
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3839aa-2]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
       SUBCHAPTER IV--AGRICULTURAL RESOURCES CONSERVATION PROGRAM
 
            Part IV--Environmental Quality Incentives Program
 
Sec. 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.

(Pub. L. 99-198, title XII, Sec. 1240B, as added Pub. L. 104-127, title 
III, Sec. 334, Apr. 4, 1996, 110 Stat. 998.)
