33 U.S. Code § 2281a - Tribal Liaison

(a) In general

Beginning not later than 1 year after December 23, 2022, the District Commander for each Corps of Engineers district that contains a Tribal community shall have on staff a Tribal Liaison.

(b) Duties

Each Tribal Liaison shall make recommendations to the applicable District Commander regarding, and be responsible for—

(1) removing barriers to access to, and participation in, Corps of Engineers programs for Tribal communities, including by improving implementation of section 2213(m) of this title;

(2) improving outreach to, and engagement with, Tribal communities about relevant Corps of Engineers programs and services;

(3) identifying and engaging with Tribal communities suffering from water resources challenges;

(4) improving, expanding, and facilitating government-to-government consultation between Tribal communities and the Corps of Engineers;

(5) coordinating and implementing all relevant Tribal consultation policies and associated guidelines, including the requirements of section 2356 of title;

(6) training and tools to facilitate the ability of Corps of Engineers staff to effectively engage with Tribal communities in a culturally competent manner, especially in regards to lands of ancestral, historic, or cultural significance to a Tribal community, including burial sites; and

(7) such other issues identified by the Secretary.

(c) Uniformity

Not later than 120 days after December 23, 2022, the Secretary shall finalize guidelines for—

(1) a position description for Tribal Liaisons; and

(2) required qualifications for Tribal Liaisons, including experience and expertise relating to Tribal communities and water resource issues.

(d) Funding

Funding for the position of Tribal Liaison shall be allocated from the budget line item provided for the expenses necessary for the supervision and general administration of the civil works program, and filling the position shall not be dependent on any increase in this budget line item.

(e) Definitions

In this section:

(1) Tribal community

The term “Tribal community” means a community of people who are recognized and defined under Federal law as indigenous people of the United States.

(2) Tribal Liaison

The term “Tribal Liaison” means a permanent employee of a Corps of Engineers district whose primary responsibilities are to—

(A) serve as a direct line of communication between the District Commander and the Tribal communities within the boundaries of the Corps of Engineers district; and

(B) ensure consistency in government-to-government relations.

(Pub. L. 117–263, div. H, title LXXXI, § 8112, Dec. 23, 2022, 136 Stat. 3704.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined

Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117–263, set out as a note under section 2201 of this title.