II 

118TH CONGRESS 

1ST SESSION S. 2682 

To amend the Agricultural Act of 2014 with respect to the tree assistance 

program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2023 

Mr. WARNOCK (for himself and Mr. TILLIS) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Agricultural Act of 2014 with respect to 

the tree assistance program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting America’s 

5 Orchardists and Nursery Tree Growers Act’’. 

6 SEC. 2. TREE ASSISTANCE PROGRAM. 

7 (a) DEFINITIONS.—Section 1501(e)(1) of the Agri8 cultural Act of 2014 (7 U.S.C. 9081(e)(1)) is amended— 

9 (1) in subparagraph (A), by inserting ‘‘or bien10 nial’’ after ‘‘annual’’; and 


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1 (2) in subparagraph (B), by inserting ‘‘or pest’’ 

2 after ‘‘insect’’. 

3 (b) LOWERING MORTALITY THRESHOLD.—Section 

4 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 

5 9081(e)) is amended— 

6 (1) in paragraph (2)(B), by striking ‘‘15 per7 cent (adjusted for normal mortality)’’ and inserting 

8 ‘‘normal mortality’’; and 

9 (2) in paragraph (3)— 

10 (A) in subparagraph (A)(i), by striking 

11 ‘‘15 percent mortality (adjusted for normal 

12 mortality)’’ and inserting ‘‘normal mortality’’; 

13 and 

14 (B) in subparagraph (B), by striking ‘‘15 

15 percent damage or mortality (adjusted for nor16 mal tree damage and mortality)’’ and inserting 

17 ‘‘normal tree damage or mortality’’. 

18 (c) ASSISTANCE.—Section 1501(e)(3) of the Agricul19 tural Act of 2014 (7 U.S.C. 9081(e)(3)) is amended, in 

20 the matter preceding subparagraph (A), by striking ‘‘and 

21 (5)’’ and inserting ‘‘, (5), and (6)’’. 

22 (d) REQUIREMENTS WITH RESPECT TO ASSIST23 ANCE.—Section 1501(e) of the Agricultural Act of 2014 

24 (7 U.S.C. 9081(e)) is amended by adding at the end the 

25 following: 


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1 ‘‘(6) TIMING REQUIREMENTS.—An eligible or2 chardist or nursery tree grower shall agree, as a 

3 condition on the receipt of assistance under this sub4 section, to carry out any replacement and rehabilita5 tion activities for which the assistance is provided 

6 not later than— 

7 ‘‘(A) 1 year after the application for the 

8 assistance is approved; or 

9 ‘‘(B) if the period described in subpara10 graph (A) is not adequate for tree survival, 

11 such time as is necessary to ensure tree sur12 vival. 

13 ‘‘(7) ALTERNATIVES USED IN REPLANTING.— 

14 ‘‘(A) IN GENERAL.—An eligible orchardist 

15 or nursery tree grower that receives assistance 

16 under this subsection with respect to tree loss 

17 may use the assistance to replant using— 

18 ‘‘(i) an alternative variety; 

19 ‘‘(ii) an alternative stand density; and 

20 ‘‘(iii) an alternative location than was 

21 used prior to the loss. 

22 ‘‘(B) LIMITATIONS WITH RESPECT TO AL23 TERNATIVES.—Assistance provided for replant24 ing under subparagraph (A) may not exceed— 


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1 ‘‘(i) for replanting described in sub2 paragraph (A)(i), the amount the eligible 

3 orchardist or nursery tree grower would re4 ceive if the eligible orchardist or nursery 

5 tree grower planted the variety lost; 

6 ‘‘(ii) for replanting described in sub7 paragraph (A)(ii), the amount the eligible 

8 orchardist or nursery tree grower would re9 ceive if the eligible orchardist or nursery 

10 tree grower planted the stand density lost; 

11 and 

12 ‘‘(iii) for replanting described in sub13 paragraph (A)(iii), the amount the eligible 

14 orchardist or nursery tree grower would re15 ceive if the eligible orchardist or nursery 

16 tree grower planted in the location in 

17 which the loss occurred.’’. 

18 (e) EXCLUSION OF GROSS INCOME LIMITATION.— 

19 Section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 

20 9801(e)) (as amended by subsection (d)) is amended by 

21 adding at the end the following: 

22 ‘‘(8) EXCLUSION OF GROSS INCOME LIMITA23 TION.—Subsection (b) of section 1001D of the Food 

24 Security Act of 1985 (7 U.S.C. 1308–3a) shall not 

25 apply with respect to assistance under this subVerDate Sep 11 2014 03:01 Aug 17, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2682.IS S2682

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1 section made to a person or legal entity that has an 

2 average adjusted gross income (as defined in sub3 section (a) of that section) of which 75 percent or 

4 greater is derived from farming, ranching, or 

5 silviculture activities.’’. 

6 (f) NOTICE OF APPLICATION STATUS.—Section 

7 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 

8 9801(e)) (as amended by subsection (e)) is amended by 

9 adding at the end the following: 

10 ‘‘(9) NOTICE OF APPLICATION STATUS.—Not 

11 later than 120 days after receiving an application 

12 for assistance under this subsection, the Secretary 

13 shall— 

14 ‘‘(A) approve or deny the application; and 

15 ‘‘(B) notify the applicant of the approval 

16 or denial.’’. 

Æ 


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