§8104. Payments; amounts of award; cost share; limitations

(a) Payments

(1) In general

The Secretary shall pay to each eligible recipient having an application approved under section 8103(c) of this title the Federal share of the cost of the activities described in the application.

(2) Special rule

(A) Grants awarded under this subpart shall be of sufficient size, scope, and quality to be effective.

(B) The Secretary shall award grants under this subpart so as to ensure nonduplication of services provided by grant recipients and services provided by-

(i) the National Endowment for the Humanities;

(ii) the National Endowment for the Arts; and

(iii) the Institute of Museum and Library Services.

(b) Cost share

(1) Federal share

The Federal share of a grant under this subpart shall be 80 percent of the cost of carrying out the activities described in the application.

(2) Non-Federal share

The non-Federal share of a grant under this subpart shall be 20 percent of the cost of carrying out the activities described in the application and may be in cash or in kind, fairly evaluated, including the provision of equipment, services, or facilities.

(c) Limitations

(1) Noninstructional services

Not more than 25 percent of the grant funds provided in any fiscal year under this subpart may be used for noninstructional activities such as the activities described in paragraphs (4), (5), and (12) of section 8103(a) of this title.

(2) Supplement and not supplant

Grant funds awarded under this part shall be used to supplement not supplant the amount of funds made available from non-Federal sources, for the activities assisted under this subpart, in amounts that exceed the amounts expended for such activities in the year preceding the year for which the grant is awarded.

(3) Administrative costs

(A) The Secretary may reserve not more than five percent of the grant funds received under this subpart in each fiscal year for the costs of administration.

(B) Each eligible recipient may reserve not more than 5 percent of any grant funds received under this subpart in each fiscal year for the costs of administration.

(Pub. L. 89–10, title X, §10414, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3836 ; amended Pub. L. 104–208, div. A, title I, §101(e) [title VII, §709(b)(3)(C)], Sept. 30, 1996, 110 Stat. 3009–233 , 3009-313.)

Amendments

1996-Subsec. (a)(2)(B)(iii). Pub. L. 104–208 added cl. (iii) and struck out former cl. (iii) which read as follows: "the Institute of Museum Services."