Sec. 9. confidentiality

273 words·~1 min read·/statute-compilations/comps-1707/sec-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## Sec. 9 confidentiality **[**[16 U.S.C. 470hh](/us/usc/t16/s470hh)**]** ###

(a)Information concerning the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission under this Act 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 of the United States Code or under any other provision of law unless the Federal land manager concerned determines that such disclosure would— ####

(1)further the purposes of this Act or the Act of June 27, 1960 (16 U.S.C. 469–469c)2, and 2Section 5(d)(8) of Public Law 113-287 directed an amendment to subsection. (a)(2), however, it probably should have been made to subsection (a)(1). Public Law 113-287 attempts to substitute “chapter 3125 of title 54, United States Code” for “the Act of June 27, 1960 (16 U.S.C. 469-469c)”. ####

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

(b)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 3Subsection (b)(2) probably should end with “, and” rather than simply a comma. ####

(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.

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U.S. Code