---
kind: "section"
citation: "25 U.S.C. § 3077"
title: "25"
title_heading: "Indians"
number: "3077"
heading: "Treatment under Freedom of Information Act"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/3077"
units:
  - "Chapter 32B — Safeguard Tribal Objects of Patrimony"
---

# §3077. Treatment under Freedom of Information Act

- (a) **In general—** Except as provided in [subsection (c)](#c), the following information shall be exempt from disclosure under [section 552 of title 5](/usc/5/552.md):
  - (1) Information that a representative of an [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8)—
    - (A) submits to a Federal agency pursuant to this chapter or an amendment made by this Act; and
    - (B) designates as sensitive or private according to [Native American](/usc/25/3072.md?p=7) custom, law, culture, or religion.
  - (2) Information that any person submits to a Federal agency pursuant to this chapter or an amendment made by this Act that relates to an item for which an export certification is denied under this chapter.
- (b) **Applicability—** For purposes of [subsection (a)](#a), this chapter shall be considered a statute described in [section 552(b)(3)(B) of title 5](/usc/5/552.md?p=b-3-B).
- (c) **Exception—** An [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) may request and shall receive its own information, as described in [subsection (a)](#a), from the Federal agency to which the [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) submitted the information.

## Source credit

(Pub. L. 117–258, § 9, Dec. 21, 2022, 136 Stat. 2385.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3071 of this title and Tables.

An amendment made by this Act, referred to in subsec. (a)(1)(A), (2), means the amendment made by Pub. L. 117–258, which amended section 1170 of Title 18, Crimes and Criminal Procedure.