[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4739 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4739

    To amend the Agricultural Act of 2014 with respect to the tree 
              assistance program, and for other purposes.


_______________________________________________________________________


                    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.

    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 ``Protecting America's Orchardists and 
Nursery Tree Growers Act''.

SEC. 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.''.
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