As of 06.20.2023

Subrecipient agrees to comply with the following terms and conditions:

I. Acknowledgment of Support and Disclaimer

Subrecipient is responsible for assuring that all materials publicizing or resulting from this Agreement must contain an acknowledgment of NEH support. The acknowledgment must include 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.”  If the project includes renovation or construction activities, the building or site should prominently display a plaque or other permanent sign acknowledging NEH’s support. If NEH’s award contributed to a broader fundraising campaign, the subrecipient must include NEH in any published list of donors to that campaign related to the NEH-supported project. 

II. Obscene and Libelous Content

NEH-funded projects reach broad public audiences and must not include material that is obscene, libelous, offensive, or defamatory (including hate speech, personal attacks, or material constituting harassment).  As applicable, subrecipient must monitor all project content, including user-generated content, comments, blog posts, links, and other social media to ensure it does not include obscene or libelous content.

III. Code of Ethics for Projects Related to Native Americans

Subrecipient is responsible for assuring that researchers and scholars working on projects related to Native Americans, Aleut, Native Alaskans, or Native Hawaiian peoples adhere to the following provisions from the Code of Ethics for Project Related to Native Americans:

  • Every effort should be made in advance of project design and execution to engage the agreement, advice, and cooperation of members of the Native community in planning and execution of the project and in the disposition and results from the project. This should be communicated to the Native community and the anticipated consequences and results of the research or data-gathering should be explained as fully as possible to the individuals and groups likely to be affected.
  • Where research or exhibition of materials involves the acquisition of material (objects and documents) and transfer of information on the assumption of trust between persons, the rights, expressed interests and sensitivities of those originating the material must be safeguarded.
  • There is an obligation on the part of the scholar/researcher/principal investigator to reflect on the foreseeable repercussions of research and publication on the participant population and to inform them of the probable impact.
  • Native community consultants have the right to remain anonymous or be specifically named and given credit if they so choose. This right should be respected where it has been explicitly promised. Where there is no clear understanding to the contrary, sources should be kept confidential. Because funded proposals, grant reports and other written material in the Endowment's possession are available to the public, no identifications contrary to the wishes of the community consultants should appear.
  • Investigators using recording devices such as cameras or tape recorders or the technique of oral interviewing are also subject to the above criteria. Subjects under study should understand the capacities of such machines and should be free to accept or reject their use.
  • Individuals or group community consultants should be fairly compensated (through reciprocal exchange or monetary payment) for their services/information and there may be no exploitation of subjects under study. Scholars should make every attempt to guarantee appropriate credit (in the form of co-authorship or co-investigatorship) and the distribution of financial rewards where appropriate for products resulting from projects.
  • Any report or work considered for publication (and where applicable and possible, films or exhibitions) should be deposited with the Native representatives of the elders and traditional leaders of the community. Every effort should be made to see that such a representational body has an opportunity to view the films or exhibitions which result from work undertaken in the community.
  • This Code should not interfere with or preclude any formal agreements made between researchers and Native peoples for the course of research undertaken with Federal funds. Further, the Code does not preclude or supersede ethical codes subscribed to and endorsed by various professional associations, but rather intends only to make clear the standards expected of those receiving Endowment funds.

IV. Employment of Professional Performers

Subrecipient acknowledges that professional performers and related or supporting personnel under this Agreement (including but not limited to scriptwriters, actors, extras, musicians, stagehands, scenery designers, technicians, electricians, and 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.”

Subrecipient is responsible for assuring that pursuant to 20 U.S.C. § 956(g): 

  • all professional performers and related or supporting professional personnel will be paid, without subsequent deduction or rebate on any account, not less than the minimum compensation as determined in accordance with 29 C.F.R. § 505.3 to be the prevailing minimum compensation for persons employed to perform similar activities (for example, union or guild rates), and to perform similar activities (for example, union or guild rates); and
  • no part of any project or production that is financed in whole or in part under this Agreement will be performed or engaged in under working conditions that are unsanitary, hazardous, or dangerous to the health and safety of the employee engaged in such project or production.

V. Prohibition on Providing Federal Funds to ACORN and its Subsidiaries

In accordance with Public Law 111-88 Section 427, none of the funds made available under this Agreement may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.

VI. Mandatory Disclosures: Fraud, Waste, and Abuse

Subrecipient must disclose, in a timely manner, in writing to GBH, all violations of federal criminal law involving fraud, bribery, or gratuity violations that are related to performance of this Agreement.

VII. Native American Graves Protection and Repatriation Act of 1990

The Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) provides protection of Native American graves and items, that is, human remains, funerary objects, and sacred objects. NAGPRA applies to any organization that controls or possesses Native American human remains and associated funerary objects and that receives federal funding, even for a purpose unrelated to the Act.

VIII. National Historic Preservation Act of 1966

Projects involving construction, renovation, repair, rehabilitation, or ground or visual disturbances must comply with Section 106 of the National Historic Preservation Act of 1966, 54 U.S.C. § 306108, and its implementing regulations, 36 C.F.R. Part 800.  The subrecipient cannot begin the NEH-supported project involving construction, renovation, repair, rehabilitation, or ground or visual disturbance until NEH concludes its Section 106 and related National Environmental Policy Act (NEPA) (42 USC 4321, et seq.) review and provides written notification of compliance to the subrecipient.

IX. U.S. Constitution Day Education Program

As applicable, the subrecipient must comply with Public Law 108-447, Div. J, Title I, Section 111(b) (36 U.S.C. § 106), which requires civil and educational authorities of States, counties, cities and towns receiving federal funds in a federal fiscal year to hold an educational program on the United States Constitution on September 17 during that year for the students served by the educational institution. 

X. Coordination of Geographic Information and Related Spatial Data 

For purposes of this clause, “Geospatial Data” shall refer to information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the Earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies. Statistical data may be included in this definition at the discretion of the collecting agency

As required by Coordination of Geographic Information and Related Spatial Data (OMB Circular A-16 and Executive Order 12906), subrecipients whose projects include the development, acquisition, preservation, or enhancement of Geospatial Data, products, or services, must conduct a due diligence search of the Data.gov list of datasets to determine whether the needed geospatial-related data, products, or services already exist. If not, the subrecipient must produce the proposed Geospatial Data, products, or services in compliance with applicable Federal Geographic Data Committee guidance.

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