(a) The following are not eligible as contributions:
(1) Normal operating expenses and other costs not directly related to the project;
(2) Any portion of salary or compensation of an individual who is the focus of a promotional activity;
(3) Depreciation, e.g., office equipment;
(4) The cost of insuring articles owned by private individuals;
(5) The cost of product development or product modifications;
(6) Slotting fees or similar sales expenditures;
(7) Funds, services, capital goods, or personnel provided by any U.S. government agency;
(8) Capital investments made by a third party, such as permanent structures, real estate, and the purchase of office equipment and furniture;
(9) The value of any services generated by a third party which involve no expenditure by the Recipient or third party, e.g., free publicity;
(10) The cost of developing any application/proposal for EMP funding;
(11) Costs included as contributions for any other federally-assisted project or program;
(12) Membership fees in clubs and social or professional organizations; and
(13) Any expenditure made prior to approval of an EMP-funded project.
(b) The Deputy Administrator shall determine, at his or her discretion, whether any cost not expressly listed in this section may be included as an eligible contribution.