Page:United States Statutes at Large Volume 122.djvu/2188

 12 2 STA T . 21 65PUBLIC LA W 11 0– 2 4 6 —J U NE 1 8, 2008 ‘ ‘ (i i )underpa ra g rap h ( 3 )( B ) to e l igi b le or c hardi s ts and nurser y tree gro w ers that ha v e a production his - tory f or co m mercial purposes on planted or e x isting trees but lost the trees as a result of a natural disaster , as determined by the S ecretary . ‘‘(B) LIM I TA TI ON . —A n eligible orchardist or nursery tree grower shall q ualify for assistance under subparagraph (A) only if the tree mortality of the eligible orchardist or nursery tree grower, as a result of damaging weather or related condition, exceeds 15 percent (ad j usted for normal mortality). ‘‘(3) A S SISTAN CE .—Subject to paragraph ( 4 ), the assistance provided by the Secretary to eligible orchardists and nursery tree growers for losses described in paragraph ( 2 ) shall consist of— ‘‘(A)(i) reimbursement of 70 percent of the cost of replanting trees lost due to a natural disaster, as deter- mined by the Secretary, in excess of 15 percent mortality (adjusted for normal mortality) or ‘‘(ii) at the option of the Secretary, sufficient seedlings to reestablish a stand; and ‘‘(B) reimbursement of 50 percent of the cost of pruning, removal, and other costs incurred by an eligible orchardist or nursery tree grower to salvage existing trees or, in the case of tree mortality, to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster, as determined by the Secretary, in excess of 15 percent damage or mortality (adjusted for normal tree damage and mortality). ‘‘(4) LIMITATIONS ON ASSISTANCE.— ‘‘(A) D E F INITIONS OF L E G AL ENTIT Y AN DP E R SON.— I n this paragraph, the terms ‘legal entity ’ and ‘person’ have the meaning given those terms in section 1001(a) of the F ood Security Act of 1 98 5(7 U .S. C . 1308(a) (as amended by section 1 6 03 of the Food, Conservation, and E nergy Act of 2008). ‘‘(B) AMO U NT.— T he total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this sub- section may not exceed $ 100,000 for any crop year, or an equivalent value in tree seedlings. ‘‘(C) ACRES.—The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive payments under this subsection may not exceed 500 acres. ‘‘(g) R IS KM ANAGEMENT P URC H ASE RE Q UIREMENT.— ‘‘(1) IN GENERAL.—Except as otherwise provided in this section, the eligible producers on a farm shall not be eligible for assistance under this section (other than subsection (c)) if the eligible producers on the farm— ‘‘(A) in the case of each insurable commodity of the eligible producers on the farm, did not obtain a policy or plan of insurance under subtitle A (excluding a crop insurance pilot program under that subtitle); or ‘‘(B) in the case of each noninsurable commodity of the eligible producers on the farm, did not file the required paperwor k, and pay the administrative fee by the

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