§ 3056. Prohibition on disclosure

Footnotes

1. 1 So in original. Probably should be “(b)(1),”.
2. 2 So in original. Probably should be “(a)(1)(A)”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2008

   Pub. L. 110–234 title VIII § 8106 · 122 Stat. 923

   Enacted · 25 U.S.C. § 3056

   Pub. L. 110–234, title VIII, § 8106, May 22, 2008, 122 Stat. 1288

   Source evidence

   Code source credit
   Pub. L. 110–234, title VIII, § 8106, May 22, 2008, 122 Stat. 1288

   Enacted provision · exact public law section
   SEC. 8106. PROHIBITION ON DISCLOSURE. (a) Nondisclosure of Information.— (1) In general.— The Secretary shall not disclose under section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”), information relating to— (A) subject to subsection (b)(l), human remains or cultural items reburied on National Forest System land under section 8103; or (B) subject to subsection (b)(2), resources, cultural items, uses, or activities that— (i) have a traditional and cultural purpose; and (ii) are provided to the Secretary by an Indian or Indian tribe under an express expectation of confidentiality in the context of forest and rangeland research activities carried out under the authority of the Forest Service. (2) Limitations on disclosure.— Subject to subsection (b)(2), the Secretary shall not be required to disclose information under section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”), concerning the identity, use, or specific location in the National Forest System of— (A) a site or resource used for traditional and cultural purposes by an Indian tribe; or (B) any cultural items not covered under section 8103. (b) Limited Release of Information.— (1) Reburial.— The Secretary may disclose information described in subsection (a)(l)(A) if, before the disclosure, the Secretary— (A) consults with an affected Indian tribe or lineal descendent; (B) determines that disclosure of the information— (i) would advance the purposes of this subtitle; and (ii) is necessary to protect the human remains or cultural items from harm, theft, or destruction; and (C) attempts to mitigate any adverse impacts identified by an Indian tribe or lineal descendant that reasonably could be expected to result from disclosure of the information. (2) Other information.— The Secretary, in consultation with appropriate Indian tribes, may disclose information described under paragraph (1)(B) or (2) of subsection (a) if the Secretary determines that disclosure of the information to the public— (A) would advance the purposes of this subtitle; (B) would not create an unreasonable risk of harm, theft, or destruction of the resource, site, or object, including individual organic or inorganic specimens; and (C) would be consistent with other applicable laws.

1 of 1 references resolved to an enrolled provision