2015 US Code
Title 33 - Navigation and Navigable Waters (Sections 1 - 4009)
Chapter 36 - Water Resources Development (Sections 2201 - 2352)
Subchapter V - General Provisions (Sections 2280 - 2352)
Sec. 2338 - Reburial and conveyance authority
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER V - GENERAL PROVISIONS Sec. 2338 - Reburial and conveyance authority |
Contains | section 2338 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 106-541, title II, §208, Dec. 11, 2000, 114 Stat. 2590. |
Statutes at Large Reference | 114 Stat. 2590 |
Public and Private Law | Public Law 106-541 |
Download PDF
In this section, the term "Indian tribe" has the meaning given the term in section 450b of title 25.
(b) Reburial(1) Reburial areasIn 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) ReburialIn 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 generalSubject 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 interestsIn 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, §208, Dec. 11, 2000, 114 Stat. 2590.)
CODIFICATIONSection 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" DEFINEDSecretary 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.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.