[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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