Title 30 — Mineral Lands and MiningRelease 119-73

§1733 Information

Title 30 › Chapter CHAPTER 29— - OIL AND GAS ROYALTY MANAGEMENT › Subchapter SUBCHAPTER II— - STATES AND INDIAN TRIBES › § 1733

Last updated Apr 6, 2026|Official source

Summary

The Secretary may share trade secrets, proprietary, or other confidential information with a State or an Indian tribe under a cooperative agreement, but only if the State or tribe signs a written promise to limit who sees the information to people directly working on the audit or investigation who need to know, accepts responsibility for any wrongful disclosure, and shows the information is essential. For a State, “essential” can include an audit, investigation, or litigation under section 1734. For a tribe, “essential” must be for an audit or investigation and the tribe must expressly waive sovereign immunity for wrongful disclosure. The United States is not liable if an individual, State, or tribe wrongfully shares information given under a cooperative agreement or a delegation under section 1735. Anyone, a State, or a tribe that gets the information must follow the same disclosure rules that apply to U.S. officers and agencies. A State or its officers or employees who receive trade secrets or confidential information under this chapter cannot be forced by State law to disclose it.

Full Legal Text

Title 30, §1733

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)Trade secrets, proprietary and other confidential information shall be made available by the Secretary, pursuant to a cooperative agreement, to a State or Indian tribe upon request only if—

(1)such State or Indian tribe consents in writing to restrict the dissemination of the information to those who are directly involved in an audit or investigation under this chapter and who have a need to know;

(2)such State or tribe accepts liability for wrongful disclosure;

(3)in the case of a State, such State demonstrates that such information is essential to the conduct of an audit or investigation or to litigation under section 1734 of this title; and

(4)in the case of an Indian tribe, such tribe demonstrates that such information is essential to the conduct of an audit or investigation and waives sovereign immunity by express consent for wrongful disclosure by such tribe.

(b)The United States shall not be liable for the wrongful disclosure by any individual, State, or Indian tribe of any information provided to such individual, State, or Indian tribe pursuant to any cooperative agreement or a delegation, authorized by this chapter.

(c)Whenever any individual, State, or Indian tribe has obtained possession of information pursuant to a cooperative agreement authorized by this section, or any individual or State has obtained possession of information pursuant to a delegation under section 1735 of this title, the individual shall be subject to the same provisions of law with respect to the disclosure of such information as would apply to an officer or employee of the United States or of any department or agency thereof and the State or Indian tribe shall be subject to the same provisions of law with respect to the disclosure of such information as would apply to the United States or any department or agency thereof. No State or State officer or employee who receives trade secrets, proprietary information, or other confidential information under this chapter may be required to disclose such information under State law.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1733

Title 30 — Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73