Page:United States Statutes at Large Volume 104 Part 5.djvu/653

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3975 SEC. 2258. DEFINITION. As used in this chapter, the term "eligible orchardist" means a person who produces annual crops from trees for commercial purposes and owns 500 acres or less of such trees. SEC. 2259. DUPLICATIVE PAYMENTS. The Secretary of Agriculture shall establish guidelines to ensure that no person receives duplicative payments under this chapter and the forestry incentives program, agricultural conservation program, or other Federal program. Subchapter C—Forest Crops SEC. 2261. ELIGIBILITY. (a) Loss.—Subject to the limitation in subsection (b), the Secretary of Agriculture shall provide assistance, as specified in section 2262, to eligible tree farmers that planted tree seedlings in 1989 or 1990 for commercial purposes but lost such seedlings as a result of drought, earthquake, or related condition in 1990, as determined by the Secretary. (b) LIMITATION.—An eligible tree farmer shall qualify for assistance under subsection (a) only if such tree farmer's tree seedling mortality, as a result of the natural disaster, exceeds 35 percent (adjusted for normal mortality). SEC. 2262. ASSISTANCE. The assistance provided by the Secretary of Agriculture to eligible tree farmers for losses described in section 2261 shall consist of either— (1) reimbursement of 65 percent of the cost of replanting seedlings lost due to drought, earthquake, or related conditions in 1990 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. 2263. LIMITATION ON ASSISTANCE. (a) LIMITATION.— The total amount of payments 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 and the Disaster Assistance Act of 1988; and (2) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section. SEC. 2264. DEFINITION. As used in this chapter, the term "eligible tree farmer" means a person who grows trees for harvest for commercial purposes and owns 1,000 acres or less of such trees.

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