,i #aahth ,,congress #ast ,session ,h4 ,r4 #dgci ,,in ,,the ,,house ,,of ,,representatives ,july #ai1 #bjbc ,mr4 ,huizenga 7for himself and ,mr4 ,panetta7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to amend the ,agricultural ,act of #bjad with respect to the tree assistance program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,america's ,orchardists and ,nursery ,tree ,growers ,act4 #b4 ,tree assistance program 7a7 ,definitions ,section #aeja7;e77#a7 of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijha7;e77#a77 is amended-- 7#a7 in subparagraph 7,a71 by inserting or biennial after annual2 and 7#b7 in subparagraph 7,b71 by inserting or pest after insect4 7b7 ,lowering mortality threshold ,section #aeja7;e7 of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijha7;e77 is amended-- 7#a7 in paragraph 7#b77;,b71 by striking #ae percent 7adjusted for normal mortality7 and inserting normal mortality2 7#b7 in paragraph 7#c77;,a77i71 by striking #ae percent mortality 7adjusted for normal mortality7 and inserting normal mortality2 and 7#c7 in paragraph 7#c77;,b71 by striking #ae percent damage or mortality 7adjusted for normal tree damage and mortality and inserting normal tree damage or mortality4 7c7 ,assistance ,section #aeja7;e77#c7 of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijha7;e77#c77 is amended in the matter before subparagraph 7,a7 by striking and 7#e7 and inserting 7#e71 and 7#f74 7d7 ,requirements with respect to assistance ,section #aeja7;e7 of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijha7;e77 is amended by adding at the end the following3 7#f7 ,timing requirements ,an eligible orchardist or nursery tree grower shall agree1 as a condition on receipt of assistance under this subsection1 to carry out any replacement and rehabilitation activities for which such assistance is provided not later than-- 7,a7 #ab months after the application for such assistance is approved2 or 7,b7 if the period specified in subparagraph 7,a7 is not adequate for tree survival1 at such time as is necessary to ensure tree survival4 7#g7 ,alternatives used in replanting 7,a7 ,in general ,an eligible orchardist or nursery tree grower receiving assistance under this subsection with respect to tree loss may use such assistance to replant using-- 7i7 an alternative variety2 7ii7 an alternative stand density2 and 7iii7 an alternative location than was used prior to the loss4 7,b7 ,limitations with respect to alternatives ,the assistance provided by the ,secretary to eligible orchardists and nursery tree growers-- 7i7 for losses described in subparagraph 7,a77i71 may not be greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower planted the variety lost2 7ii7 for losses described in subparagraph 7,a77ii7 may not be greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower planted the stand density lost2 and 7iii7 for losses described in subparagraph 7,a77iii71 may not be greater than the amount the eligible orchardist or nursery tree grower would receive if the eligible orchardist or nursery tree grower planted the location in which the loss occurred4 4 7e7 ,exclusion of gross income limitation ,section #aeja7;e7 of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ihja7;e77 is further amended by adding at the end the following3 7#h7 ,exclusion of gross income limitation ,subsection 7b7 of section #ajja;,d of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh-c;a7 shall not apply with respect to assistance under this subsection made to a person or legal entity that has an average adjusted gross income 7as defined in such section7 of which #ge percent or greater derives from farming1 ranching1 or silviculture activities4 4 7f7 ,notice of application status ,section #aeja7;e7 of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ihja7;e77 is further amended by adding at the end the following3 7#i7 ,notice of application status ,not later than #abj days after receiving an application for assistance under this subsection1 the ,secretary shall-- 7,a7 approve or deny such application2 and 7,b7 notify the applicant of such approval or denial4 4