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Award Administration
Crediting Requirement
Grantees must clearly acknowledge support from the National Endowment
for the Arts in their programs and related promotional material including
publications and Web sites. Additional acknowledgment requirements may
be provided later.
Award Notices
Grant decisions for the Arts on Radio and Television category
are expected to be announced in April 2009.
Note that "announcement" is likely to take the form of a preliminary
congratulatory note, 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.
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 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:
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Are tax-exempt. Organizations qualifying for this
status must meet the following criteria:
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No part of net earnings may benefit a private stockholder or individual.
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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.
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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.]
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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.
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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 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, go to www.lep.gov
or contact the Office of General Counsel at ogc@arts.gov
0r 202/682-5418.
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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.
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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:
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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.
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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.
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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.
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The
Native American Graves Protection and Repatriation Act of 1990
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 · an independent federal agency
1100 Pennsylvania Avenue NW
Washington, DC 20506 |
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