[Federal Register: February 8, 2006 (Volume 71, Number 26)]
[Rules and Regulations]
[Page 6370-6374]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe06-13]
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
45 CFR Part 1180
RIN 3137-AA16
Institute of Museum and Library Services; Technical Amendments To
Reflect the New Authorizing Legislation of the Institute of Museum and
Library Services
AGENCY: Institute of Museum and Library Services (IMLS), NFAH.
ACTION: Final rule.
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SUMMARY: The Institute of Museum and Library Services has amended its
grants regulations by removing outdated regulations and making certain
technical amendments to reflect Congress' reauthorization of the
Institute of Museum and Library Services under The Museum and Library
Services Act of 2003. The amendments also reorganize certain sections
to provide greater clarity for agency applicants and grantees.
EFFECTIVE DATE: February 2, 2006.
FOR FURTHER INFORMATION CONTACT: Nancy E. Weiss, General Counsel,
Institute of Museum and Library Services, 1800 M Street, NW., Ninth
Floor, Washington, DC 20036. E-mail: nweiss@imls.gov. Telephone: (202)
653-4787. Facsimile: (202) 653-4625.
SUPPLEMENTARY INFORMATION:
I. Technical Amendments and Removal of the Institute's Outdated
Regulations
The Institute of Museum and Library Services herein removes
outdated regulations and makes minor technical amendments to reflect
Congress' reauthorization of the Institute of Museum and Library
Services with The Museum and Library Services Act of 2003, Public Law
108-81 (September 25, 2003). These revisions are meant to fulfill the
Institute's responsibility to its eligible grant applicants by ensuring
that all regulations, policies, and procedures are up-to-date. The
regulations removed include regulations relating to programs and
requirements no longer in existence at the Institute as a result of
both agency practice and The Museum and Library Services Act of 2003.
In the interests of economy of administration, and because all of the
regulations to be removed are outdated and the technical amendments are
minor, they are included in one rulemaking vehicle. The proposed rule
was published by the Institute in the Federal Register on December 14,
2005. The Institute received no comments suggesting changes to the text
of the rule.
II. Matters of Regulatory Procedure
Regulatory Planning and Review (E.O. 12866)
Under Executive Order 12866, the Institute must determine whether
the regulatory action is ``significant'' and therefore subject to OMB
review and the requirements of the Executive Order. The Order defines a
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
The rule removes a number of outdated regulations and makes
technical amendments to reflect Congress' reauthorization of the
Institute of Museum and Library Services under The Museum and Library
Services Act of 2003, Public Law 108-81 (September 25, 2003). As such,
it does not impose a compliance burden on the economy generally or on
any person or entity. Accordingly, this rule is not a ``significant
regulatory action'' from an economic standpoint, and it does not
otherwise create any inconsistencies or budgetary impacts to any other
agency or Federal Program.
Regulatory Flexibility Act
Because this rule removes outdated regulations and make certain
technical amendments, the Institute has determined in Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) review that this rule will not
have a significant economic impact on a substantial number of small
entities because it simply makes technical amendments and removes
outdated regulations.
Paperwork Reduction Act
This rule is exempt from the requirements of the Paperwork
Reduction Act, since it removes existing outdated regulations and makes
only technical amendments to reflect Congress' reauthorization of the
Institute of Museum and Library Services under The Museum and Library
Services Act of 2003, Public Law 108-81 (September 25, 2003). An OMB
form 83-1 is not required.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
chapter 25, subchapter II), this rule will not significantly or
uniquely affect small governments and will not result in increased
expenditures by State, local, and tribal governments, or by the private
sector, of $100 million or more as adjusted for inflation) in any one
year.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Takings (E.O. 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. No rights, property or compensation
has been, or will be, taken. A takings implication assessment is not
required.
[[Page 6371]]
Federalism (E.O. 13132)
In accordance with Executive Order 13132, this rule does not have
federalism implications that warrant the preparation of a federalism
assessment.
Civil Justice Reform (E.O. 12988)
In accordance with Executive Order 12988, the Institute has
determined that this rule does not unduly burden the judicial system
and meets the requirements of sections 3(a) and 3(b)(2) of the Order.
Consultation With Indian Tribes (E.O. 13175)
In accordance with Executive Order 13175, the Institute has
evaluated this rule and determined that it has no potential negative
effects on federally recognized Indian tribes.
National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment.
List of Subjects in 45 CFR Part 1180
Administrative practice and procedure, Government Contracts, Grant
programs--education, Grant programs--Indians, Cooperative agreements,
Federal aid programs, Grants administration, Libraries, Museums,
Nonprofit organizations, Colleges and universities, Report and
recordkeeping requirements, Sunshine Act.
Dated: February 2, 2006.
Nancy E. Weiss,
General Counsel, Institute of Museum and Library Services.
0
For the reasons stated in the preamble and under the authority of 20
U.S.C. 9101 et seq., the Institute of Museum and Library Services
amends 45 CFR Part 1180 as follows:
PART 1180--GRANTS REGULATIONS
0
1. The authority citation for 45 CFR Part 1180 is revised to read as
follows:
Authority: 20 U.S.C. 9101-9176.
Subpart A [Revised]
0
2. Revised Subpart A of Part 1180 to read as follows:
PART 1180--GRANTS REGULATIONS
Subpart A--Definitions and Eligibility
Sec.
1180.1 Scope of this part.
1180.2 Definition of a museum.
1180.3 Other definitions.
1180.4 Museum eligibility and burden of proof--Who may apply.
1180.5 Related institutions.
1180.6 Basic materials which an applicant must submit to be
considered for funding.
Subpart A--Definitions and Eligibility
Sec. 1180.1 Scope of this part.
This part establishes rules for the award of grants from funds
appropriated under the Museum and Library Services Act, including rules
governing the eligibility of applicant institutions, the type of
assistance which may be provided, requirements which applicants must
meet and criteria to be used in evaluating applications.
Sec. 1180.2 Definition of a museum.
For the purpose of this part:
(a) Museum means a public or private nonprofit institution which is
organized on a permanent basis for essentially educational or aesthetic
purposes and which, using a professional staff:
(1) Owns or uses tangible objects, either animate or inanimate;
(2) Cares for these objects; and
(3) Exhibits them to the general public on a regular basis.
(i) An institution which exhibits objects to the general public for
at least 120 days a year shall be deemed to meet this requirement.
(ii) An institution which exhibits objects by appointment may meet
this requirement if it can establish, in light of the facts under all
the relevant circumstances, that this method of exhibition does not
unreasonably restrict the accessibility of the institution's exhibits
to the general public.
(b) Museums include, but are not limited to, the following types of
institutions, if they otherwise satisfy the provision of this section:
(1) Aquariums;
(2) Arboretums;
(3) Botanical gardens;
(4) Art museums;
(5) Children's museums;
(6) General museums;
(7) Historic houses and sites;
(8) History museums;
(9) Nature centers;
(10) Natural history and anthropology museums;
(11) Planetariums;
(12) Science and technology centers;
(13) Specialized museums; and
(14) Zoological parks.
(c) For the purposes of this section, an institution uses a
professional staff if it employs at least one staff member, or the
fulltime equivalent, whether paid or unpaid primarily engaged in the
acquisition, care, or exhibition to the public of objects owned or used
by the institution.
(d)(1) Except as set forth in paragraph (d)(2) of this section, an
institution exhibits objects to the general public for the purposes of
this section if such exhibition is a primary purpose of the
institution.
(2) An institution which does not have as a primary purpose the
exhibition of objects to the general public but which can demonstrate
that it exhibits objects to the general public on a regular basis as a
significant, separate, distinct, and continuing portion of its
activities, and that it otherwise meets the requirements of this
section, may be determined to be a museum under this section. In order
to establish its eligibility, such an institution must provide
information regarding the following:
(i) The number of staff members devoted to museum functions as
described in paragraph (a) of this section.
(ii) The period of time that such museum functions have been
carried out by the institution over the course of the institution's
history.
(iii) Appropriate financial information for such functions
presented separately from the financial information of the institution
as a whole.
(iv) The percentage of the institution's total space devoted to
such museum functions.
(v) Such other information as the Director requests.
(3) The Director uses the information furnished under paragraph
(d)(2) of this section in making a determination regarding the
eligibility of such an institution under this section.
(e) For the purpose of this section, an institution exhibits
objects to the public if it exhibits the objects through facilities
which it owns or operates.
Sec. 1180.3 Other definitions.
The following other definitions apply in this part:
Act means The museum and Library Services Act, Pub. L. 104-208 (20
U.S.C. 9101-9176), as amended.
Board means the National Museum and Services Board established by
The Museum and Library Services Act of 2003, Pub. L. 108-81 (20 U.S.C.
9105a).
Collection includes objects owned, used or loaned by a museum as
well as those literary, archival and documentary resources specifically
required for the study and interpretation of these objects.
Director means the Director of the Institute of Museum and Library
Services.
Foundation means the National Foundation on the Arts and the
Humanities.
Grantee means the recipient of a grant under the Act.
[[Page 6372]]
Institute or IMLS means the Institute of Museum and Library
Services established under Section 203 of the Act.
Museum services means services provided by a museum, primarily
exhibiting objects to the general public, and including but not limited
to preserving and maintaining its collections, and providing
educational and other programs to the public through the use of its
collections and other resources.
Sec. 1180.4 Museum eligibility and burden of proof--Who may apply.
(a) A museum located in any of the 50 States of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands, the
Federal States of Micronesia, and the Republic of Palau may apply for a
grant under the Act.
(b) A public or private nonprofit agency which is responsible for
the operation of a museum may, if necessary, apply on behalf of the
museum.
(c) A museum operated by a department or agency of the Federal
Government is not eligible to apply.
(d) An applicant has the burden of establishing that it is eligible
for assistance under these regulations.
Sec. 1180.5 Related Institutions.
(a) If two or more institutions are under the common control of one
agency or institution or are otherwise organizationally related and
apply for assistance under the Act, the Director determines under all
the relevant circumstances whether they are separate museums for the
purpose of establishing eligibility for assistance under these
regulations. See Sec. 1180.4.
(b) IMLS regards the following factors, among others, as showing
that a related institution is a separate museum:
(1) The institution has its own governing body;
(2) The institution has budgetary autonomy; and
(3) The institution has administrative autonomy.
Sec. 1180.6 Basic materials which an applicant must submit to be
considered for funding.
(a) Application. To apply for a grant, an applicant must submit the
designated application form containing all information requested.
Failure to submit information required by the application at the time
of filing can subject an applicant to rejection of the application
without consideration on its merits.
(b) IRS letter. An applicant applying as a private, nonprofit
institution must submit a copy of the letter from the Internal Revenue
Service indicating the applicant's eligibility for nonprofit status
under the applicable provision of the Internal Revenue Code of 1954, as
amended.
0
3. Amend Sec. 1180.30 as follows:
0
a. Revise the section heading for Sec. 1180.30 to read as set forth
below; and
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b. Remove the phrase ``in the Federal Register''.
Sec. 1180.30 Publication of application notices; content of notices.
* * * * *
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4. Revise Sec. 1180.31 to read as follows:
Sec. 1180.31 Information in application notices.
Application notices generally include:
(a) How an applicant can get an application packet containing
detailed information about the program including an application form;
(b) Where an applicant must send its application;
(c) The amount of funds for which an applicant may apply;
(d) Any priorities established by the Institute for that year; and
(e) A reference to the applicable regulations.
0
5. Amend Sec. 1180.32 as follows:
0
a. Amend paragraph (a) introductory text by removing ``deadline'' and
adding in its place ``the deadline''; and
0
b. Add a new paragraph (d) to read as follows:
Sec. 1180.32 Deadline date for applications.
* * * * *
(d) The Director of IMLS may publish, in applicable application
notices and program guidelines, additional ways in which an application
can be submitted to the agency electronically.
Sec. 1180.34 [Removed and Reserved]
0
6. Remove and reserve Sec. 1180.34.
Sec. 1180.35 [Amended]
0
7. Amend Sec. 1180.35 as follows:
0
a. Amend paragraph (a), (b) introductory text, and (e) introductory
text by removing ``museums'' and adding in its place ``applicants'';
and
0
b. Amend paragraph (b)(2) by removing ``museum'' and adding in its
place ``applicant'';.
Sec. 1180.38 [Removed and Reserved]
0
8. Remove and reserve Sec. 1180.38.
Sec. 1180.44 [Amended]
0
9. Amended Sec. 1180.44 as follows:
0
a. Remove reserved paragraphs (b) through (c);
0
b. Redesignate paragraph (d) as paragrah (b); and
0
c. Amend redesignated paragraph (b) by removing ``of museums''.
Sec. 1180.45 [Removed and Reserved]
0
10. Remove and reserve Sec. 1180.45.
0
11. Remove undesignated center heading ``RECORDS'' from before Sec.
1180.56 and revise Sec. 1180.56 to read as follows:
Sec. 1180.56 Allowable costs.
(a) Determination of costs allowable under a grant is made in
accordance with government-wide cost principles in applicable OMB
circulars.
(b) No costs shall be allowed for the purchase of any object to be
included in the collection of a museum, except library, literary, or
archival material specifically required for a designated activity under
a grant under the Act.
0
12. Revise Sec. 1180.57 to read as follows:
Sec. 1180.57 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.
(b) The grantee may not use its grant to pay a consultant unless;
(1) There is a need in the project for the services of that
consultant; and
(2) The grantee cannot meet that need through using an employee
rather than a consultant.
0
13. Revise Sec. 1180.58 to read as follows:
Sec. 1180.58 Duration of grants.
The grantee may use grant funds during the period specified in the
grant document unless the grant is suspended or terminated. If the
grantee needs additional time to complete the grant, the grantee may
apply for an extension of the grant period without additional funds.
The Director or the Director's designee may approve this extension at
his or her discretion.
0
14. Add undesignated center heading ``RECORDS'' before Sec. 1180.59;
and revise Sec. 1180.59 to read as follows:
Sec. 1180.59 Records related to grant funds.
A grantee shall, in accordance with applicable OMB circulars, keep
records that show accurately and in full:
(a) The amount of funds awarded under the grant;
(b) The exact uses of the funds;
(c) The total amount expended under the grant;
(d) The amount expended under the grant during the grant period
provided from non-Federal sources; and
[[Page 6373]]
(e) Other records necessary to facilitate an effective audit.
0
15. Add Sec. 1180.60 to read as follows
Sec. 1180.60 Records related to compliance.
A grantee shall, in accordance with applicable OMB circulars, keep
accurate and full records to show its compliance with specific
requirements set forth in the regulations and published notices, or
contained in the grant award documents.
0
16. Add Sec. 1180.61 to read as follows:
Sec. 1180.61 Records related to performance.
(a) A grantee shall keep records demonstrating the progress and
results under the grant and shall provide such records to the Institute
upon request.
(b) The grantee shall use the records created pursuant to paragraph
(a) of this section to:
(1) Determine progress in accomplishing objectives; and
(2) Revise those objectives, if necessary and authorized under the
grant.
0
17. Revise Subpart D to read as follows:
Subpart D--Museum Conservation Assessment Program
Sec.
1180.70 Guidelines and standards for museum conservation projects.
Subpart D--Museum Conservation Program
Sec. 1180.70 Guidelines and standards for museum conservation
projects.
(a) Scope. The guidelines and standards in this subpart apply to
all aspects of the IMLS conservation grant program including the
submission of applications by museums for conservation grants, to the
award, review and approval of such applications by IMLS, and to the
carrying out of conservation grants awarded by IMLS.
(b) Applicability of regulations. Except as otherwise provided in
these guidelines, subparts A-C of this part, as amended, apply to the
IMLS conservation grant program.
(c) Definition. As used in these guidelines, the term conservation
includes, but is not limited to, the following functions, as applied to
art, history, natural history, science and technology, and living
collections:
(1) Technical examination of materials and surveys of environmental
and collection conditions;
(2) Provision, insofar as practicable, of optimum environmental
conditions for housing, exhibition, monitoring, reformatting, nurturing
and transportation of objects;
(3) Physical treatment of objects, specimens and organisms, for the
purpose of stabilizing, conserving and preserving their condition,
removal of inauthentic additions or accretions, and physical
compensation for losses; species survival activities; and
(4) Research and training in conservation.
(d) Applicants. A museum may apply for and receive only one
conservation grant under this program in a fiscal year.
(e) Types of conservation projects funded. IMLS considers
applications to carry out conservation projects such as:
(1) Projects to develop improved or less costly methods of
conservation, or to maintain or improve conservation with respect to
one or more collections, including--
(i) Projects involving surveys of conservation needs and
(ii) Projects to establish or maintain optimum environmental
conditions.
(2) Projects to conduct research in conservation (including
developmental and basic research).
(3) Projects to conduct or obtain training in conservation
(including training of persons for careers as professional
conservators; training or upgrading of practicing conservators and
conservation technicians in the use of new materials and techniques;
and training of persons to become conservation technicians).
(4) Projects related to museum conservation needs not regularly
addressed by other Federal funding agencies.
(5) Projects to meet the conservation needs of museums which are
unable to maintain their own individual conservation facilities.
Because grants are made only to museums, organizations which operate
regional conservation centers but which are not museums are ineligible
for a direct grant. However, a museum or a group of museums may use a
grant to obtain services from such a center.
(6) Projects to conserve particular objects in a museum's
collection (including plants and animals) or to meet the conservation
needs of a particular museum (through such activities as the employment
of conservators and the procurement of conservation services or
equipment).
(f) Limits for Federal funding. (1) The normal amount of a
Conservation Project Support grant will be established in the
applicable program guidelines. Unless otherwise provide by law, if the
Director determines that exceptional circumstance warrant, the Director
may award a conservation grant which obligates an amount in Federal
funds in excess of the normal maximum award. IMLS 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.
(2) IMLS makes conservation grants only on a matching basis. This
means that at least 50 percent of the costs of a conservation project
must be met from non-federal funds. Principles in applicable OMB
circulars regarding costs sharing or matching apply.
(g) Application requirements; priorities; survey required in
certain cases. (1) Application requirements in Sec. 1180.6(a) and (b)
apply. An application shall describe when, during the term of the
grant, the applicant plans to complete each objective or phase of the
project. Where appropriate, IMLS may require an applicant to submit a
dissemination plan.
(2) The Director, by notice published in the Federal Register, may
establish priorities with respect to all or part of the funds available
to IMLS for conservation for a fiscal year among the types of projects
specified in paragraph (e) of this section.
(3) The Director may, to the extent appropriate, require (by
instructions in the application materials) that an applicant which
proposes a project to conserve particular objects must show that, prior
to the submission of the application, it has carried out a general
survey of its conservation needs and priorities and that the project in
question is consistent with such survey. In exceptional circumstances,
the Director may adjust this requirement. The Director may also
(through such instructions) require an applicant for a conservation
project to submit additional information, material, or undertakings to
carry out the purposes of this part.
(h) Procedures for review of applications (1) IMLS uses the
procedures stated in this paragraph to review applications for
conservation projects.
(2) IMLS evaluates all eligible applications for conservation
projects in accordance with applicable criteria. (See paragraph (i) of
this section.) The Director expects to use panels of experts to review
at least a portion of the applications for conservation grants.
Depending upon the number of applications received as well as other
factors, the Director may also use field reviewers to evaluate
applications before submission of applications to the panels. In
addition, the Director may use technical experts to provide technical
advice regarding certain applications.
[[Page 6374]]
(i) Criteria. This paragraph sets forth the general criteria which
IMLS uses in evaluating and reviewing applications for conservation
projects.
(1) The following programmatic criteria apply to the evaluation and
review of conservation grants:
(i) What is the importance of the object or objects to be
conserved? What is the significance of the object or objects to the
museum's collection and/or audience?
(ii) What is the need for the project, including the relationship
of the project to the conservation needs and priorities of the
applicant museum as reflected in a survey of conservation needs or
similar needs assessment?
(iii) What are the applicant's plans to use and maintain the
anticipated results or benefits of the project after the expiration of
Federal support?
(iv) Does the applicant plan to devote adequate financial and other
resources to the project without inhibiting its ongoing activities?
(2) The following technical criteria apply to the evaluation and
review of applications for conservation grants:
(i) What is the nature of the proposed project with respect to
project design and management plan?
(ii) To what extent does the application exhibit knowledge of the
technical area to which the conservation project relates and employ the
most promising or appropriate methods or techniques of conservation? To
what extent is the conservation project likely to use, develop or
demonstrate improved, more efficient, or more economic methods of
conservation?
(iii) Does the project have an adequate budget to achieve its
purpose? Is the burden reasonable and adequate in relation to the
objectives of the project?
(iv) What are the qualifications of the personnel the applicant
plans to use on the project and the proposed time that each person is
obligated to commit to the project?
(j) Grant condition. An applicant which has received a grant in a
prior fiscal year under the IMLS conservation grant program may not
receive a grant in a subsequent fiscal year under this section until
required reports have been submitted regarding the performance of the
previous grant.
(k) Allowable and unallowable costs. (1) Section 1180.56 of the
IMLS regulations, which applies to conservation grants, sets forth the
rules applicable to determining the allowability of costs under IMLS
grants and refers applicants and grantees to the OMB circulars
containing applicable cost principles which govern Federal grants
generally.
(2) In general such costs as compensation for personal services,
costs of materials and supplies, rental costs, and other administrative
costs specifically related to a conservation project are allowable
under a conservation grant in accordance with applicable cost
principles.
(3) Costs of alterations, repairs and restoration to an existing
facility are allowable when they are related to a conservation project
under a conservation grant in accordance with applicable cost
principles.
(4) Costs of equipment are generally allowable if related to a
conservation project but do require specific approval as indicated in
the grant award document.
(5) A grantee may award a stipend to an individual for training in
connection with a conservation project.
(6) Costs of new construction are unallowable. For example, a
museum may not use a conservation grant to construct a new building or
an addition to an existing building to improve the environment in which
its collections are housed.
Subpart E--[Removed]
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18. Remove subpart E--Assistance to Professional Museum Organizations,
consisting of Sec. Sec. 1180.77 through 1180.78.
Subpart F--[Removed]
0
19. Remove reserved subpart F.
Subpart G--[Removed]
0
20. Remove subpart G--Meetings of the National Museum Services Board,
consisting of Sec. Sec. 1180.80 through 1180.91.
Appendix A to Part 1180 [Removed]
0
21. Remove Appendix A to Part 1180.
[FR Doc. 06-1124 Filed 2-7-06; 8:45 am]
BILLING CODE 7036-01-M