II 117th CONGRESS 2d Session S. 5128 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.

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 . 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). 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. 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)). 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. . 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. . 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. . 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. .