Sec. 34.04.04.04. Eligible Grant Applicants

A. The following are eligible to apply for grants under the Program:

(1) A nonprofit organization only if the:

(a) Organization is in good standing, qualified to do business in Maryland, and has the legal capacity and all necessary legal authority to incur the obligations involved in the grants provided under the Program;

(b) Museum which is to be the beneficiary of a grant has been in existence as a nonprofit institution organized and operated on a nonprofit basis for at least 3 years before the date of application; and

(c) Organization or museum has applied for recognition as a tax-exempt organization under §501 of the Federal Internal Revenue Code, as amended;

(2) A local jurisdiction, only if the museum which is to be the beneficiary of a grant has been in existence as an agency or instrumentality of a local jurisdiction or as a nonprofit institution for at least 3 years before the date of application.

B. Grants may not be made under the Program for a museum that:

(1) Concurrently receives operating support from the Maryland State Arts Council;

(2) Is operated by the State;

(3) Is operated, in whole or in part, by a department or agency of the federal government.