Page:United States Statutes at Large Volume 103 Part 1.djvu/606

 103 STAT. 578 PUBLIC LAW 101-82—AUG. 14, 1989 SEC. 125. 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 Federal program. SEC. 126. SENSE OF CONGRESS ON CROP INSURANCE FOR ORCHARD CROPS. It is the sense of Congress that the Secretary of Agriculture should expeditiously expand the availability of multiperil crop insurgince under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to all orchard crops. Subtitle C—Forest Crops SEC. 131. ELIGIBILITY. (a) DROUGHT LOSS.— Subject to the limitation in subsection 0)), the Secretary of Agriculture shall provide assistance, as specified in section 132, to eligible tree farmers that planted tree seedlings in 1988 or 1989 for commercial purposes but lost such seedlings as a result of drought or related condition in 1989, as determined by the Secretary. 0)) LIMITATION.—An eligible tree farmer shall qualify for Eissist- ance under subsection (a) only if such tree farmer's tree seedling mortality, as a result of the natural disaster, exceeds 45 percent (adjusted for normal mortality). SEC. 132. ASSISTANCE. The assistance provided by the Secretary of Agriculture to eligible tree farmers for losses described in section 131 shall consist of either— (1) reimbursement of 65 percent of the cost of replanting seedlings lost due to drought or related conditions in 1989 in excess of 45 percent mortality (adjusted for normal mortality); or (2) at the discretion of the Secretary, sufficient tree seedlings to reestablish the stand. SEC. 133. 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. (b) REGULATIONS. —The Secretary of Agriculture shall issue regu- lations— (1) defining the term "person" for the purposes of this sub- title, 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 the Disaster Assist- ance Act of 1988; and (2) prescribing such rules as the Secretary determines nec- essary to ensure a fair and reasonable application of the limita- tion established under this section.

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