25 U.S.C. § 3056 | Prohibition on disclosure

(a)

Nondisclosure of information

(1)

In general

section 552 of title 5The Secretary shall not disclose under (commonly known as the “Freedom of Information Act”), information relating to—

(A)

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

section 3053 of this title subject to subsection (b)(l), human remains or cultural items reburied on National Forest System land under ; 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

section 552 of title 5Subject to subsection (b)(2), the Secretary shall not be required to disclose information under (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)

section 3053 of this title any cultural items not covered under .

(b)

Limited release of information

(1)

Reburial

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

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 chapter; 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 chapter;

(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.

Pub. L. 110–234, title VIII, § 8106May 22, 2008122 Stat. 1288 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664(, , ; , title VIII, § 8106, , , 2050.)

Editorial Notes

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and enacted identical sections. was repealed by .

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of Title 7Section and repeal of by effective , the date of enactment of , see , set out as a note under , Agriculture.

Definition of “Secretary”

section 8701 of Title 7“Secretary” as meaning the Secretary of Agriculture, see , Agriculture.