---
kind: "section"
citation: "16 U.S.C. § 3839aa–5"
title: "16"
title_heading: "Conservation"
number: "3839aa–5"
heading: "Environmental quality incentives program plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3839aa-5"
units:
  - "Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program"
  - "Subchapter IV — Agricultural Resources Conservation Program"
  - "Part IV — Environmental Quality Incentives Program and Conservation Stewardship Program"
  - "Subpart a — environmental quality incentives program"
---

# §3839aa–5. Environmental quality incentives program plan

- (a) **Plan of operations—** To be eligible to receive [payments](/usc/16/3839aa–1.md?p=5) under the [program](/usc/16/3839aa–1.md?p=8), a producer shall submit to the [Secretary](/usc/16/3801.md?p=a-21) for approval a plan of operations that—
  - (1) specifies [practices](/usc/16/3839aa–1.md?p=6) covered under the [program](/usc/16/3839aa–1.md?p=8);
  - (2) includes such terms and conditions as the [Secretary](/usc/16/3801.md?p=a-21) considers necessary to carry out the [program](/usc/16/3839aa–1.md?p=8), including a description of the purposes to be met by the implementation of the plan;
  - (3) in the case of a confined [livestock](/usc/16/3801.md?p=a-17) feeding operation, provides for development and progressive implementation of a comprehensive nutrient [management plan](/usc/16/544.md?p=k), if applicable; and
  - (4) in the case of forest land, is consistent with the provisions of a forest [management plan](/usc/16/544.md?p=k) that is approved by the [Secretary](/usc/16/3801.md?p=a-21), which may include—
    - (A) a forest stewardship plan described in [section 2103a of this title](/usc/16/2103a.md);
    - (B) another [practice](/usc/16/3839aa–1.md?p=6) plan approved by the [State](/usc/16/3801.md?p=a-24) forester; or
    - (C) another plan determined appropriate by the [Secretary](/usc/16/3801.md?p=a-21).
- (b) **Avoidance of duplication—** The [Secretary](/usc/16/3801.md?p=a-21) shall—
  - (1) consider a plan developed in order to [acquire](/usc/16/620e.md?p=1) a permit under a water or air quality regulatory [program](/usc/16/3839aa–1.md?p=8) as the equivalent of a plan of operations under [subsection (a)](#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](/usc/16/3839aa–1.md?p=8) under this subpart and comparable conservation [programs](/usc/16/3839aa–1.md?p=8).

## Source credit

(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.)

## Notes

### 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 Amendment

Amendment 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.