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34948

Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
Subpart BLeasing of Bureau-operated Facilities 48.101 Who may enter into a lease on behalf of a Bureau-operated school?
48.102 With whom may the Director enter into a lease?
48.103 What facilities may be leased?
48.104 What standards will the Director use in determining whether to enter into a lease?
48.105 What provisions must a lease contain?
48.106 May a lessee construct permanent improvements under a lease?
48.107 What consideration may a Bureauoperated school accept in exchange for a lease?
48.108 How will the Bureau determine appropriate consideration for a lease?
48.109 Who may use the funds?
48.110 For what purposes may a Bureauoperated school use the funds?
48.111 How does a lessee pay the Bureauoperated school under a lease?
48.112 How are lease payments processed?
48.113 Will late payment charges or special fees apply to delinquent lease payments?
48.114 How long will the funds be available?
48.115 How will the Bureau monitor the results achieved by the use of funds received from leases?
48.116 Who may investigate compliance with a lease?
48.117 What will the Bureau do about a violation of a lease?
48.118 What will the Bureau do if a lessee does not cure a lease violation on time?
48.119 May a lease be assigned, subleased, or mortgaged?
Subpart CFundraising Activities 48.201 To whom does this subpart apply?
48.202 May employees fundraise?
48.203 How much time may employees spend fundraising?
48.204 For what school purposes may employees fundraise?
48.205 What are the limitations on fundraising?
48.206 What approvals are necessary to accept a donation?
48.207 How may the donations solicited under this subpart be used?
48.208 How does a Bureau-operated school process donated funds?
48.209 How must the Bureau-operated school report donations?
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9;
Pub. L. 11274; Pub. L. 113235; Pub. L.
114113.

Subpart AGeneral Provisions
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48.1

What is the purpose of this part?

a The purpose of this part is to set forth processes and procedures to:
1 Implement authorization for the Director or his or her designee to lease or rent Bureau-operated school facilities in exchange for consideration in the form of funds;
2 Establish mechanisms and standards for leasing or renting of Bureau-operated facilities, and
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management and use of the funds received as consideration;
3 Describe allowable fundraising activities by the employees of Bureauoperated schools;
4 Set accountability standards to ensure ethical conduct; and 5 Establish provisions for monitoring the amount and terms of consideration received, the manner in which the consideration is used, and any results achieved by such use.
b Nothing in this part affects:
1 25 CFR 31.2, allowing for use of Federal Indian school facilities for community activities and adult education activities upon approval by the superintendent or officer-in-charge, where no consideration is received in exchange for the use of the facilities;
2 25 CFR 31.7 and 36.43g, establishing guidelines for student fundraising; or 3 The implementing regulations for the Federal Employees Quarters Facilities Act, 5 U.S.C. 5911, at 41 CFR
part 11451 and policies at Departmental Manual part 400, chapter 3; or 4 The use of Bureau-operated school facilities or lands by other Federal agencies so long as the use is memorialized in a written agreement between the Bureau and the other Federal agency.
48.2

What is the scope of this part?

The leasing provisions of this part apply only to facilities of schools operated by the Bureau and the fundraising provisions of this part apply only to employees of schools operated by the Bureau. This part does not apply to public schools, Public Law 100297
Tribally controlled schools, or Public Law 93638 contract or grant schools.
48.3 What definitions apply to terms in this part?

Assistant Secretary means the Assistant SecretaryIndian Affairs or his or her designee.
Bureau means the Bureau of Indian Education.
Bureau-operated school means a day or boarding school, a dormitory for students attending a school other than a Bureau school, or an institution of higher learning and associated facilities operated by the Bureau. This term does not include public schools, Public Law 100297 Tribally controlled schools, or Public Law 93638 contract or grant schools.
Construction means construction of new facilities, modification, or alteration of existing grounds or building structures.
Days means calendar days unless otherwise specified.

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Director means the Director, Bureau of Indian Education.
Directors designee or designee means the Associate Deputy DirectorNavajo Schools or Associate Deputy Director Bureau-Operated Schools.
Department means the Department of the Interior.
Donation means something of value e.g., funds, land, personal property received from a non-Federal source without consideration or an exchange of value.
Employee means an employee of the Bureau working at a Bureau-operated school.
Facilities means land or facilities authorized for use by a Bureau-operated school.
Funds means money.
Fundraising means requesting donations, selling items, or providing a service, activity, or event to raise funds, except that writing a grant proposal to secure resources to support school purposes is not fundraising. Fundraising does not include requests for donated supplies, materials, in-kind services, or funds e.g., fees for school activities that schools traditionally require or request parents and guardians of students to provide.
Head of the School means the Principal, President, School Supervisor, Residential Life Director, Superintendent of the School, or equivalent head of a Bureau-operated school.
Lease means a written contract or rental agreement executed in accordance with this part, granting the possession and use of facilities at a Bureau-operated school to a private or public person or entity in return for funds.
Private person or entity means an individual who is not acting on behalf of a public person or entity and includes, but is not limited to, private companies, nonprofit organizations and any other entity not included in the definition of public person or entity.
Public person or entity means a State, local, Federal, or Tribal governmental agency or unit thereof.
School purposes means lawful activities and purchases for the benefit of students and school operations including, but not limited to: Academic, residential, and extra-curricular programs during or outside of the normal school day and year; books, supplies or equipment for school use;
building construction, maintenance and/or operations; landscape construction, modifications, or maintenance on the school grounds.

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