I 118th CONGRESS 1st Session H. R. 4739 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.

1. Short title This Act may be cited as the Protecting America’s Orchardists and Nursery Tree Growers Act . 2. Tree assistance program (a) Definitions Section 1501(e)(1) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(e)(1) ) is amended— (1) in subparagraph (A), by inserting or biennial after annual ; and (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 percent (adjusted for normal mortality) and inserting normal mortality ; (2) in paragraph (3)(A)(i), by striking 15 percent mortality (adjusted for normal mortality) and inserting normal mortality ; and (3) in paragraph (3)(B), by striking 15 percent 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 Agricultural 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 assistance 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 orchardist or nursery tree grower shall agree, as a condition on receipt of assistance under this subsection, to carry out any replacement and rehabilitation 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 subparagraph (A) is not adequate for tree survival, at such time as is necessary to ensure tree survival. (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 alternatives The assistance provided by the Secretary to eligible orchardists and nursery tree growers— (i) for losses described in subparagraph (A)(i), may not be greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower planted the variety lost; (ii) for losses described in subparagraph (A)(ii) may not be greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower planted the stand density lost; and (iii) for losses described in subparagraph (A)(iii), may not be greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist 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 following: (8) Exclusion of gross income limitation 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 subsection made to a person or legal entity that has an average adjusted gross income (as defined in such section) of which 75 percent or greater derives from farming, ranching, or silviculture activities. . (f) Notice of application status Section 1501(e) of the Agricultural Act of 2014 ( 7 U.S.C. 9801(e) ) is further amended by adding at the end the following: (9) Notice of application status Not later than 120 days after receiving an application for assistance under this subsection, the Secretary shall— (A) approve or deny such application; and (B) notify the applicant of such approval or denial. .