I 
117TH CONGRESS 
2D SESSION 
H. R. 6716 
To amend the Water Resources Development Act of 2000 to protect Native 
American burial sites, village sites, and cultural resources discovered 
at civil works projects of the Corps of Engineers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2022 
Mr. LAMALFA (for himself and Mr. GARAMENDI) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Water Resources Development Act of 2000 
to protect Native American burial sites, village sites, 
and cultural resources discovered at civil works projects 
of the Corps of Engineers, 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. REBURIAL AND CONVEYANCE AUTHORITY. 
(a) DEFINITIONS.—Section 208(a) of the Water Re-
sources Development Act of 2000 (33 U.S.C. 2338(a)) is 
amended to read as follows: 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AFFECTED INDIAN TRIBE.—The term ‘af-
fected Indian Tribe’ means any Indian Tribe that 
attaches religious or other significance to any burial 
site, village site, or cultural resources identified or 
discovered at a covered civil works project. 
‘‘(2) BURIAL
SITE.—The term ‘burial site’ 
means any natural or prepared physical location, 
whether originally below, on, or above the surface of 
the earth, where Native American cultural resources 
are present as a result of a death rite or ceremony 
of a culture. 
‘‘(3) COVERED
CIVIL
WORKS
PROJECT.—The 
term ‘covered civil works project’ means a civil 
works project— 
‘‘(A) that is being carried out, or operated 
and maintained, using Federal funds; and 
‘‘(B) that is owned, authorized, permitted, 
carried out, or operated and maintained by the 
Department of the Army, including a project 
carried out by a non-Federal interest under sec-
tion 204 of the Water Resources Development 
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Act of 1986 (33 U.S.C. 2232) or section 1043 
of the Water Resources Reform and Develop-
ment Act of 2014 (33 U.S.C. 2201 note). 
‘‘(4) CULTURAL RESOURCES.—The term ‘cul-
tural resources’ means— 
‘‘(A) human remains; or 
‘‘(B) funerary objects or other ceremonial 
objects. 
‘‘(5) FUNERARY OBJECTS.—The term ‘funerary 
objects’ means items that are associated with the 
death rite or ceremony of a culture. 
‘‘(6) HUMAN REMAINS.—The term ‘human re-
mains’ means the physical remains of a human body, 
including such remains that have been cremated and 
that may be in any state of decomposition or skeletal 
completeness (including ashes or small bone frag-
ments). 
‘‘(7) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given that term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304(e)). 
‘‘(8) RIGHTFULLY CLAIMED.—The term ‘right-
fully claimed’ means claimed by— 
‘‘(A) with respect to cultural resources 
identified or discovered on Federal or Tribal 
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lands at the site of a covered civil works 
project— 
‘‘(i) the person or entity with owner-
ship or control of the cultural resources 
under section 3 of the Native American 
Graves Protection and Repatriation Act 
(25 U.S.C. 3002); or 
‘‘(ii) with respect to cultural resources 
not subject to such Act, the appropriate 
person or entity determined in accordance 
with the priority order established by such 
section; and 
‘‘(B) with respect to cultural resources 
identified or discovered on other lands at the 
site of a covered civil works project— 
‘‘(i) in the case of Native American 
human remains and funerary objects asso-
ciated with such remains, the lineal de-
scendants of the Native American, as de-
termined in accordance with the laws of 
the State in which the site is located; or 
‘‘(ii) in any case in which such lineal 
descendants cannot be ascertained, and in 
the case of other funerary objects or other 
ceremonial objects— 
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‘‘(I) the Indian Tribe with the 
highest priority under the priority 
order established by the laws of the 
State in which the site is located; or 
‘‘(II) if the State in which the 
site is located has not so established a 
priority order— 
‘‘(aa) the Indian Tribe that 
has the closest cultural affiliation 
with the cultural resources; or 
‘‘(bb) if the cultural affili-
ation of the cultural resources 
cannot 
be 
reasonably 
ascertained— 
‘‘(AA) the Indian Tribe 
that is recognized as aborigi-
nally occupying the area in 
which the cultural resources 
were identified or discov-
ered; or 
‘‘(BB) if it can be 
shown by a preponderance 
of the evidence that a dif-
ferent Indian Tribe has a 
stronger cultural relation-
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ship with the cultural re-
sources than the Indian 
Tribe specified in subitem 
(AA), the Indian Tribe that 
has 
the 
strongest 
dem-
onstrated relationship with 
such cultural resources. 
‘‘(9) VILLAGE
SITE.—The term ‘village site’ 
means any natural or prepared physical location, 
whether below, on, or above the surface of the earth, 
where a Native American village has been present.’’. 
(b) RECOVERY AND REBURIAL REQUIREMENTS.— 
Section 208(b) of the Water Resources Development Act 
of 2000 (33 U.S.C. 2338(b)) is amended to read as fol-
lows: 
‘‘(b) REBURIAL.— 
‘‘(1) REBURIAL AREAS.—In consultation with 
and with the consent of each affected Indian Tribe, 
the Secretary shall identify, and, as applicable, co-
operate with appropriate property owners to set 
aside, areas that may be used for the reburial of Na-
tive American human remains and funerary objects 
that— 
‘‘(A) have been identified or discovered at 
the site of a covered civil works project; 
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‘‘(B) have been rightfully claimed by any 
affected Indian Tribe; and 
‘‘(C) can be reburied in such areas in a 
manner secure from future disturbances, with 
the consent of the property owner or owners, as 
applicable. 
‘‘(2) RECOVERY AND REBURIAL STANDARDS.— 
‘‘(A) TIMING OF RECOVERY.— 
‘‘(i) REQUIREMENTS.—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 from the site of 
a covered civil works project of Native 
American cultural resources under 
this section is completed, pursuant to 
a written plan or protocol, not later 
than 45 days after the initiation of re-
covery from the site; 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-
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mences, such recovery is completed 
before such construction commences 
on the portion of the covered civil 
works project affected by the recovery 
process. 
‘‘(ii) 
ALTERNATIVE
TIMETABLE.— 
Notwithstanding the deadlines established 
by clause (i), the Secretary, each relevant 
non-Federal interest for the covered civil 
works project, each affected Indian Tribe, 
and each owner of property affected by the 
recovery process may negotiate and agree 
to an alternative timetable for recovery 
other than that required by such clause, 
based on the circumstances of the applica-
ble covered civil works project. 
‘‘(B) GUIDANCE.—Not later than 180 days 
after the date of enactment of the Native Amer-
ican Burial Sites and Cultural Resources Pro-
tection Act, the Secretary shall develop and 
issue written guidance for recovery and reburial 
under this section that meets or exceeds the re-
covery and reburial standards in policy state-
ments and guidance issued by the Advisory 
Council on Historic Preservation. 
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‘‘(C) EMINENT
DOMAIN
PROHIBITION.— 
The Secretary may not exercise the power of 
eminent domain to acquire any property to be 
used for reburial under this section. 
‘‘(3) RECOVERY AND REBURIAL.— 
‘‘(A) RECOVERY AND REBURIAL BY SEC-
RETARY.—In consultation with and with the 
consent of each affected Indian Tribe, the Sec-
retary shall at Federal expense, with appro-
priate dignity and in accordance with the guid-
ance developed under paragraph (2)— 
‘‘(i) recover any cultural resources 
identified or discovered at the site of a cov-
ered civil works project and rightfully 
claimed by any affected Indian Tribe; 
‘‘(ii) rebury any human remains and 
funerary objects so recovered at the appli-
cable areas identified and set aside under 
paragraph (1); and 
‘‘(iii) repatriate any other cultural re-
sources so recovered to the affected Indian 
Tribe that has rightfully claimed such cul-
tural resources. 
‘‘(B) TRIBAL DELEGATION.— 
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‘‘(i) IN GENERAL.—Upon the request 
of an affected Indian Tribe, the Secretary 
shall delegate to the Indian Tribe recovery 
and reburial responsibilities under this sec-
tion of cultural resources that have been 
rightfully claimed by the affected Indian 
Tribe, and shall reimburse the affected In-
dian Tribe for costs directly related to such 
recovery and reburial. 
‘‘(ii) 
MEMORANDUM
OF
AGREE-
MENT.—In carrying out clause (i)— 
‘‘(I) with respect to a burial site, 
village site, or cultural resources iden-
tified at a covered civil works project 
before construction of the project 
commences, the Secretary shall, upon 
request by the affected Indian Tribe, 
enter into a written memorandum of 
agreement with the affected Indian 
Tribe before such construction com-
mences; and 
‘‘(II) with respect to a burial site, 
village site, or cultural resources dis-
covered at a covered civil works 
project after construction of the 
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project commences, the Secretary 
shall, upon request by the affected In-
dian Tribe, enter into a written 
memorandum of agreement with the 
affected Indian Tribe not later than 
45 days after such discovery. 
‘‘(iii) 
LIMITATION.—Reimbursement 
under clause (i) shall not exceed 1 percent 
of the total cost of construction of the ap-
plicable covered civil works project. 
‘‘(4) TRIBAL MONITORS.— 
‘‘(A) IN GENERAL.—During the construc-
tion of any covered civil works project, the Sec-
retary may hire a Tribal monitor or monitors, 
and shall allow any affected Indian Tribe to 
hire a Tribal monitor or monitors, at Federal 
expense, for each area of construction, including 
for each burial site and village site with respect 
to which Native American cultural resources 
are being recovered for reburial. 
‘‘(B) QUALIFICATIONS.—The Secretary or 
affected Indian Tribe, as applicable, shall en-
sure that preference in hiring Tribal monitors 
under this paragraph is provided to qualified 
Native Americans, including individuals who— 
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‘‘(i) have a professional relationship 
with the affected Indian Tribe; or 
‘‘(ii) possess knowledge of, and exper-
tise in, the customs of the affected Indian 
Tribe. 
‘‘(C) LIMITATION.—The Federal expense 
of Tribal monitors hired under this paragraph 
shall not exceed 1 percent of the total cost of 
construction of the applicable covered civil 
works project. 
‘‘(5) IDENTIFICATION
AND
INVENTORY.—The 
Secretary shall accept identifications made by an af-
fected Indian Tribe of Native American burial sites 
and village sites at the site of a covered civil works 
project, and include such identifications in any in-
ventory document for such project. 
‘‘(6) TIMING
OF
PAYMENTS.—The Secretary 
shall enter into a contract or other agreement to 
make a payment to an affected Indian Tribe for re-
imbursement of costs under paragraph (3)(B) or ex-
penses under paragraph (4), which payment shall be 
made not later than 90 days after the affected In-
dian Tribe submits an invoice for such costs or ex-
penses to the Secretary.’’. 
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(c) CONVEYANCE AUTHORITY.—Section 208(c)(1) of 
the Water Resources Development Act of 2000 (33 U.S.C. 
2338(c)(1)) is amended by striking ‘‘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)’’ and inserting ‘‘the 
Secretary may convey to an affected Indian Tribe for use 
as a cemetery or reburial area any area that is located 
on land owned by the Department of the Army and is 
identified and set aside under subsection (b)(1)’’. 
(d) CONFIDENTIALITY; AVOIDANCE
OF DUPLICA-
TION.—Section 208 of the Water Resources Development 
Act of 2000 (33 U.S.C. 2338) is amended by adding at 
the end the following: 
‘‘(d) CONFIDENTIALITY
OF
INFORMATION
PRO-
VIDED.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
and issue written guidance regarding the confiden-
tiality of information provided to the Department of 
the Army by Indian Tribes in connection with any 
covered civil works project. 
‘‘(2) APPLICABILITY
OF
FOIA.—Information 
provided to the Department of the Army by an In-
dian Tribe under this section shall be exempt from 
public disclosure under section 552(b)(3) of title 5, 
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United States Code, to protect Native American bur-
ial sites, village sites, and cultural resources, and 
their locations, from unauthorized excavation, dese-
cration, or vandalism. 
‘‘(e) AVOIDANCE OF DUPLICATION.—In carrying out 
this section, the Secretary shall avoid, to the maximum 
extent practicable, duplication of efforts relating to com-
pliance with this section and any other applicable provision 
of law.’’. 
(e) APPLICABILITY.—Any requirement of subsection 
(b) of section 208 of the Water Resources Development 
Act of 2000 resulting from the amendments made by this 
section shall not affect any contract relating to a covered 
civil works project (as defined in such section 208) entered 
into by the Secretary of the Army before the date of enact-
ment of this Act. 
Æ 
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