66316 Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Rules and Regulations 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1206 

[FDMS Docket NARA–10–0001] 

RIN 3095–AB67 

National Historical Publications and 

Records Commission Grants 

AGENCY: National Historical 

Publications and Records Commission, 

NARA. 

ACTION: Final rule. 

SUMMARY: The National Historical 

Publications and Records Commission 

(NHPRC), National Archives and 

Records Administration (NARA), is 

amending its regulations by removing 

individual eligibility for NHPRC grants, 

changing the time for posting of grant 

opportunity announcements from four 

to three months before the application 

deadline, and reflecting the new Office 

of Management and Budget (OMB) 

requirement to use Standard Form (SF) 

425, Federal Financial Report. These 

actions are necessary updates to our 

business processes and are intended to 

allow us greater flexibility to respond to 

changing needs and a simplified 

financial reporting form and process. 

This final rule also adjusts the order and 

format of the definitions section for 

consistency with other NARA 

regulations, and makes minor 

typographical changes for clarity and 

consistency. 

DATES: This rule is effective November 

29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lucy Barber, Deputy Executive Director, 

National Historical Publications and 

Records Commission, National Archives 

and Records Administration, 700 

Pennsylvania Avenue, NW., Room 106, 

Washington, DC 20408–0001, 202–357– 

5306. 

SUPPLEMENTARY INFORMATION: On April 

7, 2010, NARA published a proposed 

rule (75 FR 17638) for revisions to the 

regulations on the National Historical 

Publications and Records Commission. 

Some of the revisions were required by 

regulatory changes from the Office of 

Management and Budget; others 

proposed changes to eligible applicants 

and the required posting period for 

grant announcements before grant 

deadlines. We received five formal 

comments from individuals on the 

proposed changes. We are also 

responding to one comment made on a 

public blog Web site regarding 

individual applicants although we 

normally would not respond to 

comments that are made outside the 

formal comment process. We simply 

cannot monitor all possible ways people 

could make comments, including public 

blogs, so cannot be responsible for 

knowing about, or addressing, 

comments that are made outside the 

designated methods. In this case, 

however, the comment was brought to 

our attention and because it concerned 

a comment already raised through the 

formal process, we included it in our 

responses. 

Of the comments we received, one 

commentator supported all the changes. 

Two individuals were concerned about 

changing the period for public 

notification of grant opportunities from 

four to three months prior to application 

deadlines. They commented that 

applicants wanted as much time as 

possible to prepare applications. 

NARA will continue to post NHPRC 

grant opportunities in as timely a 

manner as possible to ensure that 

applicants have sufficient time to 

prepare their application packages. 

NARA notes that before any public 

posting can take place, the Commission 

must review and approve all grant 

opportunity announcements at its 

scheduled meetings. This ensures that 

the Commission members review 

overall funding priorities and offer grant 

programs that reflect those priorities. 

Given this requirement, the Commission 

has found that a four-month posting 

requirement has reduced its ability to 

initiate new grant programming in a 

timely and effective manner and is 

seeking a three-month public posting 

period in order to provide flexible and 

responsive grant programs. We have 

checked the grant posting periods for 

comparable federal agencies and 

programs, and we have found two to 

three months to be a typical time frame 

between grant postings and grant 

application deadlines. NARA will retain 

our proposed change to three months for 

its NHPRC grant opportunity postings. 

The other two respondents 

commented on the proposal to no longer 

allow individuals to apply for NHPRC 

grants. In addition, on a public blog, a 

member of the public raised objections 

on this issue. Currently, the only 

program for which individual 

applicants are eligible is the Publishing 

Historical Records grant program. One 

respondent and the blog commenter felt 

that the overall decline in institutional 

support for research increased the need 

for the NHPRC to support independent 

scholars, despite any practical 

challenges associated with such grants. 

The other commenter supported the 

proposed change, noting that the 

administration of grants has become far 

more complex in recent years. In 

addition, he noted that projects funded 

in Publishing Historical Records often 

take decades to complete and require 

technological infrastructure rarely 

available to an independent scholar. 

NARA considered the comments 

carefully. The Publishing Historical 

Records grant program is highly 

competitive and requires that all 

applicants have the ability to meet the 

Commission’s substantial requirements 

for project cost-sharing and 

sustainability. NARA believes that some 

form of institutional support for 

publishing projects ensures that 

individual scholars have a better chance 

of meeting the grant requirements, 

particularly for projects of the scope 

involved in Publishing Historical 

Records. In the last five years, the 

Commission has found no proposals 

from independent scholars that have 

met the requirements for funding. 

However, the Commission has seen 

independent scholars partner with 

academic institutions to meet these 

requirements. We anticipate that this 

practice will continue in the future. We 

also hope that this change will make 

grant options less confusing for 

individuals who are seeking federal 

awards for activities entirely unrelated 

to the mission of the NHPRC who 

regularly contact us for individual 

support. NHPRC staff members 

currently spend considerable time 

redirecting these individuals to more 

appropriate venues. For both of these 

reasons, NARA therefore will 

implement the proposed change. 

We have made two additional changes 

to the final rule; the revisions were 

made in response to two regulatory 

changes that occurred since publication 

of the proposed rule. The revisions are 

the inclusion of additional OMB 

regulatory requirements that apply to 

NHPRC grants and are found in 

§ 1206.72(a)(1), 2 CFR Part 25 Universal 

Identifier and Central Contractor 

Registration, and § 1206.72(a)(2) 2 CFR 

Part 170 Reporting Subaward and 

Executive Compensation Information. 

Because these revisions became 

mandatory after the comment period for 

the proposed rule and are required after 

October 1, 2010, we have included them 

in the final rule. 

This final rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866. As required by 

the Regulatory Flexibility Act, it is 

hereby certified that this rule will not 

have a significant impact on small 

entities. This rule is not a major rule as 

defined in 5 U.S.C. Chapter 8, 

Congressional Review of Agency 

Rulemaking. 


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Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Rules and Regulations 66317 

List of Subjects in 36 CFR Part 1206 

Archives and records, Grant 

program—education, Reporting and 

recordkeeping requirements. 

■ For the reasons stated in the preamble, 

NARA amends Title 36 of the Code of 

Federal Regulations, Part 1206, as 

follows: 

PART 1206—NATIONAL HISTORICAL 

PUBLICATIONS AND RECORDS 

COMMISSION 

■ 1. The authority citation for part 1206 

continues to read as follows: 

Authority: 44 U.S.C. 2104(a); 44 U.S.C. 

2501–2506. 

Subpart A—[Amended] 

§ 1206.1 [Removed] 

■ 2. Section 1206.1 is removed. 

§ 1206.2 [Redesignated as § 1206.1] 

■ 3. Redesignate § 1206.2 as § 1206.1 

■ 4. Revise § 1206.3 to read as follows: 

§ 1206.3 What definitions apply to the 

regulations in Part 1206? 

As used in Part 1206: 

Board refers to a State historical 

records advisory board. 

Commission (see NHPRC). 

Coordinator means the coordinator of 

a State historical records advisory 

board. 

Cost sharing means the financial 

contribution the applicant pledges 

toward the total cost of a project. Cost 

sharing can include both direct and 

indirect expenses, contributions 

provided by the applicant or by third 

parties as in-kind or cash contributions, 

and any income earned directly by the 

project. 

Direct costs means expenses that are 

attributable directly to the cost of a 

project, such as salaries, project 

supplies, travel expenses, equipment 

rented or purchased for the project, or 

services procured for the project. 

Grant opportunity announcement 

refers to a document published on the 

NHPRC Web site and at http:// 

www.grants.gov that describes a type of 

grant offered, eligibility requirements, 

and application instructions. 

Guidance refers to a non-binding 

document published on the NHPRC 

Web site to clarify or explain 

Commission policy or to provide 

procedural details. 

Historical records means 

documentary material having 

permanent or enduring value, including 

manuscripts, personal papers, official 

records, maps, audiovisual materials, 

and electronic files. 

Historical records repository means 

organizations whose mission is to 

acquire, preserve, and promote the use 

of historical records. They include 

archives, special collections, museums, 

and historical societies. 

Indirect costs means costs incurred 

for common or joint objectives of an 

applicant’s organization and therefore 

not attributable to a specific project or 

activity. Typically, indirect costs 

include items such as overhead for 

facilities maintenance and accounting 

services. 

NHPRC means members of the 

National Historical Publications and 

Records Commission acting as a body. 

NHPRC staff refers to the Executive 

Director and the staff of the Commission 

or the Executive Director of the 

Commission. 

State, in §§ 1206.40 through 1206.42, 

means all 50 States of the Union, plus 

the District of Columbia, Puerto Rico, 

the U.S. Virgin Islands, Guam, 

American Samoa, and the 

Commonwealth of the Northern Mariana 

Islands. 

The Manual of Suggested Practices 

refers to ‘‘The Manual of Suggested 

Practices for State Historical Records 

Advisory Boards.’’ It is a type of 

guidance. 

■ 5. Revise § 1206.4 to read as follows: 

§ 1206.4 What is the purpose of the 

Commission? 

The National Historical Publications 

and Records Commission (NHPRC or 

Commission), a statutory body affiliated 

with the National Archives and Records 

Administration (NARA), supports a 

wide range of activities to preserve, 

publish, and encourage the use of 

primary documentary sources. Through 

the NHPRC’s grant programs, training 

programs, and special projects, the 

Commission offers advice and 

assistance to State and local government 

agencies, non-Federal nonprofit 

organizations and institutions, and 

Federally-acknowledged or staterecognized Native American tribes or 

groups committed to the preservation, 

publication, or use of United States 

documentary resources. 

■ 6. Amend § 1206.8 by revising 

paragraphs (b), (d), and (e) to read as 

follows: 

§ 1206.8 How do you operate the grant 

program? 

* * * * * 

(b) The Commission establishes grant 

program priorities as reflected in its 

grant opportunity announcements and, 

from time-to-time, issues non-binding, 

clarifying guidance documents through 

the NHPRC Web site. 

* * * * * 

(d) The purpose and work plan of all 

NHPRC-funded grant projects must be 

in accord with current Commission 

program guidance as reflected in the 

grant opportunity announcements. 

(e) The Commission makes funding 

recommendations to the Archivist of the 

United States, who has the authority to 

award grants. 

■ 7. Amend § 1206.10 by revising 

paragraphs (b) and (c) to read as follows: 

§ 1206.10 How do you make grant 

opportunities known? 

* * * * * 

(b) The NHPRC staff prepares grant 

opportunity announcements consisting 

of all information necessary to apply for 

each grant and publishes the 

announcements on the NHPRC Web site 

(http://www.archives.gov/nhprc) at least 

three months before the final 

application due date. 

(c) The NHPRC staff publishes notice 

of each announcement on http:// 

www.grants.gov, a Federal government 

Web site widely available to the public, 

at least three months before the final 

application due date. 

■ 8. Amend § 1206.12 by revising 

paragraph (a) to read as follows: 

§ 1206.12 What are my responsibilities 

once I have received a grant? 

(a) Comply with all Federal 

regulations about grants administration 

that are contained in § 1206.72. 

* * * * * 

Subpart B—[Amended] 

■ 9. Amend § 1206.24 by revising 

paragraph (a) introductory text to read 

as follows: 

§ 1206.24 What type of proposal is 

ineligible for a publications grant? 

(a) The Commission does not support: 

* * * * * 

Subpart C—[Amended] 

■ 10. Amend § 1206.32 by revising 

paragraphs (a) and (b) introductory text 

to read as follows: 

§ 1206.32 What type of proposal is eligible 

for a records grant? 

(a) The Commission provides grants 

to historical records repositories for 

locating, preserving and encouraging 

use of records held by State, local, and 

other governmental units and private 

archives and collections of papers 

maintained in non-Federal, nonprofit 

repositories and special collections 


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relating to the study of American 

history. 

(b) The Commission provides support 

to historical records repositories and 

other institutions for: 

* * * * * 

■ 11. Amend § 1206.34 by revising the 

introductory text to read as follows: 

§ 1206.34 What type of proposal is 

ineligible for a records grant? 

In addition to other programmatic 

limitations established by the 

Commission as found in the grant 

opportunity announcements, NHPRC 

does not support proposals: 

* * * * * 

Subpart D—[Amended] 

■ 12. Amend § 1206.40 by revising 

paragraph (a) to read as follows: 

§ 1206.40 What is a State records 

program? 

(a) Each State is eligible to receive 

NHPRC grants to support the work of 

the State historical records advisory 

board (board); to operate statewide 

historical records services; and to make 

sub-grants to eligible organizations 

within the State in support of historical 

records activities. 

* * * * * 

■ 13. Amend § 1206.41 by revising 

paragraphs (a) and the first and last 

sentence of paragraph (b) as follows: 

§ 1206.41 What is a State historical 

records advisory board and how is it 

constituted? 

(a) Responsibilities. The board is the 

central advisory body for historical 

records coordination within the State 

and for NHPRC State and local records 

projects within the State. The board 

engages in planning; it develops, 

revises, and submits to the Commission 

a State plan including priorities for 

State historical records projects 

following ‘‘The Manual of Suggested 

Practices.’’ The board reviews all State 

and local records projects within the 

State and makes recommendations for 

State projects to the Commission. 

(b) * * * Each State participating in 

the NHPRC State program must adopt 

an appointment process and appoint a 

board following ‘‘The Manual of 

Suggested Practices.’’ * * * The board 

should be as broadly representative as 

possible of the public and private 

archives, records offices, and research 

institutions and organizations in the 

State. 

■ 14. Amend § 1206.42 by revising 

paragraphs (a), the first two sentences of 

paragraph (b), and paragraph (c) to read 

as follows: 

§ 1206.42 What is a State coordinator? 

(a) Duties. The State coordinator 

(coordinator) is the officer responsible 

for the NHPRC State program. He or she 

reports the State board appointment 

process, membership and 

recommendations to the NHPRC at least 

on an annual basis and may serve as 

chair of the board and may perform 

other duties following applicable State 

statute or regulation and ‘‘The Manual of 

Suggested Practices.’’ 

(b) * * * The coordinator should be 

the full-time professional official in 

charge of the State archival program or 

agency, unless otherwise specified in 

State statute or regulation. The 

coordinator serves ex officio, unless 

otherwise specified in State statute or 

regulation. * * * 

(c) Replacement. In the absence of a 

deputy coordinator, the State board may 

select an acting coordinator until 

another coordinator is appointed, in 

order to conduct the necessary business 

of the board. 

§ 1206.43 [Amended] 

■ 15. Amend § 1206.43 by capitalizing 

the ‘‘S’’ in the word ‘‘State’’ in the 

heading and in the text. 

■ 16. Revise § 1206.44 to read as 

follows: 

§ 1206.44 Who is eligible for sub-grants? 

All organizations located within a 

State that has an active State historical 

records board and entities defined in 

§ 1206.54 may be eligible, as determined 

by the board. 

■ 17. Amend § 1206.45 by revising the 

heading and paragraphs (a)(1), (b), and 

(c) to read follows: 

§ 1206.45 What rules govern sub-grant 

distribution, cost sharing, grant 

administration, and reporting? 

(a) * * * 

(1) The distribution of re-grant funds; 

* * * * * 

(b) Each participating State is 

responsible for ensuring that the subgrantees comply with Federal grant 

administration and reporting 

requirements. 

(c) Each participating State must 

annually prepare a report to the NHPRC 

on its sub-grant program, following the 

requirements outlined in § 1206.80. 

Subpart E—[Amended] 

■ 18. Amend § 1206.50 by revising the 

first two sentences of paragraph (a)(1) to 

read as follows: 

§ 1206.50 What types of funding and cost 

sharing arrangements does the 

Commission make? 

(a) * * * 

(1) * * * A matching grant is a 

Federal grant awarded only after the 

applicant raises its share of non-Federal 

support for a project. We will match 

only funds raised from non-Federal 

sources, either monies provided by the 

applicant’s own institution specifically 

for the project or from a non-Federal 

third-party source. * * * 

* * * * * 

§ 1206.52 [Amended] 

■ 19. Amend § 1206.52 by removing the 

words ‘‘We describe’’ from the second 

sentence and adding in their place the 

words ‘‘The Commission describes’’. 

■ 20. Revise § 1206.54 to read as 

follows: 

§ 1206.54 Who may apply for NHPRC 

grants? 

The Commission will consider 

applications from State government 

agencies in States where there is an 

active board; local government agencies; 

United States nonprofit organizations 

and institutions, including institutions 

of higher education; or Federallyacknowledged and State-recognized 

American Indian tribes or groups. 

■ 21. Revise § 1206.56 to read as 

follows: 

§ 1206.56 When are applications due? 

The Commission generally meets 

twice a year, and considers grant 

proposals submitted by the deadlines 

set by the Commission. The deadlines 

are published in each grant opportunity 

announcement and at http:// 

www.grants.gov. All proposals must be 

submitted by the published deadline. 

■ 22. Amend § 1206.58 by revising 

paragraphs (a), (b) introductory text, 

(b)(1)(i), (b)(1)(ii), and (b)(2), and by 

removing paragraphs (b)(1)(iii) and 

(b)(3). 

The revisions read as follows: 

§ 1206.58 Whom may I contact about 

applying for a grant? 

(a) Contact the NHPRC staff. The 

Commission encourages you to discuss 

your proposal through correspondence, 

by phone, or in person with NHPRC 

staff. 

(b) Contact your State Historical 

Records Advisory Board as appropriate. 

NHPRC encourages you to discuss your 

proposal with your State historical 

records coordinator at all stages of your 

proposal’s development and before you 

submit the proposal. 

(1) * * * 


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(i) Your proposal is for publications or 

subvention projects; or 

(ii) You are an American Indian tribe. 

(2) You will find the staff contacts and 

a list of State historical records 

coordinators on the Commission’s Web 

site at http://www.archives.gov/nhprc. 

§ 1206.60 [Amended] 

■ 23. Amend § 1206.60 in the first 

sentence by removing the word ‘‘Web’’ 

and adding in its place the word ‘‘web’’. 

■ 24. Revise § 1206.64(a) to read as 

follows: 

§ 1206.64 What formal notification will I 

receive, and will it contain other 

information? 

(a) Successful grant applicants will 

receive a formal grant award document. 

The document and attachments specify 

terms of the grant. NHPRC staff notifies 

project directors informally of awards 

and any conditions soon after the 

Archivist approves the grants. 

* * * * * 

Subpart F—[Amended] 

§ 1206.70 [Amended] 

■ 25. Amend § 1206.70 by removing the 

second sentence. 

■ 26. Amend § 1206.72 by revising 

paragraph (a) to read as follows: 

§ 1206.72 What are, and where can I find, 

the regulatory requirements that apply to 

NHPRC grants? 

(a) In addition to this Part 1206, 

NARA has issued other regulations that 

apply to NHPRC grants in 36 CFR Parts 

1200 to 1212 and 2 CFR Part 2600. 

NARA also applies the principles and 

standards in the following regulations 

and Office of Management and Budget 

(OMB) Circular for NHPRC grants: 

(1) 2 CFR Part 25 Universal Identifier 

and Central Contractor Registration; 

(2) 2 CFR Part 170 Reporting 

Subaward and Executive Compensation 

Information; 

(3) 2 CFR Part 220 Cost Principles for 

Educational Institutions (OMB Circular 

A–21); 

(4) 2 CFR Part 225 Cost Principles for 

State, Local, and Indian Tribal 

Governments (OMB Circular A–87); 

(5) 2 CFR Part 230 Cost Principles for 

Non-Profit Organizations (OMB Circular 

A–122); and 

(6) OMB Circular A–133, ‘‘Audits of 

States, Local Governments, and 

Nonprofit Organizations.’’ This circular 

is available at http://www.whitehouse.

gov/omb/circulars_default. 

* * * * * 

§ 1206.74 [Amended] 

■ 27. Amend § 1206.74 in the first 

sentence by removing the word 

‘‘Commission’’ and adding ‘‘NHPRC’’ in 

its place. 

■ 28. Revise § 1206.76 to read as 

follows: 

§ 1206.76 May I receive an extension to my 

grant project? 

Yes, requests for extensions of the 

grant period should be signed by the 

grantee’s authorized representative and 

submitted not more than two months 

before the scheduled end of the grant 

period. The NHPRC will not allow 

extensions unless a project is up-to-date 

in its submission of financial and 

narrative reports. 

§ 1206.80 [Amended] 

■ 29. Amend § 1206.80(a) in the first 

sentence by removing the word ‘‘status’’. 

■ 30. Revise § 1206.82 to read as 

follows: 

§ 1206.82 What is the format and content 

of the financial report? 

Grant recipients must submit 

financial reports on Standard Form 425 

and have them signed by the grantee’s 

authorized representative or by an 

appropriate institutional fiscal officer. 

■ 31. Amend § 1206.84 by revising the 

second sentence of paragraph (a) and 

removing paragraph (c). 

The revision reads as follows: 

§ 1206.84 What is the format and content 

of the narrative report? 

(a) * * * The report should include a 

summary of project activities; whether 

the project proceeded on schedule; any 

revisions of the work plan, staffing 

pattern, or budget; any web address 

created by the project; and any other 

press releases, articles, or presentations 

relating to the grant project or its 

products. * * * 

* * * * * 

■ 32. Revise § 1206.86 to read as 

follows: 

§ 1206.86 What additional materials must I 

submit with the final narrative report? 

You must submit the materials 

required in the NHPRC grant 

announcements and in the grant award 

document. 

§ 1206.88 [Amended] 

■ 33. Amend § 1206.88 by removing the 

phrase ‘‘the National Archives and 

Records Administration (NARA)’’ and 

adding ‘‘NARA’’ in its place. 

Dated: October 18, 2010. 

David S. Ferriero, 

Archivist of the United States. 

[FR Doc. 2010–27282 Filed 10–27–10; 8:45 am] 

BILLING CODE 7515–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 95 

RIN 0970–AC33 

State Systems Advance Planning 

Document (APD) Process 

AGENCY: Office of Child Support 

Enforcement (OCSE), Administration for 

Children and Families (ACF), 

Department of Health and Human 

Services (HHS). 

ACTION: Final rule. 

SUMMARY: The Advance Planning 

Document (APD) process governs the 

procedure by which States obtain 

approval for Federal financial 

participation in the cost of acquiring 

automated data processing equipment 

and services. This final rule reduces the 

submission requirements for lower-risk 

information technology (IT) projects and 

procurements and increases oversight 

over higher-risk IT projects and 

procurements by making technical 

changes, conforming changes and 

substantive revisions in the 

documentation required to be submitted 

by States, counties, and territories for 

approval of their Information 

Technology plans and acquisition 

documents. 

DATES: Effective Date: This regulation is 

effective October 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robin Rushton, OCSE Division of State 

and Tribal Systems, (202) 690–1244, 

e-mail: Robin.Rushton@acf.hhs.gov. 

Deaf and hearing impaired individuals 

may call the Federal Dual Party Relay 

Service at 1–800–877–8339 between 

8 a.m. and 7 p.m. Eastern Time. 

SUPPLEMENTARY INFORMATION: 

Statutory Authority 

This final regulation is published 

under the general authority of 5 U.S.C. 

301, 42 U.S.C. 622(b), 629b(a), 652(a), 

652(d) 654A, 671(a), 1302, and 1396a(a). 

This regulation is published under the 

authority granted to the Secretary of the 

U.S. Department of Health and Human 

Services, (the Secretary) by Section 1102 

of the Social Security Act (the Act), 42 

U.S.C. 1302. This section authorizes the 

Secretary to publish regulations that 

may be necessary for the efficient 


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