[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