SA 3780. Mr. NELSON of Florida submitted an amendment intended to be proposed to amendment SA 3665 submitted by Mr. Ensign and intented to be proposed 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:

On page 2 of the amendment, strike lines 1 through 11 and insert the following:
``(B) CONSERVATION PROGRAMS.--
``(i) IN GENERAL.--Notwithstanding any other provision of law, except as provided in clause (ii), 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 exceeds $2,500,000, unless not less than 75 percent of the average adjusted gross income of the individual or entity is derived from farming, ranching, or forestry operations, as determined by the Secretary.
``(ii) WAIVER AUTHORITY.--The Secretary may grant a waiver for the average adjusted gross income limitation in clause (i) to owners of land in agricultural uses if--
``(I) 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
``(II) the State conservationist certifies that--
``(aa) 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
``(bb) 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.


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