[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Proposed Rules]
[Pages 17638-17641]
From the Federal Register Online via the Government Publishing 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: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail ([email protected]. 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 http://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 (http://www.archives.gov/nhprc) at least three months before the final
application due date.
(c) The NHPRC staff publishes notice of each announcement on http://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
http://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 http://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 http://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]
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