12 2 STA T . 2 05 0 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 (b)CLOSINGLA N DFR O MPUB LI CA CC E SS .— ( 1 )AU TH ORIT Y TO CLOSE.— Uponthea pp r o v a l b y the S e c- retary o f are qu e s t fro m an I n di an tribe , the Secretary may temporarily close from public access specifically identified N ational Forest System land to protect the privacy of tribal activities for traditional and cultural purposes. ( 2 ) LIMITATION.—A closure of National Forest System land under para g raph (1) shall affect the smallest practicable area for the minimum period necessary for activities of the applicable Indian tribe. ( 3 ) CONSISTENCY.—Access by Indian tribes to National Forest System land under this subsection shall be consistent w ith the purposes of Public Law 95– 3 4 1 (commonly k nown as the American Indian R eligious Freedom Act
42 U.S.C. 199 6 ). SEC.8105 . FOR ES TP RO DU CTS FOR TR A D I TIO N A L AND CULTURAL PUR - POSES. (a) IN G ENERAL.—Notwithstanding section 14 of the National Forest M anagement Act of 19 7 6 (16 U.S.C. 472a), the Secretary may provide free of charge to Indian tribes any trees, portions of trees, or forest products from National Forest System land for traditional and cultural purposes. (b) PROHIBITION.— T rees, portions of trees, or forest products provided under subsection (a) may not be used for commercial purposes. SEC. 810 6 . PRO H I B ITION ON DISCLOSURE. (a) NONDISCLOSURE O F INFORMATION.— (1) IN GENERAL.—The Secretary shall not disclose under section 552 of title 5, United States Code (commonly known as the ‘ ‘Freedom of Information Act ’ ’), information relating to— (A) sub j ect to subsection (b)(l), human remains or cul- tural items reburied on National Forest System land under section 8 1 0 3; or ( B ) subject to subsection (b)(2), resources, cultural items, uses, or activities that— (i) have a traditional and cultural purpose; and (ii) are provided to the Secretary by an Indian or Indian tribe under an e x press expectation of con- fidentiality in the context of forest and rangeland research activities carried out under the authority of the Forest Service. (2) LIMITATIONS ON DISCLOSURE.—Subject to subsection (b)(2), the Secretary shall not be required to disclose informa- tion under section 552 of title 5, United States Code (commonly known as the ‘‘Freedom of Information Act’’), concerning the identity, use, or specific location in the National 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 RELEASE OF INFORMATION.— (1) REBURIAL.—The 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— 25USC30 5 6. 25 USC 3055.
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