33 U.S.C. § 2281a — Tribal Liaison

Page 759 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2281a § 2281. Matters to be addressed in planning (a) In general Enhancing national economic development (including benefits to particular regions of the Nation not involving the transfer of economic activity to such regions from other regions), the quality of the total environment (including preservation and enhancement of the environ- ment), the well-being of the people of the United States, the prevention of loss of life, and the preservation of cultural and historical values shall be addressed in the formulation and eval- uation of water resources projects to be carried out by the Secretary, and the associated bene- fits and costs, both quantifiable and unquantifiable, and information regarding po- tential loss of human life that may be associ- ated with flooding and coastal storm events, shall be displayed in the benefits and costs of such projects. (b) Assessments For all feasibility reports for water resources projects completed after December 31, 2007, the Secretary shall assess whether— (1) the water resources project and each sep- arable element is cost-effective; and (2) the water resources project complies with Federal, State, and local laws (including regu- lations) and public policies. (Pub. L. 99–662, title IX, § 904, Nov. 17, 1986, 100 Stat. 4185; Pub. L. 101–640, title III, § 315, Nov. 28, 1990, 104 Stat. 4641; Pub. L. 104–303, title II, § 231, Oct. 12, 1996, 110 Stat. 3704; Pub. L. 110–114, title II, § 2033(a), Nov. 8, 2007, 121 Stat. 1084.) Editorial Notes AMENDMENTS 2007—Pub. L. 110–114 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1996—Pub. L. 104–303 inserted ‘‘and information re- garding potential loss of human life that may be associ- ated with flooding and coastal storm events,’’ after ‘‘unquantifiable,’’. 1990—Pub. L. 101–640 inserted ‘‘(including preserva- tion and enhancement of the environment)’’ after ‘‘en- vironment’’. Statutory Notes and Related Subsidiaries RURAL PROJECT EVALUATION AND SELECTION CRITERIA Pub. L. 102–580, title II, § 214, Oct. 31, 1992, 106 Stat. 4831, directed Comptroller General, not later than 18 months after Oct. 31, 1992, to report to Congress with specific legislative and other recommendations on im- proving the equitable distribution of water resources development projects in rural areas, prior to repeal by Pub. L. 104–316, title I, § 117, Oct. 19, 1996, 110 Stat. 3835. § 2281a. Tribal Liaison (a) In general Beginning not later than 1 year after Decem- ber 23, 2022, the District Commander for each Corps of Engineers district that contains a Trib- al community shall have on staff a Tribal Liai- son. (b) Duties Each Tribal Liaison shall make recommenda- tions to the applicable District Commander re- garding, and be responsible for— (1) removing barriers to access to, and par- ticipation 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 be- tween Tribal communities and the Corps of Engineers; (5) coordinating and implementing all rel- evant Tribal consultation policies and associ- ated guidelines, including the requirements of section 2356 of title; (6) training and tools to facilitate the ability of Corps of Engineers staff to effectively en- gage with Tribal communities in a culturally competent manner, especially in regards to lands of ancestral, historic, or cultural signifi- cance to a Tribal community, including burial sites; and (7) such other issues identified by the Sec- retary. (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 Liai- sons, including experience and expertise relat- ing to Tribal communities and water resource issues. (d) Funding Funding for the position of Tribal Liaison shall be allocated from the budget line item pro- vided for the expenses necessary for the super- vision 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 com- munity of people who are recognized and de- fined under Federal law as indigenous people of the United States. (2) Tribal Liaison The term ‘‘Tribal Liaison’’ means a perma- nent 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 Page 760 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2281b M. Inhofe National Defense Authorization Act for Fis- cal 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 sec- tion 8002 of Pub. L. 117–263, set out as a note under sec- tion 2201 of this title. § 2281b. Corps of Engineers support for under- served communities; outreach (a) In general It is the policy of the United States for the Corps of Engineers to strive to understand and accommodate and, in coordination with non- Federal interests, seek to address the water re- sources development needs of all communities in the United States. (b) Outreach and access (1) In general The Secretary shall, at Federal expense, de- velop, support, and implement public aware- ness, education, and regular outreach and en- gagement efforts for potential non-Federal in- terests with respect to the water resources de- velopment authorities of the Secretary, with particular emphasis on— (A) technical service programs, including the authorities under— (i) section 709a of this title; (ii) section 1962d–16 of title 42; and (iii) section 2269 of this title; (B) continuing authority programs, as such term is defined in section 2282d(c)(1)(D) of this title; and (C) ensuring that a potential non-Federal interest is aware of the roles, responsibil- ities, and financial commitments associated with a completed water resources develop- ment project prior to initiating a feasibility study (as defined in section 2215(d) of this title), including operations, maintenance, repair, replacement, and rehabilitation re- sponsibilities. (2) Implementation In carrying out this subsection, the Sec- retary shall— (A) develop and make publicly available (including on a publicly available website), technical assistance materials, guidance, and other information with respect to the water resources development authorities of the Secretary; (B) designate and make publicly available a community project advisor at each district and division office of the Corps of Engineers for— (i) inquiries from potential non-Federal interests relating to the water resources development authorities of the Secretary; and (ii) any other responsibilities as deter- mined by the Secretary that are appro- priate to carry out this section; (C) conduct regular outreach and engage- ment, including through hosting seminars and community information sessions, with local elected officials, community organiza- tions, and previous and potential non-Fed- eral interests, on opportunities to address local water resources challenges through the water resources development authorities of the Secretary; (D) issue guidance for, and provide tech- nical assistance through technical service programs to, non-Federal interests to assist such interests in pursuing technical services and developing proposals for water resources development projects; (E) provide, at the request of a non-Fed- eral interest, assistance with researching and identifying existing project authoriza- tions or authorities to address local water resources challenges; and (F) to the maximum extent practicable— (i) develop and continue to make pub- licly available, through a publicly avail- able existing website, information on the projects and studies within the jurisdic- tion of each district of the Corps of Engi- neers; and (ii) ensure that the information de- scribed in clause (i) is consistent and made publicly available in the same manner across all districts of the Corps of Engi- neers. (3) Guidance The Secretary shall develop and issue guid- ance to ensure that community project advi- sors designated under paragraph (2)(B) are ade- quately fulfilling their obligations under that paragraph. (4) Prioritization In carrying out this subsection, the Sec- retary shall, to the maximum extent prac- ticable, prioritize awareness, education, and outreach and engagement to economically dis- advantaged communities (as defined by the Secretary under section 160 of the Water Re- sources Development Act of 2020 (33 U.S.C. 2201 note)), including economically disadvantaged communities located in urban and rural areas. (5) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each fiscal year. (Pub. L. 117–263, div. H, title LXXXI, § 8117, Dec. 23, 2022, 136 Stat. 3709; Pub. L. 118–272, div. A, title I, § 1101(a), Jan. 4, 2025, 138 Stat. 2996.) Editorial Notes REFERENCES IN TEXT Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (b)(4), is section 160 of div. AA of Pub. L. 116–260, which is set out as a note under section 2201 of this title. 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 Fis- cal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2025—Subsec. (b)(1)(C). Pub. L. 118–272, § 1101(a)(1), added subpar. (C).