---
kind: "section"
citation: "25 U.S.C. § 3056"
title: "25"
title_heading: "Indians"
number: "3056"
heading: "Prohibition on disclosure"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/3056"
units:
  - "Chapter 32A — Cultural and Heritage Cooperation Authority"
---

# §3056. Prohibition on disclosure

- (a) **Nondisclosure of information—**
  - (1) **In general—** The [Secretary](/usc/25/5130.md?p=1) shall not disclose under [section 552 of title 5](/usc/5/552.md) (commonly known as the “Freedom of Information Act”), information relating to—
    - (A) subject to subsection (b)(l),[^1] [human remains](/usc/25/3052.md?p=3) or [cultural items](/usc/25/3052.md?p=2) reburied on [National Forest System](/usc/25/3052.md?p=7) land under [section 3053 of this title](/usc/25/3053.md); or
    - (B) subject to [subsection (b)(2)](#b-2), resources, [cultural items](/usc/25/3052.md?p=2), uses, or activities that—
      - (i) have a [traditional and cultural purpose](/usc/25/3052.md?p=9); and
      - (ii) are provided to the [Secretary](/usc/25/5130.md?p=1) by an [Indian](/usc/25/3052.md?p=4) or [Indian tribe](/usc/25/3052.md?p=5) under an express expectation of confidentiality in the context of forest and rangeland research activities carried out under the authority of the Forest Service.
  - (2) **Limitations on disclosure—** Subject to [subsection (b)(2)](#b-2), the [Secretary](/usc/25/5130.md?p=1) shall not be required to disclose information under [section 552 of title 5](/usc/5/552.md) (commonly known as the “Freedom of Information Act”), concerning the identity, use, or specific location in the [National Forest System](/usc/25/3052.md?p=7) of—
    - (A) a site or resource used for [traditional and cultural purposes](/usc/25/3052.md?p=9) by an [Indian tribe](/usc/25/3052.md?p=5); or
    - (B) any [cultural items](/usc/25/3052.md?p=2) not covered under [section 3053 of this title](/usc/25/3053.md).
- (b) **Limited release of information—**
  - (1) **Reburial—** The [Secretary](/usc/25/5130.md?p=1) may disclose information described in subsection (a)(l)(A)[^2] if, before the disclosure, the [Secretary](/usc/25/5130.md?p=1)—
    - (A) consults with an affected [Indian tribe](/usc/25/3052.md?p=5) or lineal descendent;
    - (B) determines that disclosure of the information—
      - (i) would advance the purposes of this chapter; and
      - (ii) is necessary to protect the [human remains](/usc/25/3052.md?p=3) or [cultural items](/usc/25/3052.md?p=2) from harm, theft, or destruction; and
    - (C) attempts to mitigate any adverse impacts identified by an [Indian tribe](/usc/25/3052.md?p=5) or [lineal descendant](/usc/25/3052.md?p=6) that reasonably could be expected to result from disclosure of the information.
  - (2) **Other information—** The [Secretary](/usc/25/5130.md?p=1), in consultation with appropriate [Indian tribes](/usc/25/3052.md?p=5), may disclose information described under paragraph [(1)(B)](#a-1-B) or [(2)](#a-2) of subsection (a) if the [Secretary](/usc/25/5130.md?p=1) determines that disclosure of the information to the public—
    - (A) would advance the purposes of this chapter;
    - (B) would not create an unreasonable risk of harm, theft, or destruction of the resource, site, or object, including individual organic or inorganic specimens; and
    - (C) would be consistent with other applicable laws.

## Footnotes

[^1]: So in original. Probably should be “(b)(1),”.
[^2]: So in original. Probably should be “(a)(1)(A)”.

## Source credit

(Pub. L. 110–234, title VIII, § 8106, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8106, June 18, 2008, 122 Stat. 1664, 2050.)

## Notes

### Editorial Notes

### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.

### Definition of “Secretary”

“Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.