159 
retary in consultation with the Council, other affected agencies, and 
the appropriate professional societies of archeology, architecture, 
conservation, history, landscape architecture, and planning; 
(B) agency personnel or contractors responsible for historic prop-
erty meet qualification standards established by the Office of Per-
sonnel Management in consultation with the Secretary and appro-
priate professional societies of archeology, architecture, conservation, 
curation, history, landscape architecture, and planning; and 
(C) records and other data, including data produced by historical 
research and archeological surveys and excavations, are perma-
nently maintained in appropriate databases and made available to 
potential users pursuant to such regulations as the Secretary shall 
promulgate. 
(2) CONSIDERATIONS.—The standards referred to in paragraph (1)(B) 
shall consider the particular skills and expertise needed for the preserva-
tion of historic property and shall be equivalent requirements for the dis-
ciplines involved. 
(3) REVISION.—The Office of Management and Budget shall revise 
qualification standards for the disciplines involved. 
(b) GUIDELINES.—To promote the preservation of historic property eligible 
for listing on the National Register, the Secretary shall, in consultation with 
the Council, promulgate guidelines to ensure that Federal, State, and tribal 
historic preservation programs subject to this division include plans to— 
(1) provide information to the owners of historic property (including 
architectural, curatorial, and archeological property) with demonstrated 
or likely research significance, about the need for protection of the his-
toric property, and the available means of protection; 
(2) encourage owners to preserve historic property intact and in place 
and offer the owners of historic property information on the tax and 
grant assistance available for the donation of the historic property or of 
a preservation easement of the historic property; 
(3) encourage the protection of Native American cultural items (within 
the meaning of section 2 of the Native American Graves Protection and 
Repatriation Act (25 U.S.C. 3001)) and of property of religious or cul-
tural importance to Indian tribes, Native Hawaiian organizations, or 
other Native American groups; and 
(4) encourage owners that are undertaking archeological excavations 
to— 
(A) conduct excavations and analyses that meet standards for fed-
erally-sponsored excavations established by the Secretary; 
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(B) donate or lend artifacts of research significance to an appro-
priate research institution; 
(C) allow access to artifacts for research purposes; and 
(D) prior to excavating or disposing of a Native American cul-
tural item in which an Indian tribe or Native Hawaiian organiza-
tion may have an interest under subparagraph (B) or (C) of section 
3(a)(2) of the Native American Graves Protection and Repatriation 
Act (25 U.S.C. 3002(a)(2)(B), (C)), give notice to and consult with 
the Indian tribe or Native Hawaiian organization. 
Subdivision 6—Miscellaneous 
Chapter 3071—Miscellaneous 
Sec. 
307101.
World Heritage Convention. 
307102.
Effective date of regulations. 
307103.
Access to information. 
307104.
Inapplicability of division to White House, Supreme Court building, or United States 
Capitol. 
307105.
Attorney’s fees and costs to prevailing parties in civil actions. 
307106.
Authorization for expenditure of appropriated funds. 
307107.
Donations and bequests of money, personal property, and less than fee interests in his-
toric property. 
307108.
Privately donated funds. 
§ 307101. World Heritage Convention 
(a) AUTHORITY OF SECRETARY.—In carrying out this section, the Sec-
retary of the Interior may act directly or through an appropriate officer in 
the Department of the Interior. 
(b) PARTICIPATION BY UNITED STATES.—The Secretary shall direct and 
coordinate participation by the United States in the World Heritage Conven-
tion in cooperation with the Secretary of State, the Smithsonian Institution, 
and the Council. Whenever possible, expenditures incurred in carrying out ac-
tivities in cooperation with other nations and international organizations 
shall be paid for in such excess currency of the country or area where the 
expense is incurred as may be available to the United States. 
(c) NOMINATION OF PROPERTY TO WORLD HERITAGE COMMITTEE.—The 
Secretary shall periodically nominate property that the Secretary determines 
is of international significance to the World Heritage Committee on behalf of 
the United States. No property may be nominated unless it has previously 
been determined to be of national significance. Each nomination shall include 
evidence of such legal protections as may be necessary to ensure preservation 
of the property and its environment (including restrictive covenants, ease-
ments, or other forms of protection). Before making any nomination, the Sec-
retary shall notify the Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Natural Resources of the Sen-
ate. 
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161 
(d) NOMINATION OF NON-FEDERAL PROPERTY TO WORLD HERITAGE COM-
MITTEE REQUIRES WRITTEN CONCURRENCE OF OWNER.—No non-Federal 
property may be nominated by the Secretary to the World Heritage Com-
mittee for inclusion on the World Heritage List unless the owner of the prop-
erty concurs in the nomination in writing. 
(e) CONSIDERATION OF UNDERTAKING ON PROPERTY.—Prior to the ap-
proval of any undertaking outside the United States that may directly and 
adversely affect a property that is on the World Heritage List or on the appli-
cable country’s equivalent of the National Register, the head of a Federal 
agency having direct or indirect jurisdiction over the undertaking shall take 
into account the effect of the undertaking on the property for purposes of 
avoiding or mitigating any adverse effect. 
§ 307102. Effective date of regulations 
(a) PUBLICATION IN FEDERAL REGISTER.—No final regulation of the Sec-
retary shall become effective prior to the expiration of 30 calendar days after 
it is published in the Federal Register during which either or both Houses 
of Congress are in session. 
(b) DISAPPROVAL OF REGULATION BY RESOLUTION OF CONGRESS.—The 
regulation shall not become effective if, within 90 calendar days of continuous 
session of Congress after the date of promulgation, both Houses of Congress 
adopt a concurrent resolution, the matter after the resolving clause of which 
is as follows: ‘‘That Congress disapproves the regulation promulgated by the 
Secretary dealing with the matter of 
, which regulation was trans-
mitted to Congress on 
, ’’ the blank spaces in the resolution being 
appropriately filled. 
(c) FAILURE OF CONGRESS TO ADOPT RESOLUTION OF DISAPPROVAL OF 
REGULATION.—If at the end of 60 calendar days of continuous session of Con-
gress after the date of promulgation of a regulation, no committee of either 
House of Congress has reported or been discharged from further consideration 
of a concurrent resolution disapproving the regulation, and neither House has 
adopted such a resolution, the regulation may go into effect immediately. If, 
within the 60 calendar days, a committee has reported or been discharged 
from further consideration of such a resolution, the regulation may go into 
effect not sooner than 90 calendar days of continuous session of Congress after 
its promulgation unless disapproved as provided for. 
(d) SESSIONS OF CONGRESS.—For purposes of this section— 
(1) continuity of session is broken only by an adjournment sine die; 
and 
(2) the days on which either House is not in session because of an ad-
journment of more than 3 days to a day certain are excluded in the com-
putation of 60 and 90 calendar days of continuous session of Congress. 
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162 
(e) CONGRESSIONAL INACTION OR REJECTION OF RESOLUTION OF DIS-
APPROVAL NOT DEEMED APPROVAL OF REGULATION.—Congressional inac-
tion on or rejection of a resolution of disapproval shall not be deemed an ex-
pression of approval of the regulation. 
§ 307103. Access to information 
(a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head of a Federal 
agency, or other public official receiving grant assistance pursuant to this di-
vision, after consultation with the Secretary, shall withhold from disclosure 
to the public information about the location, character, or ownership of a his-
toric property if the Secretary and the agency determine that disclosure 
may— 
(1) cause a significant invasion of privacy; 
(2) risk harm to the historic property; or 
(3) impede the use of a traditional religious site by practitioners. 
(b) ACCESS DETERMINATION.—When the head of a Federal agency or other 
public official determines that information should be withheld from the public 
pursuant to subsection (a), the Secretary, in consultation with the Federal 
agency head or official, shall determine who may have access to the informa-
tion for the purpose of carrying out this division. 
(c) CONSULTATION WITH COUNCIL.—When information described in sub-
section (a) has been developed in the course of an agency’s compliance with 
section 306107 or 306108 of this title, the Secretary shall consult with the 
Council in reaching determinations under subsections (a) and (b). 
§ 307104. Inapplicability of division to White House, Supreme 
Court building, or United States Capitol 
Nothing in this division applies to the White House and its grounds, the 
Supreme Court building and its grounds, or the United States Capitol and 
its related buildings and grounds. 
§ 307105. Attorney’s fees and costs to prevailing parties in 
civil actions 
In any civil action brought in any United States district court by any in-
terested person to enforce this division, if the person substantially prevails in 
the action, the court may award attorney’s fees, expert witness fees, and other 
costs of participating in the civil action, as the court considers reasonable. 
§ 307106. Authorization for expenditure of appropriated 
funds 
Where appropriate, each Federal agency may expend funds appropriated 
for its authorized programs for the purposes of activities carried out pursuant 
to this division, except to the extent that appropriations legislation expressly 
provides otherwise. 
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