37.2—Definitions.
The following definitions are applicable to the sections of this part.
(a)
Act means section 1002 of the Alaska National Interest Lands Conservation Act, 94 Stat. 2449, as amended by section 110 of Pub. L. 97-394, 96 Stat. 1982, 16 U.S.C. 3142.
(b)
Adequate protective cover means snow or a frostline, or both, sufficient to protect the vegetation and soil from significant adverse effects due to the operation of surface equipment, as determined by the Regional Director.
(c)
Coastal lagoons means the waters and submerged lands between the mainland and the offshore barrier islands that lie between Brownlow Point and the Aichilik River within the coastal plain.
(d)
Coastal plain means that area shown on the map entitled “Arctic National Wildlife Refuge”, dated August 1980, and legally described in appendix I of this part.
(e)
Cultural resource means any district, site, building, structure, or object significant in American history, architecture, archeology, engineering or culture, as determined in accordance with 36 CFR 60.6.
(g)
Director means the Director of the U.S. Fish and Wildlife Service of his authorized representative.
(h)
Exploration plan means the way in which a program of exploratory activities is proposed to be arranged and carried out.
(i)
Exploratory activities means surface geological exploration or seismic exploration or both of the coastal plain and all related activities and logistics required for either or both, and any other type of geophysical exploration of the coastal plain which involves or is a component of an exploration program for the coastal plain involving surface use of refuge lands and all related activities and logistics required for such exploration.
(j)
Harass means to pursue, hunt, take, capture, molest, collect, harm, shoot or kill or attempt to engage in any of the preceding by either intentional or negligent act or omission.
(k)
Hazardous substances means petroleum, petroleum products, toxic materials, chemical effluent, explosives, or other materials which are likely to cause significant adverse effects to the refuge's wildlife, its habitat, the environment, or humans.
(l)
Permittee means the person authorized by a special use permit issued pursuant to this part to conduct exploratory activities on the coastal plain; any official, employee, contractor, subcontractor or agent of the permittee or of the permittee's designee; and any participant to the permittee's permit.
(m)
Person means any individual, partnership, firm, corporation, association, organization, or agency.
(n)
Plan of operation means detailed procedures, covering a period not to exceed 12 months, proposed for executing an exploration plan.
(o)
Processed, analyzed and interpreted data or information means any data or information which results from any subsequent modification, processing, analysis, or interpretation of raw data and information by human or electronic means, on or off the refuge.
(p)
Raw data and information means all original observations and recordings in written or electronic form and samples obtained during field operations.
(r)
Regional Director means the Regional Director, Region 7 of the U.S. Fish and Wildlife Service, or his authorized representative.
(s)
Rehabilitation means the act of returning the landform and vegetation to as near its original shape and condition as practicable, as determined by the Regional Director.
(v)
Solicitor means the Solicitor of the Department of the Interior or his authorized representative.
(w)
Special use permit means a revocable, nonpossessory privilege issued in writing by the Regional Director and authorizing the permittee to enter and use the refuge for a specified period to conduct exploratory activities, and other activities necessary thereto.
(x)
Support facilities means facilities on or near the refuge used to provide logistical support for the field exploratory activities.
(y)
Third party means any person other than a representative of the permittee or the United States government.
(z)
Waste means all material for discard from exploratory activities. It includes, but is not limited to, human waste, trash, garbage, refuse, fuel drums, shot wire, survey stakes, explosives boxes, ashes, and functional and nonfunctional equipment.