§2338 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary can pick and hold places on Department of the Army civil works projects where Native American bones found on project land can be reburied. The Secretary must talk with the tribes involved. If a lineal descendant or tribe properly claims the remains and agrees, the Secretary can dig them up and rebury them, and the Federal government will pay for that work. The Secretary can also give one of those set-aside areas to a tribe to use as a cemetery, but must keep any access rights, easements, or other property interests needed to run the project. Indian tribe — has the meaning given in Title 25, section 5304.

Title 33, §2338

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In this section, the term “Indian tribe” has the meaning given the term in section 5304 of title 25.

(b)(1)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)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)(1)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)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.

Notes & Related Subsidiaries

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.

§2338 Reburial and conveyance authority

Summary

Title 33, §2338

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata