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

[[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