§ 2338. Reburial and conveyance authority

292 words·~1 min read·/usc/title-33/section-2338

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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

(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.

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

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Cited by 5 sections

statutes-at-large

Public Law 106–541
To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes

statute-compilations

Sec. 208
REBURIAL AND CONVEYANCE AUTHORITY

bill

Traces to 2 documents

U.S. Code

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Pub. L. 106–541, title II, § 208
114 Stat. 2590
section 2 of Pub. L. 106–541

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cites case law

§ 2338

Reburial and conveyance authority

Bills×3

Stat. Comp.×1

Stat.×1

U.S.C.§ 5304

U.S.C.§ 2201

Pub. L.Pub. L. 106–541, title II, § 208

Stat.114 Stat. 2590

Pub. L.section 2 of Pub. L. 106–541

Cites 5Cited by 5 across 3 sources