The following certifications are required to receive Humanities Montana funds:
- Not a "for-profit" Entity
Applicant/grantee asserts and affirms that it is not a "for-profit" entity.
- Acknowledgement of Support and Disclaimer
Applicant/grantee agrees all materials publicizing or resulting from grant activities shall contain an acknowledgment of NEH and Humanities Montana support. The acknowledgment shall also include, whenever possible, the following statement: "Any views, findings, conclusions or recommendations expressed in this (publication) (program) (exhibition) (website) do not necessarily represent those of the National Endowment for the Humanities nor Humanities Montana."
- Dissemination of Agreement/Grant Results
Applicant/grantee agrees the results of work conducted under the agreement/grant will be published or otherwise be made publicly available. Applicant/grantee further agrees:
- The applicant/grantee may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under its agreement/grant. The NEH and Humanities Montana reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish or otherwise use these materials for Federal or Humanities Montana purposes and to authorize others to do so. These purposes include the use of grant products in activities or programs undertaken by the Federal Government or Humanities Montana, in response to a governmental request, or as otherwise required by Federal law. However, the Federal Government's or Humanities Montana's use of copyrighted materials is not intended to interfere with or disadvantage the grantee or assignee in the sale and distribution of the grant product.
- In response to a Freedom of Information Act request for research data developed under the agreement/grant, the applicant/grantee shall provide within a reasonable time, the research data so they can be made available to the public. The requestor may be charged a reasonable fee equal to the full incremental cost of obtaining the data including applicant/grantee costs, Humanities Montana costs, and NEH costs.
- Data Collection
Data collection activities performed under the agreement/grant are the responsibility of the applicant/grantee, and the NEH's support of grant activities does not constitute approval of the survey design, questionnaire content, or data collection procedures. The applicant/grantee shall not represent to respondents that such data are being collected for, or in association with, the NEH, Humanities Montana, or any other government agency without the specific written approval of the data collection plan. However, this requirement is not intended to preclude mention of NEH's and Humanities Montana's support of grant activities in response to an inquiry or acknowledgment of such support in any publication of this data. The Federal Government and Humanities Montana have the right to obtain, reproduce, publish or otherwise use the data first produced under a grant and authorize others to receive, reproduce, publish or otherwise use such data for Federal or Humanities Montana purposes.
The applicant/grantee agrees it will comply with the following non-discrimination statutes and their implementing regulations:
- Title VI of the Civil Rights Act of 1964, as amended, provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Title VI also extends protection to persons with limited English proficiency. (42 U.S.C. 2000d et seq.)
- Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subject to discrimination under any education program or activity receiving federal financial assistance. (20 U.S.C. 1681 et seq.)
- The Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. (42 U.S.C. 6101 et seq.)
- Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his/her disability, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. (29 U.S.C. 794)
- The Americans with Disabilities Act of 1990 ("ADA") prohibits discrimination on the basis of disability in employment (Title I), state and local government services (Title II), and places of public accommodation and commercial facilities (Title III). (42 U.S.C. 12101-12213)
- Native American Graves Protection and Repatriation Act of 1990
Applicants/grantees agree to comply with the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA - 25 U.S.C. 3001 et seq, and 43 CFR Part 10) which provides protection of Native American graves and items, i.e., human remains, funerary objects, and sacred objects. NAGPRA applies to any organization which controls or possesses Native American human remains and associated funerary objects and which receives federal funding, even for a purpose unrelated to the Act. More information may be found at http://www.cr.nps.gov/nagpra.
- Code of Ethics for Projects Related to Native Americans
Applicant/grantees have the responsibility of ensuring that researchers and scholars working on NEH-sponsored projects related to Native Americans, Aleut, Eskimo, or Native Hawaiian peoples will adhere to certain provisions protecting the rights of native communities and peoples as detailed in the Code of Ethics for Projects Related to Native Americans. The code is available on the NEH Web site: http://www.neh.gov/grants/guidelines/otherthings.html#nativeamerican.
- Research Misconduct
Research misconduct is defined as fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Applicant/grantee agrees it will not engage in research misconduct and further agrees to comply with applicable portions of the NEH Research Misconduct Policy found at: http://www.neh.gov/grants/guidelines/researchmiscounduct.html.
- Administrative, Cost Accounting, and Audit Requirements
- Applicant/grantee agrees to comply with uniform administrative requirements of OMB Circular A-110.
- As applicable, applicant/grantee agrees to comply with allowable cost and cost allocation principles found in OMB Circulars A-21 (higher education institutions), A-87 (state, local, and tribal governments), or A-122 (not-for-profit organizations).
- For organizations with annual Federal expenditures exceeding $500,000, applicant/grantee agrees to comply with the audit requirements of OMB Circular A-133.
- Cost Sharing and In-Kind Contributions
Applicant/grantee agrees to provide cost sharing contributions equal to or greater than amount included in their application. Applicant must keep records documenting these cash and/or in-kind contributions.
- Cash and in-kind contributions must be directly related to the accomplishment of the project objectives, must be incurred during the grant period, and must be allowable costs under applicable cost principles (#9 above).
- In-kind contributions must be valued at rates that are reasonable and normal for similar salaries, services, and goods in the locality of the project.
- Records Retention
Applicant/grantee agrees to retain all financial records, supporting documentation, statistical records, and all other records pertinent to the grant/agreement for eight years. Applicant/grantee further agrees to inspection and/or audit of these records by Humanities Montana, the NEH, the Comptroller General of the United States, and any of their duly authorized representatives.
In accord with the Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, and 18 U.S.C. 1913, the applicant/grantee agrees to comply with the prohibition of the use of appropriated federal funds to 1) influence members of Congress regarding legislation or appropriations; and 2) influence the Executive or Legislative Branches of the Federal government in connection with a specific contract, grant, cooperative agreement, loan, or any other award covered by the Amendment and its implementing regulations.
- Agreement/Grant Termination Suspension
Applicant/grantee agrees the agreement/grant may be suspended or terminated, in whole or in part, by Humanities Montana or NEH if:
Normally the applicant/grantee will be notified of any proposed suspension or termination in writing and given 90 days to correct any deficiencies. But NEH or Humanities Montana may immediately suspend or terminate an agreement/grant to protect its legitimate interests or those of the Federal government. An applicant/grantee whose agreement/grant has been suspended or terminated shall provide an accounting of finances and progress to Humanities within 30 days of the suspension or termination. An applicant/grantee may appeal a suspension or termination to the Board of Humanities Montana who will make a final decision at its next full meeting.
- applicant/grantee materially fails to comply with terms and conditions of the award or agreement/grant;
- other reasonable cause;
- when ordered under NEH Research Misconduct Policy;
- the applicant/grantee mutually agree; or
- the grantee sends Humanities Montana written notification setting forth the reasons, the effective date, and, in the case of partial termination, the portion of the project to be terminated. However, if Humanities Montana determines that the reduced or modified portion of the award will not accomplish the purposes for which the award was made, it may terminate the award in its entirety either unilaterally or with the consent of the applicant/grantee.
- Employment of Professional Performers
Applicants/grantees that employ professional performers and related or supporting professional personnel under an agreement/grant (including but not limited to scriptwriters, actors, extras, musicians, stage hands, scenery designers, technicians, electricians, cinematographers) are subject to the labor standards set forth in 29 CFR Part 505, "Labor Standards on Projects or Productions Assisted by Awards from the National Endowments for the Arts and Humanities." Applicants/grantees are required to provide written assurance that these employees will be paid, without subsequent deduction or rebate on any account, not less than the minimum compensation as determined in accordance with 29 CFR 505.3 to be the prevailing minimum compensation for persons employed on similar activities, and no part of any project or production which is financed in whole or in part under an NEH grant will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employee engaged in such project or production. These regulations apply to faculty and staff employed by educational institutions only if such employees are hired primarily to engage in or to assist in performance activities. Regular faculty or staff hired primarily to teach are excluded even though their teaching activities may include performing or assisting in a performance.