12 2 STA T . 12 89PUBLIC LA W 11 0– 2 34—M A Y 22 , 2008 (B)subject t o subsect i o n (b)( 2 ) ,r esources, cu l tur a l ite m s, uses, or acti v ities t h at — (i) have a tra d itional and cultural p urpose
and (ii) are provided to the S ecretar y by an I ndian or Indian tribe under an e x press expectation o f con - fidentiality in the context of forest and ran g eland research activities carried out under the authority of the F orest Service . (2) LIM I TA TI ONS ON D IS CL OS URE .—Subject to subsection (b)(2), the Secretary shall not be re q uired to disclose informa- tion under section 5 52 of title 5, U nited States C ode (commonly k no w nasthe ‘ ‘Freedom of Information A ct ’ ’), concerning the identity, use, or specific location in the N ational Forest System of— (A) a site or resource used for traditional and cultural purposes by an Indian tribe; or (B) any cultural items not covered under section 8103 . (b) LIMITED R ELEASE O F INFORMATION.— (1) RE B URIAL.— T he Secretary may disclose information described in subsection (a)(l)(A) if, before the disclosure, the Secretary— (A) consults with an affected Indian tribe or lineal descendent; (B) determines that disclosure of the information— (i) would advance the purposes of this subtitle; and (ii) is necessary to protect the human remains or cultural items from harm, theft, or destruction; and (C) attempts to mitigate any adverse impacts identified by an Indian tribe or lineal descendant that reasonably could be expected to result from disclosure of the informa- tion. (2) O T H ER INFORMATION.—The Secretary, in consultation with appropriate Indian tribes, may disclose information described under paragraph (1)(B) or (2) of subsection (a) if the Secretary determines that disclosure of the information to the public— (A) would advance the purposes of this subtitle; (B) would not create an unreasonable risk of harm, theft, or destruction of the resource, site, or object, including individual organic or inorganic specimens; and (C) would be consistent with other applicable laws. SEC.8107 .SE V E RABIL I TY A ND SAVIN G S P R O VISIONS. (a) SE V ERABILIT Y .—If any provision of this subtitle, or the application of any provision of this subtitle to any person or cir- cumstance is held invalid, the application of such provision or circumstance and the remainder of this subtitle shall not be affected thereby. (b) SAVIN G S.—Nothing in this subtitle— (1) diminishes or expands the trust responsibility of the United States to Indian tribes, or any legal obligation or remedy resulting from that responsibility; (2) alters, abridges, repeals, or affects any valid agreement between the Forest Service and an Indian tribe; (3) alters, abridges, diminishes, repeals, or affects any reserved or other right of an Indian tribe; or 25USC30 5 7.
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