.

5. 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 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 may enter into cooperative agreements to carry out the pilot projects required under subsection (b).

(d) Sunset - The authority under this section shall terminate on the date that is 7 years after the date of enactment of this Act.

6. White oak regeneration and upland oak habitat

(a) Establishment - Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall establish a non-regulatory program to be known as the "White Oak and Upland Oak Habitat Regeneration Program" (in this section referred to as the "Program").

(b) Duties - In carrying out the Program, the Secretary shall—

(1) - draw upon the best available science and management plans for species of white oak to identify, prioritize, and implement restoration and conservation activities that will improve the growth of white oak within the United States;

(2) - collaborate and coordinate with the White Oak Restoration Initiative Coalition to prioritize white oak restoration initiatives;

(3) - adopt a white oak restoration strategy that—

(A) - supports the implementation of a shared set of science-based restoration and conservation activities developed in accordance with paragraph (1);

(B) - targets cost effective projects with measurable results; and

(4) - establish the voluntary grant and technical assistance programs in accordance with subsection (e).

(c) Coordination - In establishing the Program, the Secretary, acting through the Chief of the Forest Service, shall consult with—

(1) - the heads of Federal agencies, including—

(A) - the Director of the United States Fish and Wildlife Service; and

(B) - the Chief of the Natural Resources Conservation Service; and

(2) - the Governor of each State in which restoration efforts will be carried out pursuant to the Program.

(d) Purposes - The purposes of the Program include—

(1) - coordinating restoration and conservation activities among Federal, State, local, and Tribal entities and conservation partners to address white oak restoration priorities;

(2) - improving and regenerating white oak and upland oak forests and the wildlife habitat such forests provide;

(3) - carrying out coordinated restoration and conservation activities that lead to the increased growth of species of white oak in native white oak regions on Federal, State, Tribal, and private land;

(4) - facilitating strategic planning to maximize the resilience of white oak systems and habitats under changing climate conditions;

(5) - engaging the public through outreach, education, and citizen involvement to increase capacity and support for coordinated restoration and conservation activities for species of white oak; and

(6) - increasing scientific capacity to support the planning, monitoring, and research activities necessary to carry out such coordinated restoration and conservation activities.

(e) Grants and assistance

(1) In general - To the extent that funds are available to carry out this section, the Secretary shall establish a voluntary grant and technical assistance program (in this section referred to as the "grant program") to achieve the purposes of the Program described in subsection (d).

(2) Administration

(A) In general - The Secretary shall enter into a cooperative agreement with the National Fish and Wildlife Foundation (in this subsection referred to as the "Foundation") to manage and administer the grant program.

(B) Funding - Subject to the availability of appropriations made in advance for such purpose, after the Secretary enters into a cooperative agreement with the Foundation under subparagraph (A), the Foundation shall for each fiscal year, receive amounts to carry out this subsection in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year.

(3) Application of National Fish and Wildlife Foundation Establishment Act - Amounts received by the Foundation to carry out the grant program shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act (16 U.S.C. 3709(a)).

(f) Sunset - The authority under this section shall terminate on the date that is 7 years after the date of enactment of this Act.

7. Tree nursery shortages

(a) In general - Not later than 1 year after the date of enactment of this section, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall—

(1) - 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; and

(2) - coordinate such strategy with—

(A) - the national reforestation strategy of the Forest Service; and

(B) - each regional implementation plan for National Forests.

(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;

(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 an Indian Tribe or institution, including a covered land grant college, to collaboratively conduct research on—

(1) - white oak genes with resistance or tolerance to stress;

(2) - white oak trees that exhibit vigor for the purpose of increasing survival and growth;

(3) - establishing a genetically diverse white oak seeds bank capable of responding to stressors;

(4) - providing a sustainable supply of white oak seedlings and genetic resources;

(5) - improved methods for aligning seed sources with the future climate at planting sites;

(6) - reforestation of white oak through natural and artificial regeneration;

(7) - improved methods for retaining and increasing white oak trees in forests;

(8) - improved methods for reforesting abandoned mine land sites; and

(9) - economic and social aspects of white oak forest management across land ownerships.

(b) Consult - In carrying out the research under subsection (a), the Indian Tribe or institution, including a 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 entity subject to such memorandum determines appropriate.

(c) Sunset - The authority under this section shall terminate on the date that is 7 years after the date of enactment of this Act.

(d) 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

(a) In general - The Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service and in coordination with the Chief of the Forest 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.

(b) Sunset - The authority under this section shall terminate on the date that is 7 years after the date of enactment of this Act.

10. Authorities

To the maximum extent practicable, the Secretary of the Interior and the Secretary of Agriculture shall use the authorities provided under this title 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. 2113a); and

(2) - stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c).

119-HR2405

The White Oak Resilience Act