Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2338. Reburial and conveyance authority
Statutory text
Definition of Indian tribe
In this section, the term “Indian tribe” has the meaning given the term in section 5304 of title 25.
Reburial
Reburial areas
In consultation with affected Indian tribes, the Secretary may identify and set aside areas at civil works projects of the Department of the Army that may be used to rebury Native American remains that—
have been discovered on project land; and
have been rightfully claimed by a lineal descendant or Indian tribe in accordance with applicable Federal law.
Reburial
In consultation with and with the consent of the lineal descendant or the affected Indian tribe, the Secretary may recover and rebury, at Federal expense, the remains at the areas identified and set aside under subsection (b)(1).
Conveyance authority
In general
Subject to paragraph (2), notwithstanding any other provision of law, the Secretary may convey to an Indian tribe for use as a cemetery an area at a civil works project that is identified and set aside by the Secretary under subsection (b)(1).
Retention of necessary property interests
In carrying out paragraph (1), the Secretary shall retain any necessary right-of-way, easement, or other property interest that the Secretary determines to be necessary to carry out the authorized purposes of the project.
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.
Pub. L. 106–541 title II § 208 · 114 Stat. 2572
Enacted · 33 U.S.C. § 2338
(Pub. L. 106–541, title II, § 208, Dec. 11, 2000, 114 Stat. 2590.)
Source evidence
Code source credit
(Pub. L. 106–541, title II, § 208, Dec. 11, 2000, 114 Stat. 2590.)Enacted provision · exact public law section
SEC. 208. REBURIAL AND CONVEYANCE AUTHORITY. (a) Definition of Indian Tribe.— In this section, the term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (b) Reburial.— (1) Reburial areas.— In consultation with affected Indian tribes, the Secretary may identify and set aside areas at civil works projects of the Department of the Army that may be used to rebury Native American remains that— (A) have been discovered on project land; and (B) have been rightfully claimed by a lineal descendant or Indian tribe in accordance with applicable Federal law. (2) Reburial.— In consultation with and with the consent of the lineal descendant or the affected Indian tribe, the Secretary may recover and rebury, at Federal expense, the remains at the areas identified and set aside under subsection (b)(1). (c) Conveyance Authority.— (1) In general.— Subject to paragraph (2), notwithstanding any other provision of law, the Secretary may convey to an Indian tribe for use as a cemetery an area at a civil works project that is identified and set aside by the Secretary under subsection (b)(1). (2) Retention of necessary property interests.— In carrying out paragraph (1), the Secretary shall retain any necessary right-of-way, easement, or other property interest that the Secretary determines to be necessary to carry out the authorized purposes of the project.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section was enacted as part of the Water Resources Development Act of 2000, 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 2 of Pub. L. 106–541, set out as a note under section 2201 of this title.