33 U.S.C. § 2338 — Reburial and conveyance authority

FEDERAL · 33 U.S.C. · Chapter SUBCHAPTER V—GENERAL PROVISIONS

Reburial and conveyance authority

33 U.S.C. § 2338

Title33 — Navigation and Navigable Waters

ChapterSUBCHAPTER V—GENERAL PROVISIONS

This text of 33 U.S.C. § 2338 (Reburial and conveyance authority) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

33 U.S.C. § 2338.

Text

(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 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. 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 Subject to paragraph (2), notwithsta

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(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
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.
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
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).
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.

Source Credit

History

(Pub. L. 106–541, title II, §208, Dec. 11, 2000, 114 Stat. 2590.)

Editorial Notes

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.

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Bluebook (online)

33 U.S.C. § 2338, Counsel Stack Legal Research, https://law.counselstack.com/usc/33/2338.