II 118th CONGRESS 1st Session S. 2682 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Warnock (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 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 ; and (2) in paragraph (3)— (A) in subparagraph (A)(i), by striking 15 percent mortality (adjusted for normal mortality) and inserting normal mortality ; and (B) in subparagraph (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 preceding 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 the receipt of assistance under this subsection, to carry out any replacement and rehabilitation activities for which the assistance is provided not later than— (A) 1 year after the application for the assistance is approved; or (B) if the period described in subparagraph (A) is not adequate for tree survival, such time as is necessary to ensure tree survival. (7) Alternatives used in replanting (A) In general An eligible orchardist or nursery tree grower that receives assistance under this subsection with respect to tree loss may use the 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 Assistance provided for replanting under subparagraph (A) may not exceed— (i) for replanting described in subparagraph (A)(i), 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 replanting described in subparagraph (A)(ii), 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 replanting described in subparagraph (A)(iii), the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower planted in 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) ) (as amended by subsection (d)) is 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 subsection (a) of that section) of which 75 percent or greater is derived 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) ) (as amended by subsection (e)) is 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 the application; and (B) notify the applicant of the approval or denial. .