§3056 — Title 25 Indians | U.S. Code

Summary

The Secretary must not give out, in response to a Freedom of Information Act request, information about human remains or cultural items that were reburied on National Forest System land. The Secretary also must not share information about resources, cultural items, uses, activities, or the identity, use, or exact location of tribal sites that were given by an Indian or tribe for forest and rangeland research under an expectation of privacy, or cultural items not covered by the reburial rule. The Secretary can disclose reburial information only after talking with the affected tribe or direct relatives, deciding the release would further the law’s goals, finding it is needed to protect the remains or items from harm, theft, or destruction, and trying to reduce any harmful effects the tribe or relatives identify. For other traditional-use information, the Secretary may disclose only after consulting tribes and deciding the release would help the law’s goals, would not create an unreasonable risk of harm or theft, and would follow other laws.

Title 25, §3056

Indians — Source: USLM XML via OLRC

(a)(1)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),11 So in original. Probably should be “(b)(1),”. human remains or cultural items reburied on National Forest System land under section 3053 of this title; 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)Subject to subsection (b)(2), the Secretary shall not be required to disclose information under section 552 of title 5 (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)any cultural items not covered under section 3053 of this title.

(b)(1)The Secretary may disclose information described in subsection (a)(l)(A) 22 So in original. Probably should be “(a)(1)(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)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.

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Effective Date

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

§3056 Prohibition on Disclosure