Title 33 — Navigation and Navigable WatersRelease 119-73not60
§2338 Reburial and Conveyance Authority
Title 33 › Chapter 36— WATER RESOURCES DEVELOPMENT › Subchapter V— GENERAL PROVISIONS › § 2338
Summary
After consulting tribes, the Secretary of the Army can set aside spots on civil works land to rebury Native American remains that a lineal descendant or tribe lawfully claims. With the descendant’s or tribe’s consent, the Secretary may recover and rebury them at Federal expense and may transfer the spot for use as cemetery while keeping needed rights or easements. Indian tribe — see 25 U.S.C. 5304.
Full Legal Text
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.
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
Apr 5, 2026
Release point: 119-73not60