16 USC 470hh(a): Archaeological survey data

About This Project

This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

                         TITLE 16--CONSERVATION
Sec. 470hh. Confidentiality of information concerning nature and 
        location of archaeological resources

(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 the Act of June 27, 1960 (16 U.S.C. 469-469c) [16 U.S.C. 469-469c-1], 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) of this section, 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. (Pub. L. 96-95, Sec. 9, Oct. 31, 1979, 93 Stat. 727.) References in Text Act of June 27, 1960 (16 U.S.C. 469-469c), referred to in subsec. (a)(1), is act June 27, 1960, Pub. L. 86-523, 74 Stat. 220, as amended, which is classified generally to sections 469 to 469c-1 of this title. For complete classification of this Act to the Code, see Tables.