[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Rules and Regulations]
[Pages 63962-63965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30016]



=======================================================================
-----------------------------------------------------------------------

[[Page 63963]]


NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

45 CFR Part 1180


Institute of Museum Services: General Operating Support, 
Conservation Project Support, Museum Assessment Program, Conservation 
Assessment Program

AGENCY: Institute of Museum Services, NFAH.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Institute of Museum Services amends regulations relating 
to its General Operating Support, Conservation Project Support grant 
programs, the Museum Assessment Program and the Conservation Assessment 
Program. The regulations as amended implement the Museum Services Act. 
The amendments make technical and other changes in the eligibility 
conditions, use of funds, amount of awards, reporting requirements and 
remove unneeded provisions.

EFFECTIVE DATE: December 13, 1995.

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, 1988, 1990, 
1991, 1993 and 1994). 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 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 and conservation.

The Need for the Amendment

    The amendments to the regulations are intended to make the programs 
more responsive to the needs of applicants by increasing the maximum 
amount of conservation awards, by distributing general operating awards 
more broadly among high quality museums and by assisting in program 
evaluation.

Proposed Amendments and Public Comment

    A notice of proposed rulemaking was published March 6, 1995, 60 
Federal Register, 12186-12188. The preamble to the notice of proposed 
rulemaking contained an amendment-by-amendment analysis explaining the 
purpose of each amendment. The discussion is not repeated here. Public 
comment was invited on the proposed amendments to determine the 
necessity and appropriateness of the proposed changes.

General Operating Support

    The Institute received 260 comments regarding Sec.  1180.5 which 
would establish eligibility criteria for the General Operating Support 
program making museums that have not received two consecutive GOS 
awards eligible to apply and making museums that have received two 
consecutive GOS awards ineligible to apply in the immediately 
succeeding cycle. This criteria will be effective beginning with the 
1996 competition. Therefore, the deadline for the fiscal year 2000 
competition would be the first deadline for which this criteria would 
affect an institution's eligibility to compete for a General Operating 
Support award.
    Of the commenters, 222 favored the proposed rule. Those who 
supported the change expressed the belief that many deserving, worthy 
museums compete for GOS awards without success. These commenters see 
broadening the distribution to make awards to more museums a highly 
desirable outcome of such a change. Supporters said this change would 
prevent museums from becoming dependent on the award. Some supporters 
believe, also, that the current status allows the ``rich to get 
richer'' and that receiving the award creates a perpetuating cycle of 
future awards. Some supporters said this change would help small 
museums. Others said it is a better way to broaden distribution of GOS 
funds than further reducing the amount of award.
    Commenters opposing the change, said that it was inconsistent with 
the main role of GOS to reward and recognize the highest quality 
museums.
    The Institute agrees that the issue of recognizing the high quality 
of museum operations is important. However, the Institute believes that 
many very high quality museums currently compete and do not receive 
awards. The Institute believes the broader distribution resulting from 
implementing the proposed criteria will not negatively affect 
recognition of high quality museums. The Institute further believes the 
change will encourage museums in aspiring to higher levels of operation 
in order to attain the award, as they will perceive that chances for 
receiving the award are greater.
    Some commenters who opposed this change believe it is detrimental 
to small museums. The Institute believes the procedures established for 
the General Operating Support program ensure an equitable 
representation of small museums in the awards. The Institute does not 
anticipate that small museums will be negatively affected by this 
change. The Institute believes the change is equitable for museums of 
all sizes and types and applies equally to every institution.
    Some commenters stated that this change is premature in relation to 
the other recent changes in GOS that reduce the maximum amount of the 
award and change to a two-year grant period. The Institute has received 
positive reaction to the previous changes in the grant period and the 
amount of the award. The Institute believes that this change reinforces 
the efforts by the Institute to broaden the distribution of these funds 
as was intended with the previous changes, and, therefore, is an 
appropriate action.

Conservation Project Support

    The institute received five comments regarding Sec. 1180.20, which 
would 

[[Page 63964]]
increase the maximum amount of an award generally made for the 
Conservation Project Support program. Four commenters supported the 
change by indicating that this change is an appropriate response to 
rising costs for conservation activities. The Institute agrees that the 
change is appropriate. The commenter opposing the change believes that 
research for species survival projects will be neglected by zoos, who 
may choose to use the larger amount for changing in-house environments. 
The Institute has no evidence that zoos will make this choice. 
Historically, the projects for species survival have been more numerous 
that any other type of project submitted by zoos.

Other

    No comments were received regarding removing references to 
``Special Project'' grants from the regulations or regarding the 
requirement of final reports on Museum Assessment Program grants or 
Conservation Assessment Program grants.
    The Institute has considered all comments and has again reviewed 
the necessity and appropriateness of the proposed changes. In light of 
this consideration and review, following consultation with the National 
Museum Services Board, the Institute has determined that the amendments 
to regulations should be adopted as proposed in the March 6, 1995 
notice. The final regulations set forth below reflect this 
determination.

Executive Order 12866

    These amendments have been reviewed in accordance with Executive 
Order 12866. They are classified as non-major because they do not meet 
the criteria of major regulations established in the Order.

List of Subjects in 45 CFR Part 1180

    Grant programs, Museums, National Boards.

    Dated: December 4, 1995.
Mamie Bittner,
Director of Public and Legislative Affairs.

    The Institute of Museum Services amends Part 1180 Subchapter E of 
Chapter XI of Title 45 of the Code of Federal Regulations as set forth 
below:

PART 1180--GRANTS REGULATIONS

    1. The authority citation for part 1180 continues to read as 
follows:

    Authority: 20 USC 960-968.

    2. Section Sec. 1180.5 is amended by adding a new paragraph (f):


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 for General Operating Support.
    3. Section Sec. 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 amount of a 
Conservation Project Support grant will 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.
* * * * *
    4. Section Sec. 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. 1180.13.
    5. Section Sec. 1180.35 is amended by revising its heading and 
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  [Removed and reserved]

    6. Section 1180.40 is removed and reserved.
    7. Section 1180.41 is revised to read as follows:


Sec. 1180.41  The cost analysis; basis for grant amount.

    Before the Director sets the amount of a grant, a cost analysis of 
the project is made which involves an examination of:
    (a) The cost data in the detailed budget for the project;
    (b) Specific elements of cost; and
    (c) The necessity, reasonableness, and allowability under 
applicable statutes and regulations.
    8. Section 1180.45 is amended by revising 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.
* * * * *
    9. Section 1180.48 is 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.

    10. Section 1180.49 is revised to read as follows:


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.
    11. Section 1180.50 is revised to read as follows:


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.
    12. Section 1180.58 is revised to read as follows:
    
[[Page 63965]]



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.
    13. Section 1180.59 is revised to read as follows:


Sec. 1180.59  Applicability.

    Subparts B and C (Secs. 1180.30 through 1180.58) apply to General 
Operating Support assistance, except as otherwise provided in these 
regulations.
    14. 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 that the report be submitted up to 12 
months after the close of the grant period.
* * * * *
[20 U.S.C. 961-68]

[FR Doc. 95-30016 Filed 12-12-95; 8:45 am]
BILLING CODE 7036-01-M