LEGAL REQUIREMENTS
Please carefully read these legal requirements. When you sign the application
you are certifying that all facts, figures, representations, and attachments
are true and correct to the best of your knowledge. Applicants assure the Idaho
Commission on the Arts that they will:
Expend funds solely for the activities described in the approved application. Written approval of the Commission must be received prior to changes being implemented. Grant funds not committed on the approved project must be returned to the Commission by the end of the fiscal year.
Maintain financial records, including substantiating documentation, for three years from the end date of the grant period, or until an audit has been completed and any questions arising from it have been resolved.
Comply with Title VI of the Civil Rights Act of 1964, which provides that no person in the United States shall, on the grounds of race, gender, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal funding.
Comply with the Fair Labor Standards Act regarding the employment of professional performers and related supporting professional personnel, laborers employed for any construction on a project, and the health, safety, and sanitary laws of the state.
Comply with the Drug-Free Workplace Act of 1988.
Meet the requirement of Section 504 of the Federal Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual of the United States...shall, solely by reason of that handicap, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Comply with the Americans with Disabilities Act of 1990, which requires that persons with disabilities must have access to public programs or services on an equal basis with the general public. Further, Section 504, the 1973 Rehabilitation Act mandates that any program or service that receives federal or state funding must be accessible to persons with disabilities. (Call 800/514-0301 or refer to NEA publication, The Arts and 504.)
Comply with the National Historic Preservation Act of 1966, as amended. This applies to any federal funds that would support either the planning or major renovation of any structure eligible for or on the National Register of Historic Places.
Comply with the National Environmental Policy Act of 1969, which
applies to activities that may have environmental implications.
Visit Accessibility
page on the National Endowment for the Arts web site for more useful information.
USE OF FUNDS
The state of Idaho and the National Endowment
for the Arts prohibit the use of Commission funds for lobbying. Recipients shall
not use grant funds for lobbying and must segregate grant funds from those used
for that purpose. Recipients may be required to disclose lobbying activities
and to certify that grant funds are not used for that purpose.
top
POLICIES
FREEDOM OF EXPRESSION AND COMMUNITY STANDARDS
The Commission is an advocate for and defender of the right of free speech for
all citizens under the First Amendment of the Constitution
of the United States. The Commission intends that funded projects exhibit a sensitivity and
responsiveness to community standards. It recognizes the need for public
support of the arts and understands the responsibilities that accompany the
allocation of public funds.
CONFLICT OF INTEREST
State law and Commission policy provide for conflict of interest
statements to guide the agency's decision-making. Members of the
Commission and the staff may not use their positions to influence
decisions or actions that will financially benefit themselves
or an organization with which they have a monetary or policy-making
interest.
Commission members and review panelists must disclose any organizational
affiliations and refrain from participating in discussion and
voting on proposals related to individuals or organizations with
which they have an affiliation.
PERMISSIONS AND ACKNOWLEDGMENTS, CREDIT, AND PUBLICITY STATEMENT
Credit the funding agencies by using the statement “This project is supported, in part, by the Idaho Commission on the Arts, the National Endowment for the Arts, and the Idaho State Legislature.” Publicity can include posters, programs, catalogues, scripts, and public service announcements.
Even during difficult economic times, the Idaho legislature has supported the programs and services of the Commission. Legislators and congressional representatives need to hear what that funding means, and we encourage you to express your thankfulness personally.
The Commission does not collect royalties or hold copyrights to
artistic products resulting from its grants; however, it has legal
authority to use or reproduce with credit such products for nonprofit,
official, promotional, or educational purposes.
The Commission features the work of recipients in its publications,
displays, and Web site. If you document your activities with photographs
or slides, we would appreciate receiving copies.
FISCAL AGENT
Organizations that have not received tax-exempt status
through the Internal Revenue Service may apply through another eligible tax-exempt
organization. This Fiscal Agent becomes the legal applicant, redistributes the
funds to the applicant organization, and is responsible for the grant requirements.
(Acting as a Fiscal Agent for another group will not exclude your organization
from applying for grants.) Though the Fiscal Agent receives the award, the sub-grantee
becomes the person who will bear the primary responsibility for the project.
The Commission recommends that the sub-grantee and Fiscal Agent
enter into a formal agreement outlining the working relationship.
The Commission will not act as arbitrator for any dispute between
the two groups.
APPEALS PROCESS
To appeal a decision made by the Commission an applicant must express the concern
in writing to the Executive Director within 30 days of notification. The amount
or conditions of the grant may not be appealed unless the applicant can demonstrate
a misinterpretation or misunderstanding by the review panel of the information
submitted.
Art washes away from the soul the dust of everyday life.-- Pablo Picasso
back