§ 2338. — Reburial and conveyance authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2338]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2338. Reburial and conveyance authority
(a) Definition of Indian tribe
In this section, the term ``Indian tribe'' has the meaning given the
term in section 450b 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) of this section.
(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) of this section.
(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.
(Pub. L. 106-541, title II, Sec. 208, Dec. 11, 2000, 114 Stat. 2590.)
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.
``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.
