Technical Amendments To Reflect the New Authorizing Legislation of the Institute of Museum and Library Services, 73967-73972 [05-24007]

Download as PDF Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Proposed Rules Notice of upcoming meeting via conference call. ACTION: SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming meeting of the Manufactured Housing Consensus Committee (the Committee) to be held via telephone conference. This meeting is open to the general public, which may participate by following the instructions below. DATES: The conference call meeting will be held on Monday, December 19, 2005, from 11 a.m. to 3 p.m. Eastern Standard Time. ADDRESSES: Information concerning the conference call can be obtained from the Department’s Consensus Committee Administering Organization, the National Fire Protection Association (NFPA). Interested parties can log onto NFPA’s Web site for instructions concerning how to participate, and for contact information for the conference call: http://www.nfpa.org/ categoryList.asp?category ID=858&URL=Codes%20 and%20Standards/ Code%20development%20process/ Technical%20Committees/NonNFPA%20Technical%20Committees/ HUD%20Manufactured%20Housing% 20Consensus%20Committee%20 (MHCC)&cookie%5Ftest=1. Alternately, interested parties may contact Valaree Crawford of NFPA by phone at (617) 984–7507 (this is not a toll-free number) for conference call information. FOR FURTHER INFORMATION CONTACT: William W. Matchneer III, Associate Deputy Assistant Secretary, Office of Regulatory Affairs and Manufactured Housing, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone (202) 708–6409 (this is not a toll-free number). Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Information Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: Notice of this meeting is provided in accordance with Sections 10(a) and (b) of the Federal Advisory Committee Act (5 U.S.C. App.2) and 41 CFR 102–3.150. The Manufactured Housing Consensus Committee was established under Section 604(a)(3) of the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5403(a)(3). The Committee is charged with providing recommendations to the Secretary to adopt, revise, and interpret manufactured home construction and safety standards and procedural and VerDate Aug<31>2005 15:28 Dec 13, 2005 Jkt 208001 enforcement regulations, and with developing and recommending proposed model installation standards to the Secretary. The purpose of this conference call meeting is to permit the Committee, at its request, to review and make further recommendations to the Secretary regarding proposed changes to 24 CFR 3282.401 through 3282.418 (Subpart I— Consumer Complaint Handling and Remedial Actions), and the proposed Model Manufactured Home Installation Standards. The exceptional circumstances providing less than 15 calendar days notice of the meeting are that it is necessary to have this meeting on this date, which has been proposed and agreed to by the Committee, to permit the Committee to continue its consideration and take action regarding the foregoing matters in a timely manner. Tentative Agenda A. Roll Call. B. Welcome and Opening remarks. C. Full Committee meeting and take actions on proposed changes to 24 CFR part 3282, subpart I, and the proposed Model Manufactured Home Installation Standards. D. Adjournment. Dated: December 8, 2005. Brian D. Montomery, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. 05–24044 Filed 12–9–05; 4:14 pm] BILLING CODE 4210–27–P DEPARTMENT OF THE TREASURY 73967 The public hearing originally scheduled for Thursday, December 15, 2005 at 10 a.m., is cancelled. FOR FURTHER INFORMATION CONTACT: Treena Garrett of the Publications and Regulations Branch, Associate Chief Counsel (Procedure and Administration) at (202) 622–7180 (not a toll-free number). SUPPLEMENTARY INFORMATION: The notice of proposed rulemaking and notice of public hearing that appeared in the Federal Register on Monday, September 19, 2005 (70 FR 54859), announced that a public hearing was scheduled for Thursday, December 15, 2005, at 10 a.m. in the IRS Auditorium, Internal Revenue Service Building, 1111 Constitution Avenue, NW., Washington, DC. The subject of the public hearing is proposed regulations under section 863 of the Internal Revenue Code. The public comment period for these proposed regulations expired on Wednesday, November 23, 2005. Outlines of oral comments were due on Wednesday, November 23, 2005. The notice of proposed rulemaking and notice of public hearing, instructed those interested in testifying at the public hearing to submit outlines of the topics to be addressed. As of Wednesday, December 7, 2005, no one has requested to speak. Therefore, the public hearing scheduled for Thursday, December 15, 2005, is cancelled. DATES: Cynthia E. Grigsby, Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. 05–24038 Filed 12–9–05; 2:32 pm] BILLING CODE 4830–01–P Internal Revenue Service NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES 26 CFR Part 1 [REG–106030–98] Institute of Museum and Library Services RIN 1545–AW50 Source of Income From Certain Space and Ocean Activities; Source of Communications Income; Hearing Cancellation Internal Revenue Service (IRS), Treasury. ACTION: Cancellation of notice of public hearing on proposed rulemaking. AGENCY: SUMMARY: This document provides notice of cancellation of a public hearing on proposed rulemaking relating to the governing of source of income from certain space and ocean activities under section 863 of the Internal Revenue Code. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 45 CFR Part 1180 RIN 3137–AA16 Technical Amendments To Reflect the New Authorizing Legislation of the Institute of Museum and Library Services Institute of Museum and Library Services (IMLS), NFAH. ACTION: Proposed rule. AGENCY: SUMMARY: The Institute of Museum and Library Services proposes to amend grants regulations by removing outdated regulations and making certain technical amendments to reflect E:\FR\FM\14DEP1.SGM 14DEP1 73968 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Proposed Rules Congress’ reauthorization of the Institute of Museum and Library Services under The Museum and Library Services Act of 2003. The proposed amendments also reorganize certain sections to provide greater clarity for agency applicants and grantees. DATES: Comments are invited and must be received by no later than January 13, 2006. ADDRESSES: Send comments to Nancy E. Weiss, General Counsel, Institute of Museum and Library Services, 1800 M Street, NW., Ninth Floor, Washington, DC 20036. Submit electronic comments to nweiss@imls.gov. Telephone (202) 653–4787. Facsimile: (202) 653–4625. FOR FURTHER INFORMATION CONTACT: Nancy E. Weiss, General Counsel, Institute of Museum and Library Services, 1800 M Street, NW., Ninth Floor, Washington, DC 20036. E-mail: nweiss@imls.gov.Telephone: (202) 653– 4787. Facsimile: (202) 653–4625. SUPPLEMENTARY INFORMATION: I. Technical Amendments and Removal of the Institute’s Outdated Regulations The Institute of Museum and Library Services Congress proposes to remove outdated regulations and make minor technical amendments to reflect Congress’ reauthorization of the Institute of Museum and Library Services with The Museum and Library Services Act of 2003, Public Law 108– 81 (September 25, 2003). These revisions are meant to fulfill the Institute’s responsibility to its eligible grant applicants by ensuring that all regulations, policies, and procedures are up-to-date. The regulations proposed for removal include regulations relating to programs and requirements no longer in existence at the Institute as a result of both agency practice and The Museum and Library Services Act of 2003. In the interests of economy of administration, and because all of the regulations proposed to be removed are outdated and the technical amendments are minor, they are included in one rulemaking vehicle. II. Public Comment Procedures Comments should be submitted in writing to the address indicated in the ADDRESSES section of this document. All comments received will be available upon request for public inspection at the Institute of Museum and Library Services, 1800 M Street, NW., Ninth Floor, Washington, DC 20036. All written comments received by the date included in the DATES section of this document and all other relevant information in the record will be VerDate Aug<31>2005 15:28 Dec 13, 2005 Jkt 208001 carefully assessed and fully considered prior to implementation of the final rule. Any information considered to be confidential must be so identified and submitted in writing. We will not consider comments submitted anonymously. However, if you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. The regulatory removal in this proposed rulemaking eliminates outdated regulations and makes technical amendments to reflect Congress’ reauthorization of the Institute of Museum and Library Services under The Museum and Library Services Act of 2003 Public Law 108–81 (September 25, 2003). These changes will ensure that all regulations governing provision of grants made by the Institute are consistent with current statutory guidance and agency practice. The proposed amendments also reorganize certain sections in 45 CFR Part 1180 to provide greater clarity for agency applicants and grantees. The public is invited to make substantive comment on any of the changes in the proposed rule. III. Matters of Regulatory Procedure Regulatory Planning and Review (E.O. 12866) Under Executive Order 12866, the Institute must determine whether the regulatory action is ‘‘significant’’ and therefore subject to OMB review and the requirements of the Executive Order. The Order defines a ‘‘significant regulatory action’’ as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interface with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. The proposed rule removes a number of outdated regulations and makes technical amendments to reflect Congress’ reauthorization of the Institute of Museum and Library Services under The Museum and Library Services Act of 2003, Public Law 108–81 (September 25, 2003). As PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 such, it does not impose a compliance burden on the economy genrerally or on any person or entity. Accordingly, this rule is not a ‘‘significant regulatory action’’ from an economic standpoint, and it does not otherwise create any inconsistencies or budgetary impacts to any other agency or Federal Program. Regulatory Flexibility Act Because this proposed rule would remove outdated regulations and make certain technical amendments, the Institute has determined in Regulatory Flexibility Act (5 U.S.C. 601 et seq.) review that this proposed rule will not have a significant economic impact on a substantial number of small entities because it simply makes technical amendments and removes outdated regulations. Paperwork Reduction Act This proposed rule is exempt from the requirements of the Paperwork Reduction Act, since it removes existing outdated regulations and makes only technical amendments to reflect Congress’ reauthorization of the Institute of Museum and Library Services under The Museum and Library Services Act of 2003, Public Law 108–81 (September 25, 2003). An OMB form 83–1 is not required. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), this proposed rule will not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, or by the private sector, of 4100 million or more as adjusted for inflation) in any one year. Small Business Regulatory Enforcement Fairness Act (SBREFA) This proposed rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. The proposed rule: a. Does not have an annual effect on the economy of $100 million or more. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. Does not have significant adverse effects on competition, employment, investment productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises Takings (E.O. 12630) In accordance with Executive Order 12630, the proposed rule does not have E:\FR\FM\14DEP1.SGM 14DEP1 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Proposed Rules significant takings implications. No rights, property or compensation has been, or will be, taken. a takings implication assessment is not required. Federalism (E.O. 13132) In accordance with Executive Order 13132, this proposed rule does not have federalism implications that warrant the preparation of a federalism assessment. Civil Justice Reform (E.O. 12988) In accordance with Executive Order 12988, the Institute has determined that this proposed rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. Consultation With Indian Tribes (E.O. 13175) National Environmental Policy Act This proposed rule does not constitute a major Federal action significantly affecting the quality of the human environment. List of Subjects in 45 CFR Part 1180 Administrative practice and procedure, Government Contracts, Grant programs-education, Grant programsIndians, Cooperative agreements. Federal aid programs, Grants administration, Libraries, Museums, Nonprofit Organizations, Colleges and universities, Report and recordkeeping requirements, and Sunshine Act. Dated: December 8, 2005. Nancy E. Weiss, General Counsel, Institute of Museum and Library Services. For the reasons stated in the preamble and under the authority of 20 U.S.C. 9101 et seq., the Institute of Museum and Library Services proposes to amend 45 CFR Part 1180 as follows: PART 1180—GRANTS REGULATIONS 1. The authority citation for 45 CFR Part 1180 is revised to read as follows: Authority: 20 U.S.C. 9101–9176. Subpart A [Revised] 2. Revise Subpart A of Part 1180 to read as follows: PART 1180—GRANTS REGULATIONS VerDate Aug<31>2005 15:28 Dec 13, 2005 Jkt 208001 Subpart A—Definitions and Eligibility § 1180.1 Scope of this part. This part establishes rules for the award of grants from funds appropriated under the Museum and Library Services Act, including rules governing the eligibility of applicant institutions, the type of assistance which may be provided, requirements which applicants must meet and criteria to be used in evaluating applications. § 1180.2 In accordance with Executive Order 13175, the Institute has evaluated this proposed rule and determined that it has no potential negative effects on federally recognized Indian tribes. Subpart A—Definitions and Eligibility Sec. 1180.1 Scope of this part. 1180.2 Definition of a museum. 1180.3 Other definitions. 1180.4 Museum eligibility and burden of proof—Who may apply. 1180.5 Related institutions. 1180.6 Basic materials which an applicant must submit to be considered for funding. Definition of a museum. For the purpose of this part: (a) Museum means a public or private nonprofit institution which is organized on a permanent basis for essentially educational or aesthetic purposes and which, using a professional staff: (1) Owns or uses tangible objects, either animate or inanimate; (2) Cares for these objects; and (3) Exhibits them to the general public on a regular basis. (i) An institution which exhibits objects to the general public for at least 120 days a year shall be deemed to meet this requirement. (ii) An institution which exhibits objects by appointment may meet this requirement if it can establish, in light of the facts under all the relevant circumstances, that this method of exhibition does not unreasonably restrict the accessibility of the institution’s exhibits to the general public. (b) Museums include, but are not limited to, the following types of institutions, if they otherwise satisfy the provision of this section: (1) Aquariums; (2) Arboretums; (3) Botanical gardens; (4) Art museums; (5) Children’s museums; (6) General museums; (7) Historic houses and sites; (8) History museums; (9) Nature centers; (10) Natural history and anthropology museums; (11) Planetariums; (12) Science and technology centers; (13) Specialized museums; and (14) Zoological parks. (c) For the purposes of this section, an institution uses a professional staff if it employs at least one staff member, or the fulltime equivalent, whether paid or unpaid primarily engaged in the PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 73969 acquisition, care, or exhibition to the public of objects owned or used by the institution. (d)(1) Except as set forth in paragraph (d)(2) of this section, an institution exhibits objects to the general public for the purposes of this section if such exhibition is a primary purpose of the institution. (2) An institution which does not have as a primary purpose the exhibition of objects to the general public but which can demonstrate that it exhibits objects to the general public on a regular basis as a significant, separate, distinct, and continuing portion of its activities, and that it otherwise meets the requirements of this section, may be determined to be a museum under this section. In order to establish its eligibility, such as institution must provide information regarding the following: (i) The number of staff members devoted to museum functions as described in paragraph (a) of this section. (ii) The period of time that such museum functions have been carried out by the institution over the course of the institution’s history. (iii) Appropriate financial information for such functions presented separately from the financial information of the institution as a whole. (iv) The percentage of the institution’s total space devoted to such museum functions. (v) Such other information as the Director requests. (3) The Director uses the information furnished under paragraph (d)(2) of this section in making a determination regarding the eligibility of such an institution under this section. (e) For the purpose of this section, an institution exhibits objects to the public if it exhibits the objects through facilities which it owns or operates. § 1180.3 Other definitions. The following other definitions apply in this part: Act means The Museum and Library Services Act, Pub. L. 104–208 (20 U.S.C. 9101–9176), as amended. Board means the National Museum and Services Board established by The Museum and Library Services Act of 2003, Pub. L. 108–81 (20 U.S.C. 9105a). Collection includes objects owned, used or loaned by a museum as well as those literary, archival and documentary resources specifically required for the study and interpretation of these objects. Director means the Director of the Institute of Museum and Library Services. E:\FR\FM\14DEP1.SGM 14DEP1 73970 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Proposed Rules Foundation means the National Foundation on the Arts and the Humanities. Grantee means the recipient of a grant under the Act. Institute or IMLS means the Institute of Museum and Library Services established under Section 203 of the Act. Museum Services means services provided by a museum, primarily exhibiting objects to the general public, and including but not limited to preserving and maintaining its collections, and providing educational and other programs to the public through the use of its collections and other sources. § 1180.4 Museum eligibility and burden of proof—Who may apply. (a) A museum located in any of the 50 states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau may apply for a grant under the Act. (b) A public or private nonprofit agency which a responsible for the operation of a museum may, if necessary, apply on behalf of the museum. (c) A museum operated by a department or agency of the Federated Government is not eligible to apply. (d) An applicant has the burden of establishing that it is eligible for assistance under these regulations. § 1180.5 Related institutions. (a) If two or more institutions are under the common control of one agency or institution or are otherwise organizationally related and apply for assistance under the Act, the Director determines under all the relevant circumstances whether they are separate museums for the purposes of establishing eligibility for assistance under these regulations, See § 1180.4. (b) IMLS regards the following factors, among others, as showing that a related institution is a separate museum: (1) The institution has its own governing body; (2) The institution has budgetary autonomy; and (3) The institution has administrative autonomy. § 1180.6 Basic materials which an applicant must submit to be considered for funding. (a) Application. To apply for a grant, an applicant must submit the designated application form containing all VerDate Aug<31>2005 15:28 Dec 13, 2005 Jkt 208001 information requested. Failure to submit information required by the application at the time of filing can subject an applicant to rejection of the application without consideration on its merits. (b) IRS letter. An applicant applying as a private, nonprofit institution must submit a copy of the letter from the Internal Revenue Service indicating the applicant’s eligibility for nonprofit status under the applicable provision of the Internet Revenue Code of 1954, as amended. § 1180.30 Publication of application notices; content of notices. 3. Amend § 1180.30 as follows: a. Revise the section heading for § 1180.30 to read as set forth above. b. Remove the phrase ‘‘in the Federal Register’’. 4. Revise § 1180.31 to read as follows: § 1180.31 notices. Information in application Application notices generally include: (a) How an applicant can get an application packet containing detailed information about the program including an application form; (b) Where an applicant must send its application; (c) The amount of funds for which an applicant may apply; (d) Any priorities established by the Institute for that year; and (e) A reference to the applicable regulations. 5. Amend § 1180.32 as follows: a. Amend paragraph (a) introductory text by removing the phrase ‘‘deadline’’ and adding in its place the phrase ‘‘the deadline’’; and b. Add a new paragraph (d) to read as follows: § 1180.32 Deadline date for applications. * * * * * (d) The Director of IMLS may publish, in applicable application notices and program guidelines, additional ways in which an application can be submitted to the agency electronically. § 1180.34 [Removed and Reserved] 6. Remove and reserve § 1180.34. § 1180.35 [Amended] 7. Amend § 1180.35 as follows: a. Amend paragraph (a), (b) introductory text, and (e) introductory text by removing the phrase ‘‘museums’’ and adding in its place the phrase ‘‘applicants’’; and b. Amend paragraph (b)(2) by removing the phrase ‘‘museum’’ and adding in its place the phrase ‘‘applicant’’. § 1180.38 [Removed and Reserved] 8. Remove and reserve § 1180.38. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 § 1180.44 [Amended] 9. Amended § 1180.44 as follows: a. Remove reserved paragraph (c); b. Redesignate paragraph (d) as paragraph (b); and c. Amend redesignated paragraph (b) by removing the phrase ‘‘of museums’’. § 1180.45 [Removed and Reserved] 10. Remove and reserve § 1180.45. 11. Remove undesignated center heading ‘‘RECORDS’’ from before § 1180.56 and revise § 1180.56 to read as follows: § 1180.56 Allowable costs. (a) Determination of costs allowable under a grant is made in accordance with government-wide cost principles in applicable OMB circulars. (b) No costs shall be allowed for the purchase of any object to be included in the collection of a museum, except library, literary, or archival material specifically required for a designated activity under a grant under the Act. 12. Revise § 1180.57 to read as follows: § 1180.57 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. (b) The grantee may not use its grant to pay a consultant unless: (1) There is a need in the project for the services of that consultant; and (2) The grantee cannot meet that need through using an employee rather than a consultant. 13. Revise § 1180.58 to read as follows: § 1180.58 Duration of grants. The grantee may use grant funds during the period specified in the grant document unless the grant is suspended or terminated. If the grantee needs additional time to complete the grant, the grantee may apply for an extension of the grant period without additional funds. The Director or the Director’s designee may approve this extension at his or her discretion. 14. Add undesignated center heading ‘‘RECORDS’’ before § 1180.59; and revise § 1180.59 to read as follows: § 1180.59 Records related to grant funds. A grantee shall, in accordance with applicable OMB circulars, keep records that show accurately and in full: (a) The amount of funds awarded under the grant; (b) The exact uses of the funds; (c) The total amount expended under the grant; E:\FR\FM\14DEP1.SGM 14DEP1 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Proposed Rules (d) The amount expended under the grant during the grant period provided from non-Federal sources; and (e) Other records necessary to facilitate an effective audit. 15. Add § 1180.60 to read as follows: § 1180.60 Records related to compliance. A grantee shall, in accordance with applicable OMB circulars, keep accurate and full records to show its compliance with specific requirements set forth in the regulations and published notices, or contained in the grant award documents. 16. Add § 1180.61 to read as follows: § 1180.61 Records related to performance. (a) A grantee shall keep records demonstrating the progress and results under the grant and shall provide such records to the Institute upon request. (b) The grantee shall use the records created pursuant to paragraph (a) of this section to: (1) Determine progress in accomplishing objectives; and (2) Revise those objectives, if necessary and authorized under the grant. 17. Revise Subpart D to read as follows: Subpart D—Museum Conservation Assessment Program Sec. 1180.70 Guidelines and standards for museum conservation projects. Subpart D—Museum Conservation Program § 1180.70 Guidelines and standards for museum conservation projects. (a) Scope. The guidelines and standards in this subpart apply to all aspects of the IMLS conservation grant program including the submission of applications by museums for conservation grants, to the award, review and approval of such applications by IMLS, and to the carrying out of conservation grants awarded by IMLS. (b) Applicability of regulations. Except as otherwise provided in these guidelines, subparts A–C of this part, as amended, apply to the IMLS conservation grant program. (c) Definition. As used in these guidelines, the term conservation includes, but is not limited to, the following functions, as applied to art, history, natural history, science and technology, and living collections: (1) Technical examination of materials and surveys of environmental and collection conditions; (2) Provision, insofar as practicable, of optimum environmental conditions for VerDate Aug<31>2005 15:28 Dec 13, 2005 Jkt 208001 housing, exhibition, monitoring, reformatting, nurturing and transportation of objects; (3) Physical treatment of objects, specimens and organisms, for the purpose of stabilizing, conserving and preserving their condition, removal of inauthentic additions or accretions, and physical compensation for losses; species survival activities; and (4) Research and training in conservation. (d) Applicants. A museum may apply for and receive only one conservation grant under this program in a fiscal year. (e) Types of conservation projects funded. IMLS considers applications to carry out conservation projects such as: (1) Projects to develop improved or less costly methods of conservation, or to maintain or improve conservation with respect to one or more collections, including— (i) Projects involving surveys of conservation needs and (ii) Projects to establish or maintain optimum environmental conditions. (2) Projects to conduct research in conservation (including developmental and basic research). (3) Projects to conduct or obtain training in conservation (including training of persons for careers as professional conservators; training or upgrading of practicing conservators and conservation technicians in the use of new materials and techniques; and training of persons to become conservation technicians). (4) Projects related to museum conservation needs not regularly addressed by other Federal funding agencies. (5) Projects to meet the conservation needs of museums which are unable to maintain their own individual conservation facilities. Because grants are made only to museums, organizations which operate regional conservation centers but which are not museums are ineligible for a direct grant. However, a museum or a group of museums may use a grant to obtain services from such a center. (6) Projects to conserve particular objects in a museums’s collection (including plants and animals) or to meet the conservation needs of a particular museum (through such activities as the employment of conservators and the procurement of conservation services or equipment). (f) Limits for Federal funding. (1) The normal amount of a Conservation Project Support grant will be established in the applicable program guidelines. Unless otherwise provided by law, if the Director determines that exceptional circumstances warrant, the Director may PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 73971 award a conservation grant which obligates an amount in Federal funds in excess of the normal maximum award. IMLS 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. (2) IMLS makes conservation grants only on a matching basis. This means that at least 50 percent of the costs of a conservation project must be met from non-federal funds. Principles in applicable OMB circulars regarding costs sharing or matching apply. (g) Application requirements; priorities; survey required in certain cases. (1) Application requirements in § 1180.6(a) and (b) apply. An application shall describe when, during the term of the grant, the applicant plans to complete each objective or phase of the project. Where appropriate, IMLS may require an applicant to submit a dissemination plan. (2) The Director, by notice published in the Federal Register, may establish priorities with respect to all or part of the funds available to IMLS for conservation for a fiscal year among the types of projects specified in paragraph (c) of this section. (3) The Director may, to the extent appropriate, require (by instructions in the application materials) that an applicant which proposes a project to conserve particular objects must show that, prior to the submission of the application, it has carried out a general survey of its conservation needs and priorities and that the project in question is consistent with such survey. In exceptional circumstances, the Director may adjust this requirement. The Director may also (through such instructions) require an applicant for a conservation project to submit additional information, material, or undertakings to carry out the purposes of this part. (h) Procedures for review of applications. (1) IMLS uses the procedures stated in this paragraph to review applications for conservation projects. (2) IMLS evaluates all eligible applications for conservation projects in accordance with applicable criteria. (See paragraph (i) of this section.) The Director expects to use panels of experts to review at least a portion of the applications for conservation grants. Depending upon the number of applications received as well as other factors, the Director may also use field reviewers to evaluate applications before submission of applications to the panels. In addition, the Director may E:\FR\FM\14DEP1.SGM 14DEP1 73972 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Proposed Rules use technical experts to provide technical advice regarding certain applications. (i) Criteria. This paragraph sets forth the general criteria which IMLS uses in evaluating and reviewing applications for conservation projects. (1) The following programmatic criteria apply to the evaluation and review of conservation grants: (i) What is the importance of the object or objects to be conserved? What is the significance of the object or objects to the museum’s collection and/ or audience? (ii) What is the need for the project, including the relationship of the project to the conservation needs and priorities of the applicant museum as reflected in a survey of conservation needs or similar needs assessment? (iii) What are the applicant’s plans to use and maintain the anticipated results or benefits of the project after the expiration of Federal support? (iv) Does the applicant plan to devote adequate financial and other resources to the project without inhibiting its ongoing activities? (2) The following technical criteria apply to the evaluation and review of applications for conservation grants: (i) What is the nature of the proposed project with respect to project design and management plan? (ii) To what extent does the application exhibit knowledge of the technical area to which the conservation project relates and employ the most promising or appropriate methods or techniques of conservation? To what extent is the conservation project likely to use, develop or demonstrate improved, more efficient, or more economic methods of conservation? (iii) Does the project have an adequate budget to achieve its purpose? Is the budget reasonable and adequate in relation to the objectives of the project? (iv) What are the qualifications of the personnel the applicant plans to use on the project and the proposed time that each such person is obligated to commit to the project? (j) Grant condition. An applicant which has received a grant in a prior fiscal year under the IMLS conservation grant program may not receive a grant in a subsequent fiscal year under this section until required reports have been submitted regarding the performance of the previous grant. (k) Allowable and unallowable costs. (1) Section 1180.56 of this chapter, which applies to conservation grants, sets forth the rules applicable to determining the allowability of costs under IMLS grants and refers applicants and grantees to the OMB circulars VerDate Aug<31>2005 15:28 Dec 13, 2005 Jkt 208001 containing applicable cost principles which govern Federal grants generally. (2) In general such costs as compensation for personal services, costs of materials and supplies, rental costs, and other administrative costs specifically related to a conservation project are allowable under a conservation grant in accordance with applicable cost principles. (3) Costs of alterations, repairs and restoration to an existing facility are allowable when they are related to a conservation project under a conservation grant in accordance with applicable cost principles. (4) Costs of equipment are generally allowable if related to a conservation project but do require specific approval as indicated in the grant award document. (5) A grantee may award a stipend to an individual for training in connection with a conservation project. (6) Costs of new construction are unallowable. For example, a museum may not a use a conservation grant to construct a new building or an addition to an existing building to improve the environment in which its collections are housed. Subpart E [Removed] 18. Remove subpart E—Assistance to Professional Museum Organizations, consisting of §§ 1180.77 through 1180.78. Subpart F [Removed] 19. Remove reserved subpart F. Subpart G [Removed] 20. Remove subpart G—Meetings of the National Museum Services Board, consisting of §§ 1180.80 through 1180.91. Appendix A to Part 1180 [Removed] 21. Remove Appendix A to Part 1180. [FR Doc. 05–24007 Filed 12–13–05; 8:45 am] BILLING CODE 7036–01–M FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 05–3010; MB Docket No. 05–316; RM– 11294] Radio Broadcasting Services; Arnold and City of Angels, California Federal Communications Commission. ACTION: Proposed rule. AGENCY: PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 SUMMARY: This document requests comments on a petition for rule making filed by KBYN, Inc. (‘‘Petitioner’’), licensee of Station KBYN(FM) (‘‘KNYN’’), Channel 240A, Arnold, California. Petitioner requests that the Commission reallot Channel 240A from Arnold to City of Angels, California, and modify Station KBNY’s license accordingly. The coordinates for Channel 240A at City of Angels are 38– 05–32 NL and 120–27–22 WL, with a site restriction of 8.6 kilometers (5.3 miles) east of City of Angels. DATES: Comments must be filed on or before January 17, 2006, and reply comments on or before January 31, 2006. ADDRESSES: Secretary, Federal Communications Commission, 445 12th Street, SW., Room TW–A325, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve Petitioner’s counsel, as follows: Dan J. Albert, Esq., The Law Office of Dan J. Albert; 2120 N. 21st Road; Arlington, Virginia 22201. FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. 05–316, adopted November 23, 2005 and released November 25, 2005. The full text of this Commission decision is available for inspection and copying during regular business hours in the FCC’s Reference Information Center at Portals II, 445 12th Street, SW., CY– A257, Washington, DC 20554. This document may also be purchased from the Commission’s duplicating contractors, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1–800–378–3160 or http:// www.BCPIWEB.com. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506 (C)(4). The provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in E:\FR\FM\14DEP1.SGM 14DEP1

Agencies

[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Proposed Rules]
[Pages 73967-73972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24007]


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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

Institute of Museum and Library Services

45 CFR Part 1180

RIN 3137-AA16


Technical Amendments To Reflect the New Authorizing Legislation 
of the Institute of Museum and Library Services

AGENCY: Institute of Museum and Library Services (IMLS), NFAH.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Institute of Museum and Library Services proposes to amend 
grants regulations by removing outdated regulations and making certain 
technical amendments to reflect

[[Page 73968]]

Congress' reauthorization of the Institute of Museum and Library 
Services under The Museum and Library Services Act of 2003. The 
proposed amendments also reorganize certain sections to provide greater 
clarity for agency applicants and grantees.

DATES: Comments are invited and must be received by no later than 
January 13, 2006.

ADDRESSES: Send comments to Nancy E. Weiss, General Counsel, Institute 
of Museum and Library Services, 1800 M Street, NW., Ninth Floor, 
Washington, DC 20036. Submit electronic comments to nweiss@imls.gov. 
Telephone (202) 653-4787. Facsimile: (202) 653-4625.

FOR FURTHER INFORMATION CONTACT: Nancy E. Weiss, General Counsel, 
Institute of Museum and Library Services, 1800 M Street, NW., Ninth 
Floor, Washington, DC 20036. E-mail: nweiss@imls.gov.Telephone: (202) 
653-4787. Facsimile: (202) 653-4625.

SUPPLEMENTARY INFORMATION:

I. Technical Amendments and Removal of the Institute's Outdated 
Regulations

    The Institute of Museum and Library Services Congress proposes to 
remove outdated regulations and make minor technical amendments to 
reflect Congress' reauthorization of the Institute of Museum and 
Library Services with The Museum and Library Services Act of 2003, 
Public Law 108-81 (September 25, 2003). These revisions are meant to 
fulfill the Institute's responsibility to its eligible grant applicants 
by ensuring that all regulations, policies, and procedures are up-to-
date. The regulations proposed for removal include regulations relating 
to programs and requirements no longer in existence at the Institute as 
a result of both agency practice and The Museum and Library Services 
Act of 2003. In the interests of economy of administration, and because 
all of the regulations proposed to be removed are outdated and the 
technical amendments are minor, they are included in one rulemaking 
vehicle.

II. Public Comment Procedures

    Comments should be submitted in writing to the address indicated in 
the ADDRESSES section of this document. All comments received will be 
available upon request for public inspection at the Institute of Museum 
and Library Services, 1800 M Street, NW., Ninth Floor, Washington, DC 
20036. All written comments received by the date included in the DATES 
section of this document and all other relevant information in the 
record will be carefully assessed and fully considered prior to 
implementation of the final rule. Any information considered to be 
confidential must be so identified and submitted in writing. We will 
not consider comments submitted anonymously. However, if you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment.
    The regulatory removal in this proposed rulemaking eliminates 
outdated regulations and makes technical amendments to reflect 
Congress' reauthorization of the Institute of Museum and Library 
Services under The Museum and Library Services Act of 2003 Public Law 
108-81 (September 25, 2003). These changes will ensure that all 
regulations governing provision of grants made by the Institute are 
consistent with current statutory guidance and agency practice. The 
proposed amendments also reorganize certain sections in 45 CFR Part 
1180 to provide greater clarity for agency applicants and grantees. The 
public is invited to make substantive comment on any of the changes in 
the proposed rule.

III. Matters of Regulatory Procedure

Regulatory Planning and Review (E.O. 12866)

    Under Executive Order 12866, the Institute must determine whether 
the regulatory action is ``significant'' and therefore subject to OMB 
review and the requirements of the Executive Order. The Order defines a 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interface 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    The proposed rule removes a number of outdated regulations and 
makes technical amendments to reflect Congress' reauthorization of the 
Institute of Museum and Library Services under The Museum and Library 
Services Act of 2003, Public Law 108-81 (September 25, 2003). As such, 
it does not impose a compliance burden on the economy genrerally or on 
any person or entity. Accordingly, this rule is not a ``significant 
regulatory action'' from an economic standpoint, and it does not 
otherwise create any inconsistencies or budgetary impacts to any other 
agency or Federal Program.

Regulatory Flexibility Act

    Because this proposed rule would remove outdated regulations and 
make certain technical amendments, the Institute has determined in 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) review that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities because it simply makes technical 
amendments and removes outdated regulations.

Paperwork Reduction Act

    This proposed rule is exempt from the requirements of the Paperwork 
Reduction Act, since it removes existing outdated regulations and makes 
only technical amendments to reflect Congress' reauthorization of the 
Institute of Museum and Library Services under The Museum and Library 
Services Act of 2003, Public Law 108-81 (September 25, 2003). An OMB 
form 83-1 is not required.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 25, subchapter II), this proposed rule will not significantly 
or uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, or by the private 
sector, of 4100 million or more as adjusted for inflation) in any one 
year.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. The proposed rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises

Takings (E.O. 12630)

    In accordance with Executive Order 12630, the proposed rule does 
not have

[[Page 73969]]

significant takings implications. No rights, property or compensation 
has been, or will be, taken. a takings implication assessment is not 
required.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132, this proposed rule does 
not have federalism implications that warrant the preparation of a 
federalism assessment.

Civil Justice Reform (E.O. 12988)

    In accordance with Executive Order 12988, the Institute has 
determined that this proposed rule does not unduly burden the judicial 
system and meets the requirements of sections 3(a) and 3(b)(2) of the 
Order.

Consultation With Indian Tribes (E.O. 13175)

    In accordance with Executive Order 13175, the Institute has 
evaluated this proposed rule and determined that it has no potential 
negative effects on federally recognized Indian tribes.

National Environmental Policy Act

    This proposed rule does not constitute a major Federal action 
significantly affecting the quality of the human environment.

List of Subjects in 45 CFR Part 1180

    Administrative practice and procedure, Government Contracts, Grant 
programs-education, Grant programs-Indians, Cooperative agreements. 
Federal aid programs, Grants administration, Libraries, Museums, 
Nonprofit Organizations, Colleges and universities, Report and 
recordkeeping requirements, and Sunshine Act.

    Dated: December 8, 2005.
Nancy E. Weiss,
General Counsel, Institute of Museum and Library Services.
    For the reasons stated in the preamble and under the authority of 
20 U.S.C. 9101 et seq., the Institute of Museum and Library Services 
proposes to amend 45 CFR Part 1180 as follows:

PART 1180--GRANTS REGULATIONS

    1. The authority citation for 45 CFR Part 1180 is revised to read 
as follows:

    Authority: 20 U.S.C. 9101-9176.

Subpart A [Revised]

    2. Revise Subpart A of Part 1180 to read as follows:

PART 1180--GRANTS REGULATIONS

Subpart A--Definitions and Eligibility
Sec.
1180.1 Scope of this part.
1180.2 Definition of a museum.
1180.3 Other definitions.
1180.4 Museum eligibility and burden of proof--Who may apply.
1180.5 Related institutions.
1180.6 Basic materials which an applicant must submit to be 
considered for funding.

Subpart A--Definitions and Eligibility


Sec.  1180.1  Scope of this part.

    This part establishes rules for the award of grants from funds 
appropriated under the Museum and Library Services Act, including rules 
governing the eligibility of applicant institutions, the type of 
assistance which may be provided, requirements which applicants must 
meet and criteria to be used in evaluating applications.


Sec.  1180.2  Definition of a museum.

    For the purpose of this part:
    (a) Museum means a public or private nonprofit institution which is 
organized on a permanent basis for essentially educational or aesthetic 
purposes and which, using a professional staff:
    (1) Owns or uses tangible objects, either animate or inanimate;
    (2) Cares for these objects; and
    (3) Exhibits them to the general public on a regular basis.
    (i) An institution which exhibits objects to the general public for 
at least 120 days a year shall be deemed to meet this requirement.
    (ii) An institution which exhibits objects by appointment may meet 
this requirement if it can establish, in light of the facts under all 
the relevant circumstances, that this method of exhibition does not 
unreasonably restrict the accessibility of the institution's exhibits 
to the general public.
    (b) Museums include, but are not limited to, the following types of 
institutions, if they otherwise satisfy the provision of this section:
    (1) Aquariums;
    (2) Arboretums;
    (3) Botanical gardens;
    (4) Art museums;
    (5) Children's museums;
    (6) General museums;
    (7) Historic houses and sites;
    (8) History museums;
    (9) Nature centers;
    (10) Natural history and anthropology museums;
    (11) Planetariums;
    (12) Science and technology centers;
    (13) Specialized museums; and
    (14) Zoological parks.
    (c) For the purposes of this section, an institution uses a 
professional staff if it employs at least one staff member, or the 
fulltime equivalent, whether paid or unpaid primarily engaged in the 
acquisition, care, or exhibition to the public of objects owned or used 
by the institution.
    (d)(1) Except as set forth in paragraph (d)(2) of this section, an 
institution exhibits objects to the general public for the purposes of 
this section if such exhibition is a primary purpose of the 
institution.
    (2) An institution which does not have as a primary purpose the 
exhibition of objects to the general public but which can demonstrate 
that it exhibits objects to the general public on a regular basis as a 
significant, separate, distinct, and continuing portion of its 
activities, and that it otherwise meets the requirements of this 
section, may be determined to be a museum under this section. In order 
to establish its eligibility, such as institution must provide 
information regarding the following:
    (i) The number of staff members devoted to museum functions as 
described in paragraph (a) of this section.
    (ii) The period of time that such museum functions have been 
carried out by the institution over the course of the institution's 
history.
    (iii) Appropriate financial information for such functions 
presented separately from the financial information of the institution 
as a whole.
    (iv) The percentage of the institution's total space devoted to 
such museum functions.
    (v) Such other information as the Director requests.
    (3) The Director uses the information furnished under paragraph 
(d)(2) of this section in making a determination regarding the 
eligibility of such an institution under this section.
    (e) For the purpose of this section, an institution exhibits 
objects to the public if it exhibits the objects through facilities 
which it owns or operates.


Sec.  1180.3  Other definitions.

    The following other definitions apply in this part:
    Act means The Museum and Library Services Act, Pub. L. 104-208 (20 
U.S.C. 9101-9176), as amended.
    Board means the National Museum and Services Board established by 
The Museum and Library Services Act of 2003, Pub. L. 108-81 (20 U.S.C. 
9105a).
    Collection includes objects owned, used or loaned by a museum as 
well as those literary, archival and documentary resources specifically 
required for the study and interpretation of these objects.
    Director means the Director of the Institute of Museum and Library 
Services.

[[Page 73970]]

    Foundation means the National Foundation on the Arts and the 
Humanities.
    Grantee means the recipient of a grant under the Act.
    Institute or IMLS means the Institute of Museum and Library 
Services established under Section 203 of the Act.
    Museum Services means services provided by a museum, primarily 
exhibiting objects to the general public, and including but not limited 
to preserving and maintaining its collections, and providing 
educational and other programs to the public through the use of its 
collections and other sources.


Sec.  1180.4  Museum eligibility and burden of proof--Who may apply.

    (a) A museum located in any of the 50 states of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, the United 
States Virgin Islands, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, the Republic of the Marshall Islands, the 
Federated States of Micronesia, and the Republic of Palau may apply for 
a grant under the Act.
    (b) A public or private nonprofit agency which a responsible for 
the operation of a museum may, if necessary, apply on behalf of the 
museum.
    (c) A museum operated by a department or agency of the Federated 
Government is not eligible to apply.
    (d) An applicant has the burden of establishing that it is eligible 
for assistance under these regulations.


Sec.  1180.5  Related institutions.

    (a) If two or more institutions are under the common control of one 
agency or institution or are otherwise organizationally related and 
apply for assistance under the Act, the Director determines under all 
the relevant circumstances whether they are separate museums for the 
purposes of establishing eligibility for assistance under these 
regulations, See Sec.  1180.4.
    (b) IMLS regards the following factors, among others, as showing 
that a related institution is a separate museum:
    (1) The institution has its own governing body;
    (2) The institution has budgetary autonomy; and
    (3) The institution has administrative autonomy.


Sec.  1180.6  Basic materials which an applicant must submit to be 
considered for funding.

    (a) Application. To apply for a grant, an applicant must submit the 
designated application form containing all information requested. 
Failure to submit information required by the application at the time 
of filing can subject an applicant to rejection of the application 
without consideration on its merits.
    (b) IRS letter. An applicant applying as a private, nonprofit 
institution must submit a copy of the letter from the Internal Revenue 
Service indicating the applicant's eligibility for nonprofit status 
under the applicable provision of the Internet Revenue Code of 1954, as 
amended.


Sec.  1180.30  Publication of application notices; content of notices.

    3. Amend Sec.  1180.30 as follows:
    a. Revise the section heading for Sec.  1180.30 to read as set 
forth above.
    b. Remove the phrase ``in the Federal Register''.
    4. Revise Sec.  1180.31 to read as follows:


Sec.  1180.31  Information in application notices.

    Application notices generally include:
    (a) How an applicant can get an application packet containing 
detailed information about the program including an application form;
    (b) Where an applicant must send its application;
    (c) The amount of funds for which an applicant may apply;
    (d) Any priorities established by the Institute for that year; and
    (e) A reference to the applicable regulations.
    5. Amend Sec.  1180.32 as follows:
    a. Amend paragraph (a) introductory text by removing the phrase 
``deadline'' and adding in its place the phrase ``the deadline''; and
    b. Add a new paragraph (d) to read as follows:


Sec.  1180.32  Deadline date for applications.

* * * * *
    (d) The Director of IMLS may publish, in applicable application 
notices and program guidelines, additional ways in which an application 
can be submitted to the agency electronically.


Sec.  1180.34  [Removed and Reserved]

    6. Remove and reserve Sec.  1180.34.


Sec.  1180.35  [Amended]

    7. Amend Sec.  1180.35 as follows:
    a. Amend paragraph (a), (b) introductory text, and (e) introductory 
text by removing the phrase ``museums'' and adding in its place the 
phrase ``applicants''; and
    b. Amend paragraph (b)(2) by removing the phrase ``museum'' and 
adding in its place the phrase ``applicant''.


Sec.  1180.38  [Removed and Reserved]

    8. Remove and reserve Sec.  1180.38.


Sec.  1180.44  [Amended]

    9. Amended Sec.  1180.44 as follows:
    a. Remove reserved paragraph (c);
    b. Redesignate paragraph (d) as paragraph (b); and
    c. Amend redesignated paragraph (b) by removing the phrase ``of 
museums''.


Sec.  1180.45  [Removed and Reserved]

    10. Remove and reserve Sec.  1180.45.
    11. Remove undesignated center heading ``RECORDS'' from before 
Sec.  1180.56 and revise Sec.  1180.56 to read as follows:


Sec.  1180.56  Allowable costs.

    (a) Determination of costs allowable under a grant is made in 
accordance with government-wide cost principles in applicable OMB 
circulars.
    (b) No costs shall be allowed for the purchase of any object to be 
included in the collection of a museum, except library, literary, or 
archival material specifically required for a designated activity under 
a grant under the Act.
    12. Revise Sec.  1180.57 to read as follows:


Sec.  1180.57  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.
    (b) The grantee may not use its grant to pay a consultant unless:
    (1) There is a need in the project for the services of that 
consultant; and
    (2) The grantee cannot meet that need through using an employee 
rather than a consultant.
    13. Revise Sec.  1180.58 to read as follows:


Sec.  1180.58  Duration of grants.

    The grantee may use grant funds during the period specified in the 
grant document unless the grant is suspended or terminated. If the 
grantee needs additional time to complete the grant, the grantee may 
apply for an extension of the grant period without additional funds. 
The Director or the Director's designee may approve this extension at 
his or her discretion.
    14. Add undesignated center heading ``RECORDS'' before Sec.  
1180.59; and revise Sec.  1180.59 to read as follows:


Sec.  1180.59  Records related to grant funds.

    A grantee shall, in accordance with applicable OMB circulars, keep 
records that show accurately and in full:
    (a) The amount of funds awarded under the grant;
    (b) The exact uses of the funds;
    (c) The total amount expended under the grant;

[[Page 73971]]

    (d) The amount expended under the grant during the grant period 
provided from non-Federal sources; and
    (e) Other records necessary to facilitate an effective audit.
    15. Add Sec.  1180.60 to read as follows:


Sec.  1180.60  Records related to compliance.

    A grantee shall, in accordance with applicable OMB circulars, keep 
accurate and full records to show its compliance with specific 
requirements set forth in the regulations and published notices, or 
contained in the grant award documents.
    16. Add Sec.  1180.61 to read as follows:


Sec.  1180.61  Records related to performance.

    (a) A grantee shall keep records demonstrating the progress and 
results under the grant and shall provide such records to the Institute 
upon request.
    (b) The grantee shall use the records created pursuant to paragraph 
(a) of this section to:
    (1) Determine progress in accomplishing objectives; and
    (2) Revise those objectives, if necessary and authorized under the 
grant.
    17. Revise Subpart D to read as follows:

Subpart D--Museum Conservation Assessment Program

Sec.
1180.70 Guidelines and standards for museum conservation projects.

Subpart D--Museum Conservation Program


Sec.  1180.70  Guidelines and standards for museum conservation 
projects.

    (a) Scope. The guidelines and standards in this subpart apply to 
all aspects of the IMLS conservation grant program including the 
submission of applications by museums for conservation grants, to the 
award, review and approval of such applications by IMLS, and to the 
carrying out of conservation grants awarded by IMLS.
    (b) Applicability of regulations. Except as otherwise provided in 
these guidelines, subparts A-C of this part, as amended, apply to the 
IMLS conservation grant program.
    (c) Definition. As used in these guidelines, the term conservation 
includes, but is not limited to, the following functions, as applied to 
art, history, natural history, science and technology, and living 
collections:
    (1) Technical examination of materials and surveys of environmental 
and collection conditions;
    (2) Provision, insofar as practicable, of optimum environmental 
conditions for housing, exhibition, monitoring, reformatting, nurturing 
and transportation of objects;
    (3) Physical treatment of objects, specimens and organisms, for the 
purpose of stabilizing, conserving and preserving their condition, 
removal of inauthentic additions or accretions, and physical 
compensation for losses; species survival activities; and
    (4) Research and training in conservation.
    (d) Applicants. A museum may apply for and receive only one 
conservation grant under this program in a fiscal year.
    (e) Types of conservation projects funded. IMLS considers 
applications to carry out conservation projects such as:
    (1) Projects to develop improved or less costly methods of 
conservation, or to maintain or improve conservation with respect to 
one or more collections, including--
    (i) Projects involving surveys of conservation needs and
    (ii) Projects to establish or maintain optimum environmental 
conditions.
    (2) Projects to conduct research in conservation (including 
developmental and basic research).
    (3) Projects to conduct or obtain training in conservation 
(including training of persons for careers as professional 
conservators; training or upgrading of practicing conservators and 
conservation technicians in the use of new materials and techniques; 
and training of persons to become conservation technicians).
    (4) Projects related to museum conservation needs not regularly 
addressed by other Federal funding agencies.
    (5) Projects to meet the conservation needs of museums which are 
unable to maintain their own individual conservation facilities. 
Because grants are made only to museums, organizations which operate 
regional conservation centers but which are not museums are ineligible 
for a direct grant. However, a museum or a group of museums may use a 
grant to obtain services from such a center.
    (6) Projects to conserve particular objects in a museums's 
collection (including plants and animals) or to meet the conservation 
needs of a particular museum (through such activities as the employment 
of conservators and the procurement of conservation services or 
equipment).
    (f) Limits for Federal funding. (1) The normal amount of a 
Conservation Project Support grant will be established in the 
applicable program guidelines. Unless otherwise provided by law, if the 
Director determines that exceptional circumstances warrant, the 
Director may award a conservation grant which obligates an amount in 
Federal funds in excess of the normal maximum award. IMLS 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.
    (2) IMLS makes conservation grants only on a matching basis. This 
means that at least 50 percent of the costs of a conservation project 
must be met from non-federal funds. Principles in applicable OMB 
circulars regarding costs sharing or matching apply.
    (g) Application requirements; priorities; survey required in 
certain cases. (1) Application requirements in Sec.  1180.6(a) and (b) 
apply. An application shall describe when, during the term of the 
grant, the applicant plans to complete each objective or phase of the 
project. Where appropriate, IMLS may require an applicant to submit a 
dissemination plan.
    (2) The Director, by notice published in the Federal Register, may 
establish priorities with respect to all or part of the funds available 
to IMLS for conservation for a fiscal year among the types of projects 
specified in paragraph (c) of this section.
    (3) The Director may, to the extent appropriate, require (by 
instructions in the application materials) that an applicant which 
proposes a project to conserve particular objects must show that, prior 
to the submission of the application, it has carried out a general 
survey of its conservation needs and priorities and that the project in 
question is consistent with such survey. In exceptional circumstances, 
the Director may adjust this requirement. The Director may also 
(through such instructions) require an applicant for a conservation 
project to submit additional information, material, or undertakings to 
carry out the purposes of this part.
    (h) Procedures for review of applications. (1) IMLS uses the 
procedures stated in this paragraph to review applications for 
conservation projects.
    (2) IMLS evaluates all eligible applications for conservation 
projects in accordance with applicable criteria. (See paragraph (i) of 
this section.) The Director expects to use panels of experts to review 
at least a portion of the applications for conservation grants. 
Depending upon the number of applications received as well as other 
factors, the Director may also use field reviewers to evaluate 
applications before submission of applications to the panels. In 
addition, the Director may

[[Page 73972]]

use technical experts to provide technical advice regarding certain 
applications.
    (i) Criteria. This paragraph sets forth the general criteria which 
IMLS uses in evaluating and reviewing applications for conservation 
projects.
    (1) The following programmatic criteria apply to the evaluation and 
review of conservation grants:
    (i) What is the importance of the object or objects to be 
conserved? What is the significance of the object or objects to the 
museum's collection and/or audience?
    (ii) What is the need for the project, including the relationship 
of the project to the conservation needs and priorities of the 
applicant museum as reflected in a survey of conservation needs or 
similar needs assessment?
    (iii) What are the applicant's plans to use and maintain the 
anticipated results or benefits of the project after the expiration of 
Federal support?
    (iv) Does the applicant plan to devote adequate financial and other 
resources to the project without inhibiting its ongoing activities?
    (2) The following technical criteria apply to the evaluation and 
review of applications for conservation grants:
    (i) What is the nature of the proposed project with respect to 
project design and management plan?
    (ii) To what extent does the application exhibit knowledge of the 
technical area to which the conservation project relates and employ the 
most promising or appropriate methods or techniques of conservation? To 
what extent is the conservation project likely to use, develop or 
demonstrate improved, more efficient, or more economic methods of 
conservation?
    (iii) Does the project have an adequate budget to achieve its 
purpose? Is the budget reasonable and adequate in relation to the 
objectives of the project?
    (iv) What are the qualifications of the personnel the applicant 
plans to use on the project and the proposed time that each such person 
is obligated to commit to the project?
    (j) Grant condition. An applicant which has received a grant in a 
prior fiscal year under the IMLS conservation grant program may not 
receive a grant in a subsequent fiscal year under this section until 
required reports have been submitted regarding the performance of the 
previous grant.
    (k) Allowable and unallowable costs. (1) Section 1180.56 of this 
chapter, which applies to conservation grants, sets forth the rules 
applicable to determining the allowability of costs under IMLS grants 
and refers applicants and grantees to the OMB circulars containing 
applicable cost principles which govern Federal grants generally.
    (2) In general such costs as compensation for personal services, 
costs of materials and supplies, rental costs, and other administrative 
costs specifically related to a conservation project are allowable 
under a conservation grant in accordance with applicable cost 
principles.
    (3) Costs of alterations, repairs and restoration to an existing 
facility are allowable when they are related to a conservation project 
under a conservation grant in accordance with applicable cost 
principles.
    (4) Costs of equipment are generally allowable if related to a 
conservation project but do require specific approval as indicated in 
the grant award document.
    (5) A grantee may award a stipend to an individual for training in 
connection with a conservation project.
    (6) Costs of new construction are unallowable. For example, a 
museum may not a use a conservation grant to construct a new building 
or an addition to an existing building to improve the environment in 
which its collections are housed.

Subpart E [Removed]

    18. Remove subpart E--Assistance to Professional Museum 
Organizations, consisting of Sec. Sec.  1180.77 through 1180.78.

Subpart F [Removed]

    19. Remove reserved subpart F.

Subpart G [Removed]

    20. Remove subpart G--Meetings of the National Museum Services 
Board, consisting of Sec. Sec.  1180.80 through 1180.91.

Appendix A to Part 1180 [Removed]

    21. Remove Appendix A to Part 1180.
[FR Doc. 05-24007 Filed 12-13-05; 8:45 am]
BILLING CODE 7036-01-M