I 
118TH CONGRESS 
1ST SESSION H. R. 4739 
To amend the Agricultural Act of 2014 with respect to the tree assistance 
program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 19, 2023 
Mr. HUIZENGA (for himself and Mr. PANETTA) introduced the following bill; 
which was referred to the Committee on Agriculture 
A BILL 
To amend the Agricultural Act of 2014 with respect to 
the tree assistance program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting America’s 
Orchardists and Nursery Tree Growers Act’’. 
SEC. 2. TREE ASSISTANCE PROGRAM. 
(a) DEFINITIONS.—Section 1501(e)(1) of the Agri-
cultural Act of 2014 (7 U.S.C. 9081(e)(1)) is amended— 
(1) in subparagraph (A), by inserting ‘‘or bien-
nial’’ after ‘‘annual’’; and 
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(2) in subparagraph (B), by inserting ‘‘or pest’’ 
after ‘‘insect’’. 
(b) LOWERING MORTALITY THRESHOLD.—Section 
1501(e) of the Agricultural Act of 2014 (7 U.S.C. 
9081(e)) is amended— 
(1) in paragraph (2)(B), by striking ‘‘15 per-
cent (adjusted for normal mortality)’’ and inserting 
‘‘normal mortality’’; 
(2) in paragraph (3)(A)(i), by striking ‘‘15 per-
cent mortality (adjusted for normal mortality)’’ and 
inserting ‘‘normal mortality’’; and 
(3) in paragraph (3)(B), by striking ‘‘15 per-
cent damage or mortality (adjusted for normal tree 
damage and mortality’’ and inserting ‘‘normal tree 
damage or mortality’’. 
(c) ASSISTANCE.—Section 1501(e)(3) of the Agricul-
tural Act of 2014 (7 U.S.C. 9081(e)(3)) is amended in 
the matter before subparagraph (A) by striking ‘‘and (5)’’ 
and inserting ‘‘(5), and (6)’’. 
(d) REQUIREMENTS WITH RESPECT
TO ASSIST-
ANCE.—Section 1501(e) of the Agricultural Act of 2014 
(7 U.S.C. 9081(e)) is amended by adding at the end the 
following: 
‘‘(6) TIMING REQUIREMENTS.—An eligible or-
chardist or nursery tree grower shall agree, as a 
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condition on receipt of assistance under this sub-
section, to carry out any replacement and rehabilita-
tion 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 subpara-
graph (A) is not adequate for tree survival, at 
such time as is necessary to ensure tree sur-
vival. 
‘‘(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 AL-
TERNATIVES.—The assistance provided by the 
Secretary to eligible orchardists and nursery 
tree growers— 
‘‘(i) for losses described in subpara-
graph (A)(i), may not be greater than the 
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amount the eligible orchardist or nursery 
tree grower would receive if the eligible or-
chardist or nursery tree grower planted the 
variety lost; 
‘‘(ii) for losses described in subpara-
graph (A)(ii) may not be greater than the 
amount the eligible orchardist or nursery 
tree grower would receive if the eligible or-
chardist or nursery tree grower planted the 
stand density lost; and 
‘‘(iii) for losses described in subpara-
graph (A)(iii), may not be greater than the 
amount the eligible orchardist or nursery 
tree grower would receive if the eligible or-
chardist 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)) is further amended by adding at the end the fol-
lowing: 
‘‘(8) EXCLUSION
OF
GROSS
INCOME
LIMITA-
TION.—Subsection (b) of section 1001D of the Food 
Security Act of 1985 (7 U.S.C. 1308–3a) shall not 
apply with respect to assistance under this sub-
section made to a person or legal entity that has an 
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