25 U.S.C. § 3077: Treatment under Freedom of…

Summary

Keeps some tribal and Native Hawaiian information from being released under the Freedom of Information Act. It protects two kinds of records: information a tribe or Native Hawaiian organization gives a federal agency and calls sensitive or private under their customs, law, culture, or religion; and information anyone gives that relates to an item for which an export certificate was denied. The law says this chapter counts as a statute that makes those records exempt from FOIA. A tribe or Native Hawaiian organization may ask for and must be given its own records that fit these rules.

Title 25, §3077

Indians, Source: USLM XML via OLRC

(a)In general

Except as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5:

(1)Information that a representative of an Indian Tribe or Native Hawaiian organization—

(A)submits to a Federal agency pursuant to this chapter or an amendment made by this Act; and

(B)designates as sensitive or private according to Native American custom, law, culture, or religion.

(2)Information that any person submits to a Federal agency pursuant to this chapter or an amendment made by this Act that relates to an item for which an export certification is denied under this chapter.

(b)Applicability

For purposes of subsection (a), this chapter shall be considered a statute described in section 552(b)(3)(B) of title 5.

(c)Exception

An Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 3071 of this title and Tables. An amendment made by this Act, referred to in subsec. (a)(1)(A), (2), means the amendment made by Pub. L. 117–258, which amended section 1170 of Title 18, Crimes and Criminal Procedure.

§3077 Treatment Under Freedom of Information Act