National Historical Publications and Records Commission; Proposal To Amend Regulations, 17638-17641 [2010-7779]

Agencies

• National Archives and Records Administration

[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Proposed Rules]
[Pages 17638-17641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7779]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1206

[FDMS Docket NARA-10-0001]
RIN 3095-AB67


National Historical Publications and Records Commission; Proposal 
To Amend Regulations

AGENCY: National Historical Publications and Records Commission, NARA.

ACTION: Proposed rule.

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SUMMARY: The National Historical Publications and Records Commission 
(NHPRC), National Archives and Records Administration (NARA), is 
proposing to amend its regulations by removing individual eligibility 
for NHPRC grants, changing the time for posting of grant opportunity 
announcements from four to three months before the application 
deadline, and reflecting the new Office of Management and Budget (OMB) 
requirement to use Standard Form (SF) 425, Federal Financial Report. 
These actions are necessary updates to our business processes and are 
intended to allow us greater flexibility to respond to changing needs 
and a simplified financial reporting form and process. This proposal 
also adjusts the order and format of the definitions section for 
consistency with other NARA regulations, and makes minor typographical 
changes for clarity and consistency.

DATES: Submit comments on or before June 7, 2010.

ADDRESSES: You may submit comments, identified by RIN 3095-AB67, by any 
of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail (laura.mccarthy@nara.gov. Include RIN 3095-AB67 in 
the subject line of the message.
     Mail: The National and Archives Records Administration; 
Policy and Planning Office; ATTN: Laura McCarthy; Room 4100, 8601 
Adelphi Road, College Park, MD 20740 (For paper, disk, or CD-ROM 
submissions. Include RIN 3095-AB67 on the submission).
    Instructions: All submissions received must include the agency name 
and Regulatory Information Number (RIN) for this rulemaking. All 
comments received may be published without changes, including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: Lucy Barber, Deputy Executive 
Director, National Historical Publications and Records Commission, 
National Archives and Records Administration, 700 Pennsylvania Avenue, 
NW., Room 106, Washington, DC 20408-0001, 202-357-5306.

SUPPLEMENTARY INFORMATION: The National Historical Publications and 
Records Commission (NHPRC) is the grantmaking arm of the National 
Archives and Records Administration (NARA). The NHPRC extends the 
National Archives mission to preserve and make accessible the nation's 
most important historical records by providing grants assistance to 
State/local governments and nonprofit institutions as they carry out 
such preservation and access work. The Commission is the sole Federal 
granting entity in the nation whose exclusive focus is on preservation 
of and increased access to the nation's historical records.
    In an effort to improve our program mission, we are removing 
individuals from eligibility. We have found it is more effective for 
eligible institutions to offer professional opportunities and manage 
Federally-funded grant projects than for the NHPRC to award grants to 
individuals directly. We believe this action will make it less 
confusing and time consuming to those individuals searching for grant 
opportunities. Currently, we have only one program, Publishing 
Historical Records, in which individuals are eligible to apply. The 
last successful application from an individual in this area was in 
2003. We have not received any eligible applications since then. 
Because of this, we feel that our customers recognize that they need 
institutional support to successfully complete such projects. The term 
``individuals'' has been removed from Sec. Sec.  1206.4, 1206.40, and 
1206.54.
    For our grant opportunity announcements, changing the posting time 
from four months to three months before the application deadline will 
give us greater flexibility to respond to changing needs, allowing us 
to offer better opportunities to our applicants. The change in the 
financial reporting form was required by the Office of Management and 
Budget, and is intended to make reporting easier for all Federal 
grantees.
    The other revisions to the current regulations, adjustments to the 
order and format of the definitions section for consistency with other 
NARA regulations and minor typographical changes, are proposed for 
clarity and consistency in format with other NARA regulations.
    This proposed amendment is not a significant regulatory action for 
the purposes of E.O. 12866. The proposed amendment is also not a major 
rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency 
Rulemaking. As required by the Regulatory Flexibility Act, it is hereby 
certified that this proposed rule will not have a significant impact on 
small entities.

List of Subjects in 36 CFR Part 1206

    Archives and records, Grant programs--education, Reporting and 
recordkeeping requirements.

    For the reasons stated in the preamble, NARA proposes to amend 
Title 36 of the Code of Federal Regulations, Part 1206, as follows:

[[Page 17639]]

PART 1206--NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

    1. The authority citation for part 1206 continues to read as 
follows:

    Authority: 44 U.S.C. 2104(a); 44 U.S.C. 2501-2506.

    Source: 71 FR 27624, May 12, 2006, unless otherwise noted.

Subpart A--[Amended]


Sec.  1206.1  [Removed]

    2. Section 1206.1 is removed.


Sec.  1206.2  [Redesignated as Sec.  1206.1]

    3. Redesignate Sec.  1206.2 as Sec.  1206.1.
    4. Revise Sec.  1206.3 to read as follows:


Sec.  1206.3  What definitions apply to the regulations in Part 1206?

    As used in Part 1206:
    Board refers to a State historical records advisory board.
    Commission (see NHPRC).
    Coordinator means the coordinator of a State historical records 
advisory board.
    Cost sharing means the financial contribution the applicant pledges 
toward the total cost of a project. Cost sharing can include both 
direct and indirect expenses, contributions provided by the applicant 
or by third parties as in-kind or cash contributions, and any income 
earned directly by the project.
    Direct costs means expenses that are attributable directly to the 
cost of a project, such as salaries, project supplies, travel expenses, 
equipment rented or purchased for the project, or services procured for 
the project.
    Grant opportunity announcement refers to a document published on 
the NHPRC Web site and at https://www.grants.gov that describes a type 
of grant offered, eligibility requirements, and application 
instructions.
    Guidance refers to a non-binding document published on the NHPRC 
Web site to clarify or explain Commission policy or to provide 
procedural details.
    Historical records means documentary material having permanent or 
enduring value, including manuscripts, personal papers, official 
records, maps, audiovisual materials, and electronic files.
    Historical records repository means organizations whose mission is 
to acquire, preserve, and promote the use of historical records. They 
include archives, special collections, museums, and historical 
societies.
    Indirect costs means costs incurred for common or joint objectives 
of an applicant's organization and therefore not attributable to a 
specific project or activity. Typically, indirect costs include items 
such as overhead for facilities maintenance and accounting services.
    NHPRC means members of the National Historical Publications and 
Records Commission acting as a body.
    NHPRC staff refers to the Executive Director and the staff of the 
Commission or the Executive Director of the Commission.
    State, in Sec. Sec.  1206.40 through 1206.42, means all 50 States 
of the Union, plus the District of Columbia, Puerto Rico, the U.S. 
Virgin Islands, Guam, American Samoa, and the Commonwealth of the 
Northern Mariana Islands.
    The Manual of Suggested Practices refers to ``The Manual of 
Suggested Practices for State Historical Records Advisory Boards.'' It 
is a type of guidance.
    5. Revise Sec.  1206.4 to read as follows:


Sec.  1206.4  What is the purpose of the Commission?

    The National Historical Publications and Records Commission (NHPRC 
or Commission), a statutory body affiliated with the National Archives 
and Records Administration (NARA), supports a wide range of activities 
to preserve, publish, and encourage the use of primary documentary 
sources. Through the NHPRC's grant programs, training programs, and 
special projects, the Commission offers advice and assistance to State 
and local government agencies, non-Federal nonprofit organizations and 
institutions, and Federally-acknowledged or State-recognized Native 
American Tribes or groups committed to the preservation, publication, 
or use of United States documentary resources.
    6. Amend Sec.  1206.8 by revising paragraphs (b), (d) and (e) to 
read as follows:


Sec.  1206.8  How do you operate the grant program?

* * * * *
    (b) The Commission establishes grant program priorities as 
reflected in its grant opportunity announcements and, from time-to-
time, issues non-binding, clarifying guidance documents through the 
NHPRC Web site.
* * * * *
    (d) The purpose and work plan of all NHPRC-funded grant projects 
must be in accord with current Commission program guidance as reflected 
in the grant opportunity announcements.
    (e) The Commission makes funding recommendations to the Archivist 
of the United States, who has the authority to award grants.
    7. Amend Sec.  1206.10 by revising paragraphs (b) and (c) to read 
as follows:


Sec.  1206.10  How do you make grant opportunities known?

* * * * *
    (b) The NHPRC staff prepares grant opportunity announcements 
consisting of all information necessary to apply for each grant and 
publishes the announcements on the NHPRC Web site (https://www.archives.gov/nhprc) at least three months before the final 
application due date.
    (c) The NHPRC staff publishes notice of each announcement on https://www.grants.gov, a Federal government Web site widely available to the 
public, at least three months before the final application due date.
    8. Amend Sec.  1206.12 by revising paragraph (a) to read as 
follows:


Sec.  1206.12  What are my responsibilities once I have received a 
grant?

    (a) Comply with all Federal regulations about grants administration 
that are contained in Sec.  1206.72.
* * * * *

Subpart B--[Amended]

    9. Amend Sec.  1206.24 by revising paragraph (a) introductory text 
to read as follows:


Sec.  1206.24  What type of proposal is ineligible for a publications 
grant?

    (a) The Commission does not support:
* * * * *

Subpart C--[Amended]

    10. Amend Sec.  1206.32 by revising paragraphs (a) and (b) 
introductory text to read as follows:


Sec.  1206.32  What type of proposal is eligible for a records grant?

    (a) The Commission provides grants to historical records 
repositories for locating, preserving and encouraging use of records 
held by State, local, and other governmental units and private archives 
and collections of papers maintained in non-Federal, nonprofit 
repositories and special collections relating to the study of American 
history.
    (b) The Commission provides support to historical records 
repositories and other institutions for:
* * * * *
    11. Amend Sec.  1206.34 by revising the introductory text to read 
as follows:

[[Page 17640]]

Sec.  1206.34  What type of proposal is ineligible for a records grant?

    In addition to other programmatic limitations established by the 
Commission as found in the grant opportunity announcements, NHPRC does 
not support proposals:
* * * * *

Subpart D--[Amended]

    12. Amend Sec.  1206.40 by revising paragraph (a) to read as 
follows:


Sec.  1206.40  What is a State records program?

    (a) Each State is eligible to receive NHPRC grants to support the 
work of the State historical records advisory board (board); to operate 
statewide historical records services; and to make sub-grants to 
eligible organizations within the State in support of historical 
records activities.
* * * * *
    13. Amend Sec.  1206.41 by revising paragraph (a) and the first and 
last sentences of paragraph (b) as follows:


Sec.  1206.41  What is a State historical records advisory board and 
how is it constituted?

    (a) Responsibilities. The board is the central advisory body for 
historical records coordination within the State and for NHPRC State 
and local records projects within the State. The board engages in 
planning; it develops, revises, and submits to the Commission a State 
plan including priorities for State historical records projects 
following ``The Manual of Suggested Practices.'' The board reviews all 
State and local records projects within the State and makes 
recommendations for State projects to the Commission.
    (b) * * * Each State participating in the NHPRC State program must 
adopt an appointment process and appoint a board following ``The Manual 
of Suggested Practices.'' * * * The board should be as broadly 
representative as possible of the public and private archives, records 
offices, and research institutions and organizations in the State.
    14. Amend Sec.  1206.42 by revising paragraph (a), the first two 
sentences of paragraph (b), and paragraph (c) to read as follows:


Sec.  1206.42  What is a State coordinator?

    (a) Duties. The State coordinator (coordinator) is the officer 
responsible for the NHPRC State program. He or she reports the State 
board appointment process, membership and recommendations to the NHPRC 
at least on an annual basis and may serve as chair of the board and may 
perform other duties following applicable State statute or regulation 
and ``The Manual of Suggested Practices.''
    (b) * * * The coordinator should be the full-time professional 
official in charge of the State archival program or agency, unless 
otherwise specified in State statute or regulation. The coordinator 
serves ex officio, unless otherwise specified in State statute or 
regulation. * * *
    (c) Replacement. In the absence of a deputy coordinator, the State 
board may select an acting coordinator until another coordinator is 
appointed, in order to conduct the necessary business of the board.


Sec.  1206.43  [Amended]

    15. Amend Sec.  1206.43 by capitalizing the ``S'' in the word 
``State'' in the heading and in the text.
    16. Revise Sec.  1206.44 to read as follows:


Sec.  1206.44  Who is eligible for sub-grants?

    All organizations located within a State that has an active State 
historical records board and entities defined in Sec.  1206.54 may be 
eligible, as determined by the board.
    17. Amend Sec.  1206.45 by revising the heading and paragraphs 
(a)(1), (b), and (c) to read follows:


Sec.  1206.45  What rules govern sub-grant distribution, cost sharing, 
grant administration, and reporting?

    (a) * * *
    (1) The distribution of re-grant funds;
* * * * *
    (b) Each participating State is responsible for ensuring that the 
sub-grantees comply with Federal grant administration and reporting 
requirements.
    (c) Each participating State must annually prepare a report to the 
NHPRC on its sub-grant program, following the requirements outlined in 
Sec.  1206.80.

Subpart E--[Amended]

    18. Amend Sec.  1206.50 by revising the first two sentences of 
paragraph (a)(1) and the first sentence of paragraph (a)(2) to read as 
follows:


Sec.  1206.50  What types of funding and cost sharing arrangements does 
the Commission make?

    (a) * * * (1) * * * A matching grant is a Federal grant awarded 
only after the applicant raises its share of non-Federal support for a 
project. We will match only funds raised from non-Federal sources, 
either monies provided by the applicant's own institution specifically 
for the project or from a non-Federal third-party source. * * *
    (2) * * * However, outright grants usually include a cost sharing 
requirement. * * *
* * * * *


Sec.  1206.52  [Amended]

    19. Amend Sec.  1206.52 by removing the words ``We describe'' and 
adding in thir place the words ``The Commission describes.''
    20. Revise Sec.  1206.54 to read as follows:


Sec.  1206.54  Who may apply for NHPRC grants?

    The Commission will consider applications from State government 
agencies in States where there is an active board; local government 
agencies; United States nonprofit organizations and institutions, 
including institutions of higher education; or Federally-acknowledged 
and State-recognized American Indian Tribes or groups.
    21. Revise Sec.  1206.56 to read as follows:


Sec.  1206.56  When are applications due?

    The Commission generally meets twice a year, and considers grant 
proposals submitted by the deadlines set by the Commission. The 
deadlines are published in each grant opportunity announcement and at 
https://www.grants.gov. All proposals must be submitted by the published 
deadline.
    22. Amend Sec.  1206.58 by revising paragraphs (a), (b) 
introductory text, (b)(1)(i), (b)(1)(ii), and (b)(2), and by removing 
paragraphs (b)(1)(iii) and (b)(3) to read as follows:


Sec.  1206.58  Whom may I contact about applying for a grant?

    (a) Contact the NHPRC staff. The Commission encourages you to 
discuss your proposal through correspondence, by phone, or in person 
with NHPRC staff.
    (b) Contact your State Historical Records Advisory Board as 
appropriate. NHPRC encourages you to discuss your proposal with your 
State historical records coordinator at all stages of your proposal's 
development and before you submit the proposal.
    (1) * * *
    (i) Your proposal is for publications or subvention projects; or
    (ii) You are an American Indian Tribe.
* * * * *
    (2) You will find the staff contacts and a list of State historical 
records coordinators on the Commission's Web site at https://www.archives.gov/nhprc.


Sec.  1206.60  [Amended]

    23. Amend Sec.  1206.60 by removing the word ``Web'' and adding in 
its place the word ``Web''.

[[Page 17641]]

    24. Revise Sec.  1206.64(a) to read as follows:


Sec.  1206.64  What formal notification will I receive, and will it 
contain other information?

    (a) Successful grant applicants will receive a formal grant award 
document. The document and attachments specify terms of the grant. 
NHPRC staff notifies project directors informally of awards and any 
conditions soon after the Archivist approves the grants.
* * * * *

Subpart F--[Amended]


Sec.  1206.70  [Amended]

    25. Amend Sec.  1206.70 by removing the second sentence.
    26. Amend Sec.  1206.72 by revising paragraph (a) to read as 
follows:


Sec.  1206.72  What are, and where can I find, the regulatory 
requirements that apply to NHPRC grants?

    (a) In addition to this Part 1206, NARA has issued other 
regulations that apply to NHPRC grants in 36 CFR Parts 1200 to 1212 and 
2 CFR Part 2600. NARA also applies the principles and standards in the 
following regulations and Office of Management and Budget (OMB) 
Circular for NHPRC grants:
    (1) 2 CFR Part 220 Cost Principles for Educational Institutions 
(OMB Circular A-21);
    (2) 2 CFR Part 225 Cost Principles for State, Local, And Indian 
Tribal Governments (OMB Circular A-87);
    (3) 2 CFR Part 230 Cost Principles for Non-Profit Organizations 
(OMB Circular A-122); and
    (4) OMB Circular A-133, ``Audits of States, Local Governments, and 
Nonprofit Organizations.'' This circular is available at https://www.whitehouse.gov/omb/circulars_default.
* * * * *


Sec.  1206.74  [Amended]

    27. Amend Sec.  1206.74 by removing the word ``Commission'' and by 
adding ``NHPRC'' in its place.
    28. Revise Sec.  1206.76 to read as follows:


Sec.  1206.76  May I receive an extension to my grant project?

    Yes, requests for extensions of the grant period should be signed 
by the grantee's authorized representative and submitted not more than 
two months before the scheduled end of the grant period. The NHPRC will 
not allow extensions unless a project is up-to-date in its submission 
of financial and narrative reports.


Sec.  1206.80  [Amended]

    29. Amend Sec.  1206.80(a) by removing the word ``status'' from 
between the words ``financial'' and ``reports.''
    30. Revise Sec.  1206.82 to read as follows:


Sec.  1206.82  What is the format and content of the financial report?

    Grant recipients must submit financial reports on Standard Form 425 
and have them signed by the grantee's authorized representative or by 
an appropriate institutional fiscal officer.
    31. Amend Sec.  1206.84 by revising the second sentence of 
paragraph (a) and removing paragraph (c) to read as follows:


Sec.  1206.84  What is the format and content of the narrative report? 
[Amended]

    (a) * * * The report should include a summary of project 
activities; whether the project proceeded on schedule; any revisions of 
the work plan, staffing pattern, or budget; any Web address created by 
the project; and any other press releases, articles, or presentations 
relating to the grant project or its products. * * *
* * * * *
    32. Revise Sec.  1206.86 to read as follows:


Sec.  1206.86  What additional materials must I submit with the final 
narrative report?

    You must submit the materials required in the NHPRC grant 
announcements and in the grant award document.
    33. Amend Sec.  1206.88 by removing the phrase ``the National 
Archives and Records Administration (NARA)'' and by adding ``NARA'' in 
its place.

    Dated: March 31, 2010.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2010-7779 Filed 4-6-10; 8:45 am]
BILLING CODE 7515-01-P