Page:United States Statutes at Large Volume 122.djvu/1086

 12 2 STA T . 1 063PUBLIC LA W 110 – 23 4—M A Y 22, 200 8(3)inpar a g rap h ( 4 ) ,byst ri k ing ‘ ‘ co st - shar e pay m ents an d incenti v e ’ ’ .SEC.2506 .E NVIRO N M EN TALQU ALIT Y INCENTIVES P RO G RAM PLAN. (a) PLANOFOPER A TI ON S . —S ection 12 4 0E (a) o f the F ood Sec u - rity A ctof1 985 (1 6U .S. C . 3839aa – 5(a)) is amended— (1) in the subsection heading, by striking ‘‘ I N G ENERAL’’ and inserting ‘‘PLAN OF OPERATIONS’’ (2) in matter preceding paragraph (1), by striking ‘‘cost- share payments or incentive’’; (3) in paragraph (2), by striking ‘‘and’’ after the semico l on at the end; (4) in paragraph (3), by striking the period at the end and inserting ‘‘; and’’; and (5) by adding at the end the follo w ing new paragraph

‘‘(4) in the case of forest land, is consistent with the provi- sions of a forest management plan that is approved by the Secretary, which may include— ‘‘(A) a forest stewardship plan described in section 5 of the Cooperative Forestry Assistance Act of 19 7 8 (16 U.S.C. 2103a); ‘‘( B ) another practice plan approved by the State for- ester; or ‘‘(C) another plan determined appropriate by the Sec- retary.’’. (b) A V OI D AN C EOF DU PLICATION.—Subsection (b) of section 1240E of the Food Security Act of 1985 (16 U.S.C. 3839aa–5) is amended to read as follows: ‘‘(b) AVOIDANCE OF DUPLICATION.— T he Secretary shall— ‘‘(1) consider a plan developed in order to ac q uire a permit under a water or air quality regulatory program as the equiva- lent 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 ma x imum extent practicable, eliminate duplica- tion of planning activities under the program under this chapter and comparable conservation programs.’’. SEC. 250 7 . D UTIES O F T H E SECRETARY. Section 1240F(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa–6(1)) is amended by striking ‘‘cost-share payments or incen- tive’’. SEC. 250 8 . LIMITATION ON ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PAYMENTS. Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa–7) is amended— (1) by striking ‘‘An individual or entity’’ and inserting ‘‘(a) LIM I TA TI ON .—Sub j ect to subsection (b), a person or legal entity’’; (2) by striking ‘‘ $ 450,000’’ and inserting ‘‘$300,000’’; (3) by striking ‘‘the individual’’ both places it appears and inserting ‘‘the person’’; and (4) by adding at the end the following new subsection: ‘‘(b) W AIVER AUT H ORIT Y .—In the case of contracts under this chapter for projects of special environmental significance (including projects involving methane digesters), as determined by the Sec- retary, the Secretary may—

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