Page:United States Statutes at Large Volume 96 Part 2.djvu/1096

 96 STAT. 2458

PUBLIC LAW 97-451—JAN. 12, 1983

terms and conditions as the Secretary deems appropriate and consistent with the purposes of this Act, including, but not limited to, a limitation on the use of Federal assistance to those costs which are directly required to carry out the agreed upon activities. INFORMATION Trade secrets and proprietary and confidential information, availability.

30 USC 1733.

Liability for wrongful disclosure.

SEC. 203. (a) 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 Act 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 204; 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) 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 Act. (c) 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 205, 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 Act may be required to disclose such information under State law. ?. STATE SUITS UNDER FEDERAL LAW

30 USC 1734.

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SEC. 204. (a)(1) A State may commence a civil action under this section against any person to recover any royalty, interest, or civil penalty which the State believes is due, based upon credible evidence, with respect to any oil and gas lease on Federal lands located within the State. (2)(A) No action may be commenced under paragraph (1) prior to 90 days after the State has given notice in writing to the Secretary of the payment required. Such 90-day limitation may be waived by the Secretary on a case-by-case basis. (B) If, within the 90-day period specified in subparagraph (A), the Secretary issues a demand for the payment concerned, no action may be commenced under paragraph (1) with respect to such payment during a 45-day period after issuance of such demand. If,

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