I

103D CONGRESS

2D SESSION H. R. 3829

To require the Secretary of Agriculture to make emergency crop loss assistance available to agricultural producers to cover production losses incurred in the 1992 through 1995 crop years as a result of the destruction

of papaya, banana, and other fruit-bearing trees by Hurricanes Andrew

and Iniki and Typhoon Omar.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 9, 1994

Mrs. MINK introduced the following bill; which was referred to the Committee

on Agriculture

A BILL

To require the Secretary of Agriculture to make emergency

crop loss assistance available to agricultural producers

to cover production losses incurred in the 1992 through

1995 crop years as a result of the destruction of papaya,

banana, and other fruit-bearing trees by Hurricanes Andrew and Iniki and Typhoon Omar.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. PROVISION OF CROP LOSS ASSISTANCE FOR

2 DESTRUCTION OF FRUIT-BEARING TREES IN

3 1992 NATURAL DISASTERS.

4 (a) APPLICATION OF SECTION.—This section shall

5 apply with respect to the provision of emergency crop loss

6 assistance using funds made available for such purpose

7 pursuant to the undesignated section (relating to disaster

8 assistance) under the heading ‘‘COMMODITY CREDIT COR9 PORATION’’ in chapter I of the Supplemental Appropria10 tions Act of 1993 (Public Law 103–50; 107 Stat. 241)

11 and pursuant to the undesignated section (relating to the

12 Commodity Credit Corporation Fund) under the heading

13 ‘‘COMMODITY CREDIT CORPORATION’’ in chapter I of the

14 Emergency Supplemental Appropriations for Relief From

15 the Major, Widespread Flooding in the Midwest Act of

16 1993 (Public Law 103–75; 107 Stat. 741).

17 (b) CONSIDERATION OF LONG-TERM FRUIT CROP

18 LOSSES.—In making emergency crop loss assistance avail19 able to agricultural producers for crop losses resulting

20 from the destruction of papaya, banana, and other fruit21 bearing trees by Hurricanes Andrew and Iniki and Ty22 phoon Omar in 1992, the Secretary of Agriculture shall

23 calculate the amount of such assistance by taking into

24 consideration production losses occurring not only in the

25 crop year in which the trees were destroyed but also pro26 duction losses occurring in the crop years 1993 through
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1 1995 as a direct result of the destruction of the trees. In

2 determining production losses for the crop years 1993

3 through 1995, the Secretary shall use an average of the

4 actual production history of the destroyed trees of the pro5 ducer for the crop years 1989 through 1991, to the extent

6 such production history is available. The Secretary shall

7 reduce the production losses determined for crop year

8 1993, 1994, or 1995 by the amount, if any, of the harvest

9 taken in that crop year from trees planted to replace the

10 trees destroyed in 1992.

11 (c) REQUIREMENT TO PLANT REPLACEMENT

12 TREES.—To be eligible for emergency crop loss assistance

13 under this section with respect to papaya, banana, or other

14 fruit-bearing trees destroyed by Hurricane Andrew or

15 Iniki or Typhoon Omar, an agricultural producer shall be

16 required to plant sufficient seedlings to replace the de17 stroyed trees.

18 (d) TIME FOR APPLICATION.—The Secretary of Agri19 culture shall provide not less than a 30-day period within

20 which agricultural producers may apply for emergency

21 crop loss assistance under this section.

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