Protect Culturally Sensitive Information Act

The "Protect Culturally Sensitive Information Act" aims to safeguard confidential information provided by Indian Tribes, Alaska Native Entities, and Native Hawaiian Organizations to the Federal Government. Its core purposes include fostering a safe and respectful consultation environment, building trust, and strengthening relationships for costewardship. By protecting this sensitive data, the Act seeks to advance the repatriation of cultural items and reinforce the policy of preserving traditional, cultural, and ceremonial practices. Under this Act, Tribal Governments or their Authorized Representatives can designate information as "culturally sensitive" if it pertains to significant sites, cultural items, or religious practices. Once designated, this information is explicitly exempt from public disclosure under the Freedom of Information Act and cannot be publicly released through other means. Agencies receiving such information must consult with the designating entity on storage and internal access, and consultations involving such data can be closed to the public. Limited disclosure is permitted only under specific conditions: for a lawful order or subpoena , agencies must notify the designating entity and work to mitigate adverse effects; otherwise, disclosure requires the written consent of each applicable entity. The Act also mandates the Secretary of the Interior to establish best practice guidelines and requires agencies to promulgate implementing regulations within one year.