164 
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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§ 307103. Access to information 
(a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head of a Fed-
eral agency, or other public official receiving grant assistance pursuant to 
this division, after consultation with the Secretary, shall withhold from dis-
closure to the public information about the location, character, or ownership 
of a historic property if the Secretary and the agency determine that disclo-
sure 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 information 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, Su-
preme 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 reason-
able. 
§ 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 pursu-
ant to this division, except to the extent that appropriations legislation ex-
pressly provides otherwise. 
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166 
§ 307107. Donations and bequests of money, personal prop-
erty, and less than fee interests in historic prop-
erty 
(a) MONEY AND PERSONAL PROPERTY.—The Secretary may accept dona-
tions and bequests of money and personal property for the purposes of this 
division and shall hold, use, expend, and administer the money and personal 
property for those purposes. 
(b) LESS THAN FEE INTEREST IN HISTORIC PROPERTY.—The Secretary 
may accept gifts or donations of less than fee interests in any historic prop-
erty where the acceptance of an interest will facilitate the conservation or 
preservation of the historic property. Nothing in this section or in any provi-
sion of this division shall be construed to affect or impair any other author-
ity of the Secretary under other provision of law to accept or acquire any 
property for conservation or preservation or for any other purpose. 
§ 307108. Privately donated funds 
(a) PROJECTS FOR WHICH FUNDS MAY BE USED.—In furtherance of the 
purposes of this division, the Secretary may accept the donation of funds 
that may be expended by the Secretary for projects to acquire, restore, pre-
serve, or recover data from any property included on the National Register, 
as long as the project is owned by a State, any unit of local government, 
or any nonprofit entity. 
(b) CONSIDERATION
OF
FACTORS
RESPECTING
EXPENDITURE
OF 
FUNDS.— 
(1) IN GENERAL.—In expending the funds, the Secretary shall give 
due consideration to— 
(A) the national significance of the project; 
(B) its historical value to the community; 
(C) the imminence of its destruction or loss; and 
(D) the expressed intentions of the donor. 
(2) FUNDS AVAILABLE WITHOUT REGARD TO MATCHING REQUIRE-
MENTS.—Funds expended under this subsection shall be made available 
without regard to the matching requirements established by sections 
302901 and 302902(b) of this title, but the recipient of the funds shall 
be permitted to utilize them to match any grants from the Historic 
Preservation Fund. 
(c) TRANSFER OF UNOBLIGATED FUNDS.—The Secretary may transfer 
unobligated funds previously donated to the Secretary for the purposes of 
the Service, with the consent of the donor, and any funds so transferred 
shall be used or expended in accordance with this division. 
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Division B—Organizations and Programs 
Subdivision 1—Administered by National 
Park Service 
Chapter 3081—American Battlefield 
Protection Program 
Sec. 
308101.
Definition. 
308102.
Preservation assistance. 
308103.
Battlefield acquisition grant program. 
§ 308101. Definition 
In this chapter, the term ‘‘Secretary’’ means the Secretary, acting 
through the American Battlefield Protection Program. 
§ 308102. Preservation assistance 
(a) IN GENERAL.—Using the established national historic preservation 
program to the extent practicable, the Secretary shall encourage, support, 
assist, recognize, and work in partnership with citizens, Federal, State, 
local, and tribal governments, other public entities, educational institutions, 
and private nonprofit organizations in identifying, researching, evaluating, 
interpreting, and protecting historic battlefields and associated sites on a 
national, State, and local level. 
(b) FINANCIAL ASSISTANCE.—To carry out subsection (a), the Secretary 
may use a cooperative agreement, grant, contract, or other generally adopt-
ed means of providing financial assistance. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap-
propriated to carry out this section $3,000,000 for each fiscal year, to re-
main available until expended. 
§ 308103. Battlefield acquisition grant program 
(a) DEFINITION.—In this section, the term ‘‘eligible site’’ means a site— 
(1) that is not within the exterior boundaries of a System unit; and 
(2) that is identified in the document entitled ‘‘Report on the Na-
tion’s Civil War Battlefields’’, prepared by the Civil War Sites Advisory 
Commission, and dated July 1993. 
(b) ESTABLISHMENT.—The Secretary shall establish a battlefield acquisi-
tion grant program under which the Secretary may provide grants to State 
and local governments to pay the Federal share of the cost of acquiring in-
terests in eligible sites for the preservation and protection of those eligible 
sites. 
(c) NONPROFIT PARTNERS.—A State or local government may acquire an 
interest in an eligible site using a grant under this section in partnership 
with a nonprofit organization. 
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