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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
because you are, by default, excluded from the classroom because of your exceptionality. It is imperative that children attending public schools on Indian reservations be granted the opportunity to obtain an education, regardless of whether they have an exceptionality.
Response: This comment is not directly relevant to this rulemaking, but BIE has considered it in its implementation of Section 504 of the Rehabilitation Act of 1973.
IV. Changes to Proposed Rule The final rule makes three changes to the proposed rule for clarity and to better define BIE officials roles and responsibilities:
Revises the definition of Directors designee to mean only the Associate Deputy Director deleting the Education Program Administrator;
Adds in 48.202 that the Head of the School, in addition to the Director or Directors designee, is one of the individuals authorized to approve fundraising in advance; and Separates out the discussion of how a Bureau-operated school processes donated funds from 48.207, regarding how donations may be used, to a new 48.208.

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A. Regulatory Planning and Review E.O. 12866
Executive Order E.O. 12866 provides that the Office of Information and Regulatory Affairs OIRA at the Office of Management and Budget OMB will review all significant rules. OIRA has determined that this rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the Nations regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The E.O. directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements.

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C. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5
U.S.C. 8042, the Small Business Regulatory Enforcement Fairness Act.
This rule:
a Will not have an annual effect on the economy of $100 million or more.
b Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions.
c Will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of the U.S.-based enterprises to compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
V. Procedural Requirements
B. Regulatory Flexibility Act The Department of the Interior certifies that this document will not
have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.. It does not change current funding requirements and any economic effects on small entities would be fees charged for the use of the facilities, which must be tied to either fair market value or the costs to the Bureau of the lease and would not have a significant economic effect on the small entities.

This rule does not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates Reform Act 2 U.S.C. 1531 et seq. is not required.
E. Takings E.O. 12630
This rule does not affect a taking of private property or otherwise have taking implications under Executive Order 12630. A takings implication assessment is not required.
F. Federalism E.O. 13132
Under the criteria in section 1 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. A federalism summary impact statement is not required.
G. Civil Justice Reform E.O. 12988
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
a Meets the criteria of section 3a requiring that all regulations be reviewed to eliminate errors and
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ambiguity and be written to minimize litigation; and b Meets the criteria of section 3b2
requiring that all regulations be written in clear language and contain clear legal standards.
H. Consultation With Indian Tribes E.O. 13175
The Department of the Interior strives to strengthen its government-togovernment relationship with Indian Tribes through a commitment to consultation with Indian Tribes and recognition of their right to selfgovernance and Tribal sovereignty. We have evaluated this rule under the Departments consultation policy and under the criteria in Executive Order 13175 and have identified substantial direct effects on federally recognized Indian Tribes that will result from this rulemaking. The Department acknowledges that Tribes with children attending Bureau-operated schools have an interest in this rule because it provides for consideration for the leasing of Bureau-operated schools and fundraising standards for employees of Bureau-operated schools. As such, the Department engaged Tribal government representatives by distributing a letter, dated June 19, 2014, with a copy of the draft rule and requesting comment on the draft rule by July 31, 2014. The Department also published a proposed rule on June 21, 2016 81 FR 40218 and hosted a listening session and two teleconference consultations on the rule, but received no substantive comments.
The Department hosted an additional consultation November 13, 2020, but received no substantive comments.
I. Paperwork Reduction Act This rule contains new information collections. All information collections require approval under the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq.. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget OMB control number. The Department is seeking approval of a new information collection, as follows.
Brief Description of Collection: The Bureau of Indian Education BIE is establishing standards for the appropriate use of lands and facilities by third parties. These standards address the following: The execution of lease agreements; the establishment and administration of mechanisms for the acceptance of consideration for the use and benefit of a Bureau-operated school;
the assurance of ethical conduct; and monitoring the amount and terms of
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