Prohibition on Supplanting Non-Federal Funds
Partnership Agreement awards must be used to supplement and not supplant
non-federal funds. For the purposes of these guidelines, the term “supplant
non-federal funds” is defined as using federal dollars to replace
non-federal dollars, with the intention or effect of reducing financial
support for a SAA or RAO.
The Arts Endowment should be recognized for the activities that it helps
to support through its state and regional partners. State arts agencies
and regional arts organizations 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. SAAs
and RAOs also should encourage their grantees to give appropriate credit
to the Arts Endowment.
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 several factors such as the number of awards to be processed, whether
the agency has its appropriation from Congress, etc.
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. Included is information on reporting requirements
and lobbying prohibitions.
By law, the National Endowment for the Arts may support only those organizations
Are tax-exempt. Organizations qualifying for this
status must meet the following criteria:
No part of net earnings may benefit a private stockholder or
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 (IRS) Web site at www.irs.gov;
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.
In addition, State Arts Agencies must meet the requirements in Section
5(g)(2) of the Arts Endowment's authorizing legislation which state:
"In order to receive assistance under this subsection in any fiscal
year, a State shall submit an application for such grants at such time
as shall be specified by the Chairperson and accompany such applications
with a plan which the Chairperson finds --
designates or provides for the establishment of a State agency (hereinafter
in this section referred to as the "State agency") as the sole agency
for the administration of the State plan;
provides that funds paid to the State under this subsection will
be expended solely on projects and productions approved by the State
agency which carry out one or more of the objectives of subsection
(c) of this section;
provides that the State agency will make such reports, in such form
and containing such information, as the Chairperson may from time
to time require, including a description of the progress made toward
achieving the goals of the State plan;
- provides --
assurances that the State agency has held, after reasonable notice,
public meetings in the State to allow all groups of artists, interested
organizations, and the public to present views and make recommendations
regarding the State plan; and
a summary of such recommendations and the State agency's response
to such recommendations; and
- contains --
- a description of the level of participation during the most recent
preceding year for which information is available by artists, artists'
organizations, and arts organizations in projects and productions
for which financial assistance is provided under this subsection;
- for the most recent preceding year for which information is available,
a description of the extent to which projects and productions receiving
financial assistance from the state arts agency are available to all
people and communities in the State; and
- a description of projects and productions receiving financial assistance
under this subsection that exist or are being developed to secure
wider participation of artists, artists' organizations, and arts organizations
identified under clause (i) of this subparagraph or that address the
availability of the arts to all people or communities identified under
clause (ii) of this subparagraph.
No application may be approved unless the accompanying plan satisfies
the requirements specified in this subsection."
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 Arts 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 Arts 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 email@example.com
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.
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
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.
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.
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.
Regulations Relating to Lobbying for organizations
applying for more than $100,000 (31
The Applicant certifies that:
(a) It has not and will not use federal appropriated funds to pay
any person for influencing or attempting to influence an officer or
employee of any agency, a member of an Arts Endowment advisory panel
or the National Council on the Arts, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of or modification to any federal grant or contract.
(b) If it has used or will use any funds other than federal appropriated
funds to pay any person for influencing or attempting to influence any
of the individuals specified above, the Applicant:
Is not required to disclose that activity if that person is regularly
employed by the Applicant. (Regularly employed means working for
at least 130 days within the year immediately preceding the submission
of this application.)
Will complete and submit Standard Form-LLL, “Disclosure
of Lobbying Activities,” if that person is not regularly employed
by the Applicant.
(c) It will require that the language of this certification be included
in the award documents for all subawards of more than $100,000 and that
all subrecipients shall certify and disclose accordingly.
If your Partnership Agreement, 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 Partnership Agreement 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