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14 U.S.C. § 317 — Special Advisor to Commandant for Tribal and Native Hawaiian Affairs
Federal law — U.S. Code and appendices · legal_authorities
**(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 eng
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Source location: Title 14, Chapter 3, § 317; chapter-003-composition-and-organization.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Community consultation** — The term “community consultation” means a public gathering—
(A) to discuss Native Hawaiian education concerns; and
(B) about which the public has been given not less than 30 days notice.
(2) **Native Hawaiian** — The term “Native Hawaiian” means any individual who is—
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by—
(i) genealogical records;
(ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or
(iii) certified birth records.
(3) **Native Hawaiian community-based organization** — The term “Native Hawaiian community-based organization” means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community.
(4) **Native Hawaiian educational organization** — The term “Native Hawaiian educational organization” means a private nonprofit organization that—
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and policymaking positions within the organization;
(C) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization;
(D) has demonstrated expertise in the education of Native Hawaiian youth; and
(E) has demonstrated expertise in research and program development.
(5) **Native Hawaiian language** — The term “Native Hawaiian language” means the single Native American language indigenous to the original inhabitants of the State of Hawaii.
(6) **Native Hawaiian organization*
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7517
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The United States Coast Guard Band shall be composed of a director and other personnel in such numbers and grades as the Secretary determines to be necessary.
**(b)** The Secretary may designate as the director any individual determined by the Secretary to possess the necessary qualifications. Upon the recommendation of the Secretary, an individual so designated may be appointed by the President, by and with the advice and consent of the Senate, to a commissioned grade in the Regular Coast Guard.
**(c)** The initial appointment to a commissioned grade of an individual designated as director of the Coast Guard Band shall be in the grade determined by the Secretary to be most appropriate to the qualifications and experience of the appointed individual.
**(d)** An individual who is designated and commissioned under this section shall not be included on the active duty promotion list. He shall be promoted under [section 2126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2126&num=0&edition=prelim). However, the grade of the director may not be higher than captain.
**(e)** The Secretary may revoke any designation as director of the Coast Guard Band. When an individual’s designation is revoked, his appointment to commissioned grade under this section terminates and he is entitled, at his option—
(1) to be discharged from the Coast Guard; or
(2) to revert to the grade and status he held at the time of his designation as director.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unmanned System Program.—** Not later than 2 years after the date of enactment of this section, the Secretary shall establish, under the control of the Commandant, an unmanned system program for the use by the Coast Guard of land-based, cutter-based, and aircraft-based unmanned systems for the purpose of increasing effectiveness and efficiency of mission execution.
**(b) Autonomous Control and Computer Vision Technology Project.—**
(1) **In general.—** — The Commandant shall conduct a project to retrofit up to 4 existing Coast Guard small boats deployed at operational units with—
(A) commercially available autonomous control and computer vision technology; and
(B) such sensors and methods of communication as are necessary to control, and technology to assist in conducting, search and rescue, surveillance, and interdiction missions.
(2) **Data collection.—** — As part of the project required under paragraph (1), the Commandant shall collect and evaluate field-collected operational data from the retrofit described in such paragraph to inform future requirements.
(3) **Briefing.—** — Not later than 180 days after the date on which the project required under paragraph (1) is completed, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing in person or in writing on the project that includes an evaluation of the data collected from the project.
**(c) Unmanned System Defined.—** In this section, the term “unmanned system” means—
(1) an unmanned aircraft system (as such term is defined in [section 44801 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44801&num=0&edition=prelim
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Federal law — U.S. Code and appendices · legal_authorities
Page 24
TITLE 14—COAST GUARD
§ 317
(2) all financial obligations of the Associa-
tion incident to the National Coast Guard Mu-
seum have been satisfied.
(g) SERVICES.—The Commandant may solicit
from the Association and accept services from
nonprofit entities, including services related to
activities for construction of the Museum.
(h) AUTHORITY.—The Commandant may not es-
tablish a Museum except as set forth in this sec-
tion.
(i) DEFINITIONS.—In this section:
(1) MUSEUM.—The term ‘‘Museum’’ means
the National Coast Guard Museum.
(2) ASSOCIATION.—The term ‘‘Association’’
means the National Coast Guard Museum As-
sociation.
(Added Pub. L. 108–293, title II, § 213(a), Aug. 9,
2004, 118 Stat. 1037, § 98; amended Pub. L. 114–120,
title II, § 219, Feb. 8, 2016, 130 Stat. 48; renum-
bered § 316 and amended Pub. L. 115–282, title I,
§ 104(b), title III, § 303, Dec. 4, 2018, 132 Stat. 4196,
4243; Pub. L. 116–283, div. G, title LVXXXIV
[LXXXIV], § 8439(a), Jan. 1, 2021, 134 Stat. 4737;
Pub. L. 117–263, div. K, title CXII, § 11259, Dec. 23,
2022, 136 Stat. 4058.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020, referred to in
subsec. (c), is the date of enactment of div. G of Pub.
L. 116–283, which was approved Jan. 1, 2021.
AMENDMENTS
2022—Subsec. (c)(4). Pub. L. 117–263 substituted ‘‘a
third party entity qualified to undertake such a certifi-
cation process’’ for ‘‘the Inspector General of the de-
partment in which the Coast Guard is operating’’.
2021—Pub. L. 116–283 amended section generally. Prior
to amendment, section related to National Coast Guard
Museum.
2018—Pub. L. 115–282, § 303, amended section generally.
Prior to amendment, section related to National Coast
Gua
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 317
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1567
TITLE 20—EDUCATION
§ 7517
‘‘(ii) family literacy services;
‘‘(iii) counseling and support services for students re-
ceiving scholarship assistance;
‘‘(iv) counseling and guidance for Native Hawaiian
secondary students who have the potential to receive
scholarships; and
‘‘(v) faculty development activities designed to pro-
mote the matriculation of Native Hawaiian students;’’.
Subsec. (a)(4). Pub. L. 114–95, § 6003(c)(1)(C), struck out
par. (4). Text read as follows:
‘‘(A) INSTITUTIONS
OUTSIDE
HAWAII.—The Secretary
shall not establish a policy under this section that pre-
vents a Native Hawaiian student enrolled at a 2- or 4-
year degree granting institution of higher education
outside of the State of Hawaii from receiving a scholar-
ship pursuant to paragraph (3)(I).
‘‘(B) SCHOLARSHIP
CONDITIONS.—The Secretary shall
establish conditions for receipt of a scholarship award-
ed under paragraph (3)(I). The conditions shall require
that an individual seeking such a scholarship enter
into a contract to provide professional services, either
during the scholarship period or upon completion of a
program of postsecondary education, to the Native Ha-
waiian community.’’
Subsec. (c)(1). Pub. L. 114–95, § 6003(c)(2)(A), sub-
stituted ‘‘$32,397,000 for each of fiscal years 2017 through
2020’’ for ‘‘such sums as may be necessary for fiscal
year 2002 and each of the 5 succeeding fiscal years’’.
Pub. L. 114–95, § 6001(b)(10)(A), made technical amend-
ment to reference in original act which appears in text
as reference to section 7514 of this title.
Subsec. (c)(2). Pub. L. 114–95, § 6003(c)(2)(B), sub-
stituted ‘‘for each of fiscal years 2017 through 2020’’ for
‘‘for fiscal year 2002 and each of the 5 succeeding fiscal
years’’.
Pub. L. 114–95, § 6001(b)(
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7517
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Federal law — U.S. Code and appendices · legal_authorities
Page 719
TITLE 25—INDIANS
§ 5304
with the Secretary of the Interior, shall report to the
President on progress toward establishing training
modules regarding Tribal consultation and shall iden-
tify additional resources or other support necessary to
implement this training.
SEC. 9. Definitions. The terms ‘‘Tribal officials,’’
‘‘policies that have Tribal implications,’’ and ‘‘agency’’
as used in this memorandum are as defined in Execu-
tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na-
tions’’ as used in this memorandum have the same defi-
nition as the term ‘‘Indian Tribe’’ as defined in Execu-
tive Order 13175.
SEC. 10. Scope. Nothing in this memorandum shall be
construed to impair or otherwise affect the ability of
heads of agencies to set more specific or more stringent
standards, or to incorporate other best practices, for
conducting Tribal consultation.
SEC. 11. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) Independent agencies are strongly encouraged to
comply with the provisions of this memorandum.
(e) The Director of the Office of Manage
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5304
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5304. This identifies an authority to review, not proof of applicability.