Page:United States Statutes at Large Volume 114 Part 4.djvu/529

 PUBLIC LAW 106-541—DEC. 11, 2000 114 STAT. 2591 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) CO>fVEYANCE 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. SEC. 209. FLOODPLAIN MANAGEMENT REQUIREMENTS. (a) IN GENERAL. —Section 402(c) of the Water Resources Development Act of 1986 (33 U.S.C. 701b-12(c)) is amended— (1) in the first sentence of paragraph (1) by striking "Within 6 months after the date of the enactment of this subsection, the" and inserting "The"; (2) by redesignating paragraph (2) as paragraph (3); (3) by striking "Such guidelines shall address" and inserting the following: "(2) REQUIRED ELEMENTS. — The guidelines developed under paragraph (1) shall— "(A) address"; and (4) in paragraph (2) (as designated by paragraph (3) of this subsection)— (A) by inserting "to be undertaken by non-Federal interests to" after "policies"; (B) by striking the period at the end and inserting "; and"; and (C) by adding at the end the following: "(B) address those measures to be undertaken by non- Federal interests to preserve the level of flood protection provided by a project to which subsection (a) applies.". (b) APPLICABILITY. — The amendments made by subsection (a) 33 USC 70ib-l2 shall apply to any project or separable element of a project with note, respect to which the Secretary and the non-Federal interest have not entered a project cooperation agreement on or before the date of enactment of this Act. (c) TECHNICAL AMENDMENTS. — Section 402(b) of the Water Resources Development Act of 1986 (33 U.S.C. 70lb-12(b)) is amended— (1) in the subsection heading by striking "FLOOD PLAIN" and inserting "FLOODPLAIN"; and (2) in the first sentence by striking "flood plain" and inserting "floodplain".

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