Page:United States Statutes at Large Volume 122.djvu/2187

 12 2 STA T . 21 64PUBLIC LA W 11 0– 246 —J U NE 1 8, 2008 grazin g l an d d u ring the20 0 8c alendar y ear , the S ec - retary s hall ta k es p ecial c o nsideration to pro v ide e q ui- ta b le relie f in cases in w hich the eligible livestock producer failed to m eet the requirements of subpara- graph (A) due to the enactment of this subtitle after the closing date of sales periods for crop insurance under subtitle A and the noninsured crop assistance program .‘ ‘( 6 ) NODUPLICAT I VE PA YM E N T S . — ‘‘(A) I N G ENE R AL.—An eligible livestock producer may elect to receive assistance for grazing or pasture feed losses due to drought conditions under paragraph ( 3 ) or fire under paragraph ( 4 ), but not both for the same loss, as determined by the Secretary. ‘‘( B ) R ELATIONS H IP TO SUPPLEMENTAL REVENUE ASSIST- ANCE.—An eligible livestock producer that receives assist- ance under this subsection may not also receive assistance for losses to crops on the same land with the same intended use under subsection (b). ‘‘(e) E MERGENCY ASSISTANCE F OR L IVESTOC K , H ONEY BEES, AND F ARM-RAISED FISH.— ‘‘( 1 ) IN GENERAL.— T he Secretary shall use up to $5 0,000,000 per year from the Trust Fund to provide emergency relief to eligible producers of livestock, honey bees, and farm- raised fish to aid in the reduction of losses due to disease, adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b), (c), or (d). ‘‘(2) U SE OF FUNDS.—Funds made available under this sub- section shall be used to reduce losses caused by feed or water shortages, disease, or other factors as determined by the Sec- retary. ‘‘(3) AVAILA B ILITY OF FUNDS.—Any funds made available under this subsection shall remain available until e x pended. ‘‘(f) TREE ASSISTANCE P ROGRAM.— ‘‘(1) D EFINITIONS.—In this subsection

‘‘(A) ELIGIBLE ORCHARDIST.—The term ‘eligible orchardist ’ means a person that produces annual crops from trees for commercial purposes. ‘‘(B) NATURAL DISASTER.—The term ‘natural disaster’ means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary. ‘‘( C ) NURSERY TREE GRO W ER.—The term ‘nursery tree grower’ means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as deter- mined by the Secretary. ‘‘(D) TREE.—The term ‘tree’ includes a tree, bush, and vine. ‘‘(2) ELIGIBILITY.— ‘‘(A) LOSS.—Sub j ect to subparagraph (B), the Secretary shall provide assistance— ‘‘(i) under paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary and

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