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statement will not be considered sufficient if it does no more than assert the existence of an intention or understanding that support for particular activity would be temporary. Statements must relate the facts from which the existence of such an intention or understanding can be inferred.

(d) Impairment of a community's ability to support an activity. (1) When assistance is sought for the continuation of an activity which has been conducted with non-Federal support in a community whose per capita income is less than $750 per annum, and such non-Federal support is to be reduced or terminated as a reasonable consequence of an impairment of the community's ability to provide such support, the prior level of non-Federal support will not be required to be continued as a condition of Federal assistance. Continuation of non-Federal support will be required to the extent that such support is not affected by the impairment of the community's ability.

(2) The per capita income of a community will be determined from such evidence as may be available. Data on per capita incomes for 1959, as indicated by the 1960 census for counties and for many other areas, may be obtained from the Office of Economic Opportunity. In the absence of other evidence, this census data will be accepted as establishing the present level of per capita income for the areas for which it is available.

(3) A community's ability to provide support will be considered to be impaired

in any case in which the provision of support has become substantially more difficult, in the recent past, as a result of a decline in population, a decline in per capita income, an increase in other community needs, or other causes. However, a community's ability to provide support will not be considered to be impaired by a decision of any person or group, public or private, to discontinue or reduce financial assistance to the community or to any activity conducted in the community. The requirement that the prior level of non-Federal support be continued will thus not be waived simply because a source of support is withdrawn.

(4) A decision to discontinue or reduce non-Federal support for an activity will be treated as a reasonable consequence of an impairment of ability to support only if the decision was a reasonable reaction to the impairment of ability, considered without regard to the availability of Economic Opportunity Act funds as an alternative source of support. It will not be assumed that programs for the benefit of the poor should be the first to be sacrificed when available resources are reduced.

(5) In the event of recovery of ability to provide non-Federal support to an activity, the Office of Economic Opportunity may require, as a condition to continued Federal assistance, that the previous non-Federal support be resumed, in whole or in part. (Sec. 20, 78 Stat. 519, 42 U.S.C. 2788) (31 F.R. 4117, Mar. 9, 1966)

CHAPTER XI-NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

Part 1100 Statement for the guidance of the public-organization, procedure and

availability of information. 1105 Standards of conduct of employees.

PART 1100_STATEMENT FOR THE (b) The Endowments accomplish their

GUIDANCE OF THE PUBLIC_OR missions primarily by providing financial GANIZATION, PROCEDURE AND

assistance for projects in the arts and

the humanities, including the making of AVAILABILITY OF INFORMATION

fellowship and other awards to individSec.

uals as well as awards to nonprofit or1100.1 Organization.

ganizations. By statute, awards made to 1100.2 Procedures and transaction of busi

organizations by the National Endowness,

ment for the Arts may not exceed one1100.3 Availability of information to the

half the cost of the project, except that public.

a percentage of the Arts Endowment's AUTHORITY: The provisions of this part funds may be used for nonmatching 1100 issued under 7 U.S.C. 2243.

grants to organizations which show that SOURCE: The provisions of this part 1100 they have attempted unsuccessfully to appear at 32 F.R. 10513, July 18, 1967, unless secure funds equal to the amounts apotherwise noted.

plied for. § 1100.1 Organization.

(c) The organizational arrangement

of the Foundation is as follows: (a) The National Foundation on the

(1) National Endowment for the Arts and the Humanities was established

Arts—(i) Office of the Chairman. The by the National Foundation on the Arts

Endowment is headed by the Chairman, and the Humanities Act of 1965 (79 Stat,

who is also Chairman of the National 845; 20 U.S.C. 951). The Foundation is

Council on the Arts and a member of composed of a National Endowment for

the Federal Council on the Arts and the the Arts, a National Endowment for the

Humanities. The Chairman, with the adHumanities and a Federal Council on the

vice of the National Council on the Arts Arts and the Humanities. Each Endow

and the Federal Council on the Arts and ment is headed by a Chairman and has

the Humanities, is responsible for esa National Council composed of 26 Presi

tablishing Endowment policies and for dential appointees, with the Chairman of developing and carrying out programs to the Endowment also serving as Chair provide support for projects and proman of the Council. The purpose of the ductions in the arts. The Chairman is Foundation is to develop and promote a assisted by a Deputy Chairman, who is broadly conceived national policy of sup appointed by him. port for the humanities and the arts in (ii) Program Activities of the Arts En. the United States.

dowment. The activities of the Endow

ment are carried out with the aid of the universities, museums, public agencies, following program offices:

and private nonprofit groups—to in(a) State and Community Operations. crease public understanding and appre

(6) Architecture, Planning and De- ciation of the humanities. sign.

(3) Legal, financial and administra(c) Creative Writing.

tive activities. (i) These services are pro(d) Education and Public Media.

vided to the two Endowments on a shared (e) Music.

basis. The Officers involved are (a) the (f) Theater and Dance.

General Counsel and (b) the Adminis(g) Visual Arts.

trative Officer. Each of the above offices assists the

(ii) The General Counsel provides Chairman in developing programs to

legal advice and counsel to the Chairprovide support for activities in its area

men of the National Endowment for the of interest.

Arts and the National Endowment for (2) National Endowment for the Hu

the Humanities, to the National Council

on the Arts and the National Council on manities—(i) Office of the Chairman.

the Humanities, and to the Federal The Endowment is headed by the Chair

Council on the Arts and the Humanities man, who is also Chairman of the Na

as well as to the divisions and ofñces tional Council on the Humanities and a

of the Foundation. member of the Federal Council on the Arts and the Humanities. The Chairman,

(iii) The Administrative Officer is rewith the advice of the National Council

sponsible for the administrative and fion the Humanities and the Federal

nancial procedures of the Foundation, Council on the Arts and the Hu

including financial records, accounting manities, is responsible for establishing

and personnel matters. Endowment policies and for developing $ 1100.2 Procedures and transaction of and carrying out programs to provide

business. support for research in the humanities,

(a) Inquiries and transaction of busifor strengthening the research potential of the United States in the humanities,

ness. All inquiries, submittals or requests

should be addressed as follows: (1) Those or providing fellowships for training in

involving the work of the National Enthe humanities, for fostering the inter

dowment for the Arts should be adchange of information in the humanities

dressed to the National Endowment for and for fostering public understanding and appreciation of the humanities. The

the Arts, Washington, D.C. 20506, or a

member of the public may call at the Chairman is assisted by a Deputy Chair

Endowment's offices at 1800 G Street man, who is appointed by him.

NW., Washington, D.C., during normal (ii) Program Activities of the Hu

business hours which are 9 a.m. to 5:30 manities Endowment, (a) The program

p.m., Monday through Friday; (2) reactivities of the Endowment are carried

quests involving the National Endowout through three divisions:

ment for the Humanities should be ad(1) The Division of Research and Pub

dressed to the National Endowment for lication.

the Humanities, Washington, D.C. 20506, (2) The Division of Fellowships and or a member of the public may call at Stipends.

the Endowment's offices at 1800 G Street (3) The Division of Education and NW., Washington, D.C. during normal Special Projects.

business hours which are 9 a.m. to 5:30 (6) The Division of Research and p.m., Monday through Friday. If a perPublication supports research and pro- son is uncertain as to which organizagrams to strengthen the research po- tion an inquiry should be addressed, he tential of the United States, as well as should address his inquiry to the Nato encourage the preparation of scholarly tional Foundation on the Arts and the works in the humanities.

Humanities, Washington, D.C. 20506. (c) The Division of Fellowships and (b) General method of functioning, Stipends supports individual scholar- procedures, forms, descriptions of proship and training by providing individ- grams. In general, the Endowments prouals with time uninterrupted by other vide financial support for activities in the responsibilities.

arts and humanities on the basis of (d) The Division of Educational and applications submitted by the person or Special Projects provides support pri- organization desiring support. In genmarily to institutions-schools, colleges, eral, such awards are made on a merit

basis after a review process involving (2) If the appropriate Deputy Chairstaff members and outside experts. The man concludes that an identified record Endowments publish various announce exempt under 5 U.S.C. 552(b) need not be ments and booklets describing their pro withheld from public inspection, it will grams and explaining their procedures. be made available to the requestor for inFor example, the booklet "National En spection at the office of the Endowment dowment for the Humanities - Program or a copy ill be provided to him. In the Information 1968", provides a compre latter case, an appropriate charge may hensive description of the programs, be made, taking into account all relefunctions and procedures of the National vant costs to the Endowment for providEndowment for the Humanities. Forms ing such service. Such payment is payor instructions for application to par able in advance of fulfilling the request. ticipate in the programs of the Endow In any event, provision of records, ments are obtainable on request. All pro whether at the Endowments' offices or gram announcements, publications or through the making of copies available, application forms may be obtained by shall be on a facilities available basis, applying either to the National Endow taking into account normal business acment for the Arts or the National En tivities of the Endowments. dowment for the Humanities or by calling (e) Appeals. Any person aggrieved by in person at their Washington offices. any determination made, or action taken, $ 1100.3 Availability of information to

pursuant to the foregoing provisions of the public.

this part may, within 30 days, request

the Chairman of the Endowment con(a) Statutory requirements. 5 U.S.C.

cerned to review that determination or 552(a) (3) requires each Agency, upon action. A letter or other written staterequest for identifiable records made in

ment setting forth the pertinent facts accordance with published rules stating

shall be sufficient for this purpose. Each the time, place, fees to the extent au

Chairman reserves the right to request thorized by statute, and procedure to be

the person involved to provide additional followed, to make such records promptly

information in support of his request for available to any person. 5 U.S.C. 552(b)

review. The Chairman concerned will exempts specified classes of records from

promptly consider each such request for the public access requirements of 5 U.S.C. review and notify the person involved of 552(a) (3) and permits them to be with

his decision, which will constitute the held when the public interest so requires.

final decision of the Endowment. (5) Purpose. This section is designed to

(32 F.R. 10514, July 18, 1967; 32 F.R. 11215, provide the rules referred to in 5 U.S.C.

Aug. 2, 1967) 552(a) (3) with respect to public access to records of the National Endowment for

PART 1105-STANDARDS OF the Arts and the National Endowment for the Humanities.

CONDUCT OF EMPLOYEES (c) Time, place, and form. Requests Sec. for access to records of the National En 1105.735–1 Purpose. dowment for the Arts and the National 1105.735–2 Scope. Endowment for the Humanities may be

1105.735–3 Definitions. filed, in person or by mail, with the

1105.735-4 Statutory provisions.

1105.735–5 Conflicts-of-Interest Counselor. Deputy Chairman of the Endowment

1105.735-6 Statements of employment and concerned between 9 a.m. and 5:30 p.m.,

financial interest. Monday through Friday, except holidays. 1105.735–7 Employee conduct.

(d) Procedure. (1) Upon receipt of a 1105.735–8 Presenting grievances to Conrequest for a record, the Deputy Chair

gress. man of the Endowment concerned, after

Appendix-Related Statutory Provisions. determining that the record requested is AUTHORITY: The provisions of this part sufficiently identified, shall determine 1105 issued under Executive Order 11222 of whether the record is subject to exemp May 8, 1965, 30 F.R. 6469, 3 CFR, 1965 Supp.; tion from public inspection under the

5 CFR 735.104. provisions of 5 U.S.C. 552(b). If he de SOURCE: The provisions of this Part 1105 termines it is subject to exemption and

appear at 32 F.R. 17663, Dec. 12, 1967, unless

otherwise noted. that the requested record should be withheld in the public interest, the requestor § 1105.735-1 Purpose. shall be notified that his request has been While confident of the integrity and denied.

sense of responsibility of the employees

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