§3839aa–2. Establishment and administration of environmental quality incentives program
(a) Establishment
(1) In general
During the 1996 through 2002 fiscal years, the Secretary shall provide technical assistance, cost-share payments, incentive payments, and education to producers, who enter into contracts with the Secretary, through an environmental quality incentives program in accordance with this part.
(2) Eligible practices
(A) Structural practices
A producer who implements a structural practice shall be eligible for any combination of technical assistance, cost-share payments, and education.
(B) Land management practices
A producer who performs a land management practice shall be eligible for any combination of technical assistance, incentive payments, and education.
(b) Application and term
A contract between a producer and the Secretary under this part may-
(1) apply to 1 or more structural practices or 1 or more land management practices, or both; and
(2) have a term of not less than 5, nor more than 10, years, as determined appropriate by the Secretary, depending on the practice or practices that are the basis of the contract.
(c) Structural practices
(1) Offer selection process
The Secretary shall, to the maximum extent practicable, establish a process for selecting applications for financial assistance if there are numerous applications for assistance for structural practices that would provide substantially the same level of environmental benefits. The process shall be based on-
(A) a reasonable estimate of the projected cost of the proposals and other factors identified by the Secretary for determining which applications will result in the least cost to the program authorized by this part; and
(B) the priorities established under this subchapter and such other factors determined by the Secretary that maximize environmental benefits per dollar expended.
(2) Concurrence of owner
If the producer making an offer to implement a structural practice is a tenant of the land involved in agricultural production, for the offer to be acceptable, the producer shall obtain the concurrence of the owner of the land with respect to the offer.
(d) Land management practices
The Secretary shall establish an application and evaluation process for awarding technical assistance or incentive payments, or both, to a producer in exchange for the performance of 1 or more land management practices by the producer.
(e) Cost-share payments, incentive payments, and technical assistance
(1) Cost-share payments
(A) In general
The Federal share of cost-share payments to a producer proposing to implement 1 or more structural practices shall be not more than 75 percent of the projected cost of the practice, as determined by the Secretary, taking into consideration any payment received by the producer from a State or local government.
(B) Limitation
A producer who owns or operates a large confined livestock operation (as defined by the Secretary) shall not be eligible for cost-share payments to construct an animal waste management facility.
(C) Other payments
A producer shall not be eligible for cost-share payments for structural practices on eligible land under this part if the producer receives cost-share payments or other benefits for the same land under part I or III of this subchapter.
(2) Incentive payments
The Secretary shall make incentive payments in an amount and at a rate determined by the Secretary to be necessary to encourage a producer to perform 1 or more land management practices.
(3) Technical assistance
(A) Funding
The Secretary shall allocate funding under this part for the provision of technical assistance according to the purpose and projected cost for which the technical assistance is provided for a fiscal year. The allocated amount may vary according to the type of expertise required, quantity of time involved, and other factors as determined appropriate by the Secretary. Funding shall not exceed the projected cost to the Secretary of the technical assistance provided for a fiscal year.
(B) Other authorities
The receipt of technical assistance under this part shall not affect the eligibility of the producer to receive technical assistance under other authorities of law available to the Secretary.
(C) Private sources
The Secretary shall ensure that the processes of writing and developing proposals and plans for contracts under this part, and of assisting in the implementation of structural practices and land management practices covered by the contracts, are open to individuals in agribusiness, including agricultural producers, representatives from agricultural cooperatives, agricultural input retail dealers, and certified crop advisers. The requirements of this subparagraph shall also apply to any other conservation program of the Department of Agriculture that provides incentive payments, technical assistance, or cost-share payments.
(f) Modification or termination of contracts
(1) Voluntary modification or termination
The Secretary may modify or terminate a contract entered into with a producer under this part if-
(A) the producer agrees to the modification or termination; and
(B) the Secretary determines that the modification or termination is in the public interest.
(2) Involuntary termination
The Secretary may terminate a contract under this part if the Secretary determines that the producer violated the contract.
(g) Non-Federal assistance
The Secretary may request the services of a State water quality agency, State fish and wildlife agency, State forestry agency, or any other governmental or private resource considered appropriate to assist in providing the technical assistance necessary for the development and implementation of a structural practice or land management practice.
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