EARTH AND ENVIRONMENTAL SCIENCES POLICY NEWSLETTER
January 9, 2022 | Lewis-Burke Associates LLC

A View from Washington
This newsletter captures significant developments in the U.S. Congress and within the executive branch, as well as new federal funding and engagement opportunities that have been announced over the past month that are relevant to the environmental research and higher education community.  

New Members, leaders, and staff arrived in Washington, D.C. as the 118th Congress begins with a rocky start, foreshadowing of difficulty conducting business, including actions to advance environmental policy and research-related legislation.  While the Senate had a relatively quiet session to swear in new members on January 3, House members were not able to assume their roles until after they elected a Speaker of the House, which was eventually finalized early on January 7 in the fifteenth vote.  The Speaker election demonstrated how difficult it will be to govern and to pass legislation in this Congress given a narrow Republican majority and divisions within the party.  

While Congress will likely experience gridlock, there may be avenues to advance bipartisan priorities in environmental research.  For example, the Farm Bill and the National Defense Authorization Act, both of which are considered “must-pass” legislation and which touch on environment-related priorities, will face difficulties passing under this divided Congress, but may still offer opportunity to see enactment of climate- and environment-related provisions.  The announcement that Senate Agriculture Committee Chairwoman Debbie Stabenow (D-MI) will not seek reelection in 2024 adds to her desire to add legacy climate-smart agriculture provisions to the Farm Bill since this has been among her top priorities throughout her tenure.

Agencies continue to assemble plans to utilize funds from the Inflation Reduction Act, CHIPS and Science Act, and the fiscal year 2023 omnibus appropriations package.  Some agencies such as the National Oceanic and Atmospheric Administration (NOAA) intend to release a spend plan for the Inflation Reduction Act funds shortly, while others such as the National Science Foundation (NSF) will likely not be as specific about their plans for the funds and will instead make determinations internally.  With a Republican majority in the House of Representatives, oversight of spending under these legislative packages will be a high priority, with leaders of environmental agencies expected to testify and defend the activities of the Biden Administration. 

The contentious start in Congress will leave Democrats in the Senate looking to provide stability and to seek additional direction to guide the appropriations process from the President’s budget request, which is anticipated to be released next month.  In addition to laying out funding goals and priorities for fiscal year 2024, the budget request may also give additional indications of expectations for use of Inflation Reduction Act funds, including those programs which the executive branch hopes to bolster in the years to come. 

IN THIS ISSUE:  
Congressional Updates

• FY 2023 Appropriations Enacted with Increased Support for Environmental Research
• Senate Agriculture Committee Holds Hearing on Farm Bill Research Title
• FY 2023 National Defense Authorization Act Enacted with Support for DOD Environmental Programs

Federal Agency and Administration Updates  

• USGCRP Releases Strategic Plan, Requests Community Input on Forthcoming Products
• OSTP Continues Efforts to Advance the Bioeconomy with PCAST Report, Requests for Information
• White House Releases Guidance on Including Indigenous Knowledge in Federal Research
• EPA Announces Leadership of the Green House Gas Reduction Fund
• Nations Agree to New Framework to Slow Biodiversity Loss

Funding and Engagement Opportunities  

• DOI Seeking Nominations to the Advisory Council for Climate Adaptation Science
• EPA Seeking Nominations to the National Environmental Justice Advisory Council 
• NSF Announces New Geosciences Open Science Ecosystem Program
• NSF and USDA Release Dear Colleague Letter to Jointly Fund CIVIC Proposals

Congressional Updates
FY 2023 Appropriations Enacted with Increased Support for Environmental Research
In December, President Biden signed into law a $1.7 trillion fiscal year (FY) 2023 appropriations package that increases funding to most federal programs of interest to the research and education communities.  The bill includes many provisions favorable to climate and environment research, with funding increases to key programs at the National Science Foundation (NSF), National Oceanic and Atmospheric Administration (NOAA), Environmental Protection Agency (EPA), and Department of Energy (DOE).  Federal agencies will be now focused on spending FY 2023 appropriations and issuing funding solicitations, as well as continuing to execute programs and release funding from the Bipartisan Infrastructure Law, the Inflation Reduction Act, and microelectronics-focused activities from the CHIPS and Science Act.  Environment-related highlights from the FY 2023 omnibus package are provided below, and the complete Lewis-Burke analysis of the omnibus is available here. 

• National Science Foundation (NSF): NSF was funded at $9.9 billion in the omnibus when all supplemental funding is included, an increase of $1 billion or 11.7 percent above the FY 2022 enacted level, the largest increase for the agency in over a decade.  All growth to NSF would be provided by supplemental funding included in the omnibus bill, with $700 million in general funding for the agency and $335 million specifically included for implementing the science provisions of the CHIPS and Science Act, including the new Technology, Innovation, and Partnerships (TIP) Directorate for which sustainability, climate, and the bioeconomy have been prioritized.  The bill directs NSF to spend no less than $970 million to support Climate Science and Sustainability Research through the U.S. Global Change Research Program and Clean Energy Technology priority areas.  This represents a 7.8 percent increase over FY 2022 enacted levels.
• National Oceanic and Atmospheric Administration (NOAA): The package provided NOAA with $6.69 billion, an increase of $809 million or 13.8 percent over the FY 2022 enacted level but slightly below the President’s budget request of $6.82 billion.  This continues the trend of historic increases for the agency via regular appropriations, supplemental funds, and reconciliation packages.  Importantly, this total includes $656.7 million in supplemental funds which are directed toward disaster relief, recovery, and preparedness in addition to the $3.3 billion allocated to the agency from the Inflation Reduction Act. 
• Environmental Protection Agency (EPA): EPA’s Science and Technology (S&T) account received $802.3 million, an increase of $52.1 million or 6.9 percent above the FY 2022 enacted level.  Despite this increase, funding for the Science to Achieve Results (STAR) Program, which supports extramural research, remained flat at $28.6 million, with congressional direction for the EPA to consider reviving the STAR Graduate Research Fellowship Program and the development of an investigator-driven modality.  In addition, the bill provides $9.5 million to support extramural research on water quality through the National Priorities Program, $3 million to support the development of three to five new Stormwater Centers of Excellence, and $108 million to support the Environmental Justice Program.
• Department of Energy (DOE): DOE received $46.2 billion, a 3.1 percent increase over the FY 2022 enacted levels but below the President’s budget request and House and Senate marks of between $48 billion or $49 billion.  The allocation includes $909 million for Biological and Environmental Research (BER), a 12.2 percent increase.  That increase would partially fund DOE’s proposed Energy Earthshot Research Centers (EERCs), which will fund single-investigator and small group awards working towards DOE’s six existing Earthshots.
• Department of the Interior (DOI): The U.S. Geological Survey (USGS) was funded at $1.5 billion, $102.8 million or 7.4 percent above the FY 2022 enacted level.  USGS received increases across all mission areas relative to the FY 2022 enacted levels.  The bill provides the National and Regional Climate Adaptation Science Centers with $63.1 million, an increase of $11.2 million or 21.6 percent over FY 2022 levels.  The bill provides a total of $9 million to the Joint Fire Science Program, representing an increase of $1 million or 12.5 percent over FY 2022 enacted levels. 
• U.S. Department of Agriculture (USDA): The bill provides $1.7 billion for the National Institute of Food and Agriculture (NIFA), USDA’s premier extramural research agency, representing a modest 3.9 percent increase.  NIFA’s Agriculture and Food Research Initiative, USDA’s flagship competitive grants program, was funded at $455 million, a $10 million increase over FY 2022 levels.  Of note, the bill supports $1 million for the Agriculture Advanced Research and Development Authority (AGARDA) to develop a management structure and begin hiring staff.  It also includes $2 million for the Research Facilities Act, a modest amount that nevertheless represents the first funding for this competitive grant program for agriculture research facilities since it was authorized in the 2018 Farm Bill.
• Department of Health and Human Services (HHS): The National Institute of Environmental Health Sciences (NIEHS) at the National Institutes of Health (NIH) received $40 million in new funding to support its highly-anticipated Climate Change and Health Initiative.  NIEHS’ overall funding for FY 2023 is $914 million, a $71.8 million or 8.5 percent increase over FY 2022.  Climate change and health efforts at the Centers for Disease Control and Prevention (CDC) were flat funded compared to FY 2022 levels at $10 million.
• Department of Defense (DOD): The Strategic Environmental Research and Development Program (SERDP) and the Environmental Security Technical Certification Program (ESTCP), DOD’s premier environmental programs, would be funded at $88.4 million and $122.6 million respectively, $30 million and $38 million above the President’s requested level.  Overall, DOD’s climate and environment initiatives would receive $452.8 million, which is $81 million more than the President’s request.  

Senate Agriculture Committee Holds Hearing on Farm Bill Research Title
In early December, the Senate Agriculture Committee held a hearing to discuss the Farm Bill Title VII, Research and Related Matters, in preparation for the upcoming Farm Bill reauthorization.  The hearing featured Dr. Chavonda Jacobs-Young, Under Secretary for Research, Education, and Economics (REE) at the U.S. Department of Agriculture (USDA), as the sole witness on the first panel.  Under Secretary Jacobs-Young advocated for three areas that would help strengthen agriculture research: investing in research, bolstering agricultural infrastructure, and promoting agricultural workforce development.

Under Secretary Jacobs-Young stated that USDA will be publishing an implementation plan for the Agriculture Advanced Research and Development Authority (AGARDA), which was authorized in the 2018 Farm Bill, in early 2023.  Due to a lack of long-term committed resources, she also conceded that there is currently no timeline to hire an Executive Director for AGARDA.  In the meantime, she said USDA is collaborating with the Foundation for Food & Agriculture Research (FFAR) to help facilitate stakeholder engagement regarding the structure and operations of AGARDA. 

Witnesses on the second panel additionally emphasized the need for increased investments in agriculture research infrastructure, workforce development and diversity, and fundamental research to address societal challenges impacting agriculture.  The Senate Agriculture Committee will continue to hold Farm Bill hearings throughout the next several months.  The current Farm Bill expires in September 2023 and will require Congress to pass a new bill or extend the current legislation. 

FY 2023 National Defense Authorization Act Enacted with Support for DOD Environmental Programs USGCRP Releases Strategic Plan, Requests Community Input on Forthcoming Products
The U.S. Global Change Research Program (USGCRP) released their 2022-2031 Strategic Plan to outline their shared priorities, which reflect input from all 13 participating agencies.  The strategic priorities are organized in four pillars: advancing science, engaging the nation, informing decisions, and collaborating internationally.  In contrast to prior decadal studies, this one is notable in its increased emphasis on diversity, equity, and inclusion, and its explicit discussion of the importance of the inclusion of indigenous knowledge.  Further, the strategy also places a greater emphasis on of the relationship between climate change and other global challenges, including biodiversity loss, which is an increasing focus of USGCRP under the leadership of its Director Mike Kuperberg and the White House Office of Science and Technology Policy (OSTP) Deputy Director for Climate and Environment Jane Lubchenco.  The strategy was published as USGCRP is conducting work on two major products, in collaboration with the scientific community.  The first is the Fifth National Climate Assessment, with comments requested through January 27, 2023.  The second is the first National Nature Assessment, with input welcome through March 31, 2023.

OSTP Continues Efforts to Advance the Bioeconomy with PCAST Report, Requests for Information
As part of the Biden Administration’s ongoing work to advance research and development related to the bioeconomy, the White House Office of Science and Technology Policy (OSTP) released a new report prepared by the President’s Council of Advisors on Science and Technology (PCAST).  The PCAST report presents several recommendations for how biomanufacturing should be harnessed to effectively address, among other topics, the nation’s goals related to sustainability, environmental justice, and climate change.  The report was required by President Biden’s September 2022 Executive Order, Advancing Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Bioeconomy.  OSTP also recently released two Requests for Information (RFIs) related to the bioeconomy.  The first seeks feedback from stakeholders on how advances in biotechnology and biomanufacturing can further societal goals, especially those relevant to climate, energy, food, and agriculture, with responses due January 20, 2023.  The second seeks input on the development of a streamlined regulatory system for biotechnology-based products, with responses due February 3, 2023. 

White House Releases Guidance on Including Indigenous Knowledge in Federal Research
The White House Office of Science and Technology Policy (OSTP) and the White House Council on Environmental Quality (CEQ) released new guidance for agencies on including Indigenous Knowledge in federal research, policy, and decision-making.  The memorandum intends to help federal agencies understand what Indigenous Knowledge is and its value, build and sustain relationships with Tribal Nations and Indigenous Peoples, and apply Indigenous Knowledge to federal programs.  The guidance asserts that “Indigenous Knowledge is a valid form of evidence for inclusion in federal policy, research, and decision-making,” citing Indigenous Knowledge holders’ early observations of environmental changes as an example.  The accompanying implementation memo directs agencies to provide a progress report to OSTP within 180 days on the steps they have taken to implement the guidance.  Guidance for this policy was shared in at the White House Tribal Nations Summit, held at OSTP and at the Department of Interior (DOI) on November 30 and December 1, 2022.   

The new guidance encourages agencies to foster and maintain partnerships with Tribal Nations, including through co-management of resources and co-production of knowledge.  This is especially important as Tribal Leaders have consistently indicated that their communities have been and will continue to be greatly impacted by the impacts of climate change and other environmental disasters.  According to the guidance, to work towards meaningful and mutually beneficial partnership, agencies are encouraged to collaborate with Tribal government agencies and staff; Inter-Tribal organizations and non-profit leaders; Indigenous Knowledge holders; local and state governments; and academics and scholars, as an additional resource for partnerships and co-production of knowledge.  Federal researchers are also encouraged to proactively seek opportunities to collaborate with Indigenous Knowledge holders to co-produce scientific information and inform policy decisions.  The guidance calls on agencies to include and value Indigenous Knowledge in federal grant opportunities, and to offer funding for co-production of knowledge.  The press release announcing the new Indigenous Knowledge guidance is available here. 

EPA Announces Leadership of the Green House Gas Reduction Fund
The Environmental Protection Agency (EPA) announced that Jahi Wise will serve as the Senior Advisor to the Administrator and Acting Director for the Greenhouse Gas Reduction Fund program.  This $27 billion program created as an amendment to the Clean Air Act under the Inflation Reduction Act is anticipated to provide competitive grants to mobilize financing and leverage private capital for clean energy and climate projects that reduce greenhouse gas emissions.  Like many other EPA programs, this program is anticipated to prioritize projects that benefit low-income and disadvantaged communities.  EPA has not yet indicated whether universities will be eligible to apply for such grants in partnership with or in service of the community, and has not given an indication of the size and scope of the types of awards it will support.  Nonetheless, EPA has stated that funding opportunities through the Greenhouse Gas Reduction Fund will be announced in the first quarter of 2023.

Nations Agree to New Framework to Slow Biodiversity Loss
In a historic agreement, 196 nations approved a new global biodiversity framework that established new targets to curb biodiversity loss in an agreement known as the Kunming-Montreal Global Biodiversity Framework.  The agreement sets out that parties to the United Nations Convention on Biological Diversity (CBD) will establish domestic goals to help achieve the conservation of 30 percent of the world’s land, inland waterways, and coastal and ocean areas by 2030, referred to as the 30 by 30 goal.  Like the Paris Agreement on Climate Change, this new agreement leaves it to each country to establish their own pathways to achieve results, with work towards 23 targets, including goals to reduce farm runoff, the rate at which invasive species are introduced to ecosystems, and the risk of pesticides.  Although the U.S. is not party to the CBD, the agreement reached is consistent with the Biden Administration’s America the Beautiful Initiative, which includes its own 30 by 30 goals.  CBD parties also took a decision to establish a new multilateral financial mechanism for the sharing of benefits from the use of digital sequence information (e.g., genetic sequence data), though the details of the fund are anticipated to be discussed further leading into the next CBD meeting, anticipated to take place in 2024 in Turkey.  Conversations there will address how this fund will interface with academia and industry as it pertains both to research and technology development.  All CBD decisions are available here.
  

Funding and Engagement Opportunities
DOI Seeking Nominations to the Advisory Council for Climate Adaptation Science
The U.S. Department of the Interior (DOI) is establishing and seeking nominations for the Advisory Council for Climate Adaptation Science.  The Council will advise the Secretary of the Interior on the operations of the U.S. Geological Survey (USGS), National Climate Adaptation Science Center (NCASC), and the regional Climate Adaptation Science Centers (CASC).  The new Advisory Council will provide recommendations on a national strategy identifying key climate adaptation science priorities; engagement with regional and CASC partners; effective delivery of science information; equity considerations of the NCASC and regional CASCs, and other topics.  Nominations must be submitted by January 16, 2023. 

EPA Seeking Nominations to the National Environmental Justice Advisory Council 
The Environmental Protection Agency (EPA) is soliciting nominations to the National Environmental Justice Advisory Council (NEJAC).  NEJAC advises the EPA Administrator on a range of issues related to environmental justice, and is comprised of members from academia, community-based organizations, industry, tribal governments and organizations, and state and local governments.  The agency is looking to add members located in all EPA regions, and especially individuals with expertise in “youth led or youth focused environmental organization; environmental measures; public health/health disparities; water infrastructure and other water concerns; farmworkers and pesticides; community sustainability and resiliency; green jobs and green infrastructure; land use and equitable development; and emerging inclusion of sub-populations.”  Nominations must be submitted by March 17, 2023. 

NSF Announces New Geosciences Open Science Ecosystem Program
The National Science Foundation (NSF) has announced a new Geosciences Open Science Ecosystem (GEO OSE) program, to support open science activities to create an “ecosystem of inclusive access to data, physical collections, software, advanced computing, and other resources toward advancing research and education in the geosciences.”  The aim of GEO OSE is to enable geoscientists to leverage information resources and computing capabilities to address geoscience grand challenges.  GEO OSE, led by the Directorate for Geosciences (GEO) aims to “foster an open, transparent, and inclusive ecosystem of software, data, and knowledge capabilities to advance geosciences understanding and to train the next generation of geoscientists.”  GEO will work with the NSF Office of Advanced Cyberinfrastructure (OAC) and other resources across the agency to advance computational and data-driven research approaches, promote openness and broadening participation efforts, and increase the use of artificial intelligence and machine learning (AI/ML) in the geosciences.  NSF anticipates total program funding will be $5 million to $10 million to support four to 10 awards.  Track 1 awards will be funded at up to $400,000 for two-years; Track 2 awards will be funded at up to $1.6 million for three-years.  Full proposals are due March 16, 2023.  The full solicitation is available here. 

NSF and USDA Release Dear Colleague Letter to Jointly Fund CIVIC Proposals
The National Science Foundation (NSF) and the U.S. Department of Agriculture (USDA) National Institute of Food and Agriculture (NIFA) released a Dear Colleague Letter (DCL) announcing their intention to jointly fund Stage 2 proposals of the Civic Innovation Challenge (CIVIC).  Proposals should address food and agricultural challenges facing local communities through either CIVIC Track A, which is focused on adaptation, mitigation, and resilience, or Track B, which is focused on improving access to essential resources and services.  NSF and NIFA particularly encourage proposals involving partnership with rural communities, as well as proposals concerning urban, indoor, and emerging agriculture.  Only teams with active CIVIC Stage 1 awards are eligible to submit proposals to this DCL.