(2) to create a safe, respectful space for con-
sultation between the Federal Government and In-
dian Tribes, Alaska Native Entities, and Native Ha-
waiian Organizations that encourages a free-flowing 
exchange of information and ideas; 
(3) to build trust, strengthen relationships, and 
expand opportunities for costewardship between the 
Federal Government and Indian Tribes, Alaska Na-
tive Entities, and Native Hawaiian Organizations by 
ensuring that culturally sensitive information pro-
vided to the Federal Government will be protected to 
the maximum extent practicable; 
(4) to advance repatriation of cultural items, in-
cluding human remains, under the Native American 
Graves Protection and Repatriation Act (25 U.S.C. 
3001 et seq.); and 
(5) to strengthen support for the policy of the 
United States of protecting and preserving tradi-
tional, cultural, and ceremonial rites and practices in 
accordance with Public Law 95–341 (commonly 
known as the American Indian Religious Freedom 
Act) (42 U.S.C. 1996 et seq.). 
SEC. 3. DEFINITIONS. 
In this Act: 
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(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term in section 551 of title 5, 
United States Code. 
(2) ALASKA NATIVE ENTITY.—The term ‘‘Alas-
ka Native Entity’’ means— 
(A) a Native Corporation, as defined in 
section 3 of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1602); or 
(B) an Alaska Native Association ref-
erenced in section 7(a) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1606(a)), in-
cluding respective successor organizations. 
(3) AUTHORIZED REPRESENTATIVE.—The term 
‘‘Authorized Representative’’ means a person au-
thorized by an Alaska Native Entity, Native Hawai-
ian Organization, or Tribal Government to make de-
terminations with respect to culturally sensitive in-
formation on behalf of the Alaska Native Entity, 
Native Hawaiian Organization, or Tribal Govern-
ment. 
(4) CULTURAL
ITEMS.—The term ‘‘cultural 
items’’ has the meaning given the term in section 2 
of the Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3001). 
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(5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means any Indian or Alaska Native Tribe, band, na-
tion, pueblo, village, or other community the name 
of which is included (including parenthetically) on 
the list published by the Secretary of the Interior 
pursuant to section 104 of the Federally Recognized 
Indian Tribe List Act of 1994 (25 U.S.C. 5131). 
(6) NATIVE
HAWAIIAN
ORGANIZATION.—The 
term ‘‘Native Hawaiian Organization’’— 
(A) means an organization that— 
(i) serves and represents the interests 
of Native Hawaiians; 
(ii) has as a primary and stated pur-
pose for the provision of services to Native 
Hawaiians; and 
(iii) has expertise in Native Hawaiian 
affairs; and 
(B) includes Native Hawaiian Organiza-
tions registered with the Department of the In-
terior’s Office of Native Hawaiian Relations. 
(7) CULTURALLY
SENSITIVE
INFORMATION.— 
The term ‘‘culturally sensitive information’’ means 
information described in section 4(a) that is subject 
to the disclosure protections and handling require-
ments of this Act. 
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(8) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
Government’’ means the governing body of an In-
dian Tribe. 
SEC. 4. PROHIBITION ON DISCLOSURE. 
(a) DESIGNATION OF CULTURALLY SENSITIVE IN-
FORMATION.—A Tribal Government or an Authorized 
Representative may designate information provided to any 
agency (including information shared with the agency 
prior to the date of the enactment of this Act) relating 
to the location or attributes of culturally or religiously sig-
nificant sites including burial sites, or to cultural items, 
or the existence or details of cultural or religious practices, 
as culturally sensitive information. 
(b) PROTECTION OF CULTURALLY SENSITIVE INFOR-
MATION.— 
(1) HANDLING OF CULTURALLY SENSITIVE IN-
FORMATION.—Any agency that receives information 
designated as culturally sensitive information under 
subsection (a) shall consult with the appropriate 
Tribal Government or Authorized Representative to 
determine— 
(A) how the agency may store the informa-
tion; and 
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(B) which other entities within the Federal 
Government, if any, may have access to the in-
formation. 
(2) PROHIBITION
AGAINST
PUBLIC
DISCLO-
SURE.—Except as provided in paragraph (3), any 
information designated as culturally sensitive infor-
mation under subsection (a) is exempt from disclo-
sure under section 552(b)(3) of title 5, United 
States Code (commonly known as the Freedom of 
Information Act), and may not be made available to 
the public under any other provision of law or in any 
Federal publication. 
(3) LIMITED RELEASE OF CULTURALLY SEN-
SITIVE INFORMATION.— 
(A) COMPELLED
DISCLOSURE.—In the 
case of any lawful order (including a subpoena) 
compelling an agency to disclose culturally sen-
sitive information in its possession— 
(i) the lawful order shall, to the extent 
practicable, provide for the mitigation of 
any potential adverse effect deriving from 
the release of culturally sensitive informa-
tion; 
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(ii) the agency shall, not later than 3 
business days after such order takes ef-
fect— 
(I) notify each applicable Tribal 
Government or Authorized Represent-
ative in writing of the intention of the 
agency to comply with the order or 
subpoena; and 
(II) to the maximum extent prac-
ticable, and in consultation with the 
applicable Tribal Government or Au-
thorized Representative, mitigate the 
potential adverse effect of releasing 
the culturally sensitive information, 
including by requesting that docu-
ments be redacted, provided under 
seal, or reviewed in camera; and 
(iii) the court shall accord due def-
erence to any mitigation undertaken by the 
agency under clause (ii)(II). 
(B) CONSENT TO DISCLOSURE.—In the ab-
sence of a lawful order or subpoena compelling 
the release of culturally sensitive information, 
the agency may disclose information designated 
as culturally sensitive information under sub-
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section (a) only if each applicable Tribal Gov-
ernment or Authorized Representative consent 
to the disclosure in writing. 
(c) CLOSED CONSULTATIONS.—At the request of a 
Tribal Government or an Authorized Representative, a 
consultation or communication that is likely to involve dis-
cussion of the location or attributes of culturally or reli-
giously significant sites, or to cultural items, or the exist-
ence or details of cultural or religious practices shall be 
closed to the public, and all records created in relation 
to that meeting shall be designated as culturally sensitive 
information. 
(d) BEST PRACTICES.—The Secretary of the Interior, 
in consultation with Indian Tribes, Alaska Native Entities, 
and Native Hawaiian Organizations, shall establish guide-
lines for Federal agencies that includes information to un-
derstand the significance of and best practices to handle 
culturally sensitive information. 
(e) REGULATIONS.— 
(1) PROMULGATION.—Not later than 1 year 
after the date of enactment of this Act, except as 
provided in paragraph (2), the head of each agency 
shall promulgate rules and regulations to carry out 
this Act. 
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(2) SCOPE.—In carrying out paragraph (1), the 
head of an agency with jurisdiction over other agen-
cies may promulgate rules and regulations on behalf 
of those other agencies. 
Æ 
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