Fertilizer for American farmers

(a)

Definitions

In this section:(1)

Eligible entity

The term eligible entity means an entity eligible for a grant or loan under this section in accordance with subsection (c).(2)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Under Secretary for Rural Development.(3)

State

The term State means—(A)the 50 States; and(B)the District of Columbia.(4)

United States

The term United States means—(A)the States;(B)the territories of the United States; and(C)the territory of Indian Tribes.(b)

Grants and loans

The Secretary shall provide grants and direct or guaranteed loans to assist eligible entities in increasing or expanding the manufacturing, processing, and storage of fertilizer and nutrient alternatives in the United States.(c)

Eligible entities

(1)

In general

To be eligible for a grant or loan under this section, an entity shall be—(A)an independently owned and operated—(i)for-profit business or corporation;(ii)nonprofit organization;(iii)producer-owned cooperative or corporation; or (iv)certified benefit corporation;(B)an Indian Tribe or Tribal organization; or(C)a State or local government.(2)

Requirements

To be eligible for a grant or loan under this section, an entity described in paragraph (1) shall—(A)be physically located within the United States;(B)comply with all Federal, State, Tribal, and local regulations governing fertilizer and nutrient manufacturing, processing, storage, distribution, and waste management; and(C)certify to the Secretary that the entity does not hold a market share (in manufacturing, processing, or distribution) greater than or equal to the entity that holds the fourth-largest share of that market for nitrogen, phosphate, potash, or any combination of thereof.(d)

Priorities

In awarding grants and loans under this section, the Secretary shall give priority to eligible entities that will use the grant or loan for a proposal for a project—(1)that will improve on fertilizer production methods and efficient use technologies to promote innovation in fertilizers, nutrient alternatives, and biostimulants; (2)the additional fertilizer or nutrient alternative manufacturing, processing, or storage capacity created by which will be dedicated to United States agricultural commodity production; or(3)that demonstrates the project will improve competition, increase options, and reduce prices or volatility of fertilizer products or nutrient alternatives important for farmers.(e)

Eligible activities

An eligible entity that receives a grant or loan under this section may use the grant or loan for—(1)building a new facility, buying an existing facility, or purchasing land for a facility;(2)covering predevelopment costs, such as engineering and other professional fees;(3)providing working capital to expand capacity or increase outputs;(4)modernizing or expanding an existing facility, including making updates to existing buildings or constructing new buildings on site;(5)purchasing or modernizing processing and manufacturing equipment;(6)developing, customizing, and installing equipment, devices, and technology to improve processing functions, worker conditions, or safety;(7)installing or updating equipment that reduces emissions, increases fertilizer use efficiency, or improves air and water quality;(8)ensuring legal compliance with packaging and labeling requirements, such as sealing, boxing, labeling, and conveying;(9)confirming legal compliance with occupational and safety regulations;(10)engaging in workforce recruitment, training, apprenticeships, and retention to ensure expansion projects are adequately staffed; (11)increasing domestic storage of fertilizer or nutrient alternatives; and(12)such other activities as the Secretary determines to be appropriate.(f)

Grant amount

(1)

In general

The amount of a grant under this section shall not exceed $100,000,000.(2)

Matching funds

An eligible entity that receives a grant under this section shall provide non-Federal matching funds in an amount that is equal to the amount of the grant.(g)

Loan terms and conditions

Except as otherwise provided in this section, the terms and conditions of a loan under this section shall be the same as the terms and conditions of a business and industry direct or guaranteed loan under section 310B(g) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)).(h)

Duration

(1)

In general

The Secretary may provide a grant or loan under this section for a project that is not longer than 5 years.(2)

Extension

The Secretary may extend the period described in paragraph (1) if the Secretary determines an extension is appropriate.(i)

Combination and nonsupplantation of other funds

(1)

In general

The Secretary shall use the amounts made available to carry out this section to supplement, and not supplant, funds provided under other Federal, State, or local laws. (2)

Coordination

The Secretary shall coordinate with other Federal agencies, such as the Department of Energy, and State, regional, or local agencies to allow applicants under this section to package proposals to be considered under relevant authorities jointly.(j)

Condition

As a condition on receipt of a grant or loan under this section, the grant or loan recipient shall repay the grant or loan in full if any company or facility developed through the project using the grant or loan, or most or all of the assets of such company or facility, is sold, is transferred, or otherwise changes ownership, during the 10-year period beginning on the completion of the project, to an entity that holds a market share (in manufacturing, processing, or distribution) greater than or equal to the entity that holds the fourth-largest share of that market for nitrogen, phosphate, potash, or any combination of thereof.(k)

Funding

In addition to other available funds, the Secretary may use the authority under section 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c) to transfer such sums of the funds of the Commodity Credit Corporation from available borrowing authority as the Secretary determines to be appropriate to carry out this section.