OUR TOWN Award Administration
National Historic Preservation Act and/or the National Environmental Policy Act Review
If you are recommended for a grant, your project may be subject to the National Historic Preservation Act (NHPA) and/or the National Environmental Policy Act (NEPA) and the National Endowment for the Arts will conduct a review of your project to ensure that it is in compliance NHPA/NEPA.
Some of the common project types that garner a NHPA review are:
- A project involving or occurring near a district, site, building, landscape, structure or object that is 50 years old and therefore potentially eligible for inclusion in the National Register of Historic Places (note that in some instances, buildings or structures may be included in or eligible for inclusion in the National Register of Historic Places that are less than 50 years old).
- The commissioning and installation of temporary or permanent outdoor furnishings such as benches or market structures or art such as a sculpture or mural.
- An outdoor arts festival.
- Design planning and services for projects that may involve a historic site, structure, or district.
This review and approval process may take up to several months to complete and may delay your project's start date. The results of the review may impact our ability to make a grant award/our ability to release grant funds. If you are recommended for an award which may have historic preservation or environmental concerns (NHPA/NEPA), you will be notified and asked to provide additional information. Thorough and complete information for all project activities and locations will expedite the review. The Arts Endowment cannot release an award and/or grant funds until the NHPA/NEPA review is complete.
Federal regulations require that all Arts Endowment-funded projects be accessible to people with disabilities. Funded activities must be held in a physically accessible venue and program access and effective communication must be provided for participants and audience members with disabilities. If your project is recommended for funding, you will be asked to provide detailed information describing how you will make your project physically and programmatically accessible to people with disabilities:
- Buildings and facilities (including projects held in historic facilities), should be physically accessible. This includes, but is not limited to: ground-level entry, ramped access, and/or elevators to the venue; integrated and dispersed wheelchair seating in assembly areas; wheelchair-accessible box office, stage, and dressing rooms; wheelchair-accessible display cases, exhibit areas, and counters; and wheelchair-accessible restrooms and water fountains.
- The programmatic offering should be accessible either as part of the funded activity or upon request, where relevant. This can include, but is not limited to: contact information for requesting accommodations; electronic materials and websites; print materials in alternative formats, such as large-print brochures/labels, Braille, and electronic/digital formats; accommodations for performance, tours, and lectures, such as audio description, tactile opportunities, sign language interpretation, and real-time captioning; closed/open captioning of video and film; and assistive listening devices.
See the Nondiscrimination Statutes in our "Assurance of Compliance" for additional information. For technical assistance on how to make your project fully accessible, contact the Accessibility Office at firstname.lastname@example.org, 202/682-5532 Voice or the Civil Rights Office at 202/682-5454 or 202/682-5082 Voice/T.T.Y., or see our online Accessibility Resources.
Changes in Projects
Applicants must notify the National Endowment for the Arts immediately of any significant changes in their project that occur after they have submitted their application. If the project or the organization's capacity changes significantly before an award is made, the Arts Endowment may revise or withdraw the funding recommendation.
Grantees are expected to carry out a project that is consistent with the proposal that was approved for funding by the National Endowment for the Arts. If changes in the project are required, the grantee must submit a request with justification for the change(s) through a proper REACH account for the award for review by the Office of Grants Management. Approval is not guaranteed. Detailed information is included the National Endowment for the Arts General Terms & Conditions.
Project Reporting and Evaluation
We ask all applicants to define what they would like to achieve, how they will evaluate the degree to which it is achieved, and, upon completion of the project, what they have learned from their experiences. Such feedback need not entail large-scale or expensive evaluation efforts. You should do what is feasible and appropriate for your organization and project. When a grant is completed, you must submit a final report and answer questions detailing your accomplishments, who benefited, and the resulting impact of your project as well as list the involvement of key partners, funders, and artists. We recognize that some projects involve risk, and we want to hear about both your successes and failures. Failures can provide valuable learning experiences, and reporting them will have no effect on your ability to receive Arts Endowment funds in the future.
All Our Town grantees will be assigned the agency's strengthening communities objective. Before applying, review the reporting requirements for the agency's strengthening communities objective. Given the nature of Our Town projects, benefits are likely to emerge over time and may not be fully measurable during the period of a grant. You will need to provide evidence of progress toward achieving improved strengthening of the community(ies) as appropriate to the project.
Grantees must clearly acknowledge support from the National Endowment for the Arts in their programs and related promotional material including publications and websites. Additional acknowledgment requirements may be provided later.
Beyond the reporting requirements for all grantees, selected Our Town grantees may be asked to assist in the collection of additional information that can help the National Endowment for the Arts determine the degree to which agency objectives were achieved. For example, Our Town grantees may be asked to participate in surveys or interviews, and/or may be asked to assist in publicizing and promoting these data collection efforts. You may be contacted to provide evidence of project accomplishments including, but not limited to, work samples, community action plans, cultural asset studies, programs, reviews, relevant news clippings, and playbills. Remember that you are required to maintain project documentation for three years following submission of your final report.
We may publish grantees' reports and products on our website. Note that all federal grantmaking agencies retain a royalty-free right to use all or a portion of grantees' reports and products for federal purposes.
Grant decisions for the Our Town category are expected to be announced in April 2021.
Note that the "announcement" is likely to take the form of a preliminary congratulatory note, a request for project/budget revisions, or a rejection notification. The official grant award notification (i.e., a notice of action authorized by the National Endowment for the Arts Office of Grants Management) is the only legal and valid confirmation of award. Receipt of your official award notification can take several months depending on a number of factors such as reviewing changes to the project budget, the number of awards to be processed, whether the agency has its appropriation from Congress, etc.
Implementation of Title 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
This guidance from the federal government's Office of Management and Budget (OMB) establishes clarity and consistency of the pre- and post-award requirements applicable to federal grantees. Under the authority listed above, the National Endowment for the Arts adopts the OMB Guidance in 2 CFR part 200 under §3255.1 Adoption of 2 CFR Part 200. This part gives regulatory effect to the OMB guidance and supplements the guidance as needed for the National Endowment for the Arts.
General Terms & Conditions
Federal and agency requirements that relate to grants awarded by the National Endowment for the Arts are highlighted in our General Terms & Conditions (GTC). The GTC incorporates the adoption of 2 CFR Part 200 by reference. The document also explicitly identifies where the National Endowment for the Arts has selected options offered in the regulation, such as budget waivers and requirements for use of program income. It also includes agency requirements for cost share/matching funds reporting requirements, amendment processes, and termination actions. Grantees must review, understand, and comply with these requirements.
NOTE: This list highlights some of the significant legal requirements that may apply to an applicant or grantee however, it is not exhaustive. More information regarding these and other legal requirements may be found at Appendix A of our General Terms & Conditions (GTC) which sets forth the National Policy and Other Legal Requirements, Statutes, and Regulations that Govern Your Award. Note that there may be other applicable legal requirements that are not listed here.
By law, the National Endowment for the Arts may support only those organizations that:
- Are tax-exempt. Organizations qualifying for this status must meet the following criteria:
1. No part of net earnings may benefit a private stockholder or individual.
2. Donations to the organization must be allowable as a charitable contribution under Section 170(c) of the Internal Revenue Code of 1954, as amended.
For further information, go to the Internal Revenue Service's (IRS) website.
Organizations who have had their IRS status revoked are not eligible for National Endowment for the Arts support. It is your responsibility to ensure that your status is current at the time of the application and throughout the life of your award.
Compensate all professional performers and related or supporting professional personnel on National Endowment for the Arts-supported projects at no less than the prevailing minimum compensation. (This requirement is in accordance with regulations that have been issued by the Secretary of Labor in 29 C.F.R. Part 505. This part does not provide information on specific compensation levels.)
Ensure that no part of any National Endowment for the Arts-supported project will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees involved.
- Are tax-exempt. Organizations qualifying for this status must meet the following criteria:
Some legal requirements apply to every applicant, for example:
Compliance with the federal requirements that are outlined in the "Assurance of Compliance" below.
Debarment and Suspension procedures. The applicant must comply with the record keeping and other requirements set forth in Subpart C of 2 CFR 180, as adopted by the Arts Endowment in 2 CFR 3254. Failure to comply may result in the debarment or suspension of the grantee and the Arts Endowment suspending, terminating and/or recovering funds.
Federal Debt Status (OMB Circular A-129). Processing of applications will be suspended when applicants are delinquent on federal tax or non-tax debts, including judgment liens against property for a debt to the federal government. An organization's debt status is displayed in the System for Award Management (SAM). New awards will not be made if an applicant is still in debt status as of September 1.
Labor Standards (29 CFR pt 505). If a grant is awarded, the grantee must comply with the standards set out in Labor Standards on Projects or Productions Assisted by Grants from the National Endowment for the Arts and Humanities.
The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq. and 2 C.F.R. Part 3256). The grantee is required to publish a statement regarding its drug-free workplace program as well as comply with other requirements.
Some legal requirements apply depending upon what the grant is funding, for example:
If your project activities have the potential to impact any structure that is eligible for or on the National Register of Historic Places, adjacent to a structure that is eligible for or on the National Register of Historic Places, or located in an historic district, you will be asked to provide additional information about your project or take additional action so that the agency can review and comply with the National Historic Preservation Act (NHPA). NHPA also applies to any planning activities that may affect historic properties or districts. The additional agency review must be completed prior to any agency funds being released.
If your project activities have the potential to impact the environment or environmentally sensitive resources, you will be required to provide information in accordance with the National Environmental Policy Act (NEPA). The additional agency review must be completed prior to any agency funds being released.
If your contract is over $2,000 and involves the construction, alteration, or repair of public buildings or public works, it must contain a clause setting forth the minimum wages to be paid to laborers and mechanics employed under the contract in accordance with The Davis-Bacon and Related Acts (DBRA)
Some legal requirements apply depending upon who the Applicant is, for example:
The Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C. 3001 et seq.) – which applies to any organization that controls or possesses Native American human remains and associated funerary objects and receives Federal funding, even for a purpose unrelated to the Act (25 USC 3001 et seq.)
By signing and submitting its application form on Grants.gov, the Applicant certifies that it is in compliance with the statutes outlined below and all related National Endowment for the Arts regulations and will maintain records and submit the reports that are necessary to determine compliance.
We may conduct a review of your organization to ensure that it is in compliance with these statutes. If the Arts Endowment determines that a grantee has failed to comply with these statutes, it may suspend or terminate the award, and/or recover funds. This assurance is subject to judicial enforcement.
On the grounds of race, color, or national origin, in accordance with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), implemented by the Arts Endowment at 45 U.S.C.1110.
On the grounds of disability, in accordance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 ("ADA"), as amended, (42 U.S.C. 12101-12213), implemented by the Arts Endowment at 45 U.S.C. 1151. The ADA's requirements apply regardless of whether you receive federal funds.
On the basis of age, in accordance with the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) implemented by the Arts Endowment at 45 U.S.C.1156.
On the basis of sex, in any education program or activity, in accordance with Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
Applicant will inform the public that persons who believe they have been discriminated against on the basis of race, color, national origin, disability, sex, or age may file a complaint with the Director of Civil Rights at the Arts Endowment.
Applicant will forward all complaints for investigation and any finding issued by a Federal or state court or by a Federal or state administrative agency to:
Director, Office of Civil Rights
National Endowment for the Arts
400 7th Street, SW
Washington, DC 20506
Applicant shall maintain records of its compliance and submission for three (3) years. The Applicant will compile, maintain and permit access to records as required by applicable regulations, guidelines or other directives.
The Applicant must also certify that it will obtain assurances of compliance from all subrecipients and will require all subrecipients of Arts Endowment funds to comply with these requirements.
The United States has the right to seek judicial or administrative enforcement of this assurance.
For further information and copies of the nondiscrimination regulations identified above, contact the Office of Civil Rights at 202/682-5454 or 202/682-5082 Voice/T.T.Y. For inquiries about limited English proficiency, go to http://www.lep.gov, the FOIA Reading Room, or contact the Office of General Counsel at GeneralCounsel@arts.gov or 202/682-5418.