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Section One: General Information

Section Two: Preparing and Submitting an

Application

You are currently on: Section Three: IMLS

Assurances and Certification

IMLS Assurances and Certifications

IMLS is required to obtain from all applicants

certifications regarding federal debt status,

debarment and suspension, nondiscrimination, and a

drug-free workplace. Applicants requesting more

than $100,000 in grant funds must also certify

regarding lobbying activities and may be required

to submit a Disclosure of Lobbying Activities

form (Standard Form LLL). Some applicants will be

required to certify that they will comply with

other federal statutes that pertain to their

particular situation. These requirements are

incorporated in the Assurances Statement below.

The authorized representative must review the

statement and provide the certification in item 9

on the Application for Federal Domestic

Assistance/Short Organizational Form (SF-424s).

Assurances Statement

By signing the application form, the authorized

representative, on behalf of the applicant,

assures and certifies that, should a grant be

awarded, the applicant will comply with the

statutes outlined below and all related IMLS

regulations (see 45 CFR Chapter XI and 2 CFR

Chapter XXXI). These assurances are given in

connection with any and all financial assistance

from IMLS after the date this form is signed, but

may include payments after this date for financial

assistance approved prior to this date. These

assurances shall obligate the applicant for the

period during which the federal financial

assistance is extended. The applicant recognizes

and agrees that any such assistance will be

extended in reliance on the representations and

agreements made in these assurances, and that the

United States government has the right to seek

judicial enforcement of these assurances, which

are binding on the applicant, its successors,

transferees, and assignees, and on the authorized

official whose signature appears on the

application form.

Certifications Required of All Applicants

Financial, Administrative, and Legal

Accountability

The authorized representative, on behalf of the

applicant, certifies that the applicant has legal

authority to apply for federal assistance and the

institutional, managerial, and financial

capability (including funds sufficient to pay the

nonfederal share of project costs) to ensure

proper planning, management, and completion of the

project described in this application.

The authorized representative, on behalf of the

applicant, certifies that the applicant will cause

to be performed the required financial and

compliance audits in accordance with the Single

Audit Act Amendments of 1996 (31 U.S.C. 7501 et

seq.) and OMB Circular No. A-133, Audits of

States, Local Governments, and Non-Profit

Organizations.

The authorized representative, on behalf of the

applicant, certifies that the applicant will

comply with the provisions of applicable OMB

Circulars.

Federal Debt Status

The authorized representative, on behalf of the

applicant, certifies to the best of his or her

knowledge and belief that the applicant is not

delinquent in the repayment of any federal debt.

Debarment and Suspension

The applicant shall comply with 2 C.F.R. Part

3185. The authorized representative, on behalf of

the applicant, certifies to the best of his or her

knowledge and belief that neither the applicant

nor any of its principals:

are presently excluded or disqualified;

have been convicted within the preceding three

years of any of the offenses listed in 2 C.F.R.

180.800(a) or had a civil judgment rendered

against it or them for one of those offenses

within that time period;

are presently indicted for or otherwise

criminally or civilly charged by a governmental

entity (federal, state, or local) with

commission of any of the offenses listed in 2

C.F.R. 180.800(a); or

have had one or more public transactions

(federal, state, or local) terminated within the

preceding three years for cause or default.

Where the applicant is unable to certify to any of

the statements in this certification, he or she

shall attach an explanation to this application.

The applicant, as a primary tier participant, is

required to comply with 2 C.F.R. Part 180 Subpart

C (Responsibilities of Participants Regarding

Transactions Doing Business with Other Persons) as

a condition of participation in the award. The

applicant is also required to communicate the

requirement to comply with 2 C.F.R. Part 180

Subpart C (Responsibilities of Participants

Regarding Transactions Doing Business with Other

Persons) to persons at the next lower tier with

whom the applicant enters into covered

transactions.

Nondiscrimination

The authorized representative, on behalf of the

applicant, certifies that the applicant will

comply with the following nondiscrimination

statutes and their implementing regulations:

Title VI of the Civil Rights Act of 1964, as

amended (42 U.S.C. 2000 et seq.), which

prohibits discrimination on the basis of race,

color, or national origin;

Section 504 of the Rehabilitation Act of 1973,

as amended (29 U.S.C. 701 et seq.), which

prohibits discrimination on the basis of

disability;

Title IX of the Education Amendments of 1972, as

amended (20 U.S.C. 168183, 168586), which

prohibits discrimination on the basis of sex in

education programs; and

the Age Discrimination in Employment Act of

1975, as amended (42 U.S.C. 6101 et seq.),

which prohibits discrimination on the basis of

age.

Drug-Free Workplace

The authorized representative, on behalf of the

applicant, certifies, as a condition of the award,

that the applicant will or will continue to

provide a drug-free workplace by complying with

the requirements in Subpart B of 45 C.F.R. Part

1186.

This includes: making a good faith effort, on a

continuing basis, to maintain a drug-free

workplace; publishing a drug-free workplace

statement; establishing a drug-free awareness

program for its employees; taking actions

concerning employees who are convicted of

violating drug statutes in the workplace; and

identifying (either with this application or upon

award, or in documents kept on file in the

applicants office) all known workplaces under the

award.

[Note: IMLS Drug-Free Workplace regulations will

shortly be relocated from 45 C.F.R. Part 1186 to 2

CFR.]

Certification Regarding Lobbying Activities

(Applies to Applicants Requesting Funds in Excess

of $100,000)

The authorized representative certifies, to the

best of his or her knowledge and belief, that:

(a) no federal appropriated funds have been paid

or will be paid by or on behalf of the authorized

representative to any person for influencing or

attempting to influence an officer or employee of

any agency, a member of Congress, an officer or

employee of Congress, or an employee of a member

of Congress in connection with the awarding of a

federal contract, the making of a federal grant,

the making of a federal loan, the entering into of

a cooperative agreement, or the extension,

continuation, renewal, amendment, or modification

of a federal contract, grant, loan, or cooperative

agreement;

(b) if any funds other than appropriated federal

funds have been paid or will be paid to any person

(other than a regularly employed officer or

employee of the applicant) for influencing or

attempting to influence an officer or employee of

any agency, a member of Congress, an officer or

employee of Congress, or an employee of a member

of Congress in connection with this federal

contract, grant, loan, or cooperative agreement,

the authorized representative shall request,

complete, and submit Standard Form LLL,

Disclosure of Lobbying Activities, in accordance

with its instructions; and

(c) the authorized representative shall require

that the language of this certification be

included in the award documents for all subawards

at all tiers (including subcontracts, subgrants,

and contracts under grants, loans, and cooperative

agreements) and that all subrecipients shall

certify and disclose accordingly.

General Certification

The authorized representative, on behalf of the

applicant, certifies that the applicant will

comply with all applicable requirements of all

other federal laws, executive orders, regulations,

and policies governing the program. IMLS grant

regulations may be found at 45 C.F.R. Chapter XI

and 2 C.F.R. Chapter XXXI.

Certifications Required of Some Applicants

The following certifications are required if

applicable to the project for which an application

is being submitted. Applicants should be aware

that additional federal certifications, not listed

below, might apply to a particular project.

Subcontracts

A grantee may not make a subgrant (for more

details, see 45 C.F.R. Chapter XI, Subchapter E

[Institute of Museum and Library Services]).

Applicants who plan to use awards to fund

contracts and subcontracts should be aware that

they must comply with the communication and

verification requirements set forth in the above

Debarment and Suspension provisions.

Native American Human Remains and Associated

Funerary Objects

The authorized representative, on behalf of the

applicant, certifies that the applicant will

comply with the provisions of the Native American

Graves Protection and Repatriation Act of 1990 (25

U.S.C. 3001 et seq.), which applies to any

organization that controls or possesses Native

American human remains and associated funerary

objects, and which receives federal funding, even

for a purpose unrelated to the Act.

Historic Properties

The authorized representative, on behalf of the

applicant, certifies that the applicant will

assist the awarding agency in ensuring compliance

with Section 106 of the National Historic

Preservation Act of 1966, as amended (16 U.S.C.

470f), Executive Order (E.O.) 11593, and the

Archaeological and Historic Preservation Act of

1974 (16 U.S.C. 469 et seq.).

Environmental Protections

The authorized representative, on behalf of the

applicant, certifies that the project will comply

with environmental standards, including the

following:

(a) institution of environmental quality control

measures under the National Environmental Policy

Act of 1969, as amended (42 U.S.C. 4321 et seq.)

and E.O. 11514;

(b) notification of violating facilities pursuant

to E.O. 11738;

(c) protection of wetlands pursuant to E.O.

11990, as amended by E.O. 12608;

(d) evaluation of flood hazards in floodplains in

accordance with E.O. 11988, as amended;

(e) assurance of project consistency with the

approved state management program developed under

the Coastal Zone Management Act of 1972, as

amended (16 U.S.C. 1451 et seq.);

(f ) conformity of federal actions to State (Clean

Air) Implementation Plans under section 176(c) of

the Clean Air Act of 1955, as amended (42 U.S.C.

7401 et seq.);

(g) protection of underground sources of drinking

water under the Safe Drinking Water Act of 1974,

as amended (42 U.S.C. 300f et seq.); and

(h) protection of endangered species under the

Endangered Species Act of 1973, as amended (16

U.S.C. 15311543).

The authorized representative, on behalf of the

applicant, certifies that the project will comply

with the Wild and Scenic Rivers Act of 1968, as

amended (16 U.S.C. 1271 et seq.), related to

protecting components or potential components of

the national wild and scenic rivers system.

The authorized representative, on behalf of the

applicant, certifies that the applicant will

comply with the flood insurance requirements of

the Flood Disaster Protection Act of 1973, as

amended (42 U.S.C. 4001 et seq.), which requires

recipients in a special flood hazard area to

participate in the program and to purchase flood

insurance if the total cost of insurable

construction and acquisition is $10,000 or more.

Research on Human and Animal Subjects

The authorized representative, on behalf of the

applicant, certifies that the project will comply

with 45 C.F.R. Part 46 regarding the protection of

human subjects involved in research, development,

and related activities supported by this award of

assistance.

The authorized representative, on behalf of the

applicant, certifies that the project will comply

with the Laboratory Animal Welfare Act of 1966, as

amended (7 U.S.C. 2131 et seq.) pertaining to

the care, handling, and treatment of warm-blooded

animals held for research, teaching, or other

activities supported by this award of assistance.

● ● ●

For further information on these certifications,

contact IMLS, 1800 M Street, NW, 9th Floor,

Washington, DC 20036. Or call 202/653-IMLS (4657).

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