SA 3576. Mr. NELSON of Nebraska (for himself and Mr. Salazar) submitted an amendment intended to be proposed by him 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:

In section 1101, strike subsection (c) and insert the following:
(c) Permanent Reduction in Base Acres.--
(1) REDUCTION AT OPTION OF OWNER.--
(A) IN GENERAL.--The owner of a farm may reduce, at any time, the base acres for any covered commodity for the farm.
(B) EFFECT OF REDUCTION.--A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary.
(2) REQUIRED ACTION BY SECRETARY.--
(A) IN GENERAL.--The Secretary shall suspend all direct, counter-cyclical, and average crop revenue payments on base acres for covered commodities for land that is no longer a farming operation or used in conjunction with a farming operation, as determined by the Secretary.
(B) REDUCTION.--The Secretary shall permanently reduce base acres for covered commodities in a manner prescribed by the Secretary, for land that--
(i) has been developed for commercial or industrial use; or
(ii) has been subdivided and developed for multiple residential units or other nonfarming uses, unless the producer demonstrates that the land remains devoted exclusively to agricultural production.
(3) REVIEW AND REPORT.--Each year, to ensure, to the maximum extent practicable, that payments are received only by producers, the Secretary shall--
(A) track each reconstitution of land that is reported by a producer that is covered by paragraph (2);
(B) include in any end-of-the-year review for purposes of payment limitations or other compliance inspections or other actions taken by the Secretary, a review to ensure compliance with paragraph (2); and
(C) submit to Congress a report that describes the results of the actions taken under subparagraphs (A) and (B).
In section 1302, strike subsection (c) and insert the following:
(c) Permanent Reduction in Base Acres.--
(1) REDUCTION AT OPTION OF OWNER.--
(A) IN GENERAL.--The owner of a farm may reduce, at any time, the base acres for peanuts for the farm.
(B) EFFECT OF REDUCTION.--A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary.
(2) REQUIRED ACTION BY SECRETARY.--
(A) IN GENERAL.--The Secretary shall suspend all direct, counter-cyclical, and average crop revenue payments on base acres for peanuts for land that is no longer a farming operation or used in conjunction with a farming operation, as determined by the Secretary.
(B) REDUCTION.--The Secretary shall permanently reduce base acres for peanuts in a manner prescribed by the Secretary, for land that--
(i) has been developed for commercial or industrial use; or
(ii) has been subdivided and developed for multiple residential units or other nonfarming uses, unless the producer demonstrates that the land remains devoted exclusively to agricultural production.
(3) REVIEW AND REPORT.--Each year, to ensure, to the maximum extent practicable, that payments are received only by producers, the Secretary shall--
(A) track each reconstitution of land that is reported by a producer that is covered by paragraph (2);
(B) include in any end-of-the-year review for purposes of payment limitations or other compliance inspections or other actions taken by the Secretary, a review to ensure compliance with paragraph (2); and
(C) submit to Congress a report that describes the results of the actions taken under subparagraphs (A) and (B).


(As printed in the Congressional Record for the Senate on Nov 8, 2007.)