[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3621 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3621
To direct the Secretary of the Interior to establish a National Climate
Adaptation Science Center and Regional Climate Adaptation Science
Centers to respond to the effects of extreme weather events and climate
trends, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2022
Ms. Hirono (for herself, Mr. Whitehouse, Mr. Heinrich, Mrs. Murray, Ms.
Smith, and Ms. Warren) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to establish a National Climate
Adaptation Science Center and Regional Climate Adaptation Science
Centers to respond to the effects of extreme weather events and climate
trends, 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 ``Climate Adaptation Science Centers
Act'' or the ``CASC Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adaptation.--The term ``adaptation'' means--
(A) the process of adjustment to--
(i) actual or expected climate; and
(ii) the effects of extreme weather,
climate trends, and climate variability; and
(B) protection, management, and conservation
efforts designed to maintain or enhance the ability of
people, fish, wildlife, plants, land, ecosystems, and
water of the United States to withstand, adjust to, or
recover from the effects of extreme weather, climate
trends, and climate variability.
(2) Committee.--The term ``Committee'' means the Advisory
Committee on Climate and Natural Resource Sciences established
under section 6(b)(1).
(3) Consortium institution.--The term ``consortium
institution'' means an institution of higher education, State
cooperative institution, State agency, Indian Tribe, Tribal
College or University, historically Black college or
university, Tribal organization, Native Hawaiian organization,
minority-serving institution, or other educational institution
or organization, Federal agency, public or private
organization, individual, or any other party within each
Regional Center other than the United States Geological Survey
and the host institution.
(4) Cultural resource.--
(A) In general.--The term ``cultural resource''
means a feature or value relating to cultural heritage.
(B) Inclusions.--The term ``cultural resource''
includes--
(i) a biological species with cultural
heritage or ceremonial importance; and
(ii) a historic or prehistoric site, trail,
structure, inscription, artwork, or artifact
that is--
(I) located on Federal land; or
(II) representative of the culture
of Indian Tribes, Native Hawaiians, or
Native American Pacific Islanders.
(5) Department.--The term ``Department'' means the
Department of the Interior.
(6) Ecosystem service.--The term ``ecosystem service''
means a benefit that an ecosystem provides humans and human
society, including clean air, clean water, and other
economically important services.
(7) Historically black college or university.--The term
``historically Black colleges or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(8) Host institution.--The term ``host institution'' means
the non-Federal lead organization within each Regional Center.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(10) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(11) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in
paragraphs (2) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(12) National center.--The term ``National Center'' means
the National Climate Adaptation Science Center established
under section 3(a).
(13) Native american pacific islander.--The term ``Native
American Pacific Islander'' means any descendent of the
aboriginal people of any island in the Pacific Ocean that is a
territory of the United States.
(14) Native hawaiian.--The term ``Native Hawaiian'' means
any individual who is a descendant of the aboriginal people
who, prior to 1778, occupied and exercised sovereignty in the
area that now constitutes the State of Hawaii.
(15) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means any organization that--
(A) serves and represents the interests of Native
Hawaiians;
(B) has as a primary and stated purpose the
provision of services to Native Hawaiians; and
(C) has expertise in Native Hawaiian affairs,
including--
(i) the Office of Hawaiian Affairs; and
(ii) Hui Malama I Na Kupuna O Hawai'i Nei.
(16) Natural resources.--The term ``natural resources'' has
the meaning given the term in section 11.14 of title 43, Code
of Federal Regulations (or successor regulations).
(17) Regional center.--The term ``Regional Center'' means a
Regional Climate Adaptation Science Center established under
section 3(a).
(18) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(19) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) American Samoa;
(D) Guam;
(E) the Commonwealth of the Northern Mariana
Islands;
(F) the Commonwealth of Puerto Rico; and
(G) the United States Virgin Islands.
(20) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
(21) Tribal organization.--The term ``Tribal organization''
means--
(A) the recognized governing body of any Indian
Tribe; or
(B) any legally established organization of members
of an Indian Tribe that--
(i) is controlled, sanctioned, or chartered
by the recognized governing body of an Indian
Tribe; or
(ii)(I) is democratically elected by the
adult members of the Indian community to be
served by the organization; and
(II) includes the maximum participation of
members of Indian Tribes in all phases of the
activities of the organization.
SEC. 3. ESTABLISHMENT OF THE NATIONAL AND REGIONAL CLIMATE ADAPTATION
SCIENCE CENTERS.
(a) Establishment.--
(1) In general.--The Secretary, in collaboration with
States, Indian Tribes, and other partner organizations, shall
establish a program, to be known as the ``National and Regional
Climate Adaptation Science Centers''--
(A) to provide scientific expertise to managers of
natural resources, cultural resources, and ecosystem
services for the purpose of informing decisions that
aid adaptation to a changing climate and extreme
weather events; and
(B) that includes a National Climate Adaptation
Science Center and Regional Climate Adaptation Science
Centers, which shall be administered by the United
States Geological Survey.
(2) Chief; directors.--
(A) Chief.--The Chief of the National Center shall
be an employee of the United States Geological Survey.
(B) Directors.--
(i) In general.--Each Regional Center shall
have a Federal Director and a Host Institution
Director who shall work cooperatively to
further the mission of the Regional Center.
(ii) Federal director.--A Federal Director
of a Regional Center shall be an employee of
the United States Geological Survey who reports
directly to the Chief of the National Center.
(b) Duties of the National Center.--In collaboration with Federal
agencies, States, Indian Tribes, Tribal organizations, Native
Hawaiians, Native Hawaiian organizations, Native American Pacific
Islanders, and other partner organizations, the National Center shall--
(1) serve as the national office for the Regional Centers;
(2) provide leadership and guidance on administration,
partnerships, information management, and communications;
(3) develop and facilitate coordination among the Regional
Centers;
(4) coordinate with other Federal agencies working on
similar research and activities;
(5) conduct research on cross-regional and national science
priorities;
(6) support Regional Centers that--
(A) are hosted at an institution of higher
education, or a consortium of institutions of higher
education or other research institutions, within the
region of each Regional Center;
(B) are collaborations between the Federal Director
and the Host Institution Director and the staff of the
Federal Director and the Host Institution Director to
address the broad scientific mission and goals defined
by the National Center--
(i) in a manner that is relevant to the
specific geographic region of the Regional
Center; and
(ii) in cooperation with State and local
governments, Indian Tribes, Tribal
organizations, Native Hawaiians, Native
Hawaiian organizations, Native American Pacific
Islanders, and other entities within that
region;
(C) promote research, education, training, and
advisory service activities and broad and prompt
dissemination of knowledge and techniques; and
(D) receive funding at the host institution through
cooperative agreements, contracts, and grants under
section 4; and
(7) acting through the Chief of the National Center, with
respect to the Regional Centers--
(A)(i) evaluate and assess the performance of the
programs of Regional Centers every 5 years, using the
priorities, guidelines, and qualifications established
by the Secretary under this section; and
(ii) based on the evaluation and assessment under
clause (i), determine if the programs of the Regional
Center are well managed and carry out high-quality
research, education, training, and advisory service
activities; and
(B) subject to the availability of appropriations,
allocate funding among Regional Centers for--
(i) the conduct of regionally relevant
research, education, training, and advisory
service activities in each of the regions;
(ii) encouraging collaborations among
Regional Centers to address regional and
national priorities established under this
section;
(iii) ensuring successful implementation
and operation of Regional Centers;
(iv) to the maximum extent consistent with
other provisions of this Act, the provision of
a stable base of funding in support of the
Regional Centers; and
(v) the encouragement and promotion of
coordination and cooperation between the
research, education, training, and advisory
service activities of the Department and the
activities of the host and consortium
institutions.
(c) Authorities of the National Center.--The National Center may--
(1) procure the services of appropriate public and private
agencies and institutions and other qualified persons to
conduct the work of the National Center; and
(2) operate and fund a network of not fewer than 9 Regional
Centers that shall address the impacts of climate trends and
variability, including extreme weather events, on natural
resources, cultural resources, and ecosystem services.
(d) Designation of the Regional Centers.--
(1) Existing regional center designations.--Any institution
or consortium of institutions designated as the host
institution of a Regional Center before the date of enactment
of this Act shall not have to reapply for designation as a
Regional Center if the Chief of the National Center determines
that the institution or consortium of institutions meets the
guidelines established under paragraph (2).
(2) Reviews of the regional centers.--The Chief of the
National Center, in consultation with the Committee, shall
establish guidelines relating to the activities and
responsibilities of the Regional Centers, including--
(A) requirements for the merit review of the
Regional Centers;
(B) guidelines for the circumstances in which a
host institution may be discontinued as a host
institution;
(C) the schedule for merit reviews, in accordance
with scheduling criteria developed under this
paragraph; and
(D) the process to select a new host institution.
(3) Changes to consortium institutions.--The Chief of the
National Center, in consultation with the Federal Director and
Host Institution Director of a Regional Center, may add or
remove a consortium institution at any time to address regional
and national priorities established under this section.
(4) Nonapplicability of faca.--A committee, subcommittee,
or working group appointed by a Federal Director of a Regional
Center shall not be subject to the Federal Advisory Committee
Act (5 U.S.C. App.).
(e) Duties of the Regional Centers.--In collaboration with Federal
and State natural resources agencies and departments, Indian Tribes,
Tribal organizations, Native Hawaiians, Native Hawaiian organizations,
Native American Pacific Islanders, Tribal Colleges or Universities,
historically Black Colleges or Universities, minority-serving
institutions, institutions of higher education, other research or
educational institutions, and other partner organizations, a Regional
Center shall develop research, education, training, and advisory
service priorities regarding the impacts of climate trends and
variability on natural and cultural resource management in the region
covered by the Regional Center for the purpose of climate adaptation.
SEC. 4. GENERAL AUTHORITY TO ENTER INTO CONTRACTS, GRANTS, COOPERATIVE
AGREEMENTS, AND INTERAGENCY AGREEMENTS.
(a) Authority.--
(1) In general.--The Secretary may enter into contracts,
grants, cooperative agreements, and interagency agreements with
a host institution or consortium institution to further the
research, education, training, and advisory service activities
of the Department or partners of the Department relating to
impacts of climate trends and variability.
(2) Effect.--The authority under paragraph (1)--
(A) supplements any other authority provided under
any other law relating to the Department; and
(B) does not limit or repeal any existing
authorities of the Department.
(b) Legal Instruments.--The Secretary may use a contract, grant,
cooperative agreement, or interagency agreement as the legal instrument
reflecting a relationship between the Secretary and a host institution
or consortium institution to carry out the duties under section 3
without regard to--
(1) any requirements for competition;
(2) section 6101 of title 41, United States Code; or
(3) subsections (a) and (b) of section 3324 of title 31,
United States Code.
(c) Participation of Federal Agencies.--Notwithstanding any other
provision of law, any Federal agency may participate in a cooperative
agreement under this section by contributing funds through the National
Center or otherwise if the parties to the cooperative agreement
mutually agree that the objectives of the agreement would further the
authorized programs of the contributing agency.
(d) Title to Assets.--The Secretary may vest in a contractor or
recipient title to expendable and nonexpendable assets, including
equipment, supplies, and other tangible personal property, if--
(1) the contractor or recipient purchases the assets with
funds from a contract, grant, cooperative agreement, or
interagency agreement; and
(2) the Secretary considers the vesting of title to be in
furtherance of the research, education, training, and advisory
service objectives of the Department.
(e) Approval Required.--In any case in which a contract is let or a
grant is made to an organization to perform services benefitting more
than 1 Indian Tribe, the approval of each Indian Tribe shall be a
prerequisite to the letting or making of the contract or grant.
SEC. 5. INTERAGENCY COOPERATION.
Each department, agency, or other instrumentality of the Federal
Government that is engaged in or concerned with, or that has authority
over, matters relating to natural resources, cultural resources,
ecosystem services, or climate variability or change, including all
member agencies of the United States Global Change Research Program--
(1) may make available, on a reimbursable basis or
otherwise, any personnel (with the consent of the personnel and
without prejudice to the position and rating of the personnel),
service, or facility that the Chief of the National Center
determines to be necessary to carry out any provision of
section 3;
(2) shall, on a written request from the Secretary, furnish
any available data or other information that the Secretary
determines to be necessary to carry out any provision of
section 3;
(3) shall cooperate with the National Center, Regional
Centers, and duly authorized officials of the National Center
or Regional Centers; and
(4) may transfer budgetary resources or otherwise enter
into interagency agreements, including for funding, facilities,
computational resources, data, or other tangible or intangible
resources, between the National Center or Regional Centers to
aid collaborative work among Federal agencies, if approved by
the Chief of the National Center and the head of the applicable
Federal agency.
SEC. 6. COMMITTEES.
(a) Authority To Establish Committees.--The Chief of the National
Center may establish committees or working groups and procedures to
facilitate public participation in the advisory process, such as a
national advisory committee for the National Center, stakeholder
advisory committees and science implementation panels for the Regional
Centers, and working groups for review of competitive or noncompetitive
proposals.
(b) Advisory Committee.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act and pursuant to the Federal Advisory
Committee Act (5 U.S.C. App.), the Secretary shall establish an
Advisory Committee on Climate and Natural Resource Sciences.
(2) Members.--The Committee shall have not fewer than 15
members, including members that are employees of or represent
the following:
(A) An Indian Tribe.
(B) A Tribal organization.
(C) A Native Hawaiian organization.
(D) A State or local government.
(E) A Host institution of a Regional Center.
(F) A nongovernmental organization.
(G) An academic institution.
(H) An organization of the private sector.
(3) Chair; vice chair.--
(A) Chair.--The Secretary shall appoint a Committee
Chair from among the members of the Committee.
(B) Vice chair.--The Committee shall select 1
voting member of the Committee to serve as the Vice
Chair, who shall act as Chair in the absence or
incapacity of the Chair.
(4) Duties.--The Committee shall identify and recommend
priorities for ongoing research needs on the issues described
in section 3(e) to inform the research priorities of the
National Center.
(5) Term.--
(A) In general.--Except as provided in subparagraph
(C), the term of office of a voting member of the
Committee shall be not more than 3 years.
(B) Consecutive terms.--No member of the Committee
may serve more than 2 consecutive terms as a voting
member of the Committee.
(C) Extension.--The Chair may extend the term of
office of a voting member of the Committee by not more
than 1 year.
(D) Partial term.--A member that is appointed to a
partial or full term on the Committee may be
reappointed for 1 additional full term as a member on
the Committee.
(6) Nominations.--Not less frequently than once each year,
the Secretary shall publish a notice in the Federal Register
soliciting nominations for membership on the Committee.
(c) Committees; Working Groups.--
(1) In general.--At the direction of the Secretary, the
Chief of the National Center may establish committees or
working groups to provide input on the science priorities,
implementation of science programs, review of competitive and
noncompetitive proposals, and evaluation of processes,
procedures, and outcomes of the National Center and the
Regional Centers.
(2) Members.--A committee or working group established
under paragraph (1) shall, to the extent practicable, include
members from the Federal Government, State government,
institutions of higher education, the private sector,
nongovernmental organizations, Indian Tribes, Tribal
organizations, and Native Hawaiian organizations.
(3) Public participation.--The Secretary may establish
procedures to facilitate public participation in the advisory
process under this subsection, including--
(A) providing advance notice of meetings;
(B) providing adequate opportunity for public input
and comment;
(C) maintaining appropriate records; and
(D) making a record of the proceedings of meetings
available for public inspection.
(4) Implementation; availability of records.--The Secretary
shall ensure that--
(A) the procedures described in paragraph (3) are
adopted and implemented; and
(B) the records described in paragraph (3) are
accurately maintained and available for public
inspection.
(5) Nonapplicability of faca.--
(A) In general.--A committee or working group
established under paragraph (1) shall not be considered
to be an advisory committee under the Federal Advisory
Committee Act (5 U.S.C. App.).
(B) Advice.--Seeking advice and input under
paragraph (1) shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act--
(1) $97,000,000 for fiscal year 2023;
(2) $109,000,000 for fiscal year 2024;
(3) $121,000,000 for fiscal year 2025;
(4) $133,000,000 for fiscal year 2026; and
(5) $145,000,000 for fiscal year 2027.
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