6 U.S.C. § 488c — Administrative provisions

(a) Cooperative agreements. The Secretary may enter a cooperative agreement with the Secretary of Agriculture, or with the head of a state department of agriculture (or its designee) involved in agricultural regulation — consulting the state agency responsible for homeland security — to carry out this part. Wherever possible, the Secretary should seek to cooperate with state agencies or their designees that already oversee ammonium nitrate facility operations when making these agreements. (b) Delegation. (1) The Secretary may delegate to a state the authority to help administer and enforce this part. (2) If a state's governor requests it, the Secretary must delegate to that state the authority to carry out functions under sections 488a and 488b of this title, if the Secretary determines the state can satisfactorily carry them out. (3) If the Secretary delegates functions to a state this way, the Secretary must provide that state enough funds to carry out the delegated functions, subject to available appropriations. (c) Guidance and notification materials. (1) The Secretary must give each registered ammonium nitrate facility owner guidance on: identifying suspicious ammonium nitrate purchases, transfers, or attempted purchases or transfers; the appropriate action to take about such a purchase or transfer, including exercising the right to decline the sale and notifying appropriate law enforcement; and other topics the Secretary determines are appropriate to help prevent ammonium nitrate from being misappropriated or used in terrorism. (2) In providing this guidance, the Secretary must, as much as practical, use relevant existing materials and programs. (3) The Secretary must also make available materials suitable for posting where ammonium nitrate is sold, designed to notify prospective purchasers of the record-keeping requirements under section 488a of this title and the penalties for violating them.