Protecting America’s Orchardists and Nursery Tree Growers Act

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.

Section 1501(e)(2)(A) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)(2)(A)) is amended—

(1) 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;

(2) in clause (i)—

(A) by inserting, regardless of production history, after growers;

(B) by inserting, or the trees no longer produce an economically viable crop, after the trees; and

(C) by striking; and and inserting a period; and

(3) by striking clause (ii).

Section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended—

(1) in the matter preceding paragraph (3)(A), by striking and (5) and inserting, (5), and (6); and

(2) in paragraph (4), by adding at the end the following new subparagraph:

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.

Section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended by adding at the end the following:

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.

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.

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.

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:

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.