Page:United States Statutes at Large Volume 110 Part 1.djvu/1022

 110 STAT. 998 PUBLIC LAW 104-127 —APR. 4, 1996 management, integrated pest management, irrigation management, tillage or residue management, grazing management, or other land management practice carried out on eligible land that the Secret?iry determines is needed to protect, in the most cost-effective manner, water, soil, or related resources from degradation. "(3) LIVESTOCK.— The term 'livestock' means dairy cattle, beef cattle, laying hens, broilers, turkeys, swine, sheep, and such other animals as determined by the Secretary. "(4) PRODUCER. —The term 'producer' means a person who is engaged in livestock or agricultural production (as defined by the Secretary). "(5) STRUCTURAL PRACTICE. —The term 'structural practice' means— "(A) the establishment on eligible land of a site-specific animal waste management facility, terrace, grassed waterway, contour grass strip, filterstrip, tailwater pit, permanent wildlife habitat, or other structural practice that the Secretary determines is needed to protect, in the most cost-effective manner, water, soil, or related resources from degradation; and "(B) the capping of abandoned wells on eligible land. 16 USC "SEC. 1240B. ESTABLISHMENT AND ADMINISTRATION OF ENVIRON- 3839aa-2. MENTAL QUALITY INCENTIVES PROGRAM. " (a) ESTABLISHMENT.— "(1) IN GENERAL.—During the 1996 through 2002 fiscal years, the Secretary shall provide technical assistance, costshare payments, incentive payments, and education to producers, who enter into contracts with the Secretary, through an environmental quality incentives program in accordance with this chapter. "(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 pay- ments, and education. "(b) APPLICATION AND TERM.— ^A contract between a producer and the Secretary under this chapter 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

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