12 2 STA T . 1 495PUBLIC LA W 11 0– 2 3 4 —M A Y 22 , 200 8‘ ‘ (A)INGE NE RAL.— A nelig i b le li v e stockpr o du cer may elect to receive assistance f or gra z ing or pasture feed losses due to droug h t conditions under paragraph ( 3 ) or fire under paragraph ( 4 ) , but not both for the same loss, as determined by the S ecretary. ‘‘( B ) R ELA TIO N SH I P TOS U PPLE M ENTAL RE V ENUE ASSIST - AN C E.—An eligible livestock producer that receives assist- ance under this subsection may not also receive assistance for losses to crops on the same land w ith the same intended use under subsection (b). ‘‘(e) E MERGENC Y ASSISTANCE F OR L IVESTOC K , H ONEY BEES, AN DF ARM-RAISED FISH.— ‘‘( 1 ) IN GENERAL.— T he Secretary shall use up to $50 ,000,000 per year from the Trust Fund to provide emergency relief to eligible producers of livestock, honey bees, and farm- raised fish to aid in the reduction of losses due to disease, adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b), (c), or (d). ‘‘( 2 ) U SE OF FUNDS.—Funds made available under this sub- section shall be used to reduce losses caused by feed or water shortages, disease, or other factors as determined by the Sec- retary. ‘‘(3) AVAILA B ILITY OF FUNDS.—Any funds made available under this subsection shall remain available until e x pended. ‘‘(f) TREE ASSISTANCE P ROGRAM.— ‘‘(1) D EFINITIONS.—In this subsection
‘‘(A) ELIGIBLE ORCHARDIST.—The term ‘eligible orchardist ’ means a person that produces annual crops from trees for commercial purposes. ‘‘(B) N ATURAL DISASTER.—The term ‘natural disaster’ means plant disease, insect infestation, drought, fire, freeze, flood, earth q uake, lightning, or other occurrence, as determined by the Secretary. ‘‘( C ) NURSERY TREE GRO W ER.—The term ‘nursery tree grower’ means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as deter- mined by the Secretary. ‘‘(D) TREE.—The term ‘tree’ includes a tree, bush, and vine. ‘‘(2) ELIGIBILITY.— ‘‘(A) LOSS.—Sub j ect to subparagraph (B), the Secretary shall provide assistance— ‘‘(i) 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
and ‘‘(ii) under paragraph (3)(B) to eligible orchardists and nursery tree growers that have a production his- tory for commercial purposes on planted or existing trees but lost the trees as a result of a natural disaster, as determined by the Secretary. ‘‘(B) LIMITATION.—An eligible orchardist or nursery tree grower 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
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