I
107TH CONGRESS
1ST SESSION
H. R. 1790
To reauthorize the tree loss assistance program to compensate orchardists
and tree farmers who plant trees for commercial purposes but lose
the trees as a result of a natural disaster.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 2001
Mr. SMITH of Michigan (for himself, Mr. ROGERS of Michigan, Mr. BARCIA,
Mr. HOEKSTRA, Mr. UPTON, Mr. EHLERS, Ms. RIVERS, Mr. STUPAK,
and Mr. BONIOR) introduced the following bill; which was referred to the
Committee on Agriculture
A BILL
To reauthorize the tree loss assistance program to com-
pensate orchardists and tree farmers who plant trees
for commercial purposes but lose the trees as a result
of a natural disaster.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TREE LOSS ASSISTANCE PROGRAM FOR OR-
CHARDISTS AND TREE FARMERS.
(a) ASSISTANCE AVAILABLE.—Subject to the limita-
tion in subsection (b), the Secretary of Agriculture is au-
thorized to provide assistance under this section to eligible
orchardists and eligible tree farmers that plant or have
planted trees for commercial purposes but lose the trees
as a result of a natural disaster.
(b) LOSS THRESHOLD.—An eligible orchardist or eli-
gible tree farmer shall qualify for assistance under this
section only if the person’s tree mortality, as a result of
the natural disaster, exceeds 15 percent (adjusted for nor-
mal mortality).
(c) TYPES OF ASSISTANCE.—The assistance provided
under this section shall consist of, at the discretion of the
Secretary—
(1) reimbursement of up to 80 percent of the
cost of replanting trees lost as a result of the nat-
ural disaster in excess of 15 percent mortality (ad-
justed for normal mortality);
(2) sufficient seedlings to reestablish the stand;
or
(3) a combination of reimbursement and re-
placement seedlings.
(d) SOURCE OF ASSISTANCE.—To provide assistance
under this section, the Secretary shall use funds of the
Commodity Credit Corporation available for use for emer-
gency purposes.
(e) LIMITATION ON AMOUNT OF ASSISTANCE.—The
total amount of assistance that a person may receive
under this section may not exceed $75,000, or an equiva-
lent value in tree seedlings.
(f) DUPLICATIVE PAYMENTS.—The Secretary shall
establish guidelines to ensure that no person receives du-
plicative payments under this section and the forestry in-
centives program, agricultural conservation program, or
other Federal program.
(g) DEFINITIONS.—In this section:
(1) NATURAL DISASTER.—The term ‘‘natural
disaster’’ includes plant diseases, insect infestations,
drought, fire, freeze, earthquake, or related condi-
tion, as determined by the Secretary.
(2) ELIGIBLE ORCHARDIST.—The term ‘‘eligible
orchardist’’ means a person that produces annual
crops from trees for commercial purposes and owns
500 acres or less of the trees.
(3) ELIGIBLE TREE FARMER.—The term ‘‘eligi-
ble tree farmer’’ means a person that grows trees for
harvest for commercial purposes and owns 1,000
acres or less of the trees.
(h) REGULATIONS.—The Secretary shall issue
regulations—
(1) defining the term ‘‘person’’ for the purposes
of this section, which shall conform, to the extent
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 (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 (e).
(i) RETROACTIVE APPLICATION.—This section ap-
plies with respect to tree losses described in subsection (a)
that are incurred as a result of a natural disaster after
January 1, 2000.
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