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45.201 ARTS AND ARTIFACTS INDEMNITY

FEDERAL AGENCY
FEDERAL COUNCIL ON THE ARTS AND THE HUMANITIES, NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

AUTHORIZATION
National Foundation on the Arts and the Humanities Act of 1965, as amended, Public Laws 89-209, and 94-158, 20 U.S.C. 971 et seq.

OBJECTIVES
To provide for indemnification against loss or damage for eligible art works, artifacts, and objects (1) when borrowed from abroad for exhibition in the U.S.; (2) when borrowed from the U.S. for exhibition abroad, preferably when there is an exchange exhibition from a foreign country; and (3) when borrowed from the U.S. for exhibition in the U.S. as part of exhibitions from abroad which include foreign-owned objects.

TYPES OF ASSISTANCE
Insurance.

USES AND USE RESTRICTIONS
Certificates of Indemnity will be issued for the following items insuring them against loss or damage: (1) Works of art, including tapestries, paintings, sculpture, folk art, graphics, and craft arts; (2) manuscripts, rare documents, books, and other printed or published materials; (3) other artifacts or objects; and 4) photographs, motion pictures, or audio and video tape. Items must be of educational, cultural, historical or scientific value; and their exhibition must be certified by the U.S. Department of State to be in the national interest. Restrictions: No indemnity agreement for a single exhibition shall exceed $1.2 billion. Deductible amounts are on a sliding scale based on the value of certificate, as follows: $15,000 deductible for exhibitions of up to $2 million in value; $25,000 for valuation of $2 million to $10 million; $50,000 for valuation of $10 million to $125 million; $100,000 for valuation of $125 million to $200 million; $200,000 for valuation of $200 million to $300 million; $300,000 for valuation of $300 million to $400 million; $400,000 for valuation of $400 million to $500 million; and $500,000 for valuation above $500 million. The total amount of indemnities that can be outstanding at any one time is $10 billion.

Applicant Eligibility
Federal, State, and local government entities, and nonprofit agencies and institutions may apply.

Beneficiary Eligibility
Federal, State, and local government entities, and nonprofit agencies and institutions will benefit. Audiences of indemnified exhibitions will also benefit.

Credentials/Documentation
This program is excluded from coverage under OMB Circular No. A-87.

Preapplication Coordination
Assistance is available from the Indemnity Administrator, National Endowment for the Arts, Washington, DC 20506-0001. This program is excluded from coverage under OMB Circular No. A-102; it is also excluded from coverage under E.O. 12372.

Application Procedure
Applicants should obtain guidelines and application instructions from the Arts Endowment's Web site at www.arts.gov. This program is excluded from coverage under OMB Circular No. A-110.

Award Procedure
The Federal Council on the Arts and the Humanities makes final decisions on all awards based on recommendations from consulting panels of professionals in the field.

Deadlines
April 1 and October 1 of each year.

Range of Approval/Disapproval Time
Dependent on meetings of the Federal Council on the Arts and the Humanities; approximately three months.

Appeals
None.

Renewals
Requests for extensions and renewals must compete against new applications.

Formula and Matching Requirements
Coverage does not include the first $15,000 to $500,000 based on the deductible formula for the value of an exhibition. The applicant must assume the deductible for the exhibition.

Length and Time Phasing of Assistance
The time of assistance varies.

Reports
Reports of loss or damage at termination of exhibit.

Audits
Final audits may be made at the discretion of the Federal Council on the Arts and the Humanities for up to three years after the termination of the indemnity time period.

Records
Applicants are responsible for complete packing, shipping, security and condition reports on all indemnified items.

Account Identification
59-0100-0-1-503.

Obligations
(Claim payments) FY 07 $0; FY 08 $0; and FY 09 est $0.

Range and Average of Financial Assistance
None.

PROGRAM ACCOMPLISHMENTS
Thirty-nine certificates of indemnity were issued in fiscal year 2007 for 39 exhibitions. It is estimated that 45 certificates of indemnity will be issued in fiscal year 2008 for 45 exhibitions. It is anticipated that 50 certificates of indemnity will be issued in fiscal year 2009 for 50 exhibitions.

REGULATIONS, GUIDELINES, AND LITERATURE
Regulations and guidelines are available on the Arts Endowment's Web site at www.arts.gov.

Regional or Local Office
None.

Headquarters Office
Indemnity Administrator, National Endowment for the Arts, Washington, DC 20506-0001. Contact: Alice M. Whelihan. Telephone: (202) 682-5574.

Web Site Address
www.arts.gov

RELATED PROGRAMS
None.

EXAMPLES OF FUNDED PROJECTS
Current indemnified exhibitions are listed on the Web site, www.arts.gov.

CRITERIA FOR SELECTING PROPOSALS
Contact the Indemnity Administrator.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)