works project affected by the recovery 
process. 
(ii) ALTERNATIVE TIMETABLE.—Not-
withstanding 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.—In carrying out sub-
section (a), the Secretary shall develop and 
issue written guidance for recovery and reburial 
under the pilot program that meets or exceeds 
the recovery and reburial standards in policy 
statements and guidance issued by the Advisory 
Council on Historic Preservation. 
(C) EMINENT DOMAIN PROHIBITION.—No 
Federal entity may exercise the power of emi-
nent domain to acquire any property to be used 
for reburial under the pilot program. 
(3) RECOVERY AND REBURIAL.— 
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(A) RECOVERY
AND
REBURIAL
BY
SEC-
RETARY.—In carrying out the pilot program, 
the Secretary shall, at Federal expense, in con-
sultation with and with the consent of each af-
fected Indian Tribe, and with appropriate dig-
nity and in accordance with the guidance devel-
oped 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 AUTHORIZATION.— 
(i) IN GENERAL.—Upon the request 
of an affected Indian Tribe, the Secretary 
shall authorize, pursuant to a memo-
randum of agreement entered into under 
clause (ii), the Indian Tribe to assume re-
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covery and reburial responsibilities under 
the pilot program of cultural resources 
that have been rightfully claimed by the af-
fected Indian Tribe, and shall reimburse 
the affected Indian Tribe for reasonable 
costs directly related to such recovery and 
reburial. 
(ii) MEMORANDUM OF AGREEMENT.— 
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 to authorize the necessary re-
covery and reburial activities before 
such construction commences; 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 
project commences, the Secretary 
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shall, upon request by the affected In-
dian Tribe, enter into a written 
memorandum of agreement with the 
affected Indian Tribe to authorize the 
necessary recovery and reburial activi-
ties 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, pursu-
ant to the terms outlined in paragraph (6). 
(4) TRIBAL MONITORS.— 
(A) IN
GENERAL.—In carrying out the 
pilot program, the Secretary may hire a Tribal 
monitor or monitors, and shall allow any af-
fected Indian Tribe to hire a Tribal monitor or 
monitors, at Federal expense, during the con-
struction of any covered civil works project, 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-
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sure that preference in hiring Tribal monitors 
under this paragraph is provided to qualified 
Native Americans, including individuals who— 
(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, pursuant to the terms outlined in 
paragraph (6). 
(5) IDENTIFICATION AND INVENTORY.—In car-
rying out the pilot program, the Secretary shall ac-
cept identifications made by an affected 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 inventory docu-
ment 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 reasonable costs under paragraph 
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(3)(B) or actual expenses under paragraph (4), sub-
ject to market-based pricing, 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. 
(c) CONVEYANCE AUTHORITY.— 
(1) IN GENERAL.—Subject to paragraph (2), 
notwithstanding any other provision of law, the Sec-
retary 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 sub-
section (b)(1). 
(2) RETENTION OF NECESSARY PROPERTY IN-
TERESTS.—In carrying out paragraph (1), the Sec-
retary shall retain any necessary right-of-way, ease-
ment, or other property interest that the Secretary 
determines to be necessary to carry out the author-
ized purposes of any Corps of Engineers project re-
lated to the conveyed land. 
(d) CONFIDENTIALITY
OF
INFORMATION
PRO-
VIDED.— 
(1) IN GENERAL.—In carrying out subsection 
(a), the Secretary shall develop and issue written 
guidance regarding the confidentiality of information 
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provided to the Department of the Army by Indian 
Tribes in connection with any covered civil works 
project under the pilot program. 
(2) NONPUBLIC INFORMATION.—The following 
information provided to the Department of the Army 
by an Indian Tribe under the pilot program shall be 
treated as confidential and nonpublic information, to 
protect Native American burial sites, village sites, 
and cultural resources, and their locations, from un-
authorized excavation, desecration, or vandalism: 
(A) Information regarding the locations of 
burial sites, village sites, and cultural resources, 
including maps designating such locations. 
(B) Information regarding cultural or tra-
ditional practices related to such sites or re-
sources. 
(e) AVOIDANCE OF DUPLICATION.—In carrying out 
the pilot program, the Secretary shall avoid, to the max-
imum extent practicable, duplication of efforts relating to 
compliance with this section and any other applicable pro-
vision of law. 
(f) APPLICABILITY.— 
(1) IN GENERAL.—Section 208 of the Water 
Resources Development Act of 2000 (33 U.S.C. 
2338) shall not apply to a covered civil works project 
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during the period during which the Secretary is car-
rying out the pilot program. 
(2) EXISTING
CONTRACTS.—Nothing in this 
section shall affect any contract relating to a covered 
civil works project entered into by the Secretary of 
the Army before the date of enactment of this Act. 
(g) PERIOD.—The Secretary shall carry out the pilot 
program until the date that is 4 years after the date on 
which the pilot program is established. 
(h) 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 that is— 
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(A) located in the watershed of the Sac-
ramento River and its tributaries, including the 
American, Bear, Yuba, and Feather Rivers, 
within the State of California; 
(B) being constructed, reconstructed, or 
repaired, or operated and maintained, using 
Federal funds; and 
(C) owned, authorized, permitted, carried 
out, or operated and maintained by the Depart-
ment of the Army, including a project carried 
out by a non-Federal interest under section 204 
of the Water Resources Development Act of 
1986 (33 U.S.C. 2232) or section 1043 of the 
Water Resources Reform and Development 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 
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body, including such remains that have been cre-
mated and that may be in any state of decomposi-
tion or skeletal completeness (including ashes or 
small bone fragments). 
(7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given that term in section 102 of 
the Federally Recognized Indian Tribe List Act of 
1994 (25 U.S.C. 5130). 
(8) PILOT
PROGRAM.—The term ‘‘pilot pro-
gram’’ means the pilot program established under 
this section. 
(9) RIGHTFULLY CLAIMED.—The term ‘‘right-
fully claimed’’ means claimed by— 
(A) with respect to cultural resources iden-
tified or discovered on Federal or Tribal 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 
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with the priority order established by such 
section; and 
(B) with respect to cultural resources iden-
tified 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 of California; 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— 
(I) the Indian Tribe that has the 
closest cultural affiliation with the 
cultural resources; or 
(II) if the cultural affiliation of 
the cultural resources cannot be rea-
sonably ascertained— 
(aa) the Indian Tribe that is 
recognized as aboriginally occu-
pying the area in which the cul-
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tural resources were identified or 
discovered; or 
(bb) if it can be shown by a 
preponderance of the evidence 
that a different Indian Tribe has 
a stronger cultural relationship 
with the cultural resources than 
the Indian Tribe specified in item 
(aa), the Indian Tribe that has 
the strongest demonstrated rela-
tionship with such cultural re-
sources. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Army, acting through 
the Chief of Engineers. 
(11) 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. 
Æ 
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