153 
tree grower, as a result of damaging weather or 
related condition, exceeds 15 percent (adjusted 
for normal mortality). 
(3) ASSISTANCE.—Subject to paragraph (4), 
the assistance provided by the Secretary to eligible 
orchardists and nursery tree growers for losses de-
scribed in paragraph (2) shall consist of— 
(A)(i) reimbursement of 65 percent of the 
cost of replanting trees lost due to a natural 
disaster, as determined by the Secretary, in ex-
cess of 15 percent mortality (adjusted for nor-
mal mortality); or 
(ii) at the option of the Secretary, suffi-
cient seedlings to reestablish a stand; and 
(B) reimbursement of 50 percent of the 
cost of pruning, removal, and other costs in-
curred by an eligible orchardist or nursery tree 
grower to salvage existing trees or, in the case 
of tree mortality, to prepare the land to replant 
trees as a result of damage or tree mortality 
due to a natural disaster, as determined by the 
Secretary, in excess of 15 percent damage or 
mortality (adjusted for normal tree damage and 
mortality). 
(4) LIMITATIONS ON ASSISTANCE.— 
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154 
(A) DEFINITIONS OF LEGAL ENTITY AND 
PERSON.—In this paragraph, the terms ‘‘legal 
entity’’ and ‘‘person’’ have the meaning given 
those terms in section 1001(a) of the Food Se-
curity Act of 1985 (7 U.S.C. 1308(a)). 
(B) AMOUNT.—The total amount of pay-
ments received, directly or indirectly, by a per-
son or legal entity (excluding a joint venture or 
general partnership) under this subsection may 
not exceed $100,000 for any crop year, or an 
equivalent value in tree seedlings. 
(C) ACRES.—The total quantity of acres 
planted to trees or tree seedlings for which a 
person or legal entity shall be entitled to receive 
payments under this subsection may not exceed 
500 acres. 
(f) PAYMENTS.— 
(1) PAYMENT LIMITATIONS.— 
(A) DEFINITIONS OF LEGAL ENTITY AND 
PERSON.—In this subsection, the terms ‘‘legal 
entity’’ and ‘‘person’’ have the meanings given 
those terms in section 1001(a) of the Food Se-
curity Act of 1985 (7 U.S.C. 1308(a)). 
(B) AMOUNT.—The total amount of dis-
aster assistance payments received, directly or 
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155 
indirectly, by a person or legal entity (excluding 
a joint venture or general partnership) under 
this section (excluding payments received under 
subsection (e)) may not exceed $100,000 for 
any crop year. 
(C) DIRECT
ATTRIBUTION.—Subsections 
(d) and (e) of section 1001 of the Food Secu-
rity Act of 1985 (7 U.S.C. 1308) or any suc-
cessor provisions relating to direct attribution 
shall apply with respect to assistance provided 
under this section. 
(2) PAYMENT DELIVERY.—The Secretary shall 
make payments under this section after October 1, 
2013, for losses incurred in the 2012 and 2013 fis-
cal years, and as soon as practicable for losses in-
curred in any year thereafter. 
Subtitle F—Administration 
SEC. 1601. ADMINISTRATION GENERALLY. 
(a) USE OF COMMODITY CREDIT CORPORATION.— 
The Secretary shall use the funds, facilities, and authori-
ties of the Commodity Credit Corporation to carry out this 
title. 
(b) DETERMINATIONS
BY SECRETARY.—A deter-
mination made by the Secretary under this title shall be 
final and conclusive. 
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(c) REGULATIONS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, not later than 90 days after 
the date of enactment of this Act, the Secretary and 
the Commodity Credit Corporation, as appropriate, 
shall promulgate such regulations as are necessary 
to implement this title and the amendments made by 
this title. 
(2) PROCEDURE.—The promulgation of the reg-
ulations and administration of this title and the 
amendments made by this title and sections 11001 
and 11012 shall be made without regard to— 
(A) the notice and comment provisions of 
section 553 of title 5, United States Code; 
(B) chapter 35 of title 44, United States 
Code (commonly known as the ‘‘Paperwork Re-
duction Act’’); and 
(C) the Statement of Policy of the Sec-
retary of Agriculture effective July 24, 1971 
(36 Fed. Reg. 13804), relating to notices of 
proposed rulemaking and public participation in 
rulemaking. 
(3) CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING.—In carrying out this subsection, the Sec-
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