The Need for Enhanced and Meaningful Confidentiality in Tribal Cultural Resource Protection
Legal Planet
NOVEMBER 26, 2021
While FOIA does not apply to state and local governments, most states have implemented public records acts that mirror FOIA to varying degrees, leaving tribal information exchanged in either federal or state consultations susceptible to a public records request. FOIA Exemptions 3, 4, 5, 6, and 9 have the potential to prove useful to tribes.
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