25 U.S.C. § 3056: Prohibition on disclosure

Summary

The Secretary must not give out certain information under the Freedom of Information Act about National Forest System lands. That includes facts about human remains or cultural items that were reburied under section 3053, and information people or tribes gave to the Forest Service during research with a clear promise it would stay private and that has a traditional cultural purpose. The Secretary also does not have to reveal who uses, how they use, or the exact locations of sites used for traditional cultural purposes, or other cultural items not covered by section 3053. Some of this information can be shared in rare cases. Reburial details can be released only after the Secretary talks with the affected tribe or lineal descendant, finds that sharing would further the chapter’s goals and is needed to protect the remains or items, and tries to reduce harms the tribe or descendant says would likely happen. Other confidential cultural information may be shared, after consulting tribes, only if it would further the chapter’s goals, would not create an unreasonable risk of harm, theft, or destruction, and would follow other laws.

Title 25, §3056

Indians, Source: USLM XML via OLRC

(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), 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)Limitations on disclosure

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)

(B)any cultural items not covered under section 3053 of this title.

(b)Limited release of information

(1)Reburial

The Secretary may disclose information described in subsection (a)(l)(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)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.

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