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.
| Department | Claims |
|---|---|
| Dept. of Defense | 69.0 |
| Dept. of Interior | 21.0 |
| Dept. of Agriculture | 6.0 |
| Tennessee Valley Authority | 1.0 |
TITLE 16--CONSERVATION
CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION
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.''