AMENDMENTS TO THE DISASTER ASSISTANCE ACT OF 1989.

SEC. 2235. AMENDMENTS TO THE DISASTER ASSISTANCE ACT OF 1989. (a) Double Cropping of Nonprogram Crops Grown in a Presidential Disaster Area.— Section 104(a) of the Disaster Assistance Act of 1989 (7 U.S.C. 1421 note) is amended by adding at the end the following new paragraph: “(5) Double cropping.— “(A) Treated separately.— In the case of a 1989 nonprogram crop that is historically double cropped (including two crops of the same commodity) by the producers on a104 STAT. 3960 farm, the Secretary shall treat each cropping separately for purposes of determining under paragraph (1)— “(i) whether the crop was affected by damaging weather or related conditions in 1989; and “(ii) the total quantity of the crop that the producers are able to harvest. “(B) Application of paragraph.— This paragraph shall— “(i) apply only in the case of a 1989 nonprogram crop that is grown in a county declared to be a Presidential disaster area for that crop; and “(ii) not apply in the case of a replacement crop described in section 110.”. (b) Hurricane Hugo Forestry Assistance Act; Cost-Share Assistance.— (1) Establishment.— For the purposes of encouraging tree owners to reestablish stands of trees damaged by Hurricane Hugo, the Secretary of Agriculture (hereafter in this subsection referred to as the “Secretary”) shall develop and implement a cost-share program to provide financial assistance to owners of private timber stands that were damaged, as determined by the Secretary, in 1989 by Hurricane Hugo. This assistance shall only be made available in those counties in South Carolina, North Carolina, Virginia, Puerto Rico, and the United States Virgin Islands declared by the President to be disaster areas as a result of Hurricane Hugo and any county contiguous to those counties. (2) Eligible practices.— Practices eligible for cost-share assistance under this subsection are— (A) reforestation; (B) site preparation; and (C) such other timber stand reestablishment practices as may be prescribed by the Secretary. (3) Private timber stands.— (A) Definition.— For the purpose of this subsection, the term “private timber stand” means a stand of trees damaged by Hurricane Hugo held continuously during the period described in paragraph (1) for commercial purposes by a private individual, group, association, corporation, Indian tribe or other native Indian group, or other legal entity, owning 1,000 acres or less of land planted to trees, except agencies of Federal, State, or local governments. Such term does not include a stand of trees transferred after the date on which such stand was damaged by Hurricane Hugo except for a stand of trees transferred by bequest, devise or inheritance, or acquired from a decedent by reason of death because of the form of ownership or other condition (including trees acquired through the exercise or nonexercise of a power of appointment). (B) Period for purposes of subparagraph (A).— The period referred to in subparagraph (A) is the period beginning on the date on which such trees were damaged by Hurricane Hugo and ending at the time the request is made for assistance under this subsection. (4) Individual forest management plans.— The Secretary may provide assistance under this subsection only after a management plan for the private timber stand has been developed by the holder of the stand in cooperation with, and ap-104 STAT. 3961proved by, the State forester or equivalent State official. Such management plan shall— (A) include provision for the replacement of the timber stand through reforestation by tree plantings or other means; and (B) be the basis for an agreement between the holder and the Secretary under paragraph (5). (5) Cost share.— The Secretary shall enter into agreements to share the cost of implementing eligible practices set forth in the agreement with holders who agree to implement those eligible practices. The amount of the Federal cost-share (including labor) for an eligible practice shall be 75 percent of the total cost of implementing eligible practices. The Secretary may consider, in determining the total cost of implementing eligible practices, any revenues from the sale of timber from private timber stands. (6) Deadline.— Requests for assistance under this subsection must be filed with the Secretary not later than December 31, 1993. (7) Payment limitation.— The total amount of payments that a person shall be entitled to receive under this subsection may not exceed $50,000. The Secretary shall issue regulations defining the term “person” 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). (8) Regulations.— The Secretary shall issue regulations to implement the provisions of this subsection as soon as practicable after the date on which appropriations are made available to carry out this subsection, without regard to the requirement for notice and public participation in rulemaking prescribed in section 553 of title 5, United States Code. (c) Authorization of Appropriations.— Any benefits or assistance provided under this section, or under the amendments made by this section to the Disaster Assistance Act of 1989, shall be provided only to the extent provided for in advance by appropriation acts. To carry out this section, and the amendments made by this section to the Disaster Assistance Act of 1989, there are hereby authorized to be appropriated for fiscal years 1991 through 1995 such sums as are necessary.