[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1489 Introduced in House (IH)]







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) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL


 
  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.

    Be it enacted by the Senate and House of Representatives 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 VINEYARDS.

    (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 ``damaging weather'' 
        includes drought, hail, excessive moisture, freeze, tornado, 
        hurricane, earthquake, or excessive wind, or any combination 
        thereof.
            (3) Related condition.--The term ``related condition'' 
        includes insect infestations, plant diseases, 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 vineyard 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 provided by the 
Secretary to eligible orchardists for losses described 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 regulations--
            (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 Security Act of 1985 (7 U.S.C. 1308); and
            (2) prescribing such rules as the Secretary determines 
        necessary to ensure a fair and reasonable application of the 
        limitation established under subsection (d).
    (f) Duplicative Payments.--The Secretary shall establish guidelines 
to ensure that no person receives duplicative payments under this 
section and the forestry incentives program, agricultural conservation 
program, or other Federal program.
    (g) Appropriations.--There are hereby appropriated 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 Consolidated Farm Service Agency.
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