Page:United States Statutes at Large Volume 104 Part 5.djvu/652

 104 STAT. 3974 PUBLIC LAW 101-624—NOV. 28, 1990 (d) DEFINITION OF ELIGIBLE PRODUCER. —For purposes of this section, the term "eligible producer" means a producer of the 1990 crop of wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans. SEC. 2251. DEFINITIONS. As used in this chapter: (1) DAMAGING WEATHER.—The term "damaging weather" includes but is not limited to drought, hail, excessive moisture, freeze, tornado, hurricane, earthquake, or excessive wind, or any combination thereof. (2) RELATED CONDITION. —The term "related condition" includes but is not limited to insect infestations, plant diseases, or other deterioration of a crop of a commodity, including aflatoxin, that is accelerated or exacerbated naturally as a result of damaging weather occurring prior to or during harvest. Subchapter B—Orchards SEC. 2255. ELIGIBILITY. (a) Loss. —Subject to the limitation in subsection (b), the Secretary of Agriculture shall provide assistance, as specified in section 2256, to eligible orchardists that planted trees for commercial purposes but lost such trees as a result of freeze, earthquake, or related condition in 1990, as determined by the Secretary. 0)) LIMITATION.—An eligible orchardist shall qualify for assistance under subsection (a) only if such orchardist's tree mortality, as a result of the natural disaster, exceeds 35 percent (adjusted for normal mortality). SEC. 2256. ASSISTANCE. The assistance provided by the Secretary of Agriculture to eligible orchardists for losses described in section 2255 shall consist of either— (1) reimbursement of 65 percent of the cost of replanting trees lost due to freeze, earthquake, or related condition in 1990 in excess of 35 percent mortality (adjusted for normal mortality); or (2) at the discretion of the Secretary, sufficient seedlings to reestablish the stand. SEC. 2257. LIMITATION ON ASSISTANCE. (a) LIMITATION. —The total amount of pa3mients that a person shall be entitled to receive under this chapter may not exceed $25,000, or an equivalent value in tree seedlings. (b) REGULATIONS. —The Secretary of Agriculture shall issue regulations— (1) defining the term "person" for the purposes of this chapter, 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 (7 U.S.C. 1308) and the Disaster Assistance Act of 1988 (7 U.S.C. 1421 note); and (2) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section.

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