1. (a) Nondisclosure of information

   1. (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—

      1. (A) subject to subsection (b)(l),¹ human remains or cultural items reburied on National Forest System land under section 3053 of this title; or

      2. (B) subject to subsection (b)(2), resources, cultural items, uses, or activities that—

         1. (i) have a traditional and cultural purpose; and
         2. (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. (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—

      1. (A) a site or resource used for traditional and cultural purposes by an Indian tribe; or
      2. (B) any cultural items not covered under section 3053 of this title.

2. (b) Limited release of information

   1. (1) Reburial The Secretary may disclose information described in subsection (a)(l)(A) ² if, before the disclosure, the Secretary—

      1. (A) consults with an affected Indian tribe or lineal descendent;

      2. (B) determines that disclosure of the information—

         1. (i) would advance the purposes of this chapter; and
         2. (ii) is necessary to protect the human remains or cultural items from harm, theft, or destruction; and
      3. (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. (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—

      1. (A) would advance the purposes of this chapter;
      2. (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
      3. (C) would be consistent with other applicable laws.

(Pub. L. 110–234, title VIII, § 8106, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8106, June 18, 2008, 122 Stat. 1664, 2050.)

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.

¹ So in original. Probably should be “(b)(1),”.

² So in original. Probably should be “(a)(1)(A)”.