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

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

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:

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