SA 3779. Mr. NELSON of Florida submitted an amendment intended to be proposed to amendment SA 3559 submitted by Mr. Inouye (for himself and Mr. Akaka) and intended to be proposed to the 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:

Strike lines 7 through 9 of the amendment and insert the following:

operation carried out in the State of Hawaii.
``(4) WAIVER AUTHORITY.--The Secretary may grant a waiver for the average adjusted gross income limitation in paragraph (1)(C) to owners of land in agricultural uses if--
``(A) the highest use land value of the land is at least 100 percent higher than the market value of an agricultural land value appraisal on the same tract of land; and
``(B) the State conservationist certifies that--
``(i) a qualified appraisal has been carried out on the land, or a similar tract of land, that demonstrates the disparity between the agricultural and development values; and
``(ii) without participation in a conservation program described in paragraph (2)(B), the owner of the land would be under significant development pressures that could interfere with the agricultural and conservation uses of the land.
``(5) INCOME DERIVED FROM FARMING, RANCHING, OR FORESTRY OPERATIONS.--In determining


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