16 USC 470w-3: Information concerning the location, character or ownership of an historic resource.

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
                    Part C--General and Miscellaneous
Sec. 470w-3. Access to information (a) Authority to withhold from disclosure The head of a Federal agency or other public official receiving grant assistance pursuant to this subchapter, after consultation with the Secretary, shall withhold from disclosure to the public, information about the location, character, or ownership of a historic resource if the Secretary and the agency determine that disclosure may-- (1) cause a significant invasion of privacy; (2) risk harm to the historic resources; or (3) impede the use of a traditional religious site by practitioners. (b) Access determination When the head of a Federal agency or other public official has determined that information should be withheld from the public pursuant to subsection (a) of this section, the Secretary, in consultation with such Federal agency head or official, shall determine who may have access to the information for the purpose of carrying out this subchapter. (c) Consultation with Council When the information in question has been developed in the course of an agency's compliance with section 470f or 470h-2(f) of this title, the Secretary shall consult with the Council in reaching determinations under subsections (a) and (b) of this section. (Pub. L. 89-665, title III, Sec. 304, as added Pub. L. 96-515, title V, Sec. 501, Dec. 12, 1980, 94 Stat. 3002; amended Pub. L. 102-575, title XL, Sec. 4020, Oct. 30, 1992, 106 Stat. 4765.) Amendments 1992--Pub. L. 102-575 amended section generally. Prior to amendment, section read as follows: ``The head of any Federal agency, after consultation with the Secretary, shall withhold from disclosure to the public, information relating to the location or character of historic resources whenever the head of the agency or the Secretary determines that the disclosure of such information may create a substantial risk of harm, theft, or destruction to such resources or to the area or place where such resources are located.''