Environmental quality incentives program plan
(a) Plan of operationsTo be eligible to receive payments under the program, a producer shall submit to the Secretary for approval a plan of operations that—
specifies practices covered under the program;
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;
in the case of a confined livestock feeding operation, provides for development and 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—
another practice plan approved by the State forester; or
another plan determined appropriate by the Secretary.
(b) Avoidance of duplicationThe Secretary shall—
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
to the maximum extent practicable, eliminate duplication of planning activities under the program under this part 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
A prior section 3839aa–5, Pub. L. 99–198, title XII, § 1240E, as added Pub. L. 104–127, title III, § 334, Apr. 4, 1996, 110 Stat. 1001, related to environmental quality incentives program plan, prior to the general amendment of this part by Pub. L. 107–171.
2008—Subsec. (a). Pub. L. 110–246, § 2506(a)(1), (2), substituted “Plan of operations” for “In general” in heading and struck out “cost-share payments or incentive” before “payments” in introductory provisions.
Subsec. (a)(4). Pub. L. 110–246, § 2506(a)(3)–(5), added par. (4).
Subsec. (b). Pub. L. 110–246, § 2506(b), amended subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary shall, to the maximum extent practicable, eliminate duplication of planning activities under the program under this part and comparable conservation programs.”
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