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Award Administration
Award Notices
Grant decisions for the Folk & Traditional Arts Infrastructure Initiative
category are expected to be announced in April 2005.
Note that "announcement" is likely to take the form of a preliminary letter, a
request for revisions, or a rejection letter. Official grant award notification
(i.e., the grant award letter that is signed by the Arts Endowment Chairman) is
the only legal and valid confirmation of award. This can take several months to
reach you depending on a number of factors such as whether a revised budget is
needed for your project, the number of awards to be processed, whether the
agency has its appropriation from Congress, etc.
Crediting Requirement
The Arts Endowment should be recognized for the activities that it helps to
support. Grantees must clearly acknowledge support from the National Endowment
for the Arts in their programs and related promotional material including
publications and Web sites. Acknowledgments should include the National
Endowment for the Arts logo wherever possible.
General Terms & Conditions
Federal and agency requirements that relate to grants awarded by the National
Endowment for the Arts are highlighted in our General Terms & Conditions, which
is available in the Grants section on the Arts Endowment's Web site at
www.arts.gov/manageaward. Included is information on U.S. Office of Management and
Budget (OMB) requirements, matching funds, reporting requirements, and lobbying
prohibitions.
Legal Requirements
By law, the National Endowment for the Arts may support only those organizations that:
Are tax-exempt. Organizations qualifying for this status must meet the
following criteria:
No part of net earnings may benefit a private stockholder or individual.
Donations to the organization must be allowable as a charitable contribution under Section
170(c) of the Internal Revenue Code of 1954, as amended.
For further information, go to the Internal Revenue Service's (IRS)
Web site or write the IRS TE/GE Division, Customer Service, P.O. Box 2508, Cincinnati, OH 45201
or call the IRS office listed in your area.
Compensate all professional performers and related or supporting professional personnel
on Arts Endowment-supported projects at no less than the prevailing minimum compensation.
[This requirement is in accordance with regulations that have been issued by the Secretary of Labor
in part 505 of Title 29 of
the Code of Federal Regulations. Part 505 does not provide information on specific compensation
levels.]
Assure that no part of any Arts Endowment-supported project will be performed or
engaged in under working conditions which are unsanitary or hazardous or dangerous to the
health and safety of the employees involved.
Comply with the federal requirements that are outlined in the "Assurance of
Compliance" below.
Assurance of Compliance
By signing the application form, the Applicant certifies that it is in compliance with
the statutes outlined below and all related Arts Endowment regulations and will maintain records
and submit the reports that are necessary to determine compliance. The Applicant further
certifies that it will obtain assurances of compliance from all subrecipients and will require all
subrecipients of Endowment funds to comply with these requirements. The Arts Endowment may conduct
a review of your organization to ensure that it is in compliance. If the Endowment determines that
a grantee has failed to comply with these statutes, it may suspend, terminate, and/or recover
funds. This assurance is subject to judicial enforcement.
- Nondiscrimination Statutes
The Applicant certifies that it does not discriminate:
For further information and copies of the nondiscrimination regulations identified above,
contact the Arts Endowment's Office of Civil Rights at 202/682-5454 or 202/682-5695 Voice/T.T.Y. For
inquiries about limited English proficiency, please go to the FOIA Reading Room on the website or contact the Office of
General Counsel at ogc@arts.endow.gov 0r 202/682-5418.
Regulations relating to Debarment and Suspension (45
C.F.R. pt. 1154) in which the Applicant certifies that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in covered transactions by any federal department or agency, nor
Has, within the three years preceding the submission of this application, been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with a public (federal, state, or local) transaction or a contract under a public
transaction; for violation of federal or state antitrust statutes; for commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property; had any public transactions terminated for cause or default; or is
presently indicted for or otherwise criminally or civilly charged by a governmental entity with any
of the preceding offenses.
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Federal Debt Status (OMB
Circular A-129). The applicant certifies that it is not delinquent
in the repayment of any federal debt. Examples of relevant debt include
delinquent payroll or other taxes, audit disallowances, and benefit
overpayments.
Labor Standards (29 C.F.R. pt. 505). The applicant certifies that, if
awarded a grant, it will comply with the labor standards set out in Labor
Standards on Projects or Productions Assisted by Grants from the National
Endowments for the Arts and Humanities.
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The Drug-Free Workplace Act
of 1988 (41 U.S.C. 701 et seq. and 45 C.F.R. pt. 1154) requires
grantee organizations, within 30 days of receiving a grant, to make
a continuing, good faith effort to maintain a drug-free workplace
through implementation of the following:
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace,
and specifying the actions that will be taken against employees for violation of the prohibition.
(For the purposes of this Act, alcohol is not considered a controlled substance.) The grantee shall
give a copy of the statement to each employee who will be involved in grant-supported activities
and notify those employees that they are expected to abide by the statement. For the purposes of
this law, "employees" include consultants and temporary personnel (but not volunteers), who are
directly engaged in work under the grant and who are on the grantee's payroll. The grantee should
maintain on file the address of each site where work is performed under the grant.
Establish a drug-free awareness program that will inform employees about the dangers of drug
abuse in the workplace, the grantee's policy of maintaining a drug-free workplace, any available
drug counseling, rehabilitation, and employee assistance programs, and the penalties that might be
imposed for workplace drug abuse violations. Employees should be informed that any conviction for a
violation of a criminal drug statute that occurs in the workplace must be reported to the employer,
in writing, no later than five calendar days after such a conviction. The grantee, in turn, must
notify the Arts Endowment's Grants & Contracts Officer, in writing, within ten calendar days of
receiving such notice from its employee. The grantee's notice to the Arts Endowment must include
the convicted individual's position title and the number(s) of each affected grant.
Within 30 calendar days of receiving notice of an employee's criminal drug conviction a grantee
should take appropriate personnel action against the convicted employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program that has been approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency.
The Native American
Graves Protection and Repatriation Act of 1990 (25 U.S.C. 3001 et seq.) which applies to any
organization which controls or possesses Native American human remains and associated funerary
objects, and which receives federal funding, even for a purpose unrelated to the Act.
Other
If your project, including the planning stage, has environmental implications
(e.g., an arts festival in a park or the commissioning and installation
of an outdoor sculpture), you may be requested to provide information
to the Arts Endowment in response to specific questions in accordance
with the National
Environmental Policy Act.
If your project includes the planning for major renovation of any structure that is eligible for or on the National Register of Historic Places you may be requested to provide additional information on your project to ensure compliance with the
National Historic Preservation Act. This law also applies to planning for new construction that would affect historic properties. If a structure for your proposed project is more than fifty years old, contact your state historic
preservation office for more information.
National Endowment for the Arts
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