
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC470w-3]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
              SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION
 
                    Part C--General and Miscellaneous
 
Sec. 470w-3. Access to information


(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.

(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.''
