[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1790 Introduced in House (IH)]

  1st Session
                                H. R. 1790

     To reauthorize the tree loss assistance program to compensate 
 orchardists and tree farmers who plant trees for commercial purposes 
         but lose the trees as a result of a natural disaster.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2001

Mr. Smith of Michigan (for himself, Mr. Rogers of Michigan, Mr. Barcia, 
 Mr. Hoekstra, Mr. Upton, Mr. Ehlers, Ms. Rivers, Mr. Stupak, and Mr. 
   Bonior) introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
     To reauthorize the tree loss assistance program to compensate 
 orchardists and tree farmers who plant trees for commercial purposes 
         but lose the trees as a result of a natural disaster.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TREE LOSS ASSISTANCE PROGRAM FOR ORCHARDISTS AND TREE 
              FARMERS.

    (a) Assistance Available.--Subject to the limitation in subsection 
(b), the Secretary of Agriculture is authorized to provide assistance 
under this section to eligible orchardists and eligible tree farmers 
that plant or have planted trees for commercial purposes but lose the 
trees as a result of a natural disaster.
    (b) Loss Threshold.--An eligible orchardist or eligible tree farmer 
shall qualify for assistance under this section only if the person's 
tree mortality, as a result of the natural disaster, exceeds 15 percent 
(adjusted for normal mortality).
    (c) Types of Assistance.--The assistance provided under this 
section shall consist of, at the discretion of the Secretary--
            (1) reimbursement of up to 80 percent of the cost of 
        replanting trees lost as a result of the natural disaster in 
        excess of 15 percent mortality (adjusted for normal mortality);
            (2) sufficient seedlings to reestablish the stand; or
            (3) a combination of reimbursement and replacement 
        seedlings.
    (d) Source of Assistance.--To provide assistance under this 
section, the Secretary shall use funds of the Commodity Credit 
Corporation available for use for emergency purposes.
    (e) Limitation on Amount of Assistance.--The total amount of 
assistance that a person may receive under this section may not exceed 
$75,000, or an equivalent value in tree seedlings.
    (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) Definitions.--In this section:
            (1) Natural disaster.--The term ``natural disaster'' 
        includes plant diseases, insect infestations, drought, fire, 
        freeze, earthquake, or related condition, as determined by the 
        Secretary.
            (2) Eligible orchardist.--The term ``eligible orchardist'' 
        means a person that produces annual crops from trees for 
        commercial purposes and owns 500 acres or less of the trees.
            (3) Eligible tree farmer.--The term ``eligible tree 
        farmer'' means a person that grows trees for harvest for 
        commercial purposes and owns 1,000 acres or less of the trees.
    (h) 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 the 
        Disaster Assistance Act of 1988 (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 (e).
    (i) Retroactive Application.--This section applies with respect to 
tree losses described in subsection (a) that are incurred as a result 
of a natural disaster after January 1, 2000.
                                 <all>