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7 USC CHAPTER 108 - TREE ASSISTANCE PROGRAM 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 108 - TREE ASSISTANCE PROGRAM

.

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CHAPTER 108 - TREE ASSISTANCE PROGRAM

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Sec.

8201. Definitions.

8202. Eligibility.

(a) Loss.

(b) Limitation.

8203. Assistance.

8204. Limitations on assistance.

(a) Amount.

(b) Acres.

(c) Regulations.

8205. Authorization of appropriations.

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7 USC Sec. 8201 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 108 - TREE ASSISTANCE PROGRAM

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Sec. 8201. Definitions

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In this chapter:

(1) Eligible orchardist

The term ''eligible orchardist'' means a person that produces

annual crops from trees for commercial purposes.

(2) Natural disaster

The term ''natural disaster'' means plant disease, insect

infestation, drought, fire, freeze, flood, earthquake, lightning,

and other occurrence, as determined by the Secretary.

(3) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(4) Tree

The term ''tree'' includes a tree, bush, and vine.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10201, May 13, 2002, 116 Stat.

490.)

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7 USC Sec. 8202 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 108 - TREE ASSISTANCE PROGRAM

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Sec. 8202. Eligibility

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(a) Loss

Subject to subsection (b) of this section, 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) Limitation

An eligible orchardist shall qualify for assistance under

subsection (a) of this title 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).

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10202, May 13, 2002, 116 Stat.

490.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8203 of this title.

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7 USC Sec. 8203 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 108 - TREE ASSISTANCE PROGRAM

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Sec. 8203. Assistance

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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.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10203, May 13, 2002, 116 Stat.

491.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8202 of this title.

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7 USC Sec. 8204 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 108 - TREE ASSISTANCE PROGRAM

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Sec. 8204. Limitations on assistance

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(a) Amount

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) Acres

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) Regulations

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; and

(2) promulgating such regulations as the Secretary determines

necessary to ensure a fair and reasonable application of the

limitation established under this section.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10204, May 13, 2002, 116 Stat.

491.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8203 of this title.

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7 USC Sec. 8205 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 108 - TREE ASSISTANCE PROGRAM

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Sec. 8205. Authorization of appropriations

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There are authorized to be appropriated such sums as are

necessary to carry out this chapter.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10205, May 13, 2002, 116 Stat.

491.)

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