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)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) Limited release of information
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.
“Secretary” as meaning the Secretary of Agriculture, see section
8701 of Title
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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