Tree assistance program

Section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by inserting or biennial after annual; and (B) in subparagraph (B), by inserting or pest after insect; and (2) 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 the assistance is provided not later than— (A) 2 years after the application for the assistance is approved; or (B) if the period described in subparagraph (A) is not adequate for tree survival, such period 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 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 from the location used prior to the loss. (B) Payment limitations with respect to alternatives Assistance provided for replanting under subparagraph (A) may not exceed— (i) for a use described in subparagraph (A)(i), the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower replanted using the variety lost; (ii) for a use described in subparagraph (A)(ii), the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower replanted using the stand density lost; and (iii) for a use described in subparagraph (A)(iii), the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower replanted in the location in which the loss occurred. (8) 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 the approval or denial. (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..