H.R. 4133 (103rd): To expand the Tree Assistance Program of the Department of Agriculture to assist agriculture producers to pay ...

...the costs of replanting commercially grown trees and seedlings, ornamental plants, and other perennial plants that are destroy

103rd Congress, 1993–1994. Text as of Mar 24, 1994 (Introduced).

Status & Summary | PDF | Source: GPO

HR 4133 IH

103d CONGRESS

2d Session

H. R. 4133

To expand the Tree Assistance Program of the Department of Agriculture to assist agricultural producers to pay the costs of replanting commercially grown trees and seedlings, ornamental plants, and other perennial plants that are destroyed by damaging weather or related condition and to change the manner of determining crop yields for trees and seedlings, ornamental plants, and other perennial plants for purposes of emergency crop loss assistance.

IN THE HOUSE OF REPRESENTATIVES

March 24, 1994

Mr. GRANDY (for himself, Mr. ROSE, Mr. LEWIS of Florida, Mr. LIGHTFOOT, Mr. LEACH, and Mr. NUSSLE) introduced the following bill; which was referred to the Committee on Agriculture


A BILL

To expand the Tree Assistance Program of the Department of Agriculture to assist agricultural producers to pay the costs of replanting commercially grown trees and seedlings, ornamental plants, and other perennial plants that are destroyed by damaging weather or related condition and to change the manner of determining crop yields for trees and seedlings, ornamental plants, and other perennial plants for purposes of emergency crop loss assistance.

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

SECTION 1. EXPANSION OF TREE ASSISTANCE PROGRAM.

    Subchapter C of chapter 3 of subtitle B of title XXII of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1421 note) is amended to read as follows:

‘Subchapter C--Forest Crops and Perennial Plants

‘SEC. 2261. ELIGIBILITY.

    ‘(a) LOSS- Subject to the limitation in subsection (b), the Secretary of Agriculture shall provide assistance under this subchapter to eligible agricultural producers who, as a result of damaging weather or related condition in a year, lose trees or seedlings, ornamental plants, or other perennial plants being grown by the producer for commercial purposes. In determining losses, the Secretary shall consider plants raised in containers or field production. The existence of damaging weather or related condition shall be determined by the Secretary.

    ‘(b) LIMITATION- An eligible agricultural producer shall qualify for assistance under subsection (a) only if the loss, as a result of the damaging weather or related condition, that is incurred by the producer to the trees, ornamental plants, or other perennial plants for which assistance is sought exceeds 35 percent (adjusted for normal mortality). Except in determining the level of normal mortality, the Secretary shall not consider the year in which the tree or plant was planted for purposes of determining eligibility for assistance under this subchapter.

‘SEC. 2262. ASSISTANCE.

    ‘The assistance provided by the Secretary of Agriculture to eligible agricultural producers for losses described in section 2261 shall consist of reimbursement of 65 percent of the cost of replanting trees, ornamental plants, or other perennial plants lost due to the damaging weather or related condition in a year in excess of 35 percent mortality (adjusted for normal mortality).

‘SEC. 2263. LIMITATION ON ASSISTANCE.

    ‘(a) LIMITATION- The total amount of payments that a person may receive under this subchapter for losses incurred in a particular year may not exceed $25,000, or an equivalent value in replacements.

    ‘(b) REGULATIONS- The Secretary of Agriculture shall issue regulations--

      ‘(1) defining the term ‘person’ for the purposes of this subchapter, 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 (Public Law 100-387; 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 (a).

‘SEC. 2264. DEFINITIONS.

    ‘As used in this subchapter:

      ‘(1) ELIGIBLE AGRICULTURAL PRODUCER- The term ‘eligible agricultural producer’ means a person who, on 1,000 acres or less, grows trees or seedlings, ornamental plants, or other perennial plants for commercial purposes either through sale of the tree or plant itself or sale of a crop harvested from the tree or plant. Such term shall include tree farmers and nursery growers who meet the acreage limitation specified in this paragraph.

      ‘(2) PERENNIAL PLANT- The term ‘perennial plant’ shall include low growing perennial turfgrass sod, but shall not include any perennial grass that is being grown for purposes other than ornamental use.

‘SEC. 2265. DUPLICATIVE PAYMENTS.

    ‘The Secretary of Agriculture shall establish guidelines to ensure that no person receives duplicative payments under this subchapter and the forestry incentives program, agricultural conservation program, or other Federal crop loss assistance program.’.

SEC. 2. CROP YIELDS FOR EMERGENCY CROP LOSS ASSISTANCE FOR CERTAIN NONPROGRAM CROPS.

    Section 2244(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1421 note) is amended by adding at the end the following new subparagraph:

        ‘(E) SPECIAL RULES FOR CERTAIN NONPROGRAM CROPS- In the case of trees or seedlings, ornamental plants, or other perennial plants included in the definition of nonprogram crop, the Commodity Credit Corporation shall adjust upward the historical yield determined under subparagraph (B) or (C) for a producer to reflect any increased production that was anticipated by the producer in the crop year for which disaster payments are sought under this section if the crops necessary to achieve such increased production were actually being grown at the time of the damaging weather or related condition.’.