14 U.S.C. § 317 — Special Advisor to Commandant for Tribal and Native Hawaiian Affairs

This section creates a Special Advisor position in the Coast Guard for Tribal and Native Hawaiian affairs.

(a) The position. Consistent with federal trust responsibilities, treaty obligations, and the principles of tribal self-determination, self-governance, and co-management, the Coast Guard must have a Special Advisor to the Commandant^* for Tribal and Native Hawaiian Affairs. That person: (1) is chosen by the Secretary^* and the Commandant through a competitive search; (2) must know Federal Indian law and policy, including government-to-government consultation; (3) should, as much as practical, also know the legal and policy issues affecting Native Hawaiians; and (4) must have a proven record of distinguished work with Indian Tribes, Tribal organizations, and Native Hawaiian organizations.

(b) Job classification. The position is a career reserved position, at the GS-15 level or higher.

(c) Duties. The Special Advisor must: (1) make sure the federal government lives up to its trust responsibility and holds consistent, meaningful, timely government-to-government consultation with Indian Tribes, at a standard that meets or beats the rest of the federal government and the Coast Guard; (2) ensure meaningful, timely engagement with Native Hawaiian organizations and Tribal organizations; (3) advise the Commandant on every Coast Guard policy that touches Tribal interests, following applicable law and policy, including Executive Orders; (4) work to make sure federal consultation and engagement policies actually get carried out — coordinating with district liaisons, the Director of Coast Guard Governmental and Public Affairs, other Coast Guard leadership and programs, and other federal partners; and (5) support Indian Tribes, Native Hawaiian organizations, and Tribal organizations in anything under Coast Guard jurisdiction.

(d) Independence. No Coast Guard or Department of Homeland Security officer or employee may interfere with the Special Advisor's ability to give direct, independent advice to the Secretary and the Commandant on matters covered by this section.

(e) Definitions. "Indian Tribe" has the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). "Native Hawaiian organization" has the meaning given in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517), except that here it also includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. "Tribal organization" has the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).