Fertilizer SUSTAIN Act
Bill: S.5128 | Sponsor: Sen. Marshall, Roger (R-KS)
Policy area: Agriculture and Food

Summary:
Fertilizer Stewardship, Utilization, Sustainability, Technology, Access, Innovation, and Nourishment Act or the Fertilizer SUSTAIN Act
This bill (1) directs the Department of the Interior to designate potash and phosphates as critical minerals, (2) revises the Federal Register and National Environmental Policy Act permitting process for mining and phosphate and potash exploration, and (3) requires the Environmental Protection Agency to allow phosphogypsum to be used in government road projects.


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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