33 USC § 2338 - Reburial and conveyance authority

---
identifier: "/us/usc/t33/s2338"
source: "usc"
legal_status: "official_prima_facie"
title: "33 USC § 2338 - Reburial and conveyance authority"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
section_number: "2338"
section_name: "Reburial and conveyance authority"
chapter_number: 36
chapter_name: "WATER RESOURCES DEVELOPMENT"
subchapter_number: "V"
subchapter_name: "GENERAL PROVISIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 106–541, title II, § 208, Dec. 11, 2000, 114 Stat. 2590.)"
---


# § 2338. Reburial and conveyance authority

**(a)** **Definition of Indian tribe** section 5304 of title 25

In this section, the term “Indian tribe” has the meaning given the term in .

**(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.

---

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

## 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 , set out as a note under .