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16 U.S.C. § 470hh — Confidentiality of information concerning nature and location of archaeological resources

submitted 47 years ago by Pub. L. 96-95 to r/title-16-CONSERVATION · 199 words · no verdicts yet

in plain englishAI-generated · not legal advice

Information about where an archaeological resource is located is generally kept private, unless the Federal land manager decides releasing it would help this chapter and wouldn't put the resource at risk. A Governor can request that information under specific conditions meant to protect it.

(a) Disclosure of information. Information about the nature and location of an archaeological resource that needs a permit to dig up or remove, under this chapter or any other federal law, cannot be released to the public under subchapter II of chapter 5 of title 5, or any other law — unless the Federal land manager decides that releasing it would (1) further this chapter's or chapter 3125 of title 54's purposes, and (2) not create a risk of harm to the resource or its site. (b) Governors' requests. Despite subsection (a), a State Governor can get information about the nature and location of resources within that State by making a written request that states (1) the specific site or area, (2) why the information is needed, and (3) a commitment to keep it confidential to protect the resource from commercial exploitation.
the actual law source: uscode.house.gov ↗public domain
(a) Disclosure of information

Information concerning the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission under this chapter or under any other provision of Federal law may not be made available to the public under subchapter II of chapter 5 of title 5 or under any other provision of law unless the Federal land manager concerned determines that such disclosure would—

(1)

further the purposes of this chapter or chapter 3125 of title 54, and

(2)

not create a risk of harm to such resources or to the site at which such resources are located.

(b) Request for disclosure by Governors

Notwithstanding the provisions of subsection (a), upon the written request of the Governor of any State, which request shall state—

(1)

the specific site or area for which information is sought,

(2)

the purpose for which such information is sought,

(3)

a commitment by the Governor to adequately protect the confidentiality of such information to protect the resource from commercial exploitation,

the Federal land manager concerned shall provide to the Governor information concerning the nature and location of archaeological resources within the State of the requesting Governor.

Source credit: (Pub. L. 96–95, § 9, Oct. 31, 1979, 93 Stat. 727; Pub. L. 113–287, § 5(d)(8), Dec. 19, 2014, 128 Stat. 3265.)

history & why it existsrecord from the source credit
  • 1979Enacted · Pub. L. 96-95 · 93 Stat. 727
  • 2014Amended · Pub. L. 113-287 · 128 Stat. 3265

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-95 on 1979-10-31.

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