(2) Item 6, Program-if the proposal is in response to a Proposal Solicitation or Request for Proposals, check item 21, and in Section IV add: "6c., Program Solicitation" (or Request for Proposals) and indicate the number and date of the NSF document which solicited or requested the proposal.

(3) Item 7, Title and Description of Applicant's Project-This project description is not a substitute for the scientific abstract required in NSF proposals. It should be worded so as to assist the clearinghouse(s) in determining which State or local governmental agency might be interested in the project, and to assist such agencies in determining whether or not the project might have a direct impact on their capacity building or other planning activities. It should indicate the basic project nature (e.g., basic or applied research, interchange of scientific information, etc.) and its objectives.

(4) Item 11-Estimated Number of Persons Benefitting-unless the project is jurisdiction specific, and its expected results are anticipated to directly affect persons within that jurisdiction, indicate "N.A." (not applicable).

(5) Item 13-Proposed Funding-In most science projects supported by NSF, the only cost-sharing requirement is that the grantee must share in the costs of a project, not solicited by NSF, in more than a token amount, as defined in the NSF Grant Administration Manual. Therefore, unless there are specific plans for significant funding commitments from the types of agencies or organizations listed in b. through e., those entries should be marked "N.A." (not applicable).

(6) Item 22 a, Applicant Certification-In lieu of the assurances contained in Part V of Exhibit M-3 to FMC 74-7, the "attached assurances" for NSF purposes are:

"On behalf of the applicant agency, institution, or organization I certify that the project described above is consistent with its policies and goals and that submission of this proposal is in accordance with its procedures and pursuant to appropriate authority. On behalf of the organization designated as the intended recipient of the requested Federal funding, I certify that

it has legal authority to accept grants or contracts and the requisite policies, procedures, and personnel to ensure stewardship of Federal funds as outlined in the NSF Grant Administration Manual."

"In the event that NSF agrees to provide financial support of the project substantially as requested in the attached proposed budget or such modifications thereof as may be mutually agreed, I affirm that the applicant agency, institution, or organization will:

(i) Make available the necessary facilities, equipment, services, and personnel to conduct the project substantially as outlined in the attached proposal or such modifications thereof as may be mutually agreed;

(ii) Conduct such project oversight as may be appropriate, manage the Federal funding with probity and prudence, and comply with the terms and conditions of the NSF grant or contract; and

(iii) Comply with applicable laws and regulations."

"In submitting this proposal, I further affirm that the 'Assurance of Compliance with National Science Foundation Regulations under Title VI of the Civil Rights Act of 1964,' previously executed, is fully applicable to the project."

(d) In accordance with subparagraph 6(b) of A-95, any formal proposal for support of a project under a covered program, not accompanied by evidence of compliance with the consultation and review procedures and an SAI number, will be returned to the proposing institution or organization for compliance with such procedures.

§ 660.7 NSF consideration of clearinghouse comments.

(a) The NSF Program Officer who makes the staff evaluation of the proposal will consider any comments submitted by or through clearinghouses. However, since the subject matter of clearinghouse comments and recommendations, prescribed by paragraph 5 of OMB Circular A-95, does not involve the NSF criteria for the selection of research projects (appearing at 39 FR 42954), copies of such clearing

changes which differ from those recommended by the clearinghouse, a brief explanation for the clearinghouse will be prepared as required by subparagraph 6d of A-95, for attachment to the SF 424.

(c) In some cases, a clearinghouse may recommend against approval of a project because it appears to conflict with or duplicate another Federal or federally assisted project. In that event, the Program Officer will consult with the agency assisting the referenced project, as required by subparagraph 6e of A-95, prior to recommending an award. If the Program is covered by A-95, such consultation will be indicated in Section IV of SF 424.

(d) In some cases, clearinghouse comments may indicate that a unit of general local government, having jurisdiction over the area in which a project is to be performed by a special purpose unit of local government, has submitted or plans to submit a proposal for the same or a similar type of project. Although NSF administers no programs of grants-in-aid which are subject to the provisions of Section 402 of the Intergovernmental Cooperation Act of 1968 or of subparagraph 6f of A-95 (favoring units of general local government) the Program Officer shall consider the merits of each of the two proposals prior to recommending final action on that from the special purpose unit of local government.

(e) When action is recommended on a proposal, the Program Office in a covered Program will complete those portions of Section III of SF 424, submitted with the proposal, which identify the Program, and indicate whether or not remarks have been added. Other Program Offices may file the externally initiated SF 424 or comparable State form in the proposal jacket without further action. (During the

transition period between the effective date of this part and the time at which proposals accompanied by externally initiated SF 424 reach the action stage, the Program Officer will initiate the SF 424, completing sufficient portions of Section I to provide the types of identifying information formerly furnished in Standard Form 240, plus programmatic portions of Section III.)

§ 660.8 Notification to clearinghouses of action taken-SF 424.

In accordance with subparagraph 6c of A-95 the following notification actions will be taken:

(a) If a proposal for support under a covered program is withdrawn or declined, the Program Officer shall complete additional appropriate entries in Section III and mail the completed form(s) to the clearinghouse(s) listed in Section II within seven working days after receipt of the withdrawal request or simultaneously with dispatch of the declination letter, as appropriate.

(b) If the Program Officer recommends that an award be made, the SF 424 and related documents shall be sent to the Division of Grants and Contracts as part of the recommended award package, for completion and dispatch. However, since the amounts of funding, if any, to be contributed by the proposing institution or organization, the State or local government, or other source are not required in proposals to most NSF programs and would not normally be known to NSF except through the proposed funding entries in Section I, the funding contributions by other than the Federal government will not be shown in Section III. Following signature of the grant or contract, the action date will be stamped on the form at the same time that the award is dated and copies will be dispatched to each of the clearinghouses listed in Section II simultaneously with dispatch of the award instrument to the grantee or contractor.

§ 660.9 Supplemental reporting of award

information.

In furtherance of the TC 1082 supplemental reporting requirement, NSF

will continue to provide to each SCIRA a Statewide Award Report which provides aggregated information on each project award made by NSF during the previous quarter to any agency of State or local government, any academic institution, or any other non-profit organization or commercial firm within the State. The report includes information on all such awards, including those separately reported to clearinghouses in accordance with A-95 requirements.

It contains most of the essential data elements contained in SF 424. However, since the SAI number is not a standard NSF data element, it is contained only in the SF 424 furnished to clearinghouses in accordance with § 660.8 of this part.

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

(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 certain sites of special scientific interest.

(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 of this part, except as provided in §§ 670.7 and 670.8.

(g) Violation of regulations. It is unlawful for any United States citizen wherever located or any foreign person while within the United States to violate the regulations set forth in this Part.

(h) Violation of permit conditions. It is unlawful for any permit holder, whether or not a United States citizen, to violate any term or condition of any permit issued under Subpart C of this Part.

§ 670.5 Exceptions in extraordinary circumstances.

(a) Human life. No act described in § 670.4 shall be unlawful if committed under emergency circumstances to prevent the loss of human life.

(b) Aiding or salvaging native mammals or native birds. The prohibition on taking shall not apply to taking native mammals or native birds if such action is necessary to:

(1) Aid a sick, injured, or orphaned specimen;

(2) Dispose of a dead specimen; or (3) Salvage a dead specimen which may be useful for scientific study.

(c) Reporting. Any actions taken under the exceptions in this section shall be reported promptly to the Director.

§ 670.6 Prior possession exception.

(a) Exception. Section 670.4 shall not apply to (1) any native mammal, bird or plant which is held in captivity on or before October 28, 1978, or (2) any offspring of any such mammal, bird, or plant.

(b) Presumption. With respect to any prohibited act set forth in § 670.4 which occurs after April 29, 1979, the Act creates a rebuttable presumption that the native mammal, native bird, or native plant involved in such act was not held in captivity on or before October 28, 1978, or was not an offspring referred to in paragraph (a) of this section.

§ 670.7 Food exception.

Paragraph (f) of § 670.4 shall not apply to the introduction of animals and plants into Antarctica for use as food so long as animals and plants used for this purpose are kept under