§ 3056. Prohibition on disclosure

(a) Nondisclosure of information

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

(A) subject to subsection (b)(l), 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, § 8106, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8106, June 18, 2008, 122 Stat. 1664, 2050.)

Codification

Codification

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 L. 110–234 was repealed by section 4(a) of Pub.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

Definitions

Definition of “Secretary”

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