Protecting America’s Orchardists and Nursery Tree Growers Act

To amend the Agricultural Act of 2014 with respect to the tree assistance program, and for other purposes. 1. Short title This Act may be cited as the Protecting America’s Orchardists and Nursery Tree Growers Act 2. Tree assistance program (a) Definitions Section 1501(e)(1) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(e)(1) (1) in subparagraph (A), by inserting or biennial annual (2) in subparagraph (B), by inserting or pest insect (b) Lowering mortality threshold Section 1501(e) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(e) (1) in paragraph (2)(B), by striking 15 percent (adjusted for normal mortality) normal mortality (2) in paragraph (3)(A)(i), by striking 15 percent mortality (adjusted for normal mortality) normal mortality (3) in paragraph (3)(B), by striking 15 percent damage or mortality (adjusted for normal tree damage and mortality normal tree damage or mortality (c) Assistance Section 1501(e)(3) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(e)(3) and (5) (5), and (6) (d) Requirements with respect to assistance Section 1501(e) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(e) (6) Timing requirements An eligible orchardist or nursery tree grower shall agree, as a condition on receipt of assistance under this subsection, to carry out any replacement and rehabilitation activities for which such assistance is provided not later than— (A) 12 months after the application for such assistance is approved; or (B) if the period specified in subparagraph (A) is not adequate for tree survival, at such time as is necessary to ensure tree survival. (7) Alternatives used in replanting (A) In general An eligible orchardist or nursery tree grower receiving assistance under this subsection with respect to tree loss may use such assistance to replant using— (i) an alternative variety; (ii) an alternative stand density; and (iii) an alternative location than was used prior to the loss. (B) Limitations with respect to alternatives The assistance provided by the Secretary to eligible orchardists and nursery tree growers— (i) for losses described in subparagraph (A)(i), may not be greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower planted the variety lost; (ii) for losses described in subparagraph (A)(ii) may not be greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower planted the stand density lost; and (iii) for losses described in subparagraph (A)(iii), may not be greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower planted the location in which the loss occurred. . (e) Exclusion of gross income limitation Section 1501(e) of the Agricultural Act of 2014 ( 7 U.S.C. 9801(e) (8) Exclusion of gross income limitation Subsection (b) of section 1001D of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a . (f) Notice of application status Section 1501(e) of the Agricultural Act of 2014 ( 7 U.S.C. 9801(e) (9) Notice of application status Not later than 120 days after receiving an application for assistance under this subsection, the Secretary shall— (A) approve or deny such application; and (B) notify the applicant of such approval or denial. .

Summary: Protecting America’s Orchardists and Nursery Tree Growers ActThis bill expands eligibility and flexibility under the Tree Assistance Program (TAP) of the Farm Service Agency (FSA). (TAP provides financial assistance to qualifying orchardists and nursery tree growers to replant or rehabilitate eligible trees, bushes, and vines damaged by natural disasters.)The bill expands eligibility to include growers who produce biennial crops. The current program is limited to producers of annual crops. The bill also expands eligibility to include growers who experience tree mortality that exceeds normal mortality. Currently, mortality must exceed 15%.Further, the bill exempts growers who derive at least 75% of their average adjusted gross income from farming, ranching, or silviculture activities from a limit on adjusted gross income. (Under current law, the limit prohibits a grower with an average adjusted gross income that exceeds $900,000 from being eligible for TAP.)A grower may carry out any replacement and rehabilitation activities within 12 months of approval of the application for assistance or at such time as is necessary to ensure tree survival. Further, a grower may replant using an alternative (1) variety, (2) stand density, and (3) location than was used prior to the loss. Finally, the FSA must approve or deny an application (and notify the applicant) within 120 days of receiving the application.