“To protect the confidentiality of culturally sensitive information.”
No CRS summary available for this bill.
This section states the purposes of the Act, which are to (1) protect the confidentiality of culturally sensitive information provided by Indian Tribes, Alaska Native Entities, and Native Hawaiian Organizations to the Federal Government; (2) create a safe, respectful space for consultation between the Federal Government and such entities that encourages a free-flowing exchange of information and ideas; (3) build trust, strengthen relationships, and expand co-stewardship opportunities by protecting such information to the maximum extent practicable; (4) advance repatriation of cultural items, including human remains, under the Native American Graves Protection and Repatriation Act; and (5) strengthen support for the policy of protecting and preserving traditional, cultural, and ceremonial rites and practices under the American Indian Religious Freedom Act.
This section establishes definitions for terms used in the Act, including (1) "agency," as defined in 5 U.S.C. §551; (2) "Alaska Native Entity," meaning a Native Corporation under the Alaska Native Claims Settlement Act or an Alaska Native Association (including successors); (3) "authorized representative," meaning a person authorized by an Alaska Native entity, Native Hawaiian organization, or tribal government to make determinations on culturally sensitive information; (4) "cultural items," as defined in 25 U.S.C. §3001 (i.e., the Native American Graves Protection and Repatriation Act); (5) "Indian tribe," meaning any federally recognized tribe on the Secretary of the Interior's list under 25 U.S.C. §5131; (6) "Native Hawaiian organization," meaning an organization serving Native Hawaiians with expertise in Native Hawaiian affairs (including those registered with the Department of the Interior's Office of Native Hawaiian Relations); (7) "culturally sensitive information," meaning information described in section 4(a) subject to the Act's disclosure protections; and (8) "tribal government," meaning the governing body of an Indian tribe.
This section establishes procedures for Tribal Governments or Authorized Representatives to designate as "culturally sensitive information" any data provided to federal agencies concerning the location or attributes of culturally or religiously significant sites (including burial sites), cultural items, or cultural or religious practices. It requires agencies receiving such designated information to consult with the designating entity on storage and access; exempts the information from disclosure under the Freedom of Information Act (5 U.S.C. §552(b)(3)) or any other law, absent written tribal consent or a lawful order; and, for compelled disclosures (e.g., subpoenas), mandates three-business-day notice to the tribe, mitigation measures to the extent practicable (e.g., redaction, sealing, or in camera review), and judicial deference to agency mitigation efforts. This section further requires closure of consultations likely to discuss such topics at tribal request, with related records automatically designated sensitive; directs the Secretary of the Interior, in consultation with Indian Tribes, Alaska Native entities, and Native Hawaiian organizations, to issue agency guidelines on handling such information; and requires agency heads to promulgate implementing regulations within one year of enactment.