To expand the Tree Assistance Program of the Department of Agriculture to assist agriculture producers to pay the costs of replanting commercially grown trees and seedlings, ornamental plants, and other perennial plants that are destroyed by damaging weather or related condition and to change the manner of determining crop yields for trees and seedlings, ornamental plants, and other perennial plants for purposes of emergency crop loss assistance.

Summary: Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to expand forest crop emergency disaster assistance to include commercially grown ornamental or other perennial plants.

SECTION 1. EXPANSION OF TREE ASSISTANCE PROGRAM.

    Subchapter C of chapter 3 of subtitle B of title XXII of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 7 
U.S.C. 1421 note) is amended to read as follows:

           ``Subchapter C--Forest Crops and Perennial Plants

``SEC. 2261. ELIGIBILITY.

    ``(a) Loss.--Subject to the limitation in subsection (b), the 
Secretary of Agriculture shall provide assistance under this subchapter 
to eligible agricultural producers who, as a result of damaging weather 
or related condition in a year, lose trees or seedlings, ornamental 
plants, or other perennial plants being grown by the producer for 
commercial purposes. In determining losses, the Secretary shall 
consider plants raised in containers or field production. The existence 
of damaging weather or related condition shall be determined by the 
Secretary.
    ``(b) Limitation.--An eligible agricultural producer shall qualify 
for assistance under subsection (a) only if the loss, as a result of 
the damaging weather or related condition, that is incurred by the 
producer to the trees, ornamental plants, or other perennial plants for 
which assistance is sought exceeds 35 percent (adjusted for normal 
mortality). Except in determining the level of normal mortality, the 
Secretary shall not consider the year in which the tree or plant was 
planted for purposes of determining eligibility for assistance under 
this subchapter.

``SEC. 2262. ASSISTANCE.

    ``The assistance provided by the Secretary of Agriculture to 
eligible agricultural producers for losses described in section 2261 
shall consist of reimbursement of 65 percent of the cost of replanting 
trees, ornamental plants, or other perennial plants lost due to the 
damaging weather or related condition in a year in excess of 35 percent 
mortality (adjusted for normal mortality).

``SEC. 2263. LIMITATION ON ASSISTANCE.

    ``(a) Limitation.--The total amount of payments that a person may 
receive under this subchapter for losses incurred in a particular year 
may not exceed $25,000, or an equivalent value in replacements.
    ``(b) Regulations.--The Secretary of Agriculture shall issue 
regulations--
            ``(1) defining the term `person' for the purposes of this 
        subchapter, 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 (Public Law 100-387; 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 (a).

``SEC. 2264. DEFINITIONS.

    ``As used in this subchapter:
            ``(1) Eligible agricultural producer.--The term `eligible 
        agricultural producer' means a person who, on 1,000 acres or 
        less, grows trees or seedlings, ornamental plants, or other 
        perennial plants for commercial purposes either through sale of 
        the tree or plant itself or sale of a crop harvested from the 
        tree or plant. Such term shall include tree farmers and nursery 
        growers who meet the acreage limitation specified in this 
        paragraph.
            ``(2) Perennial plant.--The term `perennial plant' shall 
        include low growing perennial turfgrass sod, but shall not 
        include any perennial grass that is being grown for purposes 
        other than ornamental use.

``SEC. 2265. DUPLICATIVE PAYMENTS.

    ``The Secretary of Agriculture shall establish guidelines to ensure 
that no person receives duplicative payments under this subchapter and 
the forestry incentives program, agricultural conservation program, or 
other Federal crop loss assistance program.''.

SEC. 2. CROP YIELDS FOR EMERGENCY CROP LOSS ASSISTANCE FOR CERTAIN 
              NONPROGRAM CROPS.

    Section 2244(d)(2) of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1421 note) is amended 
by adding at the end the following new subparagraph:
                    ``(E) Special rules for certain nonprogram crops.--
                In the case of trees or seedlings, ornamental plants, 
                or other perennial plants included in the definition of 
                nonprogram crop, the Commodity Credit Corporation shall 
                adjust upward the historical yield determined under 
                subparagraph (B) or (C) for a producer to reflect any 
                increased production that was anticipated by the 
                producer in the crop year for which disaster payments 
                are sought under this section if the crops necessary to 
                achieve such increased production were actually being 
                grown at the time of the damaging weather or related 
                condition.''.