CITE

    16 USC Sec. 470w-6                                          01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1A - HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
    SUBCHAPTER II - NATIONAL HISTORIC PRESERVATION
    Part C - General and Miscellaneous

HEAD

    Sec. 470w-6. Effective date of regulations

STATUTE

    (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.

SOURCE

    (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".