PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 999 for determining which applications will result in the least cost to the program authorized by this chapter; and "(B) the priorities established under this subtitle 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 TECH- NICAL ASSISTANCE.— "(1) COST-SHARE PAYMENTS. — "(A) IN GENERAL.— The Federal share of cost-share pay- ments 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 chapter if the producer receives cost-share payments or other benefits for the same land under chapter 1 or 3. "(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 chapter 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 chapter 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 chapter, 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
�
