I 
118TH CONGRESS 
1ST SESSION H. R. 5865 
To require the Secretary of the Army to establish a pilot program to protect 
Native American burial sites, village sites, and cultural resources discov-
ered at Corps of Engineers civil works projects in the Sacramento River 
watershed, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 2, 2023 
Mr. LAMALFA (for himself and Mr. GARAMENDI) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To require the Secretary of the Army to establish a pilot 
program to protect Native American burial sites, village 
sites, and cultural resources discovered at Corps of Engi-
neers civil works projects in the Sacramento River water-
shed, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native American Bur-
ial Sites and Cultural Resources Protection Act’’. 
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SEC. 2. SACRAMENTO RIVER WATERSHED NATIVE AMER-
ICAN SITE AND CULTURAL RESOURCE PRO-
TECTION PILOT PROGRAM. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall es-
tablish a pilot program in accordance with this section to 
protect Native American burial sites, village sites, and cul-
tural resources identified or discovered at civil works 
projects in the watershed of the Sacramento River and its 
tributaries, including the American, Bear, Yuba, and 
Feather Rivers, in the State of California. 
(b) REBURIAL.— 
(1) REBURIAL
AREAS.—In carrying out the 
pilot program, the Secretary shall, in consultation 
with and with the consent of each affected Indian 
Tribe, identify, and, as applicable, cooperate with 
appropriate Tribal, local, State, and Federal Govern-
ment property owners to set aside, areas that may 
be used for the reburial of Native American human 
remains and funerary objects that— 
(A) have been identified or discovered at 
the site of a covered civil works project; 
(B) have been rightfully claimed by any af-
fected Indian Tribe; and 
(C) can be reburied in such areas in a 
manner secure from future disturbances, with 
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the consent of such property owner or owners, 
as applicable. 
(2) RECOVERY AND REBURIAL STANDARDS.— 
(A) TIMING OF RECOVERY.— 
(i) REQUIREMENTS.—In carrying out 
the pilot program, the Secretary shall work 
in good faith with each affected Indian 
Tribe, and each owner of property affected 
by the recovery process, to ensure that— 
(I) the recovery of a burial site, 
village site, or cultural resources from 
the site of a covered civil works 
project under the pilot program is 
completed, pursuant to a written plan 
or protocol, not later than 45 days 
after the initiation of such recovery; 
and 
(II) with respect to a burial site, 
village site, or cultural resources iden-
tified at the site of a covered civil 
works project before construction of 
the covered civil works project com-
mences, such recovery is completed 
before such construction commences 
on the portion of the covered civil 
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