An Act to amend section 552 of title 5, United States Code, to codify the provisions of Public Law 89-187
PL 90-23 (H.R.5357), enacted 06/05/1967

54 
PUBLIC LAW 90-23-JUNE 5, 1967 
[81 STAT. 
June 5, 1967 
[H. R. 5357] 
Public informa-
tion. 
80 Stat. 383. 
Publication in 
Federal Register. 
Inspection and 
copying. 
Public Law 90-23 
To ameiul section "y2 of title 
AN ACT 
T
)
, ITnited States Code, to codify the provisions of 
Public Law 89-^87. 
Conditions. 
Be It endcted hy the Senate and House of RepresentativeH of the 
United States of America in Congress assembled. That section 552 of 
title 5, United States Code, is amended to read: 
"§552. Public 
information; 
agency 
rules, 
opinions, 
orders, 
records, and proceedings 
"(a) Each agency shall make available to the public information 
as follows: 
"(1) Each agency shall separately state and currently publish in 
the Federal Register for the guidance of the public— 
"(A) descriptions of its central and field organization and 
the established places at which, the employees (and in the case 
of a uniformed service, the members) from whom, and the 
methods whereby, the public may obtain information, make 
submittals or requests, or obtain decisions; 
"(B) statements of the general course and method by which its 
functions are channeled and determined, including the nature and 
requirements of all formal and informal procedures available; 
"((^) rules of procedure, descriptions of forms available or the 
places at w^hich forms may be obtained, and instructions as to the 
scope and contents of all papers, reports, or examinations; 
(I)) substantive rules of general applicability adopted as 
authorized by law, and statements of general policy or interpreta-
tions of general applicability formulated and adopted by the 
agency; and 
" (E) each amendment, revision, or repeal of the foregoing. 
Except to the extent that a person has actual and timely notice of the 
terms thereof, a person may not in any manner be required to resort to, 
or be adversely affected by, a matter required to be published in the 
Federal Register and not so published. For the purpose of this para-
graph, matter reasonably available to the class of persons affected 
thereby is deemed published in the Federal Register when incorporated 
by reference therein with the approval of the Director of the Federal 
Register. 
"(2) Each agency, in accordance with published rules, shall make 
available for public inspection and copying— 
"(A) final opinions, including concurring and dissenting opin-
ions, as well as orders, made m the adjudication of cases; 
"(B) those statements of policy and interpretations which have 
been adopted by the agency and are not published in the Federal 
Register; and 
"(C) administrative staff manuals and instructions to staff that 
affect a member of the public; 
unless the materials are promptly published and copies offered for 
sale. To the extent required to prevent a clearly unwarranted invasion 
of personal privacy, an agency may delete identifying details when it 
makes available or publishes an opinion, statement of policy, interpre-
tation, or staff manual or instruction. However, in each case the justi-
fication for the deletion shall be explained fully in writing. Each agency 
also shall maintain and make available for public inspection and copy-
ing a current index providing identifying information for the public 
as to any matter issued, adopted, or promulgated after July 4, 1967, 
and required by this paragraph to be made available or published. A 
final order, opinion, statement of policy, interpretation, or staff manual 
81 STAT. ] 
PUBLIC LAW 90-23-JUNE 5, 1967 
. 
55 
or instruction that iifleets a member of the public may be relied on, 
used, or cited as precedent by an agency against a party other than an 
agency only if— 
''(i) it has been indexed and either made available or published 
as provided by this paragraph; or 
"(ii) the party has actual and timely notice of the terms 
thereof. 
" (^3) P^xcept with respect to the records made available under para-
graphs (1) and (2) of this subsection, each agency, on request for 
identifiable records made in accordance with published rules stating 
the time, place, fees to the extent authorized by statute, and procedure 
to be followed, shall make the records promptly available to any person. 
On complaint, the district court of the Fnited States in the district in 
which the complainant resides, or has his principal place of business, 
or in which the agency records are situated, has jurisdiction to enjoin 
the agency from withholding agency records and to order the produc-
tion of any agency records improperly withheld from the complainant. 
In such a case the court shall determine the matter de novo and the 
burden is on the agency to sustain its action. In the event of noncom-
pliance with the order of the court, the district court may punish for 
contempt the responsible employee, and in the case of a uniformed 
service, the responsible member. P^xcept as to causes the court considers 
of greater importance, proceedings before the district court, as author-
ized by this paragraph, take precedence on the docket over all other 
causes and shall be assigned for hearing and trial at the earliest 
])racticable date and expedited in every way. 
'*{4) Each agency having more than one member shall maintain and 
make available for public inspection a record of the final votes of each 
inember in every agency proceeding. 
" (b) This section does not apply to matters that are— 
Nonappiica-
""(1) specifically required by Executive order to be kept secret ^'•^^^y-
in the interest of the national defense or foreign policy; 
"(2) related solely to the internal personnel rules and practices 
of an agency; 
" (8) specifically exempted from disclosure by statute: 
"(4) trade secrets and commercial or financial information 
obtained from a person and privileged or confidential ; 
"(5) inter-agency or intra-agency memorandums or letters 
whicli would not be available by law to a party other than an 
agency in litigation with the agency; 
"(H) personnel and medical files and similar files the disclosure 
of which would constitute a clearly unwarranted invasion of per-
sonal privacy ; 
" (7) investigatory files compiled for law enforcement purposes 
except to the extent available by law to a party other than an 
agency; 
''(8) contained in or related to examinati(m, operating, or 
condition reports prepared by, on behalf of, or for the use of an 
agency responsible for the regulation or supervision of financial 
institutions; or 
"(9) geological and geophysical information and data, includ-
ing maps, concerning wells. 
•'(c) This section does not authorize withholding of information 
or limit the availability of records to the public, except as specifi-
cally stated in this section. This section is not authority to withhold 
Congressional 
information from Congress." 
reservation. 
56 
PUBLIC LAW 90-24-JUNE 5, 1967 
[81 STAT. 
80 Stat. 380. 
Repeal. 
Effective date. 
SEC. 2. The analysis of chapter 5 of title 5, United States Code, is 
amended by striking out: 
"552. Publication of information, rules, opinions, orders, and public records." 
and inserting in place thereof: 
"552. Public information; agency rules, opinions, orders, records, and proceed-
ings." 
SEC. 3. The Act of July 4,1966 (Public Law 89-487, 80 Stat. 250), 
is repealed. 
SEC. 4. This Act shall be effective July 4, 1967, or on the date of 
enactment, whichever is later. 
Approved June 5, 1967, 
June 5, 1967 
[H. R. 7965] 
Public Law 90-24 
AN ACT 
To transfer title to tribal land on the Fort Peck Indian Reservation, and for 
other purposes. 
Fort Peck 
Indian Reserva-
tion, Mont. 
Land convey-
Mineral rights. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Secretary 
of the Interior is hereby authorized to issue a patent conveying to 
School District No. 45 and 45A, Roosevelt County, Montana, or any 
other local authority in Montana empowered to take title for the con-
struction of a public school on the land, all right, title, and interest 
of the Assiniboine and Sioux Tribes of the Fort Peck Indian Reserva-
tion and of the United States in and to a tract of land containing 20.62 
acres, more or less, on the Fort Peck Indian Reservation, Roosevelt 
County, Montana, located in the southeast quarter of section 16, town-
ship 27, north range 47 east, principal meridian Montana, and more 
j)articularly described as follows: 
From the southeast corner of section 16, townsliip 27 north, 
range 47 east, principal meridian Montana, proceed north 00 
degrees 12 minutes 45 seconds west, along the section line, 1,325.5 
feet; thence south 89 degrees 48 minutes west, 600.00 feet to the 
true point of beginning; thence north 00 degrees 12 minutes west, 
625.60 feet; thence south 75 degrees 20 minutes 10 seconds west, 
along the Great Northern Railroad right-of-way line, 920.66 feet; 
thence south, 875.93 feet; thence east, 1,007.78 feet; thence north 
27 degrees 42 minutes 59 seconds west, 197.45 feet; thence north 
22 degrees 41 minutes 32 seconds west, 59.90 feet; thence north, 
253.36 feet to the true point of beginning; 
reserving to the tribes all minerals, including oil and gas: 
Provided, 
That the patent shall not be delivered to the grantee until School Dis-
trict Numbered 45 and 45A, Roosevelt County, Montana, has conveyed 
to the United States in trust for the Fort Peck tribes, lands in accord-
ance with the terms and conditions set forth in Resolution Numbered 
545B-67-3, adopted March 17, 1967, by the Fort Peck Tribal Execu-
tive Board and until all other terms and conditions of that resolution 
are fully satisfied. 
Approved June 5, 1967.