§ 8201. Definitions

In this chapter:

• (1) The term “eligible orchardist” means a person that produces annual crops from trees for commercial purposes.
• (2) The term “natural disaster” means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, and other occurrence, as determined by the Secretary.
• (3) The term “Secretary” means the Secretary of Agriculture.
• (4) The term “tree” includes a tree, bush, and vine.

§ 8202. Eligibility

• (a) Subject to subsection (b), the Secretary shall provide assistance under section 8203 of this title to eligible orchardists that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary.
• (b) An eligible orchardist shall qualify for assistance under subsection (a) only if the tree mortality of the eligible orchardist, as a result of damaging weather or related condition, exceeds 15 percent (adjusted for normal mortality).

§ 8203. Assistance

Subject to section 8204 of this title , the assistance provided by the Secretary to eligible orchardists for losses described in section 8202 of this title shall consist of—

• (1) reimbursement of 75 percent of the cost of replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of 15 percent mortality (adjusted for normal mortality); or
• (2) at the option of the Secretary, sufficient seedlings to reestablish a stand.

§ 8204. Limitations on assistance

• (a) The total amount of payments that a person shall be entitled to receive under this chapter may not exceed $75,000, or an equivalent value in tree seedlings.
• (b) The total quantity of acres planted to trees or tree seedlings for which a person shall be entitled to receive payments under this chapter may not exceed 500 acres.
• (c) The Secretary shall promulgate regulations—
  • (1) defining the term “person” for the purposes of this chapter, which shall conform, to the maximum extent practicable, to the regulations defining the term “person” promulgated under section 1308 of this title (before the amendment made by section 1603(a) 1 1 See References in Text note below. of the Food, Conservation, and Energy Act of 2008); and
  • (2) promulgating such regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section.

§ 8205. Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this chapter.