I
105TH CONGRESS
1ST SESSION
H. R. 1489
To establish permanent authority for the provision of assistance to small
orchardists to replace or rehabilitate trees and vineyards damaged by
damaging weather and related conditions and to appropriate funds to
provide such assistance.
IN THE HOUSE OF REPRESENTATIVES
APRIL 30, 1997
Mr. CONDIT (for himself, Mr. FAZIO of California, and Mr. HERGER) intro-
duced the following bill; which was referred to the Committee on Agri-
culture
A BILL
To establish permanent authority for the provision of assist-
ance to small orchardists to replace or rehabilitate trees
and vineyards damaged by damaging weather and related
conditions and to appropriate funds to provide such as-
sistance.
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 ‘‘Permanent Crop Loss
Emergency Assistance Act of 1997’’.
SEC. 2. ASSISTANCE TO ORCHARDISTS FOR REPLANTING
AND RESTORING DAMAGED TREES AND VINE-
YARDS.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ORCHARDIST.—The term ‘‘eligible
orchardist’’ means a person—
(A) who produces annual crops from trees
or vineyards for commercial purposes;
(B) owns 500 acres or less of such trees or
vineyards; and
(C) whose gross annual income from all
sources does not exceed $2,000,000.
(2) DAMAGING WEATHER.—The term ‘‘damag-
ing weather’’ includes drought, hail, excessive mois-
ture, freeze, tornado, hurricane, earthquake, or ex-
cessive wind, or any combination thereof.
(3) RELATED CONDITION.—The term ‘‘related
condition’’ includes insect infestations, plant dis-
eases, or other deterioration of a tree or vineyard
crop that is accelerated or exacerbated naturally as
a result of damaging weather.
(b) ELIGIBILITY.—The Secretary of Agriculture shall
provide assistance, in the manner provided in subsection
(c), to an eligible orchardist that planted trees or a vine-
yard for commercial purposes but, as a result of damaging
weather, a related condition, or both, suffers tree or plant
mortality in excess of 35 percent (adjusted for normal
mortality) during an appropriate period determined by the
Secretary.
(c) PROVISION OF ASSISTANCE.—The assistance pro-
vided by the Secretary to eligible orchardists for losses de-
scribed in subsection (b) shall consist of reimbursement
of 65 percent of the cost of replanting trees or plants lost,
and rehabilitating or restoring trees or plants damaged,
as a result of the damaging weather, the related condition,
or both, in excess of 35 percent mortality (adjusted for
normal mortality).
(d) LIMITATION ON AMOUNT OF ASSISTANCE.—The
total amount of payments that a person shall be entitled
to receive under this section in a calendar year may not
exceed $25,000.
(e) REGULATIONS.—The Secretary shall issue regula-
tions—
(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
(2) prescribing such rules as the Secretary de-
termines necessary to ensure a fair and reasonable
application of the limitation established under sub-
section (d).
(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) APPROPRIATIONS.—There are hereby appro-
priated to the Secretary of Agriculture, out of any funds
in the Treasury not otherwise appropriated, $9,000,000
to provide assistance under this section through the Con-
solidated Farm Service Agency.
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