CITE

    16 USC Sec. 470w-3                                          01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1A - HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
    SUBCHAPTER II - NATIONAL HISTORIC PRESERVATION
    Part C - General and Miscellaneous

HEAD

    Sec. 470w-3. Access to information

STATUTE

    (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.

SOURCE

    (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."