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United States Code Title 16 — Conservation

§ 3839aa–5. Environmental quality incentives program plan

§ 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.