(b) These regulations are intended to foster an intergovermental partnership and a strengthened Federalism by relying on state processes and on state, areawide, regional and local coordination for review of proposed Federal financial assistance and direct Federal development. (c) These regulations are intended to aid the internal management of the Foundation, and are not intended to create any right or benefit enforceable at law by a party against the Foundation or its officers. § 660.2 What definitions apply to these regulations? "Foundation" means the National Science Foundation. "Order" means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983 and titled "Intergovernmental Review of Federal Programs." "Director" means the Director of the National Science Foundation or an official or employee of the Foundation acting for the Director under a delegation of authority. "State" means any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin Islands, or the Trust Territory of the Pacific Islands. § 660.3 What programs and activities of the Foundation are subject to these regulations? The Director publishes in the FEDERAL REGISTER a list of the Foundation's programs and activities that are subject to these regulations. § 660.4 [Reserved] § 660.5 What is the Director's obligation with respect to Federal interagency coordination? The Director, to the extent practicable, consults with and seeks advice from all other substantially affected Federal departments and agencies in an effort to assure full coordination between such agencies and the Foundation regarding programs and activities covered under these regulations. § 660.6 What procedures apply to the selection of programs and activities under these regulations? (a) A state may select any program or activity published in the FEDERAL REGISTER in accordance with § 660.3 of this part for intergovernmental review under these regulations. Each state, before selecting programs and activities, shall consult with local elected officials. (b) Each state that adopts a process shall notify the Director of the Foundation's programs and activities selected for that process. (c) A state may notify the Director of changes in its selections at any time. For each change, the state shall submit to the Director an assurance that the state has consulted with elected local elected officials regarding the change. The Foundation may establish deadlines by which states are required to inform the Director of changes in their program selections. (d) The Director uses a state's process as soon as feasible, depending on individual programs and activities, after the Director is notified of its selections. § 660.7 How does the Director communicate with state and local officials concerning the Foundation's programs and activities? (a) For those programs and activities covered by a state process under § 660.6, the Director, to the extent permitted by law: (1) Uses the state process to determine views of state and local elected officials; and (2) Communicates with state and local elected officials, through the state process, as early in a program planning cycle as is reasonably feasible to explain specific plans and actions. (b) The Director provides notice to directly affected state, areawide, regional, and local entities in a state of proposed Federal financial assistance or direct Federal development if: (1) The state has not adopted a process under the Order; or (2) The assistance or development involves a program or activity not selected for the state process. This notice may be made by publication in the FEDERAL REGISTER or other appropriate means, which the Foundation in its discretion deems appropriate. § 660.8 How does the Director provide states an opportunity to comment on proposed Federal financial assistance and direct Federal development? (a) Except in unusual circumstances, the Director gives state processes or directly affected state, areawide, regional and local officials and entities: (1) At least 30 days from the date established by the Director to comment on proposed Federal financial assistance in covered programs (i.e., those referenced in § 660.3) in the form of continuation awards that are not peer reviewed; and (2) At least 60 days from the date established by the Director to comment on proposed direct Federal development or Federal financial assistance in covered programs (i.e., those referenced § 660.3) other than continuation awards that are not peer reviewed. (b) This section also applies to comments in cases in which the review, coordination, and communication with the Foundation have been delegated. § 660.9 How does the Director receive and respond to comments? (a) The Director follows the procedures in § 660.10 if: (1) A state office or official is designated to act as a single point of contact between a state process and all Federal agencies, and (2) That office or official transmits a state process recommendation for a program selected under § 660.6. (b)(1) The single point of contact is not obligated to transmit comments from state, areawide, regional or local officials and entities where there is no state process recommendation. (2) If a state process recommendation is transmitted by a single point of contact, all comments from state, areawide, regional, and local officials and entities that differ from it must also be transmitted. (c) If a state has not established a process, or is unable to submit a state process recommendation, state, areawide, regional and local officials and entities may submit comments either to the applicant or to the Foundation. (d) If a program or activity is not selected for a state process, state, areawide, regional and local officials and entities may submit comments either to the applicant or to the Foundation. In addition, if a state process recommendation for a nonselected program or activity is transmitted to the Foundation by the single point of contact, the Director follows the procedures of § 660.10 of this part. (e) The Director considers comments which do not constitute a state process recommendation submitted under these regulations and for which the Director is not required to apply the procedures of § 660.10 of this part, when such comments are provided by a single point of contact, by the applicant, or directly to the Foundation by a commenting party. § 660.10 How does the Director make efforts to accommodate intergovernmental concerns? (a) If a state process provides a state process recommendation to the Foundation through its single point of contact, the Director either: (1) Accepts the recommendation; (2) Reaches a mutually agreeable solution with the state process; or (3) Provides the single point of contact with a written explanation of the decision in such form as the Director in his or her discretion deems appropriate. The Director may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means. (b) In any explanation under paragraph (a)(3) of this section, the Director informs the single point of contact that: (1) The Foundation will not implement its decision for at least ten days after the single point of contact receives the explanation; or (2) The Director has reviewed the decision and determined that, because of unusual circumstances, the waiting period of at least ten days is not feasible. (c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification 5 days after the date of mailing of such notification. § 660.11 What are the Director's obligations in interstate situations? (a) The Director is responsible for: (1) Identifying proposed Federal financial assistance and direct Federal development that have an impact on interstate areas; (2) Notifying appropriate officials and entities in states which have adopted a process and which select the Foundation's program or activity. (3) Making efforts to identify and notify the affected state, areawide, regional, and local officials and entities in those states that have not adopted a process under the Order or do not select the Foundation's program or activity; (4) Responding pursuant to § 660.10 of this part if the Director receives a recommendation from a designated areawide agency transmitted by a single point of contact, in cases in which the review, coordination, and communication with the Foundation have been delegated. (b) The Director uses the procedures in § 660.10 if a state process provides a state process recommendation to the Foundation through a single point of contact. Sec. 670.5 Exceptions in extraordinary circum stances. 670.6 Prior possession exception. 670.7 Food exception. 670.8 Foreign permit exceptions. Subpart C-Permits 670.9 Applications for permits. 670.10 General issuance criteria. 670.11 Permit administration. 670.12 Conditions of permits. 670.13 Modification, suspension, and revocation. 670.14 [Reserved] Subpart D-Native Mammals and Native Birds 670.15 Specific issuance criteria. Subpart E-Specially Protected Species of 670.20 Specific issuance criteria. Subpart F-Native Plants 670.24 Specific issuance criteria. 670.25 Content of permit applications. 670.26 Designation of native plants. 670.27 [Reserved] Subpart G-Specially Protected Areas 670.28 Specific issuance criteria. 670.29 Content of permit applications. 670.30 Designation of specially protected areas. 670.31 [Reserved] Subpart H-Sites of Special Scientific Interest 670.32 Specific issuance criteria. 670.33 Content of permit applications. 670.34 Designation of sites of special scientific interest and management plans for those sites. 670.35 [Reserved] Subpart I—Import Into and Export From the United States 670.36 Specific issuance criteria for imports. 670.37 Specific issuance criteria for exports. 670.38 Contents of permit applications. 670.39 Entry and exit ports. 670.60 Informal settlement; consent agreement and order. 670.61 Prehearing conference. 670.62 Accelerated decision; decision to dismiss. 670.63 Scheduling the hearing. 670.64 Evidence. 670.65 Objections and offers of proof. 670.66 Burden of presentation; burden of persuasion. 670.67 Filing the transcript. 670.68 Proposed findings, conclusions, and order. 670.69 Initial decision. 670.70 Appeal from or review of interlocutory orders or rulings. 670.71 Appeal from or review of initial decision. 670.72 Final order on appeal. AUTHORITY: Sec. 11, Pub. L. 81-507, 64 Stat. 149 (42 U.S.C. 1870) as amended; Pub. L. 95-541, 92 Stat. 2048 (16 U.S.C. 2401). SOURCE: 44 FR 32699, June 7, 1979, unless otherwise noted. Subpart A-Introduction § 670.1 Purpose of regulations. The purpose of these regulations is to conserve and protect the native mammals, native birds and native plants of Antarctica and the ecosystem upon which they depend and to implement the Antarctic Conservation Act of 1978, Pub. L. 95-541. "Act" means the Antarctic Conservation Act of 1978, Pub. L. 95-541, 92 Stat. 2048 (16 U.S.C. 2401 et. seq.) "Agreed Measures" means the Agreed Measures for Conservation of Antarctic Fauna and Flora, as recommended for approval at the Third Antarctic Treaty Consultative Meeting, and as amended in accord with Article IX (1) of the Treaty. "Antarctica" means the area south of 60 degrees south latitude. "Collect" means to cut, sever, or move any native plant, or to attempt to engage in any such action. "Director" means the Director of the National Science Foundation, or an officer or employee of the Foundation designated by the Director. "Foreign person" means any individual who is a citizen or national of a foreign nation; any corporation, partnership, trust, association or other legal entity existing or organized under the laws of a foreign nation; any department, agency, or other instrumentality of any foreign nation and any office, employee, or agent of any such instrumentality. "Management plan" means the restrictions applicable to activities in Sites of Special Scientific Interest. "Native bird" means a member of any species of the class Aves, which is indigenous to Antarctica or occurs there through natural agencies of dispersal that is designated in Subpart D of this part. It includes any part, prod uct, egg, or offspring of or the dead body or parts thereof excluding fossils. "Native mammal" means a member of any species of the class Mammalia, except species regulated by the International Whaling Commission, which is indigenous to Antarctica or occurs there through natural agencies of dispersal that is designated in Subpart D of this part. It includes any part, product, egg, or offspirng of or the dead body or parts excluding fossils. "Native plant” means any kind of vegetation at any stage of its life cycle indigenous to Antarctica or occurring there through natural agencies of dispersal, including seeds but excluding fossils, that is designated in Subpart F of this part. "Site of Special Scientific Interest" means an area of unique value for scientific investigation designated in Subpart H of this part as needing protection from interference. "Specially Protected Area” means an area of outstanding scientific or ecological interest designated in Subpart C of this part. "Specially Protected Species" means any species of native mammal or native bird that is approved by the United States for special protection under the Agreed Measures and is designated in Subpart E of this part. "Take" means to remove, harass, molest, harm, pursue, hunt, shoot, wound, kill, trap, capture, restrain, or tag any native mammal or native bird, or to attempt to engage in such conduct. "Treaty" means the Antarctic Treaty signed in Washington, D.C., on December 1, 1959. "United States" means the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Terrritory of the Pacific Islands, including the Government of the Northern Mariana Islands. "United States citizen" means any individual who is a citizen or national of the United States; any corporation, partnership, trust, association, or other legal entity existing or organized under the laws of any of the United States; any department, agency, or other instrumentality of the Federal Government or of any State; and any officer, employee, or agent of any such entity or instrumentality. Subpart B-Prohibited Acts, 8 670.4 Prohibited acts. Unless a permit has been issued pursuant to Subpart C of this part or unless one of the exceptions stated in §§ 670.5 through 670.8 is applicable, it is unlawful to commit, attempt to commit, or cause to be committed any of the acts described in paragraphs (a) through (h) of this section. (a) Taking any native mammal or native bird. It is unlawful for any United States citizen to take within Antarctica any native mammal or native bird. (b) Collecting native plants. It is unlawful for any United States citizen to collect a native plant in a specially protected area. (c) Entry into designated area. It is unlawful for any United States citizen to enter any specially protected area or to enter sites of special scientific interest, except sites of special scientific interest for which section 670.34 states no permit is required. (d) Possession and transfer of native mammals, plants or birds. It is unlawful for any United States citizen wherever located or any foreign person while within the United States to possess, sell, offer for sale, deliver, receive, carry, transport, or ship by any means whatever any native plant collected in a specially protected area, or any native mammal or native bird taken in Antarctica. (e) Import into or export from the United States. It is unlawful for any United States citizen wherever located or any foreign person while within the United States to import into the United States or export from the United States any native mammal or native bird or any native plant collected in a specially protected area. (f) Introduction of non-indigenous animals and plants into Antarctica. It is unlawful for any United States citizen to introduce into Antarctica any animal or plant that is not indigenous to Antarctica as specified in Subpart J |