[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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