Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2281a. Tribal Liaison
Statutory text
In general
Beginning not later than 1 year after , the District Commander for each Corps of Engineers district that contains a Tribal community shall have on staff a Tribal Liaison.
Duties
Each Tribal Liaison shall make recommendations to the applicable District Commander regarding, and be responsible for—
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;
improving outreach to, and engagement with, Tribal communities about relevant Corps of Engineers programs and services;
identifying and engaging with Tribal communities suffering from water resources challenges;
improving, expanding, and facilitating government-to-government consultation between Tribal communities and the Corps of Engineers;
coordinating and implementing all relevant Tribal consultation policies and associated guidelines, including the requirements of section 2356 of title;
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
such other issues identified by the Secretary.
Uniformity
Not later than 120 days after , the Secretary shall finalize guidelines for—
a position description for Tribal Liaisons; and
required qualifications for Tribal Liaisons, including experience and expertise relating to Tribal communities and water resource issues.
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.
Definitions
In this section:
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.
Tribal Liaison
The term “Tribal Liaison” means a permanent employee of a Corps of Engineers district whose primary responsibilities are to—
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
ensure consistency in government-to-government relations.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Water Resources Development Act of 2022
Pub. L. 117–263 div. H title LXXXI § 8112 · 136 Stat. 2395
Enacted · 33 U.S.C. § 2281a
(Pub. L. 117–263, div. H, title LXXXI, § 8112, Dec. 23, 2022, 136 Stat. 3704.)
Source evidence
Code source credit
(Pub. L. 117–263, div. H, title LXXXI, § 8112, Dec. 23, 2022, 136 Stat. 3704.)Enacted provision · exact public law section
SEC. 8112. TRIBAL LIAISON. (a) In General.— Beginning not later than 1 year after the date of enactment of this Act, 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 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)); (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 112 of the Water Resources Development Act of 2020 (33 U.S.C. 2356); (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 the date of enactment of this Act, 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.
1 of 1 references resolved to an enrolled provision
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.