163 
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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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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