§ 3839aa–5.
(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—
(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, § 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], 1791; [Pub. L. 115–334, title II], §§ 2301(d)(1)(H), 2305, Dec. 20, 2018, [132 Stat. 4554], 4561.)