Special Advisor to Commandant for Tribal and Native Hawaiian Affairs

(a) Reorganization Chapter 3 of title 14, United States Code, is amended by redesignating sections 312 through 325 as sections 313 through 326, respectively. (b) Clerical amendment The analysis for chapter 3 of title 14, United States Code, is amended by redesignating the items relating to sections 312 through 325 as relating to sections 313 through 326, respectively. (c) Special Advisor to Commandant for Tribal and Native Hawaiian Affairs Chapter 3 of title 14, United States Code, is further amended by inserting after section 311 the following: 312. Special Advisor to Commandant for Tribal and Native Hawaiian Affairs (a) In general In accordance with Federal trust responsibilities and treaty obligations, laws, and policies relevant to Indian Tribes and in support of the principles of self-determination, self-governance, and co-management with respect to Indian Tribes, and to support engagement with Native Hawaiians, there shall be in the Coast Guard a Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs (in this section referred to as the ‘Special Advisor’), who shall— (1) be selected by the Secretary and the Commandant through a competitive search process; (2) have expertise in Federal Indian law and policy, including government-to-government consultation; (3) to the maximum extent practicable, have expertise in legal and policy issues affecting Native Hawaiians; and (4) have an established record of distinguished service and achievement working with Indian Tribes, Tribal organizations, and Native Hawaiian organizations. (b) Career reserved position The position of Special Advisor shall be a career reserved position at the GS–15 level or greater. (c) Duties The Special Advisor shall— (1) ensure the Federal government upholds the Federal trust responsibility and conducts consistent, meaningful, and timely government-to-government consultation and engagement with Indian Tribes, which shall meet or exceed the standards of the Federal Government and the Coast Guard; (2) ensure meaningful and timely engagement with— (A) Native Hawaiian organizations; and (B) Tribal organizations; (3) advise the Commandant on all policies of the Coast Guard that have Tribal implications in accordance with applicable law and policy, including Executive Orders; (4) work to ensure that the policies of the Federal Government regarding consultation and engagement with Indian Tribes and engagement with Native Hawaiian organizations and Tribal organizations are implemented in a meaningful manner, working through Coast Guard leadership and across the Coast Guard, together with— (A) liaisons located within Coast Guard districts; (B) the Director of Coast Guard Governmental and Public Affairs; and (C) other Coast Guard leadership and programs and other Federal partners; and (5) support Indian Tribes, Native Hawaiian organizations, and Tribal organizations in all matters under the jurisdiction of the Coast Guard. (d) Direct access to Secretary and Commandant No officer or employee of the Coast Guard or the Department of Homeland Security may interfere with the ability of the Special Advisor to give direct and independent advice to the Secretary and the Commandant on matters related to this section. (e) Definitions In this section: (1) Indian tribe The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (2) Native hawaiian organization The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. (3) Tribal organization The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).. (d) Clerical amendment The analysis for chapter 3 of title 14, United States Code, is amended by inserting after the item relating to section 311 the following: 312. Special Advisor to Commandant for Tribal and Native Hawaiian Affairs.. (e) Briefings (1) Initial briefing Not later than 120 days after the date of enactment of this Act, the Commandant shall brief the Committee on Commerce, Science, and Transportation and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the manner in which the Special Advisor for Tribal and Native Hawaiian Affairs will be incorporated into the governance structure of the Coast Guard, including a timeline for the incorporation that is completed not later than 1 year after date of enactment of this Act. (2) Annual briefings on Special Advisor to the Commandant to Tribal and Native Hawaiian Affairs Not later than 1 year after the date of the establishment of the position of the Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs under section 313 of title 14, United States Code, and annually thereafter for 2 years, the Commandant shall provide the Committee on Commerce, Science, and Technology and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on the duties, responsibilities, and actions of the Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs, including management of best practices. (3) Briefing on collaboration with Tribes on research consistent with Coast Guard mission requirements (A) In general Not later than 1 year after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Technology and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on potential collaborations on and research and use of indigenous place-based knowledge and research. (B) Element In providing the briefing under subparagraph (A), the Commandant shall identify current and potential future opportunities to improve coordination with Indian Tribes, Native Hawaiian organizations, and Tribal organizations to support— (i) Coast Guard mission needs, such as the potential for research or knowledge to enhance maritime domain awareness, including opportunities through the ADAC–ARCTIC Center of Excellence of the Department of Homeland Security; and (ii) Coast Guard efforts to protect indigenous place-based knowledge and research. (4) Definitions In this subsection: (A) Indian tribe The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (B) Native hawaiian organization The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. (C) Tribal organization The term Tribal organization has the meaning given the such in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (f) Rule of construction Nothing in this section, or an amendment made by this section, shall be construed to impact— (1) the right of any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or (2) any government-to-government consultation. (g) Conforming amendments (1) Section 11237 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is amended— (A) in subsection (a), by striking section 312 of title 14 and inserting section 313 of title 14; and (B) in subsection (b)(2)(A), by striking section 312 of title 14 and inserting section 313 of title 14. (2) Section 807(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking section 313 of title 14 and inserting section 314 of title 14. (3) Section 3533(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is amended by striking section 315 of title 14 and inserting section 316 of title 14. (4) Section 311(j)(9)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(9)(D)) is amended by striking section 323 of title 14 each place it appears and inserting section 324 of title 14 each such place.