[Nhcoll-l] Publishing Vertebrate Paleontology data through IPT and Federal land requirements

Hitchcock, F ann_hitchcock at nps.gov
Thu Mar 20 11:32:01 EDT 2014 

Andy et al:

The National Park Service has the authority to withhold locality
information when doing so will help to protect park natural or cultural
resources. NPS may apply this authority not only to specimens in its
custody but also to all NPS specimens held in non-NPS institutions. The
authority to withhold this information constitutes a statutory exemption
from the Freedom of Information Act (FOIA).

If you have any questions about withholding information for NPS specimens,
please contact the curator at the park from which the specimens were
collected.

The following selected excerpts from NPS Management Policies provide
further guidance:

1.9.2.3 Information Confidentiality

Although it is the general NPS policy to share information
widely, the Service also realizes that providing information
about the location of park resources may sometimes place
those resources at risk of harm, theft, or destruction...Therefore,
information will be withheld when the Service foresees that
disclosure would be harmful to an interest protected by an
exemption under the Freedom of Information Act (FOIA).

4.1.2 Natural Resource Information

Most information about park natural resources will be
made broadly available to park employees, the scientific
community, and the public. Pursuant to provisions of the
National Parks Omnibus Management Act, the Service will
withhold information about the nature and specific location
of sensitive park natural resources--specifically caves and
mineral, paleontological, endangered, threatened, rare,
or commercially valuable resources--unless the Service
determines, in writing, that disclosure of the information
would further the purposes of the park; would not create
an unreasonable risk of harm, theft, or destruction of
resources; and would be consistent with other applicable
laws.

4.8.2.1 Paleontological Resources and Their Contexts

The Service will take appropriate action to prevent damage
to and unauthorized collection of fossils. To protect
paleontological resources from harm, theft, or destruction,
the Service will ensure, where necessary, that information
about the nature and specific location of these resources
remains confidential, in accordance with the National Parks
Omnibus Management Act of 1998.

5.2.3 Confidentiality [for cultural resources]

Sensitive or confidential information is sometimes acquired
during consultations and during other research, planning,
and stewardship activities. Under certain circumstances
and to the extent permitted by law, information about
the specific location, character, nature, ownership, or
acquisition of cultural resources on park lands will be
withheld from public disclosure. If a question arises about
withholding information, and disclosure could result in a
significant invasion of privacy or a risk of harm to a cultural
resource, the Park Service will consult the provisions of the
Archaeological Resources Protection Act (16 USC 470hh);
the National Parks Omnibus Management Act (16 USC
5937); and the National Historic Preservation Act (16 USC
470w-3) before making a decision.

The National Parks Omnibus Management Act of 1998 (16 USC 5937) states:

Information concerning the nature and specific location of a National Park
System resource which is endangered, threatened, rare, or commercially
valuable, of mineral or paleontological objects within units of the
National Park System, or of objects of cultural patrimony within units of
the National Park System, may be withheld from the public in response to a
request under section 552 <http://www.law.cornell.edu/uscode/text/5/552> of
title 5 <http://www.law.cornell.edu/uscode/text/5>, unless the Secretary
determines that--
(1) disclosure of the information would further the purposes of the unit of
the National Park System in which the resource or object is located and
would not create an unreasonable risk of harm, theft, or destruction of the
resource or object, including individual organic or inorganic specimens; and
(2) disclosure is consistent with other applicable laws protecting the
resource or object.

In addition, Sec. 6309 of the Paleontological Resources Preservation Act
(2009) (16 USC 470aaa et seq), specifically addresses confidentiality with
the following language that applies to federal lands under the Secretary of
the Interior (excluding Indian land) and National Forest System land under
the Secretary of Agriculture:

Information concerning the nature and specific location of a
paleontological resource shall be exempt from disclosure under section 552
of title 5, United States Code, and any other law unless the Secretary
determines that disclosure would--

(1) further the purposes of this subtitle;
(2) not create risk of harm to or theft or destruction of the resource or
the site containing the resource; and
(3) be in accordance with other applicable laws.

Ann Hitchcock



On Wed, Mar 19, 2014 at 4:16 PM, Bentley, Andrew Charles <abentley at ku.edu>wrote:

>  Hi all
>
>
>
> We are in the process of publishing all KU collections data through IPT to
> publish to GBIF and other portals.  A question has arisen regarding the
> publishing of vertebrate paleontology data and an issue of publishing exact
> localities.  I am not a paleo person and so was wondering if anybody had
> any insights into this issue.  Are there any Federal regulations (in the
> BLM) or elsewhere that prohibit the publishing of locality data to the
> outside world?  What are other vert paleo collections doing when publishing
> data online?
>
>
>
> Any assistance would be greatly appreciated.
>
>
>
> Andy
>
>
>
>     A  :             A  :             A  :
>  }<(((_°>.,.,.,.}<(((_°>.,.,.,.}<)))_°>
>     V                V                V
> Andy Bentley
> Ichthyology Collection Manager
> University of Kansas
> Biodiversity Institute
>
> Dyche Hall
> 1345 Jayhawk Boulevard
> Lawrence, KS, 66045-7561
> USA
>
> Tel: (785) 864-3863
> Fax: (785) 864-5335
> Email: abentley at ku.edu
>
> http://ichthyology.biodiversity.ku.edu
>
>
>
> SPNHC President-Elect
>
> http://www.spnhc.org
>
>
>
>                            :                 :
>     A  :             A  :             A  :
>  }<(((_°>.,.,.,.}<(((_°>.,.,.,.}<)))_°>
>     V                V                V
>
>
>
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