I

103D CONGRESS

2D SESSION H. R. 4133

To expand the Tree Assistance Program of the Department of Agriculture

to assist agricultural 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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1994

Mr. GRANDY (for himself, Mr. ROSE, Mr. LEWIS of Florida, Mr. LIGHTFOOT,

Mr. LEACH, and Mr. NUSSLE) introduced the following bill; which was

referred to the Committee on Agriculture

A BILL

To expand the Tree Assistance Program of the Department

of Agriculture to assist agricultural 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.

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. EXPANSION OF TREE ASSISTANCE PROGRAM.

2 Subchapter C of chapter 3 of subtitle B of title XXII

3 of the Food, Agriculture, Conservation, and Trade Act of

4 1990 (Public Law 101–624; 7 U.S.C. 1421 note) is

5 amended to read as follows:

6 ‘‘Subchapter C—Forest Crops and Perennial

7 Plants

8 ‘‘SEC. 2261. ELIGIBILITY.

9 ‘‘(a) LOSS.—Subject to the limitation in subsection

10 (b), the Secretary of Agriculture shall provide assistance

11 under this subchapter to eligible agricultural producers

12 who, as a result of damaging weather or related condition

13 in a year, lose trees or seedlings, ornamental plants, or

14 other perennial plants being grown by the producer for

15 commercial purposes. In determining losses, the Secretary

16 shall consider plants raised in containers or field produc17 tion. The existence of damaging weather or related condi18 tion shall be determined by the Secretary.

19 ‘‘(b) LIMITATION.—An eligible agricultural producer

20 shall qualify for assistance under subsection (a) only if the

21 loss, as a result of the damaging weather or related condi22 tion, that is incurred by the producer to the trees, orna23 mental plants, or other perennial plants for which assist24 ance is sought exceeds 35 percent (adjusted for normal

25 mortality). Except in determining the level of normal mor26 tality, the Secretary shall not consider the year in which
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1 the tree or plant was planted for purposes of determining

2 eligibility for assistance under this subchapter.

3 ‘‘SEC. 2262. ASSISTANCE.

4 ‘‘The assistance provided by the Secretary of Agri5 culture to eligible agricultural producers for losses de6 scribed in section 2261 shall consist of reimbursement of

7 65 percent of the cost of replanting trees, ornamental

8 plants, or other perennial plants lost due to the damaging

9 weather or related condition in a year in excess of 35 per10 cent mortality (adjusted for normal mortality).

11 ‘‘SEC. 2263. LIMITATION ON ASSISTANCE.

12 ‘‘(a) LIMITATION.—The total amount of payments

13 that a person may receive under this subchapter for losses

14 incurred in a particular year may not exceed $25,000, or

15 an equivalent value in replacements.

16 ‘‘(b) REGULATIONS.—The Secretary of Agriculture

17 shall issue regulations—

18 ‘‘(1) defining the term ‘person’ for the purposes

19 of this subchapter, which shall conform, to the ex20 tent practicable, to the regulations defining the term

21 ‘‘person’’ issued under section 1001 of the Food Se22 curity Act of 1985 (7 U.S.C. 1308) and the Disaster

23 Assistance Act of 1988 (Public Law 100–387; 7

24 U.S.C. 1421 note); and
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1 ‘‘(2) prescribing such rules as the Secretary de2 termines necessary to ensure a fair and reasonable

3 application of the limitation established under sub4 section (a).

5 ‘‘SEC. 2264. DEFINITIONS.

6 ‘‘As used in this subchapter:

7 ‘‘(1) ELIGIBLE AGRICULTURAL PRODUCER.—

8 The term ‘eligible agricultural producer’ means a

9 person who, on 1,000 acres or less, grows trees or

10 seedlings, ornamental plants, or other perennial

11 plants for commercial purposes either through sale

12 of the tree or plant itself or sale of a crop harvested

13 from the tree or plant. Such term shall include tree

14 farmers and nursery growers who meet the acreage

15 limitation specified in this paragraph.

16 ‘‘(2) PERENNIAL PLANT.—The term ‘perennial

17 plant’ shall include low growing perennial turfgrass

18 sod, but shall not include any perennial grass that

19 is being grown for purposes other than ornamental

20 use.

21 ‘‘SEC. 2265. DUPLICATIVE PAYMENTS.

22 ‘‘The Secretary of Agriculture shall establish guide23 lines to ensure that no person receives duplicative pay24 ments under this subchapter and the forestry incentives
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1 program, agricultural conservation program, or other Fed2 eral crop loss assistance program.’’.

3 SEC. 2. CROP YIELDS FOR EMERGENCY CROP LOSS ASSIST4 ANCE FOR CERTAIN NONPROGRAM CROPS.

5 Section 2244(d)(2) of the Food, Agriculture, Con6 servation, and Trade Act of 1990 (Public Law 101–624;

7 7 U.S.C. 1421 note) is amended by adding at the end the

8 following new subparagraph:

9 ‘‘(E) SPECIAL RULES FOR CERTAIN

10 NONPROGRAM CROPS.—In the case of trees or

11 seedlings, ornamental plants, or other perennial

12 plants included in the definition of nonprogram

13 crop, the Commodity Credit Corporation shall

14 adjust upward the historical yield determined

15 under subparagraph (B) or (C) for a producer

16 to reflect any increased production that was an17 ticipated by the producer in the crop year for

18 which disaster payments are sought under this

19 section if the crops necessary to achieve such

20 increased production were actually being grown

21 at the time of the damaging weather or related

22 condition.’’.

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