§ 1160.5 Certificate of national interest. After preliminary review the application will be submitted to the Secretary of State or his designee for determination of national interest and issuance of a Certificate of National Interest in appropriate cases. § 1160.6 Indemnity agreement. In cases where the requirements of §§ 1160.4 and 1160.5 have been met to the satisfaction of the Council, an Indemnity Agreement pledging the full faith and credit of the United States for the agreed value of the exhibition in question may be issued to the indemnitee by the Council, subject to the provisions of § 1160.7. § 1160.7 Letter of intent. In cases where an exhibition proposed for indemnification is planned to commence on a date later than twelve (12) months subsequent to the submission of the application, the Council, upon approval of such a preliminary application, will provide a Letter of Intent stating that it will, subject to the conditions set forth therein, issue an Indemnity Agreement not later than ninety (90) days prior to commencement of the exhibition. In such cases, the Council will reexamine a final application during the twelve (12) month period prior to the date the exhibition is to commence, and shall, upon being satisfied that such conditions have been fulfilled, issue an Indemnity Agreement within the above specified time period. § 1160.8 Loss adjustment. (a) In the event of loss or damage covered by an Indemnity Agreement, the indemnitee without delay shall file a Notice of Loss or Damage with the Council and shall exercise reasonable care in order to minimize the amount of loss. Within a reasonable time after a loss has been sustained, the claimant shall file a Proof of Loss or Damage on forms provided by the Council. Failure to report such loss or damage and to file such Proof of Loss within sixty (60) days after the termination date as defined in § 1160.3(k), shall invalidate any claim under the Indemnity Agreement. (b) In the event of total loss or destruction of an indemnified item, indemnification will be made on the basis of the amount specified in the Indemnity Agreement. (c) In the event of partial loss, or damage, and reduction in the fair market value, as a result thereof, to an indemnified item, indemnification will be made on the basis provided for in the Indemnity Agreement. (d) No loss or damage claim will be paid in excess of the Indemnification Limits specified in § 1160.11. § 1160.10 Arbitration and appraisal. (a)(1) In the event the Council and the indemnitee fail to agree on the amount of partial loss, or damage to, or any reduction in the fair market value as a result thereof, to the indemnified item(s), each shall select a competent appraiser(s) with evidence to be provided to show that the indemnitee's selection is satisfactory to the owner. The appraiser(s) selected by the Council and the indemnitee shall then select a competent and disinterested umpire. (2) In the event the appraisers, within fifteen (15) days of their appointment, do not agree upon the selection of an umpire, either party may request that an umpire be selected by a federal district judge in the District of Columbia. (b) After selection of an umpire, the appraisers shall assess the partial loss, or damage to, or where appropriate, any reduction in the fair market value of, the indemnified item(s). The appraisers' agreement with respect to these issues shall determine the dollar value of such loss or damage or repair costs, and where appropriate, such reduction in the fair market value. Disputes between the appraisers with respect to partial loss, damage repair costs, and fair market value reduction of any item shall be submitted to the umpire for determination. The appraisers' agreement or the umpire's determination shall be final and binding on the parties, and agreement on amount or such determination amount shall be certified to the Speaker of the House and the President pro tempore of the Senate by the Council. on (c) Each appraiser shall be paid by the party selecting him or her. The umpire and all other expenses of the appraisal shall be paid by the parties in equal shares. § 1160.11 Indemnification limits. (a) The maximum loss or damage covered by a single exhibition or an Indemnity Agreement shall be $50,000,000. (b) A deductible amount of $15,000 is applicable to loss or damage arising out of a single exhibition for which an indemnity is issued. (c) The aggregate amount of loss or damage covered by indemnity agreements at any one time shall not exceed $250,000,000. (d) The maximum value of eligible items carried in or upon any single instrumentality of transportation at any one time, unless expressly permitted by the Council shall not exceed $7,500,000. Subpart C-Employment Practices 1170.21 Discrimination prohibited. 1170.22 Reasonable accommodation 1170.23 Employment criteria. 1170.24 Preemployment inquiries. 1170.25-1170.30 [Reserved] Subpart D-Program Accessibility 1170.31 Discrimination prohibited. 1170.32 Existing facilities. 1170.33 New construction. 1170.34 Historic properties. [Reserved] 1170.35-1170.40 [Reserved] Subpart E-Postsecondary Education 1170.41 Application of this subpart. 1170.46 Financial and employment assistance to students. 1170.47 Nonacademic services. 1170.48-1170.50 [Reserved] Subpart F-Enforcement 1170.51 Assurances required. 1170.52 Remedial action, voluntary action, and self-evaluation. 1170.53 Designation of responsible employee and adoption of grievance procedures. 1170.54 Notice. 1170.55 Endowment enforcement and compliance procedures. 1170.56-1170.99 [Reserved] AUTHORITY: Executive Order 11914; sec. 504, Rehabilitation Act of 1973, as amended (Pub. L. 93-112) (29 U.S.C. 794), Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 (Pub. L. 95-602). SOURCE: 46 FR 55897, Nov. 12, 1981, unless otherwise noted. Subpart A-General Provisions § 1170.1 Purpose. The purpose of this part is to implement section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance. § 1170.2 Application. This part applies to each recipient of Federal financial assistance from the National Endowment for the Humanities and to each program or activity that receives or benefits from such assistance. § 1170.3 Definitions. As used in this part: (a) "Section 504" means section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93-516, 29 U.S.C. 794 et seq. and by the Rehabilitation, Comprehensive Services and Developmental Disabilities Amendments of 1978, Pub. L. 95602. (b) The term "Endowment" or the term "agency" means the National Endowment for the Humanities. (c) The term "Chairman" means the Chairman of the National Endowment for the Humanities. (d) The term "responsible Endowment official" with respect to any program receiving Federal financial assistance means the Chairman of the Endowment, the Director of the Office of Equal Employment Opportunity, or other Endowment official designated by the Chairman. (e) The term "United States" means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the term "State" means any one of the foregoing. (f) "Federal financial assistance" means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the agency provides or otherwise makes available assistance in the form of: (1) Funds; (2) Services of Federal personnel; or (3) Real and personal property or any interest in or use of such property, including: (i) Transfers or leases of such property for less than fair market value or for reduced consideration; and (ii) Proceeds from a subsequent transfer or lease of such property if the Federal share of its fair market value is not returned to the Federal government. (g) The term "program" includes any program, project, or activity involving the provision of services, financial aid, or other benefits to individuals (including education or training, health, housing, or other services, whether provided through employees of the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient, and including work opportunities and cash or loan or other assistance to individuals), or for provision of facilities for furnishing services, financial aid or other benefits to individuals. The service, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any services, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any nonFederal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order to receive the Federal financial assistance, and to include any services, financial aid, or other benefits provided in or through a facility provided with the aid of Federal financial assistance or such non-Federal resources. (h) "Facility" means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property or interest in such property. (i) "Recipient" means any state or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended direct'ly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance. (j) "Handicapped person" means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. For purposes of section 504, in connection with employment, this term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents such individual from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to the property or the safety of others. As used in this paragraph, the phrase: (1) "Physical or mental impairment” means: (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or (ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabe tes, mental retardation, emotional illness, and drug addiction and alcoholism. (2) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (3) "Has a record of such impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (4) "Is regarded as having an impairment" means (i) Has a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (j)(1) of this section but is treated by a recipient as having such an impairment. (k) "Qualified handicapped person" § 1170.12 Discriminatory actions prohibited. (a) A recipient, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap: (1) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service; (2) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (3) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; (4) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons than is provided to others unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effective as those provided to others; |