SA 3756. Mr. ROBERTS submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. HARKIN (for himself, Mr. CHAMBLISS, Mr. BAUCUS, and Mr. GRASSLEY) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 499, strike line 15 and all that follows through page 501, line 2, and insert the following:
(a) Federal Crop Insurance.--Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is amended by adding at the end the following:
``(o) Crop Insurance Ineligibility Relating to Crop Production on Native Sod.--
``(1) DEFINITION OF NATIVE SOD.--In this subsection, the term `native sod' means land--
``(A) on which the plant cover is composed principally of native grasses, grasslike plants, forbs, or shrubs suitable for grazing and browsing; and
``(B) that has never been used for production of an agricultural commodity.
``(2) INELIGIBILITY.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), native sod acreage on which an agricultural commodity is planted for which a policy or plan of insurance is available under this title shall be ineligible for benefits under this Act.
``(B) DE MINIMUS ACREAGE.--
``(i) EXEMPTION.--The Secretary shall exempt areas of 5 acres or less from subparagraph (A).
``(ii) WAIVER.--The Secretary may provide a waiver from the application of subparagraph (A) for areas of 15 acres or less on a case-by-case basis.''.
(b) Noninsured Crop Disaster Assistance.--Section 196(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)) is amended by adding at the end the following:
``(4) PROGRAM INELIGIBILITY RELATING TO CROP PRODUCTION ON NATIVE SOD.--
``(A) DEFINITION OF NATIVE SOD.--In this paragraph, the term `native sod' means land--
``(i) on which the plant cover is composed principally of native grasses, grasslike plants, forbs, or shrubs suitable for grazing and browsing; and
``(ii) that has never been used for production of an agricultural commodity.
``(B) INELIGIBILITY.--Except as provided in subparagraph (C), native sod acreage on which an agricultural commodity is planted for which a policy or plan of Federal crop insurance is available shall be ineligible for benefits under this section.
``(C) DE MINIMUS ACREAGE.--
``(i) EXEMPTION.--The Secretary shall exempt areas of 5 acres or less from subparagraph (B).
``(ii) WAIVER.--The Secretary may provide a waiver from the application of subparagraph (B) for areas of 15 acres or less on a case-by-case basis.''.


(As printed in the Congressional Record for the Senate on Nov 15, 2007.)