---
kind: "section"
citation: "16 U.S.C. § 470hh"
title: "16"
title_heading: "Conservation"
number: "470hh"
heading: "Confidentiality of information concerning nature and location of archaeological resources"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/470hh"
units:
  - "Chapter 1B — Archaeological Resources Protection"
---

# §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](/usc/16/470bb.md?p=1) 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](/usc/5/chptI/ch5.md) of title 5 or under any other provision of law unless the [Federal land manager](/usc/16/470bb.md?p=2) concerned determines that such disclosure would—
  - (1) further the purposes of this chapter or [chapter 3125](/usc/54/chstIII/dB/sd3/ch3125.md) 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)](#a), upon the written request of the Governor of any [State](/usc/16/470bb.md?p=7), which request shall [state](/usc/16/470bb.md?p=7)—
  - (1) the specific site or [area](/usc/16/539m–1.md?p=1-A) 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](/usc/16/470bb.md?p=2) concerned shall provide to the Governor information concerning the nature and location of [archaeological resources](/usc/16/470bb.md?p=1) within the [State](/usc/16/470bb.md?p=7) 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.)

## Notes

### Editorial Notes

### Amendments

2014—Subsec. (a)(1). Pub. L. 113–287, which directed substitution of “chapter 3125 of title 54” for “the Act of June 27, 1960 (16 U.S.C. 469–469c)” in subsec. (a)(2), was executed by making the substitution in subsec. (a)(1), to reflect the probable intent of Congress.
