Page:United States Statutes at Large Volume 102 Part 1.djvu/981

 PUBLIC LAW 100-387—AUG. 11, 1988

102 STAT. 943

Subtitle B—Forest Crops

? use 1421 note.

SEC. 221. ELIGIBILITY. (a) DROUGHT LOSS.—Subject to the limitation in subsection (b), the

Secretary of Agriculture shall provide Eissistance, as specified in section 222, to eligible tree farmers that planted tree seedlings in 1987 or 1988 for commercial purposes but lost such seedlings as a result of the drought or related condition in 1988, as determined by the Secretary. (b) LIMITATION.—An eligible tree farmer shall qualify for assistance under subsection (a) if such tree farmer's tree seedling mortality, as a result of the natural disaster, exceeds 35 percent (adjusted for normal mortality). SEC. 222. ASSISTANCE.

The assistance provided by the Secretary of Agriculture to eligible tree farmers for losses described in section 221 shall consist of either— (1) reimbursement of 65 percent of the cost of replanting seedlings lost due to drought or related conditions in 1988 in excess of 35 percent mortality (adjusted for normal mortality); or (2) at the discretion of the Secretary, sufficient tree seedlings to reestablish the stand. SEC. 223. LIMITATION ON ASSISTANCE.

(a) LIMITATION.—The total amount of payments that a person shall be entitled to receive under this subtitle may not exceed $25,000, or an equivalent value in tree seedlings. 0)) REGULATIONS.—The Secretary of Agriculture shall issue regulations— (1) defining the term "person" for the purposes of this subtitle, 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; and (2) prescribing such rules as the Secretary determines nec. essary to ensure a fair and reasonable application of the limitation established under this section. SEC. 224. DEFINITION.

As used in this subtitle, the term "eligible tree farmer" means a person that produces annual crops from trees for commercial purposes or that grows trees for harvest for commercial purposes, and owns 1,000 acres or less of such trees. SEC. 225. DUPLICATIVE PAYMENTS.

The Secretary of Agriculture shall establish guidelines to ensure that no person receives duplicative payments under this subtitle and the forestry incentives program, agricultural conservation program, or other existing Federal program.

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