[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4133 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4133
To expand the Tree Assistance Program of the Department of Agriculture
to assist agricultural producers to pay the costs of replanting
commercially grown trees and seedlings, ornamental plants, and other
perennial plants that are destroyed by damaging weather or related
condition and to change the manner of determining crop yields for trees
and seedlings, ornamental plants, and other perennial plants for
purposes of emergency crop loss assistance.
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IN THE HOUSE OF REPRESENTATIVES
March 24, 1994
Mr. Grandy (for himself, Mr. Rose, Mr. Lewis of Florida, Mr. Lightfoot,
Mr. Leach, and Mr. Nussle) introduced the following bill; which was
referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To expand the Tree Assistance Program of the Department of Agriculture
to assist agricultural producers to pay the costs of replanting
commercially grown trees and seedlings, ornamental plants, and other
perennial plants that are destroyed by damaging weather or related
condition and to change the manner of determining crop yields for trees
and seedlings, ornamental plants, and other perennial plants for
purposes of emergency crop loss assistance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXPANSION OF TREE ASSISTANCE PROGRAM.
Subchapter C of chapter 3 of subtitle B of title XXII of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 7
U.S.C. 1421 note) is amended to read as follows:
``Subchapter C--Forest Crops and Perennial Plants
``SEC. 2261. ELIGIBILITY.
``(a) Loss.--Subject to the limitation in subsection (b), the
Secretary of Agriculture shall provide assistance under this subchapter
to eligible agricultural producers who, as a result of damaging weather
or related condition in a year, lose trees or seedlings, ornamental
plants, or other perennial plants being grown by the producer for
commercial purposes. In determining losses, the Secretary shall
consider plants raised in containers or field production. The existence
of damaging weather or related condition shall be determined by the
Secretary.
``(b) Limitation.--An eligible agricultural producer shall qualify
for assistance under subsection (a) only if the loss, as a result of
the damaging weather or related condition, that is incurred by the
producer to the trees, ornamental plants, or other perennial plants for
which assistance is sought exceeds 35 percent (adjusted for normal
mortality). Except in determining the level of normal mortality, the
Secretary shall not consider the year in which the tree or plant was
planted for purposes of determining eligibility for assistance under
this subchapter.
``SEC. 2262. ASSISTANCE.
``The assistance provided by the Secretary of Agriculture to
eligible agricultural producers for losses described in section 2261
shall consist of reimbursement of 65 percent of the cost of replanting
trees, ornamental plants, or other perennial plants lost due to the
damaging weather or related condition in a year in excess of 35 percent
mortality (adjusted for normal mortality).
``SEC. 2263. LIMITATION ON ASSISTANCE.
``(a) Limitation.--The total amount of payments that a person may
receive under this subchapter for losses incurred in a particular year
may not exceed $25,000, or an equivalent value in replacements.
``(b) Regulations.--The Secretary of Agriculture shall issue
regulations--
``(1) defining the term `person' for the purposes of this
subchapter, which shall conform, to the extent practicable, to
the regulations defining the term ``person'' issued under
section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308)
and the Disaster Assistance Act of 1988 (Public Law 100-387; 7
U.S.C. 1421 note); and
``(2) prescribing such rules as the Secretary determines
necessary to ensure a fair and reasonable application of the
limitation established under subsection (a).
``SEC. 2264. DEFINITIONS.
``As used in this subchapter:
``(1) Eligible agricultural producer.--The term `eligible
agricultural producer' means a person who, on 1,000 acres or
less, grows trees or seedlings, ornamental plants, or other
perennial plants for commercial purposes either through sale of
the tree or plant itself or sale of a crop harvested from the
tree or plant. Such term shall include tree farmers and nursery
growers who meet the acreage limitation specified in this
paragraph.
``(2) Perennial plant.--The term `perennial plant' shall
include low growing perennial turfgrass sod, but shall not
include any perennial grass that is being grown for purposes
other than ornamental use.
``SEC. 2265. DUPLICATIVE PAYMENTS.
``The Secretary of Agriculture shall establish guidelines to ensure
that no person receives duplicative payments under this subchapter and
the forestry incentives program, agricultural conservation program, or
other Federal crop loss assistance program.''.
SEC. 2. CROP YIELDS FOR EMERGENCY CROP LOSS ASSISTANCE FOR CERTAIN
NONPROGRAM CROPS.
Section 2244(d)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1421 note) is amended
by adding at the end the following new subparagraph:
``(E) Special rules for certain nonprogram crops.--
In the case of trees or seedlings, ornamental plants,
or other perennial plants included in the definition of
nonprogram crop, the Commodity Credit Corporation shall
adjust upward the historical yield determined under
subparagraph (B) or (C) for a producer to reflect any
increased production that was anticipated by the
producer in the crop year for which disaster payments
are sought under this section if the crops necessary to
achieve such increased production were actually being
grown at the time of the damaging weather or related
condition.''.
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