PolicyBrief
H.R. 8251
119th CongressApr 13th 2026
Protecting America’s Orchardists and Nursery Tree Growers Act
IN COMMITTEE

This bill expands eligibility and flexibility for the Tree Assistance Program to better support orchardists and nursery growers in recovering from natural disasters, pests, and biennial events.

Bill Huizenga
R

Bill Huizenga

Representative

MI-4

LEGISLATION

Tree Assistance Program Overhaul: New Flexibility for Orchardists and a 120-Day Deadline for Federal Disaster Relief.

The Protecting America’s Orchardists and Nursery Tree Growers Act aims to modernize how the government helps farmers recover when their trees are wiped out. By amending the Agricultural Act of 2014, this bill expands the safety net for people who grow everything from apples to ornamental shrubs. It moves away from rigid 'viable production' rules and introduces a clock for federal bureaucrats, requiring the Secretary of Agriculture to either approve or deny disaster assistance applications within 120 days. This shift is designed to get money into the hands of growers faster, allowing them to start the long process of replanting without waiting indefinitely for a status update on their paperwork.

Modernizing the Disaster Definition

Under Section 2, the bill broadens what counts as a 'natural disaster.' Currently, programs often focus on one-off catastrophes like hurricanes or freezes. This legislation adds 'biennial events' and damage caused by 'pests' (not just insects) to the list. For a grower, this means that if a multi-year blight or a specific type of fungus ruins their crop, they are no longer left out in the cold just because the damage didn't happen in a single afternoon. Additionally, the bill removes the requirement that an orchard must currently be 'economically viable' to qualify. This is a huge deal for a farmer whose trees might be aging out or already struggling; they can now get help to replant and pivot their business even if their previous harvest wasn't a blockbuster success.

Flexibility in the Field

One of the most practical changes in this bill is the 'Replanting Alternatives' provision. In the past, disaster relief often forced farmers to replant exactly what they lost—the same tree variety in the same spot. This bill allows growers to use their assistance to plant different varieties, change the density of their trees, or even move the grove to a better location on their property. For example, if a peach grower loses their crop to a specific pest, they could use the funds to replant a pest-resistant variety or move the trees to higher ground to avoid future flooding. The only catch is that the government won't pay extra for these upgrades; the cost-share is capped at what it would have cost to replace the original trees.

Cutting Through the Red Tape

The bill also addresses the 'waiting game' that often plagues federal programs. It mandates that once an application is approved, the grower must carry out the replanting within two years, ensuring that disaster funds are actually used to restore production rather than sitting in a bank account. Perhaps more importantly for the grower’s bottom line, the bill gives the Secretary of Agriculture the power to waive acreage limits. This means that in a major regional disaster, larger family farms that might have previously hit a 'cap' on aid can potentially receive enough support to cover their entire loss, rather than just a small fraction of it. By combining these faster timelines with more flexible planting rules, the bill attempts to make the federal response as adaptable as the farmers themselves.