§ 470hh. Confidentiality of information concerning nature and location of archaeological resources

• (a) Information concerning the nature and location of any archaeological resource 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 of title 5 or under any other provision of law unless the Federal land manager concerned determines that such disclosure would—
  • (1) further the purposes of this chapter or chapter 3125 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) Notwithstanding the provisions of subsection (a), upon the written request of the Governor of any State, which request shall state—
  • (1) the specific site or area 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,