§317. 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).

(Added Pub. L. 119–60, div. G, title LXXII, §7201(e)(6), Dec. 18, 2025, 139 Stat. 1679 .)

Editorial Notes

Prior Provisions

A prior section 317 was renumbered section 311 of this title.

Statutory Notes and Related Subsidiaries

Rule of Construction

Pub. L. 119–60, div. G, title LXXII, §7201(h)(3)(C), (D), Dec. 18, 2025, 139 Stat. 1686 , provided that:

"(C) Definitions.-In this subsection [enacting this note and provisions not set out in the Code]:

"(i) 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).

"(ii) 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.

"(iii) Tribal organization.-The term 'Tribal organization' has the meaning given the such [sic] in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

"(D) Rule of construction.-Nothing in this subsection, or an amendment made by subsection (d)(6) [sic, there is no section 7201(d)(6) of Pub. L. 119–60; section 7201(e)(6) of Pub. L. 119–60 enacted sections 316, 317, and 318 of this title], shall be construed to impact-

"(i) the right of any Indian Tribe; or

"(ii) any government-to-government consultation."