---
kind: "section"
citation: "33 U.S.C. § 2338"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2338"
heading: "Reburial and conveyance authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2338"
units:
  - "Chapter 36 — Water Resources Development"
  - "Subchapter V — General Provisions"
---

# §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 5304 of title 25](/usc/25/5304.md).
- (b) **Reburial—**
  - (1) **Reburial areas—** In consultation with affected Indian tribes, the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/426h–1.md?p=2) may recover and rebury, at Federal expense, the remains at the areas identified and set aside under [subsection (b)(1)](#b-1).
- (c) **Conveyance authority—**
  - (1) **In general—** Subject to [paragraph (2)](#c-2), notwithstanding any other provision of law, the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/426h–1.md?p=2) under [subsection (b)(1)](#b-1).
  - (2) **Retention of necessary property interests—** In carrying out [paragraph (1)](#c-1), the [Secretary](/usc/33/426h–1.md?p=2) shall retain any necessary right-of-way, easement, or other property interest that the [Secretary](/usc/33/426h–1.md?p=2) 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.)

## 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.