Press Releases

SANTA FE, NM — Congresswoman Teresa Leger Fernández (D-NM) introduced H.R. 6206, the Protect Culturally Sensitive Information Act to make sure Native American Tribes, Alaska Native Entities, and Native Hawaiian Organizations can share sacred and culturally important information with the federal government without fear that it will be made public under the Freedom of Information Act (FOIA). 

The bill also creates a safe, confidential space for consultation so tribes can protect information about sacred and religiously significant sites, burial grounds, cultural items, and traditional practices. It closes long-standing gaps in federal law that put these places and traditions at risk, while still keeping the transparency families expect from their government. Importantly, this legislation does not require tribes to share additional or unnecessary information.

“Our Native communities carry thousands of years of stormy spirit, and memory in the land we walk every day in New Mexico. Those sacred places, items, and practices deserve safety, not exposure,” said Leger Fernández. “The Protect Culturally Sensitive Information Act makes sure the federal government keeps sensitive information private and creates a safe space for consultation so tribes can protect what they love without risking harm. We honor our pueblos, tribes, and nations by listening, respecting their sovereignty, and keeping sites and practices protected for the next generation.” 

Native American Tribes, Alaska Native Entities, and Native Hawaiian Organizations hold knowledge about sacred sites, burial places, cultural items, and traditional practices that must be protected to keep these places safe from vandalism, theft, and misuse. But when tribes share this information with federal agencies – often because it’s required during consultation or repatriation — it can become vulnerable to release under FOIA. FOIA currently has no exemption for culturally sensitive information from tribes. 

This gap in federal law has exposed sacred places to harm and discouraged tribes from sharing information needed to protect their heritage. In New Mexico and across the country, vandalized sites show the consequences of leaving this information unprotected. Some tribes have even stopped participating in federal review processes because they fear sensitive details could be made public. 

The Protect Culturally Sensitive Information Act fixes this problem by creating a clear FOIA exemption for information that tribes identify as culturally sensitive. The bill: 

• Allows Tribes, Alaska Native Entities, Native Hawaiian Organizations, or their authorized representatives to designate information they provide to federal agencies – including past records – as culturally sensitive. 
• Protects that information from public disclosure under FOIA, unless a court orders its release. 
• Requires federal agencies to consult with tribes on how that information should be stored and who inside the government can access it. 
• Allows tribes to request that consultations likely to involve sensitive information be closed to the public, with related records marked as protected. 
• Directs the Secretary of the Interior, in consultation with Tribes, Alaska Native Entities, and Native Hawaiian Organizations, to develop guidelines to help agencies properly handle culturally sensitive information. 
• Requires all federal agencies to issue regulations to carry out the Act within one year. 

By closing this long-standing gap in FOIA, the Protect Culturally Sensitive Information Act creates the safe space needed for meaningful consultation and helps protect sacred places, cultural items, and traditional knowledge for future generations. 

The Protect Culturally Sensitive Information Act is endorsed by tribes in New Mexico including the Mescalero Apache Nation, Navajo Nation, and Pueblos of Acoma, Laguna, San Felipe, Santa Clara, Santo Domingo, Zia, and Zuni. Outside of New Mexico, it is endorsed by the National Association of Tribal Historic Preservation Officers, National Congress of American Indians, and the United South and Eastern Tribes Sovereignty Protection Fund.

"NCAI has long supported efforts to promote Tribal data sovereignty and protect sensitive Tribal information from unnecessary or harmful exposure," said Larry Wright Jr., Executive Director of the National Congress of American Indians. "The protections outlined in the Protect Culturally Sensitive Information Act - particularly those preventing culturally sensitive data from public disclosure under the Freedom of Information Act - will ensure that Tribes retain full authority over the ownership, use, and sharing of knowledge about their peoples, lands, resources, cultures, religions. We look forward to working with the U.S. Department of Interior to develop clear guidelines for federal agencies to effectively implement this important bill."

"Protecting sensitive Tribal information, including knowledge about sacred places and cultural practices, is central to the sovereignty, safety, and the survival of our country’s Tribal Nations. By giving federal agencies clear authority and responsibility to protect this information, this bill supports more informed and effective decision-making that seeks to avoid harm while respecting Tribal sovereignty. Thanks to Congresswoman Leger Fernández for taking this step in support of Tribal sovereignty and introducing the Protect Culturally Sensitive Information Act,” said Dr. Valerie Grussing, Executive Director for Legislative Affairs & Strategic Partnerships of the National Association of Tribal Historic Preservation Officers.

“This bill addresses a longstanding privacy issue for Tribal Nations, ensuring that sensitive cultural information shared with the federal government will not be subject to public disclosure under the Freedom of Information Act. Establishing and clarifying these legal protections is an essential step in restoring trust with the federal government to protect this sensitive information from public dissemination. For these reasons, USET SPF expressly states its strong support for introduction and passage of the Protect Culturally Sensitive Information Act.”