PUBLIC LAW 101-82—AUG. 14, 1989 103 STAT. 577 (1) DAMAGING WEATHER. —The term "damaging weather" in- cludes but is not limited to drought, hail, excessive moisture, freeze, tornado, hurricane, or excessive wind, or any combina- tion thereof. (2) RELATED CONDITION. —The term "related condition" in- cludes but is not limited to insect infestations, plsuit diseases, or other deterioration of a crop of a commodity, including aflatoxin, that is accelerated or exacerbated naturally as a result of damaging weather occurring prior to or during harvest. Subtitle B—Orchards SEC. 121. ELIGIBILITY. (a) DROUGHT LOSS.—Subject to the limitation in subsection (b), the Secretary of Agriculture shall provide assistance, as specified in section 122, to eligible orchardists that planted trees for commercial purposes but lost such trees as a result of freeze or related condition in 1989, as determined by the Secretary. (b) LIMITATION.—An eligible orchardist shall qualify for assistance under subsection (a) only if such orchardist's tree mortality, as a result of the natural disaster, exceeds 45 percent (adjusted for normal mortality). SEC. 122. ASSISTANCE. The assistance provided by the Secretary of Agriculture to eligible orchardists for losses described in section 121 shall consist of either— (1) reimbursement of 65 percent of the cost of replsmting trees lost due to freeze or related condition in 1989 in excess of 45 percent mortality (adjusted for normal mortality); or (2) at the discretion of the Secretary, sufficient seedlings to reestablish the stand. SEC. 123. LIMITATION ON ASSISTANCE. (a) LiMFTATiON.— The total amount of payments that a person shall be entitled to receive under this subtitle may not exceed $25,000, or an equivalent value in tree seedlings. (b) REGULATIONS. —The Secretary of Agriculture shall issue regulations— (1) defining the term "person" for the purposes of this sub- title, which shall conform, to the extent practicable, to the regulations defining the term "person" issued under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) and the Disaster Assistance Act of 1988 (7 U.S.C. 1421 note); and (2) prescribing such rules as the Secretary determines nec- essary to ensure a fair and reasonable application of the limita- tion established under this section. SEC. 124. DEFINITION. As used in this subtitle, the term "eligible orchardist" means a person who produces annual crops from trees for commercial pur- poses and owns 500 acres or less of such trees.
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