§ 1733. — Information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1733]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 29--OIL AND GAS ROYALTY MANAGEMENT
SUBCHAPTER II--STATES AND INDIAN TRIBES
Sec. 1733. Information
(a) Availability of confidential information by Secretary pursuant to
cooperative agreements; conditions
Trade secrets, proprietary and other confidential information shall
be made available by the Secretary, pursuant to a cooperative agreement,
to a State or Indian tribe upon request only if--
(1) such State or Indian tribe consents in writing to restrict
the dissemination of the information to those who are directly
involved in an audit or investigation under this chapter and who
have a need to know;
(2) such State or tribe accepts liability for wrongful
disclosure;
(3) in the case of a State, such State demonstrates that such
information is essential to the conduct of an audit or investigation
or to litigation under section 1734 of this title; and
(4) in the case of an Indian tribe, such tribe demonstrates that
such information is essential to the conduct of an audit or
investigation and waives sovereign immunity by express consent for
wrongful disclosure by such tribe.
(b) Nonliability of United States for wrongful disclosure
The United States shall not be liable for the wrongful disclosure by
any individual, State, or Indian tribe of any information provided to
such individual, State, or Indian tribe pursuant to any cooperative
agreement or a delegation, authorized by this chapter.
(c) Law governing disclosure
Whenever any individual, State, or Indian tribe has obtained
possession of information pursuant to a cooperative agreement authorized
by this section, or any individual or State has obtained possession of
information pursuant to a delegation under section 1735 of this title,
the individual shall be subject to the same provisions of law with
respect to the disclosure of such information as would apply to an
officer or employee of the United States or of any department or agency
thereof and the State or Indian tribe shall be subject to the same
provisions of law with respect to the disclosure of such information as
would apply to the United States or any department or agency thereof. No
State or State officer or employee who receives trade secrets,
proprietary information, or other confidential information under this
chapter may be required to disclose such information under State law.
(Pub. L. 97-451, title II, Sec. 203, Jan. 12, 1983, 96 Stat. 2458.)
Section Referred to in Other Sections
This section is referred to in sections 196, 1731a, 1732 of this
title.
