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) Economic viability Section 1501(e)(2)(A) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)(2)(A)) is amended— (1) by striking clauses (i) and (ii); and (2) by striking to provide assistance— and inserting to provide assistance under subparagraphs (A) and (B) of paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees or the trees no longer produce an economically viable crop as a result of a natural disaster, as determined by the Secretary.. (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), (6), and (7). (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) 2 years 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 from the variety used prior to the loss; (ii) an alternative stand density from the stand density used prior to the loss; and (iii) an alternative location than was used prior to the loss. (B) Cost share 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), shall be an amount that is not 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) shall be an amount that is not 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), shall be an amount that is not 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) Deadline for notice regarding 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: (8) Deadline for notice regarding 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.. (f) Initial payments under tree assistance program Section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended by adding at the end the following: (9) Initial payments (A) In general An eligible orchardist or nursery tree grower may opt to receive an initial assistance payment with respect to losses described in paragraph (2) before incurring the costs described in paragraph (3) relating to such losses. (B) Amount An initial assistance payment under subparagraph (A) shall be in an amount that is equal to the fair market value of the estimated costs described in paragraph (3) that the eligible orchardist or nursery tree grower is likely to incur with respect to losses described in paragraph (2), as determined by the Secretary. (C) Subsequent payment (i) In general In the case of an eligible orchardist or nursery tree grower that opts to receive an initial payment under subparagraph (A) with respect to losses described in paragraph (2), the Secretary shall, as soon as practicable after providing such initial payment, provide a subsequent payment to the eligible orchardist or nursery tree grower in an amount equal to— (I) the payment amount the eligible orchardist or nursery tree grower would have received with respect to such losses under paragraph (3) or pursuant to paragraph (5); minus (II) the initial payment amount provided to such eligible orchardist or nursery tree grower under subparagraph (B) with respect to such losses. (ii) Overpayment If an initial payment under subparagraph (B) with respect to losses described in paragraph (2) is greater than the amount an eligible orchardist or nursery tree grower would have received under paragraph (3) or pursuant to paragraph (5) for such losses, such eligible orchardist or nursery tree grower shall repay the Secretary the excess amount. (D) Sunset The authority to make payments under this paragraph shall terminate on September 30, 2035..

(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) Economic viability Section 1501(e)(2)(A) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)(2)(A)) is amended— (1) by striking clauses (i) and (ii); and (2) by striking to provide assistance— and inserting to provide assistance under subparagraphs (A) and (B) of paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees or the trees no longer produce an economically viable crop as a result of a natural disaster, as determined by the Secretary.. (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), (6), and (7). (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) 2 years 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 from the variety used prior to the loss; (ii) an alternative stand density from the stand density used prior to the loss; and (iii) an alternative location than was used prior to the loss. (B) Cost share 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), shall be an amount that is not 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) shall be an amount that is not 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), shall be an amount that is not 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) Deadline for notice regarding 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: (8) Deadline for notice regarding 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.. (f) Initial payments under tree assistance program Section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended by adding at the end the following: (9) Initial payments (A) In general An eligible orchardist or nursery tree grower may opt to receive an initial assistance payment with respect to losses described in paragraph (2) before incurring the costs described in paragraph (3) relating to such losses. (B) Amount An initial assistance payment under subparagraph (A) shall be in an amount that is equal to the fair market value of the estimated costs described in paragraph (3) that the eligible orchardist or nursery tree grower is likely to incur with respect to losses described in paragraph (2), as determined by the Secretary. (C) Subsequent payment (i) In general In the case of an eligible orchardist or nursery tree grower that opts to receive an initial payment under subparagraph (A) with respect to losses described in paragraph (2), the Secretary shall, as soon as practicable after providing such initial payment, provide a subsequent payment to the eligible orchardist or nursery tree grower in an amount equal to— (I) the payment amount the eligible orchardist or nursery tree grower would have received with respect to such losses under paragraph (3) or pursuant to paragraph (5); minus (II) the initial payment amount provided to such eligible orchardist or nursery tree grower under subparagraph (B) with respect to such losses. (ii) Overpayment If an initial payment under subparagraph (B) with respect to losses described in paragraph (2) is greater than the amount an eligible orchardist or nursery tree grower would have received under paragraph (3) or pursuant to paragraph (5) for such losses, such eligible orchardist or nursery tree grower shall repay the Secretary the excess amount. (D) Sunset The authority to make payments under this paragraph shall terminate on September 30, 2035..