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(1) shall, to the extent practicable, establish and implement alter-
natives (including adaptive use) for historic property that is not needed 
for current or projected agency purposes; and 
(2) may lease historic property owned by the agency to any person 
or organization, or exchange any property owned by the agency with 
comparable historic property, if the agency head determines that the 
lease or exchange will adequately ensure the preservation of the historic 
property. 
(b) PROCEEDS OF LEASE.—Notwithstanding any other provision of law, 
the proceeds of a lease under subsection (a) may be retained by the agency 
entering into the lease and used to defray the costs of administration, main-
tenance, repair, and related expenses incurred by the agency with respect 
to that property or other property that is on the National Register that is 
owned by, or are under the jurisdiction or control of, the agency. Any sur-
plus proceeds from the leases shall be deposited in the Treasury at the end 
of the 2d fiscal year following the fiscal year in which the proceeds are re-
ceived. 
§ 306122. Contracts for management of historic property 
The head of any Federal agency having responsibility for the management 
of any historic property may, after consultation with the Council, enter into 
a contract for the management of the property. The contract shall contain 
terms and conditions that the head of the agency considers necessary or ap-
propriate to protect the interests of the United States and ensure adequate 
preservation of the historic property. 
Subchapter III—Protection and 
Preservation of Resources 
§ 306131. Standards and guidelines 
(a) STANDARDS.— 
(1) IN GENERAL.—Each Federal agency that is responsible for the 
protection of historic property (including archeological property) pursu-
ant to this division or any other law shall ensure that— 
(A) all actions taken by employees or contractors of the agency 
meet professional standards under regulations developed by the 
Secretary in consultation with the Council, other affected agencies, 
and the appropriate professional societies of archeology, architec-
ture, conservation, history, landscape architecture, and planning; 
(B) agency personnel or contractors responsible for historic 
property meet qualification standards established by the Office of 
Personnel Management in consultation with the Secretary and ap-
propriate professional societies of archeology, architecture, con-
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servation, curation, history, landscape architecture, and planning; 
and 
(C) records and other data, including data produced by histor-
ical research and archeological surveys and excavations, are per-
manently 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 
preservation of historic property and shall be equivalent requirements 
for the disciplines 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 eligi-
ble 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 Pro-
tection and Repatriation Act (25 U.S.C. 3001)) and of property of reli-
gious or cultural importance to Indian tribes, Native Hawaiian organi-
zations, or other Native American groups; and 
(4) encourage owners that are undertaking archeological excavations 
to— 
(A) conduct excavations and analyses that meet standards for 
federally-sponsored excavations established by the Secretary; 
(B) donate or lend artifacts of research significance to an ap-
propriate 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 sec-
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tion 3(a)(2) of the Native American Graves Protection and Repa-
triation 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 
historic 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 Con-
vention in cooperation with the Secretary of State, the Smithsonian Institu-
tion, and the Council. Whenever possible, expenditures incurred in carrying 
out activities in cooperation with other nations and international organiza-
tions 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 pre-
viously been determined to be of national significance. Each nomination 
shall include evidence of such legal protections as may be necessary to en-
sure preservation of the property and its environment (including restrictive 
covenants, easements, or other forms of protection). Before making any 
nomination, the Secretary shall notify the Committee on Natural Resources 
of the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate. 
(d) NOMINATION OF NON-FEDERAL PROPERTY TO WORLD HERITAGE 
COMMITTEE REQUIRES WRITTEN CONCURRENCE
OF OWNER.—No non- 
Federal property may be nominated by the Secretary to the World Heritage 
Committee for inclusion on the World Heritage List unless the owner of the 
property 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 
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adversely affect a property that is on the World Heritage List or on the 
applicable country’s equivalent of the National Register, the head of a Fed-
eral 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 
Secretary 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 contin-
uous 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 transmitted 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 
Congress after the date of promulgation of a regulation, no committee of 
either House of Congress has reported or been discharged from further con-
sideration of a concurrent resolution disapproving the regulation, and nei-
ther 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 regula-
tion may go into effect not sooner than 90 calendar days of continuous ses-
sion 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 
adjournment of more than 3 days to a day certain are excluded in the 
computation of 60 and 90 calendar days of continuous session of Con-
gress. 
(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 
expression of approval of the regulation. 
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