[Code of Federal Regulations]
[Title 45, Volume 3, Parts 500 to 1199]
[Revised as of October 1, 1996]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR660]

[Page 182-185]

                        TITLE 45--PUBLIC WELFARE

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

PART 660--INTERGOVERNMENTAL REVIEW OF THE NATIONAL SCIENCE FOUNDATION PROGRAMS AND ACTIVITIES

Sec.
660.1  What is the purpose of these regulations?
660.2  What definitions apply to these regulations?
660.3  What programs and activities of the Foundation are subject to
          these regulations?
660.4  [Reserved]
660.5  What is the Director's obligation with respect to Federal
          interagency coordination?
660.6  What procedures apply to the selection of programs and activities
          under these regulations?
660.7  How does the Director communicate with state and local officials
          concerning the Foundation's programs and activities?
660.8  How does the Director provide states an opportunity to comment on
          proposed Federal financial assistance and direct Federal
          development?
660.9  How does the Director receive and respond to comments?
660.10  How does the Director make efforts to accommodate
          intergovernmental concerns?
660.11  What are the Director's obligations in interstate situations?
660.12  [Reserved]
660.13  May the Director waive any provision of these regulations?

    Authority: E.O. 12372, July 14, 1982 (47 FR 30959), as amended Apr.
8, 1983 (48 FR 15887); and sec. 401 of the Intergovernmental Cooperation
Act of 1968 and as amended (31 U.S.C. 6506).

    Source: 48 FR 29365, June 24, 1983, unless otherwise noted.

Sec. 660.1  What is the purpose of these regulations?

    (a) The regulations in this part implement Executive Order 12372,
``Intergovernmental Review of Federal Programs,'' issued July 14, 1982
and amended on April 8, 1983. These regulations also implement
applicable provisions of section 401 of the Intergovermental Cooperation
Act of 1968.
    (b) These regulations are intended to foster an intergovermental
partnership and a strengthened Federalism by relying on state processes
and on state,

[[Page 183]]

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.

Sec. 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.

Sec. 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.
Sec. 660.4  [Reserved]

Sec. 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.

Sec. 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 Sec. 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.

Sec. 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 Sec. 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.

[[Page 184]]

Sec. 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 Sec. 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 Sec. 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.

Sec. 660.9  How does the Director receive and respond to comments?

    (a) The Director follows the procedures in Sec. 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 Sec. 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 Sec. 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 Sec. 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.

Sec. 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.

[[Page 185]]

Sec. 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 Sec. 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 Sec. 660.10 if a state
process provides a state process recommendation to the Foundation
through a single point of contact.
Sec. 660.12  [Reserved]

Sec. 660.13  May the Director waive any provision of these regulations?

    In an emergency, the Director may waive any provision of these
regulations.