CASC Act

Bill: 118-s-5469
Sponsor: full_name: Sen. Hirono, Mazie K. [D-HI]
Introduced: 2024-12-10
Policy area: Public Lands and Natural Resources
Latest action: action_date: 2024-12-10
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5469 IN THE SENATE OF THE UNITED STATES December 10, 2024 Ms. Hirono (for herself, Mr. Durbin , Mr. Markey , Mr. Luján , Mr. Whitehouse , Ms. Smith , Mr. Heinrich , Ms. Warren , Mr. Hickenlooper , Mr. Schatz , and Mr. Wyden ) 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 actual or expected climate and 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) Advisory service activities The term advisory service activities means activities including— (A) sharing climate science and climate adaptation knowledge between National and Regional Climate Adaptation Science Center researchers, stakeholders, and other partners; (B) building collaborations between National and Regional Climate Adaptation Science Center researchers, stakeholders, and other partners; and (C) integrating climate adaptation science into natural and cultural resource management, decision-making and planning. (3) Committee The term Committee means the Advisory Committee on Climate and Natural Resource Sciences established under section 6. (4) Consortium institution The term consortium institution means college, university, 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, or any other party within each regional center other than the United States Geological Survey and the host institution. (5) Cultural resources The term cultural resources — (A) means those features and values related to cultural heritage; and (B) includes— (i) biological species with cultural heritage or ceremonial importance, and historic and precontact sites, cultural landscapes, trails, structures, inscriptions, art, and artifacts on Federal lands or representative of the culture of Indian Tribes, Native Hawaiians, and Native American Pacific Islanders; and (ii) resources considered to be cultural resources according to the traditional knowledge of Indian Tribes, Native Hawaiians, and Native American Pacific Islanders. (6) Department The term Department means the Department of the Interior. (7) Ecosystem services The term ecosystem services means those benefits that ecosystems provide humans and human society, including clean air, clean water, and other economically important services. (8) Historically Black Colleges and Universities The term Historically Black Colleges and Universities has the same meaning given the term part B institutions in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (9) Host institution The term host institution means the non-Federal lead organization within each regional center. (10) 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(e) ). (11) Minority-serving institution The term minority-serving institution means a Hispanic-serving institution, an Alaska Native-serving institution, a Native Hawaiian-serving institution, a Predominantly Black Institution, an Asian American and Native American Pacific Islander-serving institution, or a Native American-serving nontribal institution (as described in section 371 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 islanders The term Native American Pacific Islanders 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— (A) the Office of Hawaiian Affairs; (B) Hui Malama I Na Kupuna O Hawai’i Nei; and (C) any other organization that— (i) serves and represents the interests of Native Hawaiians; (ii) has as a primary and stated purpose the provision of services to Native Hawaiians; and (iii) has expertise in Native Hawaiian Affairs. (16) Natural resources The term natural resources has the meaning given that term in section 11.14 of title 43, Code of Federal Regulations. (17) Regional center The term regional center means one of the Regional Climate Adaptation Science Centers established under section 3(a) that provide support for specific geographic locations in the United States. (18) Secretary The term Secretary means the Secretary of the Interior. (19) State The term State means— (A) a State of the United States; (B) the District of Columbia; (C) American Samoa; (D) Guam; (E) the Commonwealth of the Northern Mariana Islands; (F) Puerto Rico; and (G) the Virgin Islands of the United States. (20) Tribal college or university The term Tribal College or University means an institution that— (A) qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ) or the Navajo Community College Act ( 25 U.S.C. 640a note); or (B) is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note). (21) Tribal organization The term Tribal organization means— (A) the recognized governing body of any Indian Tribe; or (B) any legally established organization of Indians that is— (i) controlled, sanctioned, or chartered by the recognized governing body of an Indian Tribe; or (ii) (I) democratically elected by the adult members of the Indian community to be served by such organization; and (II) includes the maximum participation of Indians in all phases of its activities. (22) University The term university has the meaning given to the term institution of higher education in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). 3. Establishment and duties (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 , which shall— (A) provide scientific expertise to agencies, organizations, individuals, Indian Tribes, tribal organizations, and Native Hawaiian organizations engaged in the management 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) include a National Climate Adaptation Science Center and Regional Climate Adaptation Science Centers. (2) Chief; Directors (A) Chief The Chief of the National Center shall be a United States Geological Survey employee and shall be responsible for national-scale and network-wide strategic initiatives, science direction, and partnerships. (B) Directors Each regional center shall have— (i) a Federal Director who shall— (I) be a United States Geological Survey employee; (II) report directly to the Chief of the National Center; and (III) be responsible for region-specific and cross-regional strategic initiatives and implementation of climate science research agendas; and (ii) a Host Institution Director who shall— (I) carry out the terms and conditions of the financial assistance award; (II) lead the institutional consortium in each region; and (III) oversee training and capacity building at the host and consortium institutions. (C) Cooperative work Each Regional Federal Director and each Host Institution Director shall work cooperatively to further the mission of the relevant regional center. (D) Administration The National Center and all regional centers shall be administered by the United States Geological Survey. (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 and collaborate with other Federal agencies working on similar research and activities to— (A) minimize, as much as possible, the duplication of research and effort; and (B) use, as much as possible, existing data in the development of new or ongoing research; (5) conduct research on cross-regional and national science priorities; (6) support regional centers that— (A) are hosted at a university, or a consortium of universities or other research institutions, within the region of each regional center; (B) are collaborations between the Federal Director and the Host Institution Director and their staffs to address the broad scientific mission and goals as defined by the National Center in a manner that is relevant to its specific geographic region and 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 to stakeholders, Tribal governments, and the public via informational publications, trainings, and other outreach methods; 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) evaluate and assess the performance of the programs of regional centers every five years, using the priorities, guidelines, and qualifications established by the Secretary under this section, and determine if the programs 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 so as to— (i) conduct regionally relevant research, education, training, and advisory service activities in each of the regions; (ii) encourage collaborations among regional centers to address regional and national priorities established under this section; (iii) ensure successful implementation and operation of regional centers; (iv) to the maximum extent consistent with other provisions of this Act, provide a stable base of funding in support of the regional centers on 5-year terms, with additional funds available annually subject to the availability of appropriations; (v) encourage and promote coordination and cooperation between the research, education, training, and advisory service activities of the Department and those of the host and consortium institutions; and (vi) pay the official Federal Government negotiated overhead rate to the host institution and partners on the basic agreement establishing the location of the regional center. (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 its work; and (2) operate and fund a network of not fewer than nine regional centers that shall address the impacts of climate trends and variability, including extreme weather events, on natural and cultural resources and ecosystem services. (d) Designation of the regional centers (1) Existing regional center Designations (A) In general Any institution or consortium of institutions designated as a regional center before the date of enactment of this Act shall participate in one final competition for its status as a regional center upon the conclusion of its existing 5-year term to assure that the host institutions and association consortium institutions update proposals recognizing the long-term commitment as a host. (B) Recompetes After the next competition for regional center after the date of enactment of this Act, a designated regional center shall not have to recompete on 5-year terms, but shall be subject to review on 5-year terms as described in paragraph (2). After competed, the final agreements shall only be recompeted in the event of a failed review. (2) Reviews of the regional centers (A) The Chief of the National Center, in consultation with the Committee, shall establish guidelines for 5-year merit reviews of each regional center, which shall include guidelines for— (i) the establishment of a statement of objectives, agreed upon by the National Center and regional host institutions at the beginning of the 5-year term, that outline the expectations of activities or measures of success to be completed during the agreed upon period; and (ii) an independent merit review, conducted by the National Center, of the host institution’s activities as related to the statement of objectives. (B) If a regional center does not meet the requirements included in the statement of objective as determined by the independent merit review referred to in subparagraph (A)(ii), the host institution or consortium of institutions may not continue as a host of a regional center. (C) If a host institution or consortium of institution fails a merit review referred to in subparagraph (A)(ii), the Chief of the National Center may give the host institution or consortium of institutions a probationary period of one year. After the one-year probationary period, the Chief of the National Center shall undertake an additional review referred to in subparagraph (A)(ii) to determine if the host institution or consortium of institutions shall— (i) continue as a host of a regional center; or (ii) not continue as a host of a regional center, in which case the Chief of the National Center shall initiate a competitive process to select a new host institution. (D) The Chief of the National Center shall ensure that reviews completed pursuant to this paragraph are publicly available. (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 consortium institutions at any time to address regional and national priorities established under this section. (4) FACA Committees, subcommittees, and working groups appointed by Federal Directors of the regional centers pursuant to this subsection shall not be subject to chapter 10 of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act ). (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, universities, other research or educational institutions, and other partner organizations, regional centers shall develop research, education, training, and advisory service priorities regarding the impacts of climate trends and variability on natural and cultural resource management in their regions for the purpose of climate adaptation. (f) Project solicitation Subject to the availability of appropriations, each regional center shall undergo a project solicitation process annually that shall— (1) include regionally identified science priority topics; (2) work with science partners in the region to develop a scientific review process to assure the highest quality of proposals are selected; and (3) final decisions on annual project selections shall be made by the Federal Directors of the regional centers. 4. General authority to enter into contracts, grants, cooperative agreements, and interagency agreements (a) Authority The Director of the United States Geological Survey is authorized to enter into contracts, grants, and cooperative agreements with a host institution or consortium institution to further the research, education, training, and advisory service activities of the Department or its partners relating to impacts of climate trends and variability. This authority supplements all other laws relating to the Department and is not to be construed as limiting or repealing any existing authorities. (b) Legal instruments The Director of the United States Geological Survey 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 further 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 any such cooperative agreement under this section by contributing funds through the National Center or otherwise if it is mutually agreed that the objectives of the agreement shall further the authorized programs of the contributing agency. (d) Approval required In any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian Tribe, the approval of each such Indian Tribe shall be a prerequisite to the letting or making of such 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 and cultural resources, ecosystem services, or climate variability or change, including all member agencies of the United States Global Change Research Program— (1) shall, upon a written request from the Secretary, furnish any available data or other information that the Secretary deems necessary to carry out any provision of section 3; (2) shall cooperate with the National Center, regional centers, and duly authorized officials thereof; (3) may make available, on a reimbursable basis or otherwise, any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Chief of the National Center deems necessary to carry out any provision of section 3; and (4) may transfer budgetary resources or otherwise enter into interagency agreements, including 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, when approved by the Chief of the National Center and their counterpart in the other 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. (b) Advisory Committee (1) Establishment Not later than 180 days after the date of the enactment of this Act, and pursuant to chapter 10 of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act ), the Secretary shall establish an Advisory Committee on Climate and Natural Resource Sciences to advise the National and Regional Climate Adaptation Science Centers on the following: (A) The contents of a national strategy identifying key climate adaptation science priorities to advance the management of natural and cultural resources in the face of climate change. (B) The nature, extent, and quality of relations with and facilitating engagement of key partners at the regional center level. (C) The nature and effectiveness of mechanisms to effectively deliver science information and tools, and build capacity, to aid the natural and cultural resource management community and decision-makers in adapting to a changing climate. (D) Mechanisms that may be employed by the National Center to ensure high standards of scientific quality and integrity in its products. (E) The integration of equity, particularly for historically underserved communities, in the operation of the National Center and regional centers. (2) Voting Members The Committee shall have not fewer than 15 voting members who shall be appointed by the Secretary. Each voting member shall be an employee of— (A) an Indian Tribe; (B) a Tribal organization; (C) a Native Hawaiian organization; (D) a State or local government; (E) a nongovernmental organization whose primary mission is conservation and related scientific and advocacy activities; (F) an academic institution; or (G) other sectors, environmental justice organizations, or private industry. (3) Non-voting members A Host Institution Director who is elected by the various Host Institution Directors shall serve as a non-voting member of the Committee. No individual is eligible to be a voting member of the Committee if the individual is— (A) a Host Institution Director; (B) a full-time officer or employee of the United States; or (C) a voting member of the Committee who is an applicant for or beneficiary of any grant or contract under this Act shall abstain from voting when there is a conflict of interest. (4) Chair The Director of the United States Geological Survey shall appoint a Committee Chair from among the members of the Committee. (5) Vice Chair The Committee shall select one voting member to serve as the Vice Chair, who shall act as Chair in the absence or incapacity of the Chair. (6) Nominations Not less than once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee. (7) Term of Office (A) The term of office of a voting member of the Committee shall be not more than 3 years. (B) No individual may serve more than two consecutive terms as a voting member of the Committee. (C) The Chair may extend the term of office of a voting member of the Committee by up to 1 year. (D) Any individual appointed to a partial or full term may be reappointed for one additional full term. (8) 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. (9) Estimated number and frequency of meetings The Committee shall meet approximately one to two times annually, and at such other times as designated by the Director of the United States Geological Survey. (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 proposals, and evaluation of the National Center and the regional centers. (2) Members The committees or working groups shall, to the extent practicable, include members from Federal and State government, universities, 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, including providing advance notice of meetings, providing adequate opportunity for public input and comment, maintaining appropriate records, and making a record of the proceedings of meetings available for public inspection. (4) Implementation; availability of records The Secretary shall ensure that the procedures described in paragraph (3) are adopted and implemented and that the records described in paragraph (3) are accurately maintained and available for public inspection. (5) FACA (A) The committees or working groups shall not be considered advisory committees under chapter 10 of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act ). (B) Seeking advice and input under paragraph (1) shall not be subject to chapter 10 of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act ).