Treatment under Freedom of Information Act

25 U.S.C. § 3077
in effect
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(a) In generalExcept as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5:(1) Information that a representative of an Indian Tribe or Native Hawaiian organization—(A) submits to a Federal agency pursuant to this chapter or an amendment made by this Act; and (B) designates as sensitive or private according to Native American custom, law, culture, or religion. (2) Information that any person submits to a Federal agency pursuant to this chapter or an amendment made by this Act that relates to an item for which an export certification is denied under this chapter. (b) ApplicabilityFor purposes of subsection (a), this chapter shall be considered a statute described in section 552(b)(3)(B) of title 5. (c) ExceptionAn Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information.

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