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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
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48.118 What will the Bureau do if a lessee does not cure a lease violation on time?

Subpart CFundraising Activities
a If the lessee does not cure a violation of a lease within the required time period, or provide adequate proof of payment as required in the notice of violation, the Bureau will take one or more of the following actions:
1 Cancel the lease;
2 Invoke other remedies available under the lease or applicable law, including collection on any available performance bond or, for failure to pay compensation, referral of the debt to the Department of the Treasury for collection; or 3 Grant the lessee additional time in which to cure the violation.
b The Bureau may take action to recover unpaid compensation and any associated late payment charges under 48.113, and does not have to cancel the lease or give any further notice to the lessee before taking action to recover unpaid compensation. The Bureau may still take action to recover any unpaid compensation if it cancels the lease.
c If the Bureau decides to cancel the lease, it will send the lessee and any surety and mortgagee a cancellation letter by certified mail, return receipt requested, within 5 business days of its decision. The cancellation letter will:
1 Explain the grounds for cancellation;
2 If applicable, notify the lessee of the amount of any unpaid compensation or late payment charges due under the lease;
3 Notify the lessee of the lessees right to appeal to the Director if the decision is made by the Directors designee, or to the Interior Board of Indian Appeals if the decision is made by the Director, including the possibility that the official to whom the appeal is made may require the lessee to post an appeal bond;
4 Order the lessee to vacate the property within 31 days of the date of receipt of the cancellation letter, if an appeal is not filed by that time; and 5 Order the lessee to take any other action the Bureau deems necessary to protect the facility.
d The Bureau may invoke any other remedies available under the lease, including collecting on any available performance bond.
48.119 May a lease be assigned, subleased, or mortgaged?

A lessee may assign, sublease, or mortgage a lease only with the approval of the Director.

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48.201
apply?

To whom does this subpart
This subpart applies to employees that fundraise for a Bureau-operated school. This subpart does not apply to students who fundraise.
48.202

May employees fundraise?

a Employees may fundraise for school purposes as part of their official duties using their official title, position and authority, so long as:
1 The Director or the Directors designee or the Head of the School approves the fundraising in advance and certifies that it complies with this subpart; and 2 The employees ensure the fundraising conforms to the requirements of this subpart.
b Nothing in this part allows participation in political or other activities prohibited by law.
48.203 How much time may employees spend fundraising?

Each authorized employee may spend no more than a reasonable portion of his or her official duty time as an employee in any calendar year fundraising.
48.204 For what school purposes may employees fundraise?

Employees may fundraise for school purposes as defined in 48.3.
48.205 What are the limitations on fundraising?

a Fundraising may not include any gaming or gambling activity.
b Fundraising may not violate, or create an appearance of violating, any applicable ethics statutes or regulations.
c Donations from fundraising must maintain the integrity of the Bureauoperated school programs and operations, including but not limited to the following considerations:
1 The donation may not, and may not appear, to be an attempt to influence the exercise of any regulatory or other authority of the Bureau;
2 The donation may not require commitment of current or future funding that is not planned or available;
3 The donation must be consistent with, and may not otherwise circumvent, law, regulation, or policy;
4 The Bureau-operated school must be able to properly utilize or manage any donated real or personal property within policy, programmatic, and management goals;
5 Any conditions on the donation must be consistent with authorized school purposes and any relevant policy or planning documents;
6 The donation may not be used by the donor to state or imply endorsement
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by the Bureau or Bureau-operated school of the donor or the donors products or services;
7 The donation, if it consists of personnel or funding to hire personnel, must be structured such that the donated or funded personnel do not inappropriately influence any Bureau regulatory action or other significant decision.
d The fundraising and donation must maintain the impartiality, and appearance of impartiality, of the Bureau, Bureau-operated school, and its employees, including but not limited to the following considerations:
1 The proposed donation may be only in an amount that would not influence or appear to influence any pending Bureau decision or action involving the donors interests;
2 There may be no actual or implied commitment to take an action favorable to the donor in exchange for the donation;
3 The donor may not obtain or appear to obtain special treatment dealing with the Bureau or Bureauoperated school.
e The fundraising and donation must maintain public confidence in the Bureau and Bureau-operated school, its programs, and its personnel, including but not limited to the following considerations:
1 The fundraising and acceptance of the donation would not likely result in public controversy;
2 Any conditions on donations must be consistent with the Bureau and Bureau-operated schools policy, goals, and programs; and 3 The fundraising and donation may not involve any inappropriate goods or services.
f Participation in fundraising is voluntary. No student, community member, or organization shall be forced, coerced or otherwise unduly pressured to participate in fundraising. No criticism nor any retaliatory action may be taken against, any student, community member, or organization for failure to participate or succeed in fundraising.
48.206 What approvals are necessary to accept a donation under this subpart?

Prior to accepting a donation valued at $5,000 or more under this subpart, the Directors designee must approve the acceptance and certify that it complies with this subpart, including the considerations of 48.205, Departmental policy, and any applicable statute or regulation.

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