§ 3839aa–5 — Environmental Quality Incentives Program Plan

(a) 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) 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.