H.R. 2405 — The White Oak Resilience Act

This section defines, for purposes of this Act, (1) "Governor" as the Governor or any appropriate executive official of an affected State or Indian Tribe or the Commonwealth of Puerto Rico; (2) "Indian Tribe" as having the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)—i.e., any Indian tribe, band, nation, or other organized group or community, including Alaska Native villages or corporations, recognized as eligible for federal programs and services provided to Indians because of their status as Indians; and (3) "State" as each of the several States, the District of Columbia, and each territory of the United States.

This section establishes the White Oak Restoration Initiative Coalition as a voluntary collaborative group of Federal, State, Tribal, local governments, and private and nongovernmental organizations to coordinate restoration of white oak across the United States and to make specified program and policy recommendations (e.g., on impediments to white oak regeneration, research gaps, landowner outreach, and tree nursery improvements). The Secretaries of the Interior and Agriculture shall provide the coalition with administrative support, technical services, staff support, and educational materials as necessary. The Secretary of Agriculture may make funds available to the coalition from the account established under section 1241(f) of the Food Security Act of 1985 (16 U.S.C. 3841(f)) (i.e., Commodity Credit Corporation funds dedicated to conservation technical assistance), subject to the availability of appropriations made in advance for that purpose.

This section directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to establish and carry out five pilot projects in national forests to restore white oak through restoration and natural regeneration practices consistent with applicable forest management plans. It requires at least three projects on national forests reserved or withdrawn from the public domain, authorizes cooperative agreements, and sunsets the authority seven years after enactment.

This section directs the Secretary of the Interior to assess lands under department jurisdiction—including national wildlife refuges and abandoned mine lands—for the presence of white oak and restoration potential, using information from external sources such as the White Oak Initiative and Forest Service, and to submit a report to Congress and post it publicly within 90 days of enactment. After report submission, the section requires the Secretary to carry out 5 pilot projects on such lands to restore and naturally regenerate white oak, with authority to enter into cooperative agreements. The authority under this section sunsets 7 years after enactment.

This section directs the Secretary of Agriculture, not later than 180 days after enactment, to establish the non-regulatory White Oak and Upland Oak Habitat Regeneration Program to coordinate restoration and conservation activities for white oak species and upland oak forests and wildlife habitat on federal, state, tribal, and private lands. In carrying out the program, the Secretary must (1) use best available science to identify, prioritize, and implement restoration activities; (2) collaborate with the White Oak Restoration Initiative Coalition; (3) adopt a restoration strategy emphasizing cost-effective projects with measurable results and no net increase in federal full-time equivalent employees; and (4) consult with the U.S. Fish and Wildlife Service, Natural Resources Conservation Service, and relevant state governors. The section further requires the Secretary to establish a voluntary grant and technical assistance program, to be administered by the National Fish and Wildlife Foundation (NFWF)—a congressionally chartered nonprofit that provides grants for conservation—through a cooperative agreement, with NFWF receiving appropriated funds in advance annual payments on October 1 (or soon thereafter) subject to the NFWF Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) (16 U.S.C. 3709(a)) (i.e., exempting the 1:1 matching requirement and prohibition on administrative expenses). Program authority terminates 7 years after enactment.

This section directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to develop and implement not later than one year after the date of enactment a national strategy to increase the capacity of federal, state, tribal, and private tree nurseries to address the nationwide shortage of tree seedlings. The strategy must (1) be based on the best available science and data; (2) coordinate with the Forest Service's national reforestation strategy and each regional implementation plan for National Forests; and (3) identify and address regional shortages of bareroot and container tree seedlings, regional reforestation opportunities and necessary seedling supply, opportunities to enhance seedling diversity and close gaps in seed inventories, and barriers to expanding, enhancing, or creating new nursery infrastructure.

This section authorizes the Secretary of Agriculture to enter into a memorandum of understanding with an Indian Tribe or institution, including a covered land-grant college (i.e., 1862 Institution, 1890 Institution, or 1994 Institution), to conduct collaborative research on white oak genetic resilience and stress tolerance, seed banks, seedling supply, climate-adapted seeding, reforestation and regeneration techniques, forest retention methods, abandoned mine land reforestation, and economic and social aspects of management across land ownerships. Research collaborators may consult with states, nonprofit organizations, institutions of higher education, and other scientific bodies as appropriate, and the authority terminates 7 years after enactment.

This section directs the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service and in coordination with the Chief of the Forest Service, to 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; (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. The authority under this section terminates 7 years after enactment.

This section directs the Secretaries of the Interior and Agriculture, to the maximum extent practicable, to use the authorities provided under this title in combination with other authorities—including (1) good neighbor agreements under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a), which authorize restoration services (i.e., hazardous fuels reduction, insect and disease treatment, and habitat improvement) on federal and non-federal lands using state, county, or tribal crews; and (2) stewardship contracting under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c), which allows retention of woody biomass sales proceeds to fund restoration services—to carry out projects.