SA 3765. Ms. KLOBUCHAR (for herself, Mr. Durbin, and Mr. Brown) 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 210, strike line 15 and all that follows through page 214, line 9, and insert the following:
(c) Modification of Limitation.--
(1) IN GENERAL.--Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a) is amended by striking subsection (b) and inserting the following:
``(b) Limitation.--
``(1) COMMODITY AND CONSERVATION PROGRAMS.--
``(A) COMMODITY PROGRAMS.--Notwithstanding any other provision of law, an individual or entity shall not be eligible to receive any benefit described in paragraph (2)(A) during a crop year if the average adjusted gross income of the individual or entity, or the average adjusted gross income of the individual and spouse of the individual, exceeds--
``(i) $250,000, if less than 66.66 percent of the average adjusted gross income of the individual or entity, or the average adjusted gross income of the individual and spouse of the individual, is derived from farming, ranching, or forestry operations, as determined by the Secretary; or
``(ii) $750,000.
``(B) CONSERVATION PROGRAMS.--Notwithstanding any other provision of law, an individual or entity shall not be eligible to receive any benefit described in paragraph (2)(B) during a crop year if the average adjusted gross income of the individual or entity, or the average adjusted gross income of the individual and spouse of the individual, exceeds $2,500,000, unless not less than 75 percent of the average adjusted gross income of the individual or entity, or the average adjusted gross
income of the individual and spouse of the individual, is derived from farming, ranching, or forestry operations, as determined by the Secretary.
``(2) COVERED BENEFITS.--
``(A) IN GENERAL.--Paragraph (1)(A) applies with respect to the following:
``(i) A direct payment or counter-cyclical payment under part I or III of subtitle A of title I of the Food and Energy Security Act of 2007.
``(ii) A marketing loan gain or loan deficiency payment under part II or III of subtitle A of title I of the Food and Energy Security Act of 2007.
``(iii) An average crop revenue payment under subtitle B of title I of Food and Energy Security Act of 2007.
``(B) CONSERVATION PROGRAMS.--Paragraph (1)(B) applies with respect to a payment under any program under--
``(i) title XII of this Act;
``(ii) title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171; 116 Stat. 223); or
``(iii) title II of the Food and Energy Security Act of 2007.
``(3) INCOME DERIVED FROM FARMING, RANCHING OR FORESTRY OPERATIONS.--In determining what portion of the average adjusted gross income of an individual or entity is derived from farming, ranching, or forestry operations, the Secretary shall include income derived from--
``(A) the production of crops, livestock, or unfinished raw forestry products;
``(B) the sale, including the sale of easements and development rights, of farm, ranch, or forestry land or water or hunting rights;
``(C) the sale of equipment to conduct farm, ranch, or forestry operations;
``(D) the rental or lease of land used for farming, ranching, or forestry operations, including water or hunting rights;
``(E) the provision of production inputs and services to farmers, ranchers, and foresters;
``(F) the processing (including packing), storing (including shedding), and transporting of farm, ranch, and forestry commodities;
``(G) the sale of land that has been used for agriculture; and
``(H) payments or other income attributable to benefits received under any program authorized under title I or II of the Food and Energy Security Act of 2007.''.
(2) INCREASED FUNDING FOR CERTAIN PROGRAMS.--In addition to the amounts made available under other provisions of this Act and amendments made by this Act, of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out--
(A) the grassland reserve program established under subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.), an additional $20,000,000 for the period of fiscal years 2013 through 2017;
(B) the provision of assistance for community food projects under section 25 of the Food and Nutrition Act of 2007 (7 U.S.C. 2034) (as amended by section 4801(g)), an additional $10,000,000 for each of fiscal years 2013 through 2016;
(C) the beginning farmer and rancher individual development accounts pilot program established under section 333B of the Consolidated Farm and Rural Development Act (as added by section 5201), an additional $5,000,000 for each of fiscal years 2013 through 2017;
(D) the program of grants to encourage State initiatives to improve broadband service established under section 6202, an additional--
(i) $40,000,000 for the period of fiscal years 2009 through 2012; and
(ii) $30,000,000 for the period of fiscal years 2013 through 2017;
(E) the organic agriculture research and extension initiative established under section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) (as amended by section 7104), an additional $10,000,000 for each of fiscal years 2013 through 2014;
(F) the beginning farmer and rancher development program established under section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f) (as amended by section 7309), an additional $15,000,000 for each of fiscal years 2013 through 2017;
(G) the biomass crop transition assistance program established under subsections (b) and (c) of section 9004 of the Farm Security and Rural Investment Act of 2002 (as amended by section 9001), an additional $40,000,000 for the period of fiscal years 2009 through 2012; and
(H) the Rural Energy for America Program established under section 9007 of the Farm Security and Rural Investment Act of 2002 (as amended by section 9001), an additional $40,000,000 for the period of fiscal years 2009 through 2012.


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