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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
i If construction does not occur, or is not expected to be completed, within the time period specified in the lease, the lessee must provide the Director with an explanation of good cause as to the nature of any delay, the anticipated date of construction of facilities, and evidence of progress toward commencement of construction.
ii Failure of the lessee to comply with the due diligence requirements of the lease is a violation of the lease and may lead to cancellation of the lease.
b The lessee must prepare the required information and analyses, including information to facilitate the Bureaus analysis under applicable environmental and cultural resource requirements.
c The Bureau may take appropriate enforcement action to ensure removal of the permanent improvements and restoration of the premises at the lessees expense before or after expiration, termination, or cancellation of the lease. The Bureau may collect and hold the performance bond or alternative form of security until removal and restoration are completed.

48.107 What consideration may a Bureau-operated school accept in exchange for a lease?

A Bureau-operated school may accept only funds as consideration for a lease.
48.108 How will the Bureau determine appropriate consideration for a lease?

The Bureau will determine what consideration is appropriate for a lease by considering, at a minimum, the following factors:
a Fair market value and the indirect and direct costs of the lease; and b Whether there will be a net financial benefit to the school.
48.109

Who may use the funds?

The Bureau-operated school may use funds, including late payment charges, received as compensation for leasing that schools facilities.
48.110 For what purposes may a Bureauoperated school use the funds?

The Bureau-operated school must use the funds for school purposes.
48.111 How does a lessee pay the Bureau-operated school under a lease?

A lessee must pay consideration and any late payment charges due under the lease to the Bureau by certified check,
money order, or electronic funds transfer made out to the Bureau and containing identifying information as provided for in the lease.
48.112 How are lease payments processed?

The Bureau will deposit all funds received as lease consideration or late payment charge into the designated Treasury account. Once the Bureau deposits the funds, the Bureau will work with the Bureau-operated school to make the funds available for school purposes.
48.113 Will late payment charges or special fees apply to delinquent lease payments?

a Late payment charges will apply as specified in the lease. The failure to pay these amounts will be treated as a lease violation.
b The Bureau may assess the following special fees to cover administrative costs incurred by the United States in the collection of the debt, if rent is not paid in the time and manner required, in addition to late payment charges that must be paid under the terms of the lease:

TABLE 1 TO PARAGRAPH b The lessee will pay . . .

For . . .

1 $50.00
2 $15.00
3 18 percent of balance due

Any dishonored check.
Processing of each notice or demand letter.
Treasury processing following referral for collection of delinquent debt.

48.114 How long will the funds be available?

Funds generated under these regulations remain available to the recipient school until expended, notwithstanding 31 U.S.C. 3302, in accordance with the Bureau-operated schools plan for expending the funds for school purposes.

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48.115 How will the Bureau monitor the results achieved by the use of funds received from leases?

The Head of the School for each Bureau-operated school that has active leases under this part must submit an annual report to the Director, the designee, and the Office of Facilities Management and Construction. The report must contain the following information:
a A list of leases and the facilities covered by each lease;
b An accounting of receipts from each lease;
c An accounting of all expenditures and the supporting documentation
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showing that expenditures were made for school purposes;
d A report of the benefits provided by the leasing program as a whole;
e A certification that the terms of each lease were met or, if the terms of a lease were not met, the actions taken as a result of the noncompliance; and f Any unexpected expenses incurred.
48.116 Who may investigate compliance with a lease?

The Head of the School or his or her designee or any Bureau employee may enter the leased facility at any reasonable time, upon reasonable notice, and consistent with any notice requirements under the lease to determine if the lessee is in compliance with the requirements of the lease.
48.117 What will the Bureau do about a violation of a lease?

a If the Bureau determines there has been a violation of the conditions of a lease, it will promptly send the lessee and any surety and mortgagee a notice
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of violation, by certified mail, return receipt requested.
1 The notice of violation will advise the lessee that, within 10 business days of the receipt of a notice of violation, the lessee must:
i Cure the violation and notify the Bureau in writing that the violation has been cured;
ii Dispute the determination that a violation has occurred; or iii Request additional time to cure the violation.
2 The notice of violation may order the lessee to cease operations under the lease.
b A lessees failure to pay compensation in the time and manner required by the lease is a violation of the lease, and the Bureau will issue a notice of violation in accordance with this section requiring the lessee to provide adequate proof of payment.
c The lessee and its sureties will continue to be responsible for the obligations in the lease until the lease expires, or is terminated or cancelled.

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