[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2682 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2682

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


_______________________________________________________________________


                   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.

    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''; 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.''.
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