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Title 16 — ConservationRelease 119-73

§3839aa–5 Environmental quality incentives program plan

Title 16 › Chapter CHAPTER 58— - ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM › Subchapter SUBCHAPTER IV— - AGRICULTURAL RESOURCES CONSERVATION PROGRAM › Part Part IV— - Environmental Quality Incentives Program and Conservation Stewardship Program › Subpart subpart a— - environmental quality incentives program › § 3839aa–5

Last updated Apr 6, 2026|Official source

Summary

Producers must submit an operations plan to the Secretary and get it approved before they can receive payments. The plan must say which practices are covered, include any terms and goals the Secretary needs, require a phased comprehensive nutrient management plan for confined livestock feeding operations when needed, and for forest land must match a Secretary‑approved forest management plan (for example, a forest stewardship plan under section 2103a, a State forester‑approved plan, or another plan the Secretary accepts). The Secretary must treat a plan made to get a water or air quality permit as the same as an operations plan if it has the same parts. The Secretary must also, as much as possible, avoid making people do the same planning twice for this and similar conservation programs.

Full Legal Text

Title 16, §3839aa–5

Conservation — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Prior Provisions

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.

Amendments

2018—Subsec. (a)(3). Pub. L. 115–334, § 2305, inserted “progressive” before “implementation”. Subsec. (b)(2). Pub. L. 115–334, § 2301(d)(1)(H), substituted “this subpart” for “this part”. 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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of Title 7, Agriculture.

Reference

Citations & Metadata

Citation

16 U.S.C. § 3839aa–5

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73