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Title 33, Navigation and Navigable WatersRelease 119-110

§2338 Reburial and Conveyance Authority

Title 33 › CHAPTER 36 — WATER RESOURCES DEVELOPMENT › SUBCHAPTER V — GENERAL PROVISIONS › § 2338

Last updated Sep 22, 2026|Official source

Summary

The Secretary of the Army may, after talking with the tribes involved, reserve areas at Army civil‑works projects to rebury Native American remains found on project land that have been properly claimed by a direct descendant or an Indian tribe under federal law. With the descendant’s or tribe’s agreement, the Secretary can recover and rebury those remains, with the costs paid by the federal government. The Secretary may transfer a reserved area to a tribe to use as a cemetery, but must keep any rights‑of‑way, easements, or other property interests needed to run the project. Indian tribe — has the meaning given in 25 U.S.C. 5304.

Full Legal Text

Title 33, §2338

Navigation and Navigable Waters, Source: USLM XML via OLRC

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

Legislative History

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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2338

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110