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 commer-
cially 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 condi-
tion 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXPANSION OF TREE ASSISTANCE PROGRAM.
Subchapter C of chapter 3 of subtitle B of title XXII
of the Food, Agriculture, Conservation, and Trade Act of
1990 (Public Law 101–624; 7 U.S.C. 1421 note) is
amended to read as follows:
‘‘Subchapter C—Forest Crops and Perennial
Plants
‘‘SEC. 2261. ELIGIBILITY.
‘‘(a) LOSS.—Subject to the limitation in subsection
(b), the Secretary of Agriculture shall provide assistance
under this subchapter to eligible agricultural producers
who, as a result of damaging weather or related condition
in a year, lose trees or seedlings, ornamental plants, or
other perennial plants being grown by the producer for
commercial purposes. In determining losses, the Secretary
shall consider plants raised in containers or field produc-
tion. The existence of damaging weather or related condi-
tion shall be determined by the Secretary.
‘‘(b) LIMITATION.—An eligible agricultural producer
shall qualify for assistance under subsection (a) only if the
loss, as a result of the damaging weather or related condi-
tion, that is incurred by the producer to the trees, orna-
mental plants, or other perennial plants for which assist-
ance is sought exceeds 35 percent (adjusted for normal
mortality). Except in determining the level of normal mor-
tality, the Secretary shall not consider the year in which
the tree or plant was planted for purposes of determining
eligibility for assistance under this subchapter.
‘‘SEC. 2262. ASSISTANCE.
‘‘The assistance provided by the Secretary of Agri-
culture to eligible agricultural producers for losses de-
scribed in section 2261 shall consist of reimbursement of
65 percent of the cost of replanting trees, ornamental
plants, or other perennial plants lost due to the damaging
weather or related condition in a year in excess of 35 per-
cent mortality (adjusted for normal mortality).
‘‘SEC. 2263. LIMITATION ON ASSISTANCE.
‘‘(a) LIMITATION.—The total amount of payments
that a person may receive under this subchapter for losses
incurred in a particular year may not exceed $25,000, or
an equivalent value in replacements.
‘‘(b) REGULATIONS.—The Secretary of Agriculture
shall issue regulations—
‘‘(1) defining the term ‘person’ for the purposes
of this subchapter, which shall conform, to the ex-
tent practicable, to the regulations defining the term
‘‘person’’ issued under section 1001 of the Food Se-
curity Act of 1985 (7 U.S.C. 1308) and the Disaster
Assistance Act of 1988 (Public Law 100–387; 7
U.S.C. 1421 note); and
‘‘(2) prescribing such rules as the Secretary de-
termines necessary to ensure a fair and reasonable
application of the limitation established under sub-
section (a).
‘‘SEC. 2264. DEFINITIONS.
‘‘As used in this subchapter:
‘‘(1) ELIGIBLE
AGRICULTURAL
PRODUCER.—
The term ‘eligible agricultural producer’ means a
person who, on 1,000 acres or less, grows trees or
seedlings, ornamental plants, or other perennial
plants for commercial purposes either through sale
of the tree or plant itself or sale of a crop harvested
from the tree or plant. Such term shall include tree
farmers and nursery growers who meet the acreage
limitation specified in this paragraph.
‘‘(2) PERENNIAL PLANT.—The term ‘perennial
plant’ shall include low growing perennial turfgrass
sod, but shall not include any perennial grass that
is being grown for purposes other than ornamental
use.
‘‘SEC. 2265. DUPLICATIVE PAYMENTS.
‘‘The Secretary of Agriculture shall establish guide-
lines to ensure that no person receives duplicative pay-
ments under this subchapter and the forestry incentives