; or (ii) possess knowledge of, and expertise 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 carrying out the pilot program, the Secretary shall accept 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 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 reimbursement of reasonable costs under paragraph (3)(B) or actual expenses under paragraph (4), subject to market-based pricing, which payment shall be made not later than 90 days after the affected Indian Tribe submits an invoice for such costs or expenses to the Secretary. (c) Conveyance authority (1) In general Subject to paragraph (2), notwithstanding any other provision of law, 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). (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 any Corps of Engineers project related to the conveyed land. (d) Confidentiality of information provided (1) In general In carrying out subsection (a), the Secretary shall develop and issue written guidance regarding the confidentiality of information provided to the Department of the Army by Indian Tribes in connection with any covered civil works project under the pilot program. (2) Nonpublic