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§ 1076.50-12 Post award requirements. (a) As a Credit Factor. The availabil- (a) Applicability of CSA policies. Fiity of collateral security normally nancial assistance to recipients with shall be considered as an important approved work programs for relending factor in making loans or guaranties. or guarantying is subject to the condiThe types and amount of collateral se tions established in the loan agreecurity required should be governed by ment with CSA. the relative strengths and weaknesses (b) Deposits. (1) Unless other wise of other credit factors. However, the specifically agreed to in writing by taking of collateral as security should CSA, loan proceeds and any interest be considered in each loan making or thereon not immediately needed or guaranty transaction. Collateral secu disbursed by the borrower should be rity should be sufficient to provide the
deposited in an interest bearing aclender reasonable protection from loss
count or time deposit in a bank or in the case of adversity, but such secu
other financial institution which can rity or lack thereof should not be used
be fully covered by a form of federal as the primary basis for deciding
deposit insurance. whether to extend credit. Endorse
(2) Deposits and accounts in finanments or guaranties by other organiza
cial institutions owned or controlled tions, directors, or persons should be
by minorities shall be encouraged proused only in unusual cases.
vided they are adequately covered by a (b) Security interests. Security inter
form of federal deposit insurance. ests which may be taken by the lender
(3) Any interest or other income or guarantor include but are not limit
earned as a result of such accounts or ed to liens on real or personal proper
deposits shall be used by the borrower ty, including leasehold interests, as
only for the authorized purposes of signments of income and accounts re
the loan involved of its approved work ceivable, and liens on inventory of pro
program. ceeds of inventory sales, as well as $ 1076.50-13 Liquidation; default. marketable securities and cash collat
Should the Director determine that eral accounts. (c) Motor vehicles. Liens ordinarily
it is necessary of desirable to take should be taken on licenses motor ve
action to protect or further the inter
ests of CSA in connection with any dehicles or boats purchased hereunder in order to be able to transfer title easily
fault or breach of conditions under should the lender need to declare a de
any loan or guaranty made hereunder,
the Director may: fault or repossess the property.
(a) Declare that the loan is immedi(d) Additional security. The lender
ately due and payable. or guarantor may require collateral security or additional security at any
(b) Assign or sell at public or private time during the term of a loan or guar
sale, or otherwise dispose of for cash
or credit, in his/her discretion and anty if after review and monitoring an
upon such terms and conditions as he/ assessment indicates the need for such
she shall determine to be reasonable, security.
any evidence of debt, contract, claim, (e) Insurance on property secured.
personal or real property, or security Ordinarily, hazard insurance up to the
assigned to or held by the Director in amount of the loan or the depreciated connection with financial assistance replacement value of the property se
extended hereunder. cured (whichever is less) will be taken
(c) Adjust interest rates, use fixed or naming the lendor as beneficiary.
variable rates, grant moratoriums on Such insurance includes fire and ex
repayment of principal and interest, tended coverage, public liability, prop collect or compromise any obligations erty damage, and other appropriate
held by him/her and take such other types of hazard insurance.
actions in respect to such loans and (f) Appraisals. Property serving as guaranties as are necessary or approcollateral security will be appraised by priate, consistent with the objections a qualified appraiser.
of the Program and this subpart.
(d) In taking the actions provided for in paragraph (c) above the Director shall take into account such factors as:
(1) The inherent difficulty of creating or expanding rural enterprises which can offer real and increased ownership, employment and income opportunities for low-income persons.
(2) The need for new and more responsive national, regional and local financial institutions to serve lowincome rural residents.
(3) The lead time, mobilization of resources, and leveraging required for rural residents to successfully pool their talents and abilities to engage in meaningful community economic development.
(4) The need for adequate technical assistance, training and skills development to accompany financial assistance for community-based, economic development efforts.
(5) The experimental and demonstrational nature of the program balanced with the desire to operate the program on a sound business basis.
(6) Other particular needs of the borrower. 8 1076.50-14 Conflict of interest.
No recipient shall relend or guaranty to or for the benefit of:
(a) Any person who is also a board member of such recipient without specific prior CSA written approval given with knowledge of the relationship involved; or
(b) Any organization which has on its governing board or as agent, consultant or employee, a person who is also a board member of the recipient without specific prior CSA written approval given with knowledge of the relationship involved.
CHAPTER XI— NATIONAL FOUNDATION ON
THE ARTS AND THE HUMANITIES
Page Statement for the guidance of the public-organization, procedure and availability of information..........
500 Standards of conduct of employees .........
504 Nondiscrimination in Federally assisted programs. 512 Privacy Act regulations ....................
1105 1110 1115
SUBCHAPTER B-NATIONAL ENDOWMENT FOR THE ARTS
1150 Collection of claims under the Federal Claims Collection Act of 1966 ....
528 1151 Nondiscrimination on the basis of handicap ..........
530 SUBCHAPTER C-FEDERAL COUNCIL ON THE ARTS AND THE
HUMANITIES 1160 Indemnities under the Arts and Artifacts Indem
nity Act ........
SUBCHAPTER D-NATIONAL ENDOWMENT FOR THE HUMANITIES
Nondiscrimination on the basis of handicap in
federally assisted programs and activities... Part-time career employment ........
PART 1100_STATEMENT FOR THE used for nonmatching grants to orgaGUIDANCE OF THE PUBLIC_OR
nizations which show that they have GANIZATION, PROCEDURE AND
attempted unsuccessfully to secure
funds equal to the amounts applied AVAILABILITY OF INFORMATION
(c) The organizational arrangement Sec. 1100.1 Organization.
of the Foundation is as follows: 1100.2 Procedures and transaction of busi- (1) National Endowment for the ness.
Arts-(i) Office of the Chairman. The 1100.3 Availability of information to the
Endowment is headed by the Chairpublic.
man, who is also Chairman of the Na1100.3-1 Statement of policy.
tional Council on the Arts and a 1100.3-2 Current index. 1100.3-3 Requests for records.
member of the Federal Council on the 1100.3-4 Procedures on requests for docu Arts and the Humanities. The Chairments.
man, with the advice of the National 1100.3-5 Foundation report of actions.
Council on the Arts and the Federal 1100.4 Schedule of fees for search and du
Council on the Arts and the Humanplication of records.
ities, is responsible for establishing 1100.4-1 General schedule.
Endownment policies and for develop1100.4-2 Schedule.
ing and carrying out programs to proAUTHORITY: 5 U.S.C., as amended by Pub. L. 93-502.1100 issued under 5 U.S.C. 552.
vide support for projects and produc
tions in the arts. The Chairman is asSOURCE: 44 FR 22728, Apr. 17, 1979, unless
sisted by two Deputy Chairmen, who otherwise noted.
are appointed by him. They are the § 1100.1 Organization.
Deputy Chairman for Policy and Plan(a) The National Foundation on the
ning and the Deputy Chairman for
Programs. Arts and the Humanities was estab
(ii) Program Activities of the Arts lished by the National Foundation on
Endowment. The activities of the Enthe Arts and the Humanities Act of
dowment are carried out with the aid 1965 (79 Stat. 845; 20 U.S.C. 951). The
of the following program offices: Foundation is composed of a National
(A) Architecture, Planning and Endowment for the Arts, a National
(C) Education Humanities. Each Endowment is headed by a Chairman and has a Na
(D) Expansion Arts tional Council composed of 26 Presi
(E) Federal State Partnership dential appointees, with the Chairman
(F) Folk Arts of the Endowment also serving as
(G) Literature Chairman of the Council. The purpose
(H) Media Arts of the Foundation is to develop and
(I) Museums promote a broadly conceived national
(J) Music policy of support for the humanities
(K) Special Projects and the arts in the United States.
(L) Theatre (b) The Endowments accomplish
(M) Visual Arts their missions primarily by providing Each of the above offices assists the financial assistance for projects in the Chairman in developing programs to arts and the humanities, including the provide support for activities in its making of fellowship and other awards area of interest. to individuals as well as awards to non (2) National Endowment for the Huprofit organizations. By statute, manities-(i) Office of the Chairman. awards made to organizations by the The Endowment is headed by the National Endowment for the Arts may Chairman, who is also Chairman of not exceed one-half the cost of the the National Council on the Humanproject, except that a percentage of ities and a member of the Federal the Arts Endowment's funds may be Council on the Arts and the Human
ities. The Chairman, with the advice 2401 E Street, N.W., Washington, D.C. of the National Council on the Hu- during normal business hours which manities and the Federal Council on are 9 a.m. to 5:30 p.m., Monday the Arts and the Humanities, is re through Friday; (2) requests involving sponsible for establishing Endowment the National Endowment for the Hupolicies and for developing and carry. manities should be addressed to the ing out programs to provide support National Endowment for the Humanfor research in the humanities, for ities, Washington, D.C. 20506, or a strengthening the research potential member of the public may call at the of the United States in the human Endowment's offices at 806 15th ities, or providing fellowships for Street, N.W., Washington, D.C. during training in the humanities, for foster- normal business hours which are 9 ing the interchange of information in a.m. to 5:30 p.m., Monday through the humanities and for fostering Friday. If a person is uncertain as to public understanding and appreciation which organization an inquiry should of the humanities. The Chairman is be addressed, he should address his inassisted by a Deputy Chairman, who is quiry to the National Foundation on appointed by him.
the Arts and the Humanities, Wash(ii) Program Activities of the Hu- ington, D.C. 20506. manities Endowment.
(b) General method of functioning, (A) The program activities of the procedures, forms, descriptions of proEndowment are carried out through grams. In general, the Endowments three divisions:
provide financial support for activities (1) The Division of Research and in the arts and humanities on the Publication.
basis of applications submitted by the (2) The Division of Fellowships and person or organization desiring supStipends.
port. In general, such awards are made (3) The Division of Education and
on a merit basis after at review process Special Projects.
involving staff members and outside (B) The Division of Research and experts. The endowments publish varPublication supports research and pro ious announcements and booklets degrams to strengthen the research po scribing their programs and explaining tential of the United States, as well as their procedures. “Guide to Programsto encourage the preparation of schol National Endowment for the Arts, arly works in the humanities.
1977/1978” provides a comprehensive (C) The Division of Fellowships and
description of the programs, functions Stipends supports individual scholar
and procedures of the National Enship and training by providing individ dowment for the Arts. Forms or uals with time uninterrupted by other instructions for application to particiresponsibilities.
pate in the programs of the Endow(D) The Division of Education and ment are obtainable on request. All Special Projects provides support pri program announcements, publications marily to institutions-schools, colleges, or application forms may be obtained universities, museums, public agencies, by applying either to the National Enand private nonprofit groups to in dowment for the Arts or the National crease public understanding and ap Endowment for the Humanities or by preciation of the humanities.
calling in person at their Washington
offices. § 1100.2 Procedures and transaction of business.
8 1100.3 Availability of information to the (a) Inquiries and transaction of public. business. All inquiries, submittals or requests should be addressed as fol
8 1100.3-1 Statement of policy. lows: (1) Those involving the work of (a) The Chairman of the National the National Endowment for the Arts Endowment for the Arts and the should be addressed to the National Chairman of the National Endowment Endowment for the Arts, Washington, for the Humanities are responsible for D.C. 20506, or a member of the public effective administration of the provimay call at the Endowment's offices atsions of Pub. L. 89-487, as amended.