16 U.S.C. § 470hh: Confidentiality of…

Summary

Information about the nature and location of archaeological resources that need a federal permit cannot be released to the public under the Freedom of Information Act or other laws. The federal land manager may share it only if they decide that sharing would help the goals of this law or chapter 3125 of title 54 and would not create a risk of harm to the resource or the site. A State Governor can ask in writing for the information. The request must name the site or area, state the purpose, and promise to keep the information confidential to prevent selling or other commercial use. If the Governor meets these requirements, the federal land manager must provide the information about resources in that State.

Title 16, §470hh

Conservation, Source: USLM XML via OLRC

(a)Disclosure of information

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)Request for disclosure by Governors

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,

the Federal land manager concerned shall provide to the Governor information concerning the nature and location of archaeological resources within the State of the requesting Governor.

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