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HR 8251

Protecting America’s Orchardists and Nursery Tree Growers Act

119th Congress Introduced by Bill Huizenga and 1 co-sponsor

Expands TAP to broaden eligibility and allow flexible replanting options, timelines, and discretion to support orchards and nursery tree growers after losses.

Introduced in House
0
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Bill Summary · HR 8251

Summary of HR 8251 — Protecting America’s Orchardists and Nursery Tree Growers Act

Proposed by Rep. Huizenga (with Rep. Panetta as cosponsor), HR 8251 amends the Agricultural Act of 2014 to adjust the Tree Assistance Program (TAP) to better support orchardists and nursery tree growers facing losses. The bill focuses on expanding eligibility, flexibility in replanting, timing, and notices to applicants.

1) Purpose and Intent

  • Improve economic viability of tree fruit and nursery operations by refining TAP safeguards.
  • Allow more flexible response to tree loss due to factors like pests, diseases, and other causes (including pest-related issues) and to support replanting with viable options.

2) Key Provisions and Changes

A. Definitions Expanded

  • Updates TAP definitions to include:
    • “Biennial” as a frequency descriptor (in addition to annual).
    • “Pest” as an additional damaging factor alongside “insect.”

B. Economic Viability Criteria

  • Reframes eligibility to help growers even if:
    • No production history is present (i.e., growers without a prior production record can qualify).
    • Trees no longer produce an economically viable crop.
  • Removes previous emphasis on strict production history when assessing viability.

C. Assistance Scope and Discretion

  • Adjusts the general language about providing assistance to allow broader eligibility and potential waivers/adjustments.
  • Adds a new provision granting the Secretary discretion to modify or waive acreage limitations tied to TAP assistance, as appropriate.

D. New Assistance Conditions and Replanting Options

  • Adds a timing requirement:
    • Eligible orchardists/nursery growers must carry out approved activities within 2 years of notification of approval, or as needed to ensure tree survival if 2 years is insufficient.
  • Introduces flexible replanting alternatives:
    • Permits use of assistance for replanting with:
    • Alternative tree variety from the pre-loss variety.
    • Alternative stand density from the pre-loss density.
    • Alternative location from where the loss occurred.
    • Cost-sharing limits tied to the corresponding pre-loss metrics (same variety, density, or location in determining maximum assistance).

E. Notice of Application Status

  • Establishes a clear timeline for decisions:
    • The Secretary must approve or deny TAP applications within 120 days of receipt.
    • Applicants must be notified of the approval or denial.

F. Additional Administrative/Procedural Elements

  • Adds a new subsection referencing a combination of (5) and (6) in the assistance framework, aligning with the above provisions.

3) Who Is Affected

  • Primary: Orchardists and nursery tree growers seeking TAP assistance.
  • Beneficiaries include those:
    • Without prior production history who can demonstrate viability recovery.
    • Experiencing loss due to pests or factors affecting tree viability.
    • Needing flexibility in replanting (variety, density, location).
  • USDA Secretary (or designated agency) role:
    • Implements discretion on acreage adjustments.
    • Manages approval/denial timelines and notification.

4) Procedural and Timeline Aspects

  • Effective upon enactment (introduced April 13, 2026; referred to the House Committee on Agriculture).
  • Key timelines:
    • TAP applications: decision within 120 days of receipt.
    • Replanting activities: must begin within 2 years of approval notification (or sooner if necessary for tree survival).
  • Administrative flexibility:
    • Secretary may modify or waive acreage limits as needed to fit circumstances.

Observations

  • The bill broadens access to TAP for more growers and introduces flexible replanting strategies to support tree survival and recovery.
  • It explicitly ties timely action and survival planning to TAP support, emphasizing practical restoration of orchards and nurseries.
  • If enacted, implementation would require updates to TAP regulations and guidance to reflect the new definitions, timing, and replanting options.

Compiled from official sources — confirm details with the bill’s official record.

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