US Code

Public Law 119-102 (07/12/2026)

16 U.S.C. § 3839aa–5

Environmental quality incentives program plan

Section text and notes

(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)
section 2103a of this title a forest stewardship plan described in ;
(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, § 1240EPub. L. 107–171, title II, § 2301116 Stat. 256 Pub. L. 110–234, title II, § 2506122 Stat. 1063 Pub. L. 110–246, § 4(a)122 Stat. 1664 Pub. L. 115–334, title II132 Stat. 4554 (, as added , , ; amended , , ; , title II, § 2506, , , 1791; , §§ 2301(d)(1)(H), 2305, , , 4561.)

Editorial Notes

Codification

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Prior Provisions

Pub. L. 99–198, title XII, § 1240EPub. L. 104–127, title III, § 334110 Stat. 1001 Pub. L. 107–171A prior section 3839aa–5, , as added , , , related to environmental quality incentives program plan, prior to the general amendment of this part by .

Amendments

Pub. L. 115–334, § 23052018—Subsec. (a)(3). , inserted “progressive” before “implementation”.

Pub. L. 115–334, § 2301(d)(1)(H)Subsec. (b)(2). , substituted “this subpart” for “this part”.

Pub. L. 110–246, § 2506(a)(1)2008—Subsec. (a). , (2), substituted “Plan of operations” for “In general” in heading and struck out “cost-share payments or incentive” before “payments” in introductory provisions.

Pub. L. 110–246, § 2506(a)(3)Subsec. (a)(4). –(5), added par. (4).

Pub. L. 110–246, § 2506(b)Subsec. (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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under , Agriculture.