SA 3634. Ms. CANTWELL (for herself, Mrs. Murray, Mr. Wyden, Ms. Stabenow, Mr. Craig, and Mr. Casey) submitted an amendment intended to be proposed by her to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 1378, strike line 17 and all that follows through page 1380, line 14, and insert the following:
``(e) Tree Assistance Program.--
``(1) DEFINITIONS.--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 GROWER.--The term `nursery tree grower' means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary.
``(D) TREE.--The term `tree' includes a tree, bush, and vine.
``(2) ELIGIBILITY.--
``(A) LOSS.--Subject to subparagraph (B), the Secretary shall provide assistance 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.
``(B) LIMITATION.--An eligible orchardist shall qualify 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 (adjusted for normal mortality).
``(3) ASSISTANCE.--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 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
``(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) AMOUNT.--The total amount of payments that a person shall be entitled to receive under this subsection may not exceed $100,000 per year, or an equivalent value in tree seedlings.
``(B) ACRES.--The total quantity of acres planted to trees or tree seedlings for which a person shall be entitled to receive payments under this subsection may not exceed 500 acres.
``(C) REGULATIONS.--The Secretary shall promulgate --
``(i) regulations defining the term `person' for the purposes of this subsection, which shall conform, to the maximum extent practicable, to the regulations defining the term `person' promulgated under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308); and
``(ii) such regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this paragraph.''.
On page 1390, between lines 9 and 10, insert the following:
``(5) EXCEPTION.--Paragraph (1) does not apply to eligible orchardists and nursery tree growers described in subsection (e).''.
On page 1391, line 11, before the period at the end insert ``(other than subsection (e))''.


(As printed in the Congressional Record for the Senate on Nov 13, 2007.)