
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC470w-6]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
              SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION
 
                    Part C--General and Miscellaneous
 
Sec. 470w-6. Effective date of regulations


(a) Effective date of final regulations

    No final regulation of the Secretary shall become effective prior to 
the expiration of thirty 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 ninety 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 transmitted to Congress on         ,'' the 
blank spaces therein being appropriately filled.

(c) Failure of Congress to adopt resolution of disapproval of regulation

    If at the end of sixty 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 
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 such sixty calendar days, such a 
committee has reported or been discharged from further consideration of 
such a resolution, the regulation may go into effect not sooner than 
ninety calendar days of continuous session of Congress after its 
promulgation unless disapproved as provided for.

(d) Sessions of Congress

    For the 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 three days to a day certain are excluded 
    in the computation of sixty and ninety calendar days of continuous 
    session of Congress.

(e) Congressional inaction or rejection of resolution of disapproval not 
        deemed approval of regulation

    Congressional inaction on or rejection of a resolution of 
disapproval shall not be deemed an expression of approval of such 
regulation.

(Pub. L. 89-665, title III, Sec. 307, as added Pub. L. 96-515, title V, 
Sec. 501, Dec. 12, 1980, 94 Stat. 3004; amended Pub. L. 103-437, 
Sec. 6(d)(29), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104-333, div. I, 
title VIII, Sec. 814(d)(1)(O), (2)(E), Nov. 12, 1996, 110 Stat. 4196; 
Pub. L. 106-176, title I, Sec. 120(a)(2), Mar. 10, 2000, 114 Stat. 28; 
Pub. L. 106-208, Sec. 5(a)(11)-(13), May 26, 2000, 114 Stat. 319.)


                               Amendments

    2000--Subsec. (a). Pub. L. 106-208, Sec. 5(a)(11), substituted ``No 
final regulation'' for ``Except as provided in subsection (b) of this 
section, no final regulation''.
    Pub. L. 106-176 made technical correction to directory language of 
Pub. L. 104-333, Sec. 814(d)(2)(E). See 1996 Amendment note below.
    Subsec. (b). Pub. L. 106-208, Sec. 5(a)(13), redesignated subsec. 
(c) as (b).
    Subsec.(c). Pub. L. 106-208, Sec. 5(a)(13), redesignated subsec. (d) 
as (c). Former subsec. (c) redesignated (b).
    Pub. L. 106-208, Sec. 5(a)(12), which directed the amendment of 
subsec. (c) by substituting ``The regulation'' for ``Except as provided 
in subsection (b) of this section, the regulation'', was executed by 
making the substitution for text that did not include the phrase ``of 
this section''.
    Subsecs. (d) to (f). Pub. L. 106-208, Sec. 5(a)(13), redesignated 
subsecs. (d) to (f) as (c) to (e), respectively.
    1996--Subsec. (a). Pub. L. 104-333, Sec. 814(d)(2)(E), as amended by 
Pub. L. 106-176, struck out first two sentences which read as follows: 
``At least thirty days prior to publishing in the Federal Register any 
proposed regulation required by this subchapter, the Secretary shall 
transmit a copy of the regulation to the Committee on Natural Resources 
of the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate. The Secretary also shall transmit to such 
committees a copy of any final regulation prior to its publication in 
the Federal Register.''
    Subsec. (b). Pub. L. 104-333, Sec. 814(d)(1)(O), struck out subsec. 
(b) which read as follows: ``In the case of an emergency, a final 
regulation of the Secretary may become effective without regard to the 
last sentence of subsection (a) of this section if the Secretary 
notified in writing the Committee on Natural Resources of the United 
States House of Representatives and the Committee on Energy and Natural 
Resources of the United States Senate setting forth the reasons why it 
is necessary to make the regulation effective prior to the expiration of 
the thirty-day period.''
    1994--Subsecs. (a), (b). Pub. L. 103-437 substituted ``Natural 
Resources'' for ``Interior and Insular Affairs'' after ``Committee on''.
