16 U.S.C. § 3839aa–5

Environmental quality incentives program plan

(a) Plan of operations

To be eligible to receive payments under the program, a producer shall submit to the Secretary for approval a plan of operations that—

(1)

specifies practices covered under the program;

(2)

includes such terms and conditions as the Secretary considers necessary to carry out the program, including a description of the purposes to be met by the implementation of the plan;

(3)

in the case of a confined livestock feeding operation, provides for development and progressive implementation of a comprehensive nutrient management plan, if applicable; and

(4)

in the case of forest land, is consistent with the provisions of a forest management plan that is approved by the Secretary, which may include—

(A)

a forest stewardship plan described in section 2103a of this title ;

(B)

another practice plan approved by the State forester; or

(C)

another plan determined appropriate by the Secretary.

(b) Avoidance of duplication

The Secretary shall—

(1)

consider a plan developed in order to acquire a permit under a water or air quality regulatory program as the equivalent of a plan of operations under subsection (a), if the plan contains elements equivalent to those elements required by a plan of operations; and

(2)

to the maximum extent practicable, eliminate duplication of planning activities under the program under this subpart and comparable conservation programs.

( Pub. L. 99–198, title XII, § 1240E , as added Pub. L. 107–171, title II, § 2301 , May 13, 2002 , 116 Stat. 256 ; amended Pub. L. 110–234, title II, § 2506 , May 22, 2008 , 122 Stat. 1063 ; Pub. L. 110–246, § 4(a) , title II, § 2506, June 18, 2008 , 122 Stat. 1664 , 1791; Pub. L. 115–334, title II , §§ 2301(d)(1)(H), 2305, Dec. 20, 2018 , 132 Stat. 4554 , 4561.)