[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Proposed Rules]
[Pages 12186-12188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5341]
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NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES
Institute of Museum Services
45 CFR Part 1180
Competitive Grants Technical Amendments
AGENCY: Institute of Museum Services, NFAH.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Institute of Museum Services issues proposed amendments to
regulations relating to its General Operating Support and Conservation
Project Support grant programs. The regulations as amended implement
the Museum Services Act. The amendments make technical and other
changes in the eligibility conditions, use of funds, audit
requirements, amount of awards, and remove unneeded provisions.
DATES: Comments must be received on or before May 1, 1995.
ADDRESSES: Comments should be addressed to Mamie Bittner, Public
Information Officer, Institute of Museum Services, Room 510, 1100
Pennsylvania Avenue NW., Washington, DC 20506.
FOR FURTHER INFORMATION CONTACT:
Rebecca Danvers, Program Director, Telephone: (202) 606-8539.
SUPPLEMENTARY INFORMATION:
General Background
The Museum Services Act (``the Act'' which is Title II of the Arts,
Humanities and Cultural Affairs Act of 1976, was enacted on October 8,
1976 and amended in 1980, 1982, 1984, 1985, and 1990). The purpose of
the Act is stated in section 202 as follows:
It is the purpose of the Museum Services Act to encourage and
assist museums in their educational role in conjunction with formal
systems of elementary, secondary, and post secondary education and with
programs of non-formal education for all age groups: to assist museums
in modernizing their methods and facilities so that they may be better
able to conserve our cultural, historic, and scientific heritage and to
ease the financial burden borne by museums as [[Page 12187]] a result
of their increasing use by the public.
The Act establishes an Institute of Museum Services (IMS)
consisting of a National Museums Services Board and Director.
The Act provides that the National Museum Services Board shall
consist of fifteen members appointed for fixed terms by the President
with the advice and consent of the Senate. The Chairman of the Board is
designated by the President from the appointed members. Members are
broadly representative of various museum disciplines, including those
relating to science, history, technology, art, zoos, and botanical
gardens; of the curatorial, educational, and cultural resources of the
United States; and of the general public. The Board has the
responsibility for establishing the general policies of the Institute.
The Director is authorized, subject to the policy direction of the
Board, to make grants under the Act to museums.
IMS is an independent agency placed in the National Foundation on
the Arts and the Humanities (National Foundation). Pub. L. 101-512 Nov.
5, 1990. The Act lists a number of illustrative activities for which
grants may be made, including assisting museums to improve their
operations.
The Need for the Amendment
The proposed amendment to the regulations are intended to simplify
application requirements and make the programs more accessible to the
applicants by making audit requirements apply evenly to all applicants,
to make awards more responsive to the needs of applicants by increasing
the maximum amount of conservation awards by distributing general
operating awards more broadly across high quality museums and by
assisting in program evaluation.
Amendment by Amendment Analysis
1. Eligibility for applying for General Operating Support (GOS)
grants.
Amendment 1 amends Sec. 1180.5 which states the eligibility
requirements that a museum must meet in order to be considered for a
grant from the Institute. The Institute proposes an additional criteria
for applicants to the General Operating Support program which would
prohibit a museum from applying if it had two consecutive awards in the
immediately preceding 2-year cycles, effective 1996. For example, if a
museum applied for and received a two-year GOS award in 1996 and
applied for and received a two-year GOS award in 1998, it would not be
eligible to apply for a third award in 2000, but would be eligible to
apply in 2001. However, if a museum applied for and received a two-year
GOS award in 1996, and either did not apply in 1998 or applied for but
did not receive an award in 1998, it would be eligible to apply for an
award in 1999. The result of this change will allow a higher number of
museums operating at high levels to benefit from the GOS program
awards, and therefore provide greater benefit. The criteria would apply
to applicants to the General Operating Support program only. The year
2000 would be the first deadline affected by this proposed rule.
2. Maximum awards for Conservation Project Support grants.
Amendment 2 revises Sec. 1180.20(f)(1) which states that IMS
normally makes a conservation award of no more than $25,000. The
Institute proposes to raise the amount to $50,000. This increase will
provide for the needs of museums to pursue more expensive projects to
implement the recommendations of general conservation surveys and of
institutional long range conservation plans.
3. Deleting ``Special Project'' from regulatory language.
Amendments 4 through 9 amend several regulations to remove
references to a category of assistance no longer available. The
Institute proposes to remove the term ``Special Project'' from the
sections of the regulations provided below. The ``Special Project''
grant program has not been offered by the Institute since 1984. These
changes have no impact on any other program and are made solely for
clarification. The following sections will have references to ``Special
Project'' removed: Secs. 1180.17, 1180.35, 1180.40 (reserved), 1180.41,
1180.45, 1180.48 through 1180.50, 1180.58 and 1180.59.
4. Requiring final reports from recipients of assessment grants.
Amendment 10 revises Sec. 1180.75(d) which states that a museum
receiving a grant for an assessment need not submit a financial report
or a performance report. The Institute intends to require reports from
grantees for assessments so that the Institute will be better able to
evaluate the effectiveness of assessment programs. The final reporting
period would be extended beyond the normal deadline of 90 days after
the close of the grant period to allow the museum to report on actions
taken as a result of the assessment.
Invitation to Comment
Interested persons are invited to submit comments and
recommendations regarding these proposed regulations. Written comments
and recommendations may be sent to the address given at the beginning
of this document. All comments submitted on or before May 5, 1995, will
be considered before the Director issues final regulations.
All comments submitted in response to these proposed regulations
will be available for public inspection, during and after the comment
period, at the Institute of Museum Services, room 510, 1100
Pennsylvania Ave., NW, Washington, DC between the hours of 8:30 a.m.
and 4:00 p.m., Monday through Friday of each week except Federal
holidays.
Executive Order 12291
These proposed amendments have been reviewed in accordance with
Executive Order 12291. They are classified as non-major because they do
not meet the criteria for major regulations established in the Order.
List of Subjects in 45 CFR Part 1180
Grant programs, Museums, National Boards.
Dated: February 28, 1995.
Diane B. Frankel,
Director, Institute of Museum Services.
The Institute of Museum Services proposes to amend part 1180,
subchapter E of chapter XI of title 45 of the Code of Federal
Regulations as set forth below:
SUBCHAPTER E--INSTITUTE OF MUSEUM SERVICES
PART 1180--GRANTS REGULATIONS
1. The authority citation for part 1180 is revised to read as
follows:
Authority: 20 U.S.C. 961-969; Pub. L. 97-100, 95 Stat. 1414;
Pub. L. 97-394, 96 Stat. 1994; 29 U.S.C. 794.
1a. Section 1180.5 is amended by adding paragraph (f) to read as
follows:
Sec. 1180.5 Eligibility and burden of proof--Who may apply.
* * * * *
(f) In a given year, a museum that has not received two consecutive
General Operating Support awards in the immediately preceding two-year
cycles is eligible to apply to General Operating Support.
2. Section 1180.20 is amended by revising paragraph (f)(1) to read
as follows:
Sec. 1180.20 Guidelines and standards for conservation projects.
* * * * *
(f) Limits for Federal funding. (1) The normal maximum amount of a
Conservation Project Support grant will [[Page 12188]] be established
through a notice published in the Federal Register. Beginning in FY
1996, the normal maximum amount is $50,000. Unless otherwise provided
by law, if the Director determines that exceptional circumstance
warrant, the Director, consistent with the policy direction of the
Board, may award a conservation grant which obligates an amount in
Federal funds in excess of the normal maximum award. IMS may establish
a maximum award level for exceptional project grants for a particular
fiscal year through information made available in guidelines or other
material distributed to all applicants.
* * * * *
3. Section 1180.17 is revised to read as follows:
Sec. 1180.17 Reports.
In its final reports a grantee shall briefly detail how the
expenditure of the grant funds has satisfied the proposed use of the
funds as stated in its General Operating Support application or has
accomplished the proposal as set forth in its application and has
served the purpose of the Act as reflected in the applicable evaluation
criteria in Sec. 1180.14.
Section 1180.35 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 1180.35 Group applications.
(a) Eligible museums may apply as a group for a project grant.
(b) If a group of museums applies for a grant, the members of the
group shall either:
(1) Designate one member of the group to apply for the grant; or
(2) Establish a separate, eligible legal entity, consisting solely
of the museum group, to apply for the grant.
* * * * *
Sec. 1180.40 [Reserved]
5. Section 1180.40 is removed and reserved.
6. Section 1180.41 is amended by revising paragraph (a) to read as
follows:
Sec. 1180.41 The cost analysis; basis for grant amount.
(a) Before the Director sets the amount of a grant, a cost analysis
of the project is made which involves an examination of:
(1) The cost data in the detailed budget for the project;
(2) Specific elements of cost; and
(3) The necessity, reasonableness, and allowability under
applicable statutes and regulations.
* * * * *
7. Section 1180.45 is amended by revising the heading and paragraph
(a) to read as follows:
Sec. 1180.45 Use of consultants.
(a) Subject to Federal statutes and regulations, a grantee shall
adhere to its general policies and practices when it hires, uses, and
pays a consultant as part of the staff.
* * * * *
8. Sections 1180.48 through 1180.50 and 1180.58 are revised to read
as follows:
Sec. 1180.48 General conditions on publications.
(a) Content of materials. Subject to any specific requirements that
apply to its grant, a grantee may decide the format and content of
materials that it publishes or arranges to have published.
(b) Required Statement. The grantee shall ensure that any
publication that contains materials also contains the following
statement:
The contents of this (insert type of publication, e.g., book,
report, film) were developed in whole or in part under a grant from
the Institute of Museum Services. However, the contents do not
necessarily represent the policy of the Institute, and endorsement
by the Federal Government should not be assumed.
Sec. 1180.49 Copyright policy for grantees.
A grantee may copyright materials in accordance with government-
wide policy applicable to copyright of publications developed under
Federal grants.
Sec. 1180.50 Definition of ``materials.''
As used in Secs. 1180.48 through 1180.49, materials means a
copyrightable work developed in whole or in part with funds from a
grant from the Institute.
Sec. 1180.58 Records related to performance.
(a) A grantee shall keep records revealing progress and results
under the grant.
(b) The grantee shall use the records under paragraph (a) of this
section to:
(1) Determine progress in accomplishing objectives; and
(2) Revise those objectives, if necessary, and authorized under the
grant.
9. Section 1180.59 is amended by revising paragraph (a) to read as
follows:
Sec. 1180.59 Applicability.
(a) Subparts B and C (Secs. 1180.30 through 1180.58) apply to
General Operating Support assistance, except as otherwise provided in
these regulations.
* * * * *
10. Section 1180.75 is amended by revising paragraph (d) to read as
follows:
Sec. 1180.75 Funding and award procedures.
* * * * *
(d) A museum receiving assistance under this subpart must submit a
final financial and narrative report that evaluates the success of the
assessment and actions taken by the museum as a result of the
assessment. IMS may request the report be submitted up to 12 months
after the close of the grant period.
(20 U.S.C. 96-969)
* * * * *
[FR Doc. 95-5341 Filed 3-3-95; 8:45 am]
BILLING CODE 7036-01-M
