II 117th CONGRESS 2d Session S. 3621 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.

1. Short title This Act may be cited as the Climate Adaptation Science Centers Act or the CASC Act . 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. 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. 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. 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. 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.). 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.