| To reauthorize the tree
loss assistance program to compensate orchardists and tree farmers who
plant trees for commercial purposes but lose the trees as a result of a
natural disaster. (Introduced in the House)
HR 1790 IH
107th CONGRESS
1st Session
H. R. 1790
To reauthorize the
tree loss assistance program to compensate orchardists and tree farmers
who plant trees for commercial purposes but lose the trees as a result
of a natural disaster.
IN THE HOUSE OF REPRESENTATIVES
May 9, 2001
Mr. SMITH of Michigan (for himself,
Mr. ROGERS of Michigan, Mr. BARCIA, Mr. HOEKSTRA, Mr. UPTON, Mr. EHLERS,
Ms. RIVERS, Mr. STUPAK, and Mr. BONIOR) introduced the following bill;
which was referred to the Committee on Agriculture
A BILL
To reauthorize the
tree loss assistance program to compensate orchardists and tree farmers
who plant trees for commercial purposes but lose the trees as a result
of a natural disaster.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. TREE LOSS ASSISTANCE
PROGRAM FOR ORCHARDISTS AND TREE FARMERS.
(a) ASSISTANCE AVAILABLE-
Subject to the limitation in subsection (b), the Secretary of Agriculture
is authorized to provide assistance under this section to eligible orchardists
and eligible tree farmers that plant or have planted trees for commercial
purposes but lose the trees as a result of a natural disaster.
(b) LOSS THRESHOLD- An eligible
orchardist or eligible tree farmer shall qualify for assistance under this
section only if the person's tree mortality, as a result of the natural
disaster, exceeds 15 percent (adjusted for normal mortality).
(c) TYPES OF ASSISTANCE-
The assistance provided under this section shall consist of, at the discretion
of the Secretary--
(1) reimbursement of up
to 80 percent of the cost of replanting trees lost as a result of the natural
disaster in excess of 15 percent mortality (adjusted for normal mortality);
(2) sufficient seedlings
to reestablish the stand; or
(3) a combination of reimbursement
and replacement seedlings.
(d) SOURCE OF ASSISTANCE-
To provide assistance under this section, the Secretary shall use funds
of the Commodity Credit Corporation available for use for emergency purposes.
(e) LIMITATION ON AMOUNT
OF ASSISTANCE- The total amount of assistance that a person may receive
under this section may not exceed $75,000, or an equivalent value in tree
seedlings.
(f) DUPLICATIVE PAYMENTS-
The Secretary shall establish guidelines to ensure that no person receives
duplicative payments under this section and the forestry incentives program,
agricultural conservation program, or other Federal program.
(g) DEFINITIONS- In this
section:
(1) NATURAL DISASTER- The
term `natural disaster' includes plant diseases, insect infestations, drought,
fire, freeze, earthquake, or related condition, as determined by the Secretary.
(2) ELIGIBLE ORCHARDIST-
The term `eligible orchardist' means a person that produces annual crops
from trees for commercial purposes and owns 500 acres or less of the trees.
(3) ELIGIBLE TREE FARMER-
The term `eligible tree farmer' means a person that grows trees for harvest
for commercial purposes and owns 1,000 acres or less of the trees.
(h) REGULATIONS- The Secretary
shall issue regulations--
(1) defining the term `person'
for the purposes of this section, which shall conform, to the extent practicable,
to the regulations defining the term `person' issued under section 1001
of the Food Security Act of 1985 (7 U.S.C. 1308) and the Disaster Assistance
Act of 1988 (7 U.S.C. 1421 note); and
(2) prescribing such rules
as the Secretary determines necessary to ensure a fair and reasonable application
of the limitation established under subsection (e).
(i) RETROACTIVE APPLICATION-
This section applies with respect to tree losses described in subsection
(a) that are incurred as a result of a natural disaster after January 1,
2000.
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