(a) Cooperative Agreements.--The Secretary--
(1) may enter into a cooperative agreement with the
Secretary of Agriculture, or the head of any State
department of agriculture or its designee involved in
agricultural regulation, in consultation with the State
agency responsible for homeland security, to carry out
the provisions of this subtitle; and
(2) wherever possible, shall seek to cooperate with
State agencies or their designees that oversee ammonium
nitrate facility operations when seeking cooperative
agreements to implement the registration and
enforcement provisions of this subtitle.
(b) Delegation.--
(1) Authority.--The Secretary may delegate to a
State the authority to assist the Secretary in the
administration and enforcement of this subtitle.
(2) Delegation required.--At the request of a
Governor of a State, the Secretary shall delegate to
that State the authority to carry out functions under
sections 899B and 899C, if the Secretary determines
that the State is capable of satisfactorily carrying
out such functions.
(3) Funding.--Subject to the availability of
appropriations, if the Secretary delegates functions to
a State under this subsection, the Secretary shall
provide to that State sufficient funds to carry out the
delegated functions.
(c) Provision of Guidance and Notification Materials to
Ammonium Nitrate Facilities.--
(1) Guidance.--The Secretary shall make available
to each owner of an ammonium nitrate facility
registered under section 899B(c)(1) guidance on--
(A) the identification of suspicious
ammonium nitrate purchases or transfers or
attempted purchases or transfers;
(B) the appropriate course of action to be
taken by the ammonium nitrate facility owner
with respect to such a purchase or transfer or
attempted purchase or transfer, including--
(i) exercising the right of the
owner of the ammonium nitrate facility
to decline sale of ammonium nitrate;
and
(ii) notifying appropriate law
enforcement entities; and
(C) additional subjects determined
appropriate to prevent the misappropriation or
use of ammonium nitrate in an act of terrorism.
(2) Use of materials and programs.--In providing
guidance under this subsection, the Secretary shall, to
the extent practicable, leverage any relevant materials
and programs.
(3) Notification materials.--
(A) In general.--The Secretary shall make
available materials suitable for posting at
locations where ammonium nitrate is sold.
(B) Design of materials.--Materials made
available under subparagraph (A) shall be
designed to notify prospective ammonium nitrate
purchasers of--
(i) the record-keeping requirements
under section 899B; and
(ii) the penalties for violating
such requirements.