§470hh — Title 16 Conservation | U.S. Code

Summary

Keep secret any information about what archaeological items are and exactly where they are if digging them up needs a federal permit. That information must not be made public unless the federal land manager in charge decides two things: sharing would help the goals of this law (and chapter 3125 of title 54) and would not put the site or the artifacts at risk. A State Governor can ask in writing for the information. The request must say the exact site, explain why the information is needed, and promise to keep the information confidential to prevent commercial exploitation.

Title 16, §470hh

Conservation — Source: USLM XML via OLRC

(a)Information concerning the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission under this chapter or under any other provision of Federal law may not be made available to the public under subchapter II of chapter 5 of title 5 or under any other provision of law unless the Federal land manager concerned determines that such disclosure would—

(1)further the purposes of this chapter or chapter 3125 of title 54, and

(2)not create a risk of harm to such resources or to the site at which such resources are located.

(b)Notwithstanding the provisions of subsection (a), upon the written request of the Governor of any State, which request shall state—

(1)the specific site or area for which information is sought,

(2)the purpose for which such information is sought,

(3)a commitment by the Governor to adequately protect the confidentiality of such information to protect the resource from commercial exploitation,

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (a)(1). Pub. L. 113–287, which directed substitution of “chapter 3125 of title 54” for “the Act of June 27, 1960 (16 U.S.C. 469–469c)” in subsec. (a)(2), was executed by making the substitution in subsec. (a)(1), to reflect the probable intent of Congress.

§470hh Confidentiality of information concerning nature and location of archaeological resources

Summary

Title 16, §470hh

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata