Section 1 Short title
This Act may be cited as the “Protecting America’s Orchardists and Nursery Tree Growers Act”.
Protecting America’s Orchardists and Nursery Tree Growers Act
A BILL
To amend the Agricultural Act of 2014 with respect to the tree assistance program, and for other purposes.
Sec. 2 Tree assistance program
in subparagraph (A), by inserting “or biennial” after “annual”; and
in subparagraph (B), by inserting “or pest” after “insect”.
Economic viability— Section 1501(e)(2)(A) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)(2)(A)) is amended—
in the matter preceding clause (i), by striking “provide” and all that follows through “under paragraph (3) to” and inserting “provide assistance under paragraph (3) to”;
in clause (i)—
by inserting “, regardless of production history,” after “growers”;
by inserting “, or the trees no longer produce an economically viable crop,” after “the trees”; and
by striking “; and” and inserting a period; and
by striking clause (ii).
in the matter preceding paragraph (3)(A), by striking “and (5)” and inserting “, (5), and (6)”; and
in paragraph (4), by adding at the end the following new subparagraph:
“(C) Acreage limitation adjustments—The Secretary shall have discretion to modify or waive, in whole or in part, the acreage limitation described under subparagraph (B), as the Secretary determines appropriate.”
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 requirement—As a condition for receiving assistance under this subsection, an eligible orchardist or nursery tree grower shall agree to carry out any activity for which such assistance is provided not later than—
“(A) 2 years after the date on which the Secretary notifies such eligible orchardist or nursery tree grower of an approval under paragraph (9); or
“(B) if the period described under subparagraph (A) is not adequate for tree survival, at such time as is necessary to ensure tree survival.
“(7) Alternatives for replanting trees
“(A) In general—An eligible orchardist or nursery tree grower receiving assistance under this subsection may use such assistance to replant using—
“(i) an alternative variety of tree from the variety planted prior to the tree loss for which such assistance is provided;
“(ii) an alternative stand density from the stand density planted prior to such loss; and
“(iii) an alternative location from the location in which such loss occurred.
“(B) Cost share limitations with respect to alternatives—The assistance provided under this subsection to an eligible orchardist or nursery tree grower shall be in an amount that is not greater than the amount such eligible orchardist or nursery tree grower would receive if such eligible orchardist or nursery tree grower replanted using—
“(i) for an alternative described under subparagraph (A)(i), the variety of tree planted prior to the tree loss for which such assistance is provided;
“(ii) for an alternative described under subparagraph (A)(ii), the stand density planted prior to such loss; and
“(iii) for an alternative described under subparagraph (A)(iii), the location in which such loss occurred.”
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.”