Bill Summary
The "Fertilizer Stewardship, Utilization, Sustainability, Technology, Access, Innovation, and Nourishment Act" is a proposed bill that aims to address various issues related to the production and use of fertilizer in the United States.
Section 2 of the bill designates phosphate and potash as critical minerals, which would make them subject to special regulations and protections under the Energy Act of 2020. The Secretary of the Interior is also required to evaluate other minerals necessary for fertilizer production and make recommendations to support domestic production of these minerals.
Section 3 outlines a streamlined process for issuing permits for potash and phosphate exploration or mining, with the goal of reducing delays and increasing efficiency. It also specifies that environmental documents related to these projects may be prepared by third parties and sets a deadline for the completion of a record of decision.
Section 4 requires the Environmental Protection Agency to approve the use of phosphogypsum (a byproduct of phosphate mining) in government road projects, similar to a previous approval issued in October 2020.
Section 5 amends the Food Security Act of 1985 to allow certified crop advisors to provide conservation technical assistance to eligible participants without the need for additional certification.
Section 6 increases cost-share payments for precision agriculture and nutrient management practices under the Environmental Quality Incentives Program.
Section 7 expands eligibility for the Regional Conservation Partnership Program to include agriculture retailers.
Section 8 requires the Secretary of Agriculture to review nutrient management practice standards to determine if plant biostimulants (substances that support plant growth independently of nutrient content) should be approved for use in conservation practices.
Possible Impacts
1. Farmers may have to adjust their use of phosphates and potash, as these minerals are designated as critical and may be subject to stricter regulations.
2. Federal agencies may have to expedite the process of issuing permits for potash or phosphate exploration or mining, potentially impacting the environment and local communities.
3. Agriculture retailers may be eligible to participate in the Regional Conservation Partnership Program, potentially increasing their role in promoting conservation practices.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5128 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5128
To designate phosphate and potash as critical minerals, to approve the
use of phosphogypsum in government road projects, to amend the Food
Security Act of 1985 to provide for the certification of certified crop
advisors for conservation technical assistance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2022
Mr. Marshall introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To designate phosphate and potash as critical minerals, to approve the
use of phosphogypsum in government road projects, to amend the Food
Security Act of 1985 to provide for the certification of certified crop
advisors for conservation technical assistance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fertilizer Stewardship, Utilization,
Sustainability, Technology, Access, Innovation, and Nourishment Act''
or the ``Fertilizer SUSTAIN Act''.
SEC. 2. DESIGNATION OF PHOSPHATE AND POTASH AS CRITICAL MINERALS.
(a) Designation.--Not later than 30 days after the date of
enactment of this Act, the Secretary of the Interior shall--
(1) designate potash and phosphates as critical minerals
under section 7002(c)(4) of the Energy Act of 2020 (30 U.S.C.
1606(c)(4)); and
(2) conduct an evaluation of other minerals necessary for
the production of fertilizer and other agricultural products
used to promote crop development for designation as critical
minerals under that section.
(b) Recommendations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the Interior shall--
(1) evaluate any policies relating to permitting and
leasing of projects to develop the minerals described in
paragraphs (1) and (2) of subsection (a); and
(2) submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives recommendations to support domestic
production of the minerals described in paragraphs (1) and (2)
of subsection (a).
SEC. 3. FEDERAL REGISTER AND NEPA PROCESS FOR PHOSPHATE AND POTASH
EXPLORATION OR MINE PERMITS.
(a) Federal Register Process.--
(1) Departmental review.--Absent any extraordinary
circumstance, and except as otherwise required by law, the
Secretary of the Interior and the Secretary of Agriculture
shall ensure that each Federal Register notice described in
paragraph (2) shall be--
(A) subject to any required reviews within the
Department of the Interior or the Department of
Agriculture; and
(B) published in final form in the Federal Register
not later than 45 days after the date of initial
preparation of the notice.
(2) Preparation.--The preparation of Federal Register
notices required by law associated with the issuance of a
potash or phosphate exploration or mine permit shall be
delegated to the organizational level within the Federal agency
responsible for issuing the potash or phosphate exploration or
mine permit.
(3) Transmission.--All Federal Register notices relating to
official document availability, announcements of meetings, or
notices of intent to undertake an activity described in
paragraph (2) shall be originated in, and transmitted to the
Federal Register from, the office in which, as applicable--
(A) the documents or meetings are held; or
(B) the activity is initiated.
(b) Environmental Documents; Record of Decision.--
(1) Definition of covered project.--In this subsection, the
term ``covered project'' means a project for the exploration or
mining of potash or phosphate for which a Federal permit is
required.
(2) Preparation of environmental document by project
sponsors and qualified 3rd parties.--Notwithstanding any other
provision of law, the head of a Federal agency may, on request
of a project sponsor for a covered project, authorize a
qualified third party or the project sponsor for the covered
project to prepare an environmental document intended to be
adopted by a Federal agency as the environmental impact
statement, environmental assessment, or other environmental
document for a covered project.
(3) Deadline for record of decision.--Notwithstanding any
other provision of law, the record of decision for a covered
project shall be completed by not later than 30 months after
the date on which the proposal for the covered project was
submitted.
SEC. 4. APPROVAL OF USE OF PHOSPHOGYPSUM IN GOVERNMENT ROAD PROJECTS.
The Administrator of the Environmental Protection Agency shall
issue an approval of the use of phosphogypsum in government road
projects that is identical to the approval described in the notice of
the Environmental Protection Agency entitled ``Approval of the Request
for Other Use of Phosphogypsum by the Fertilizer Institute'' (85 Fed.
Reg. 66550 (October 20, 2020)).
SEC. 5. CERTIFICATION OF CERTIFIED CROP ADVISORS FOR CONSERVATION
TECHNICAL ASSISTANCE.
Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is
amended--
(1) in subsection (a)(2), by inserting ``an individual
certified crop advisor described in subsection (e)(6),'' after
``nonprofit entity,''; and
(2) in subsection (e), by adding at the end the following:
``(6) Certified crop advisors.--An individual possessing a
current registration and credentials as a certified crop
advisor--
``(A) shall be exempt from obtaining a
certification under paragraph (4); and
``(B) may provide assistance to an eligible
participant with respect to conservation practices
within the scope of the registration of the
individual.''.
SEC. 6. INCREASED COST-SHARE PAYMENTS FOR PRECISION AGRICULTURE AND
NUTRIENT MANAGEMENT UNDER ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM.
Section 1240B(d) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(d)) is amended by adding at the end the following:
``(8) Increased payments for precision agriculture and
nutrient management.--Notwithstanding paragraph (2), the
Secretary may increase the amount that would otherwise be
provided for a practice under this subsection to not more than
90 percent of the costs associated with--
``(A) adopting precision agriculture or nutrient
management practices; and
``(B) acquiring precision agriculture or nutrient
management equipment and technology.''.
SEC. 7. ELIGIBILITY OF AGRICULTURE RETAILERS AS REGIONAL CONSERVATION
PARTNERSHIP PROGRAM PARTNERS.
Section 1271A(4) of the Food Security Act of 1985 (16 U.S.C.
3871a(4)) is amended by adding at the end the following:
``(K) An agriculture retailer.''.
SEC. 8. REVIEW OF CONSERVATION PRACTICE STANDARDS RELATING TO PLANT
BIOSTIMULANTS.
Section 1242(h) of the Food Security Act of 1985 (16 U.S.C.
3842(h)) is amended by adding at the end the following:
``(5) Review relating to plant biostimulants.--
``(A) Definition of plant biostimulant.--In this
paragraph, the term `plant biostimulant' means a
substance, micro-organism, or mixture of a substance
and a micro-organism, that, when applied to seeds,
plants, the rhizosphere, soil, or other growth media,
acts to support the natural processes of a plant
independently of the nutrient content of that
substance, micro-organism, or mixture, including by
improving--
``(i) nutrient availability;
``(ii) uptake or use efficiency;
``(iii) tolerance to abiotic stress; and
``(iv) consequent growth, development,
quality, or yield.
``(B) Review required.--The Secretary shall conduct
a review of nutrient management practice standards to
determine if plant biostimulants should be approved for
use in appropriate conservation practice standards.''.
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