81_FR_40337 81 FR 40218 - Use of Bureau-Operated Schools by Third Parties Under Lease Agreements and Fundraising Activity by Bureau-Operated School Personnel

81 FR 40218 - Use of Bureau-Operated Schools by Third Parties Under Lease Agreements and Fundraising Activity by Bureau-Operated School Personnel

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 119 (June 21, 2016)

Page Range40218-40226
FR Document2016-14665

Congress authorized the Director of the Bureau of Indian Education (BIE) to enter into agreements with third parties to lease the land or facilities of a Bureau-operated school in exchange for funding that benefits the school. This proposed rule establishes standards for the appropriate use of lands and facilities under a lease agreement, provisions for establishment and administration of mechanisms for the acceptance of consideration for the use and benefit of a school, accountability standards to ensure ethical conduct, and 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.

Federal Register, Volume 81 Issue 119 (Tuesday, June 21, 2016)
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Proposed Rules]
[Pages 40218-40226]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14665]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 48

[Docket ID: BIA-2014-0007/167 A2100DD/AAKC001030/A0A501010.999900]
RIN 1076-AF14


Use of Bureau-Operated Schools by Third Parties Under Lease 
Agreements and Fundraising Activity by Bureau-Operated School Personnel

AGENCY: Bureau of Indian Education, Interior.

ACTION: Proposed rule.

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SUMMARY: Congress authorized the Director of the Bureau of Indian 
Education (BIE) to enter into agreements with third parties to lease 
the land or facilities of a Bureau-operated school in exchange for 
funding that benefits the school. This proposed rule establishes 
standards for the appropriate use of lands and facilities under a lease 
agreement, provisions for establishment and administration of 
mechanisms for the acceptance of consideration for the use and benefit 
of a school, accountability standards to ensure ethical conduct, and 
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.

DATES: Please submit written comments by August 22, 2016. See the 
SUPPLEMENTARY INFORMATION section of this notice for dates of Tribal 
consultation sessions.

ADDRESSES: You may submit comments on the proposed rule by any of the 
following methods:

--Federal rulemaking portal: http://www.regulations.gov. The proposed 
rule is listed under the agency name ``Bureau of Indian Affairs'' and 
has been assigned Docket ID: BIA-2014-0007. If you would like to submit 
comments through the Federal e-Rulemaking Portal, go to 
www.regulations.gov and follow the instructions.
--Email: [email protected]. Include the number 1076-AF14 in the 
subject line of the message.

[[Page 40219]]

--Mail or hand-delivery: Elizabeth Appel, Office of Regulatory Affairs 
& Collaborative Action, U.S. Department of the Interior, 1849 C Street 
NW., MS 3642, Washington, DC 20240. Include the number 1076-AF14 on the 
envelope. Please note, email or www.regulations.gov are the preferred 
methods for submitting comments; there is no need to submit a hard copy 
if you have submitted the comments through either of these electronic 
methods.
    Comments on the Paperwork Reduction Act information collections 
contained in this rule are separate from comments on the substance of 
the rule. Submit comments on the information collection requirements in 
this rule to the Desk Officer for the Department of the Interior by 
email at [email protected] or by facsimile at (202) 395-5806. 
Please also send a copy of your comments to [email protected].
    We cannot ensure that comments received after the close of the 
comment period (see DATES) will be included in the docket for this 
rulemaking and considered. Comments sent to an address other than those 
listed above will not be included in the docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Vicki Forrest, Deputy Director for 
School Operations, Bureau of Indian Education, (202) 208-6123.

SUPPLEMENTARY INFORMATION:

I. Background
II. Summary of Proposed Rule
III. Tribal Consultation
IV. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866)
    B. Regulatory Flexibility Act
    C. Small Business Regulatory Enforcement Fairness Act
    D. Unfunded Mandates Reform Act
    E. Takings (E.O. 12630)
    F. Federalism (E.O. 13132)
    G. Civil Justice Reform (E.O. 12988)
    H. Consultation With Indian Tribes (E.O. 13175)
    I. Paperwork Reduction Act
    J. National Environmental Policy Act
    K. Effects on the Energy Supply (E.O. 13211)
    L. Clarity of This Regulation
    M. Public Availability of Comments

I. Background

    Public Laws 112-74 and 113-235 authorize the Director of BIE, or 
the Director's designee, to enter into agreements with public and 
private persons and entities allowing them to lease the land or 
facilities of a Bureau-operated school in exchange for consideration 
(in the form of funds) that benefits the school. The head of the school 
is to determine the manner in which the consideration will be used to 
benefit the school, as long as they are for school purposes otherwise 
authorized by law. Congress provided that any funds under this section 
will not affect or diminish appropriations for the operation and 
maintenance of Bureau-operated schools, and that no funds will be 
withheld from distribution to the budget of a school due to receipt of 
such funds.
    These public laws also allow personnel of Bureau-operated schools 
to participate in fundraising activity for the benefit of a Bureau-
operated school in their official capacity, as part of their official 
duties.
    To carry out these public law provisions, the Acts require the 
Secretary of the Interior to promulgate regulations. The Acts provide 
that the regulations must include standards for the appropriate use of 
Bureau-operated school lands and facilities by third parties under a 
rental or lease agreement; provisions for the establishment and 
administration of mechanisms for the acceptance of consideration for 
the use and benefit of a school; accountability standards to ensure 
ethical conduct; and 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.

II. Summary of Proposed Rule

    This rule would establish a new Code of Federal Regulations (CFR) 
part to implement the leasing and fundraising authority that Congress 
granted to BIA under Public Laws 112-74 and 113-235. The leasing 
provisions of this rule would apply only to facilities and land 
operated by the BIE. This proposed rule would not apply to public 
schools, Public Law 100-297 Tribally controlled grant schools, or 
Public Law 93-638 contract schools. This rule would implement statutory 
leasing authority specific to leasing of Bureau-operated facilities and 
land and be separate from the general statutory authority for leasing. 
To obtain approval of a lease of a Bureau-operated facility or land, 
one would need to comply with this new regulation, rather than the more 
generally applicable regulations at 25 CFR part 162. We note that 
nothing in this rule affects 25 CFR 31.2, which allows for use of 
Bureau-operated school facilities or land 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. The fundraising provisions of this proposed 
rule would apply only to employees of schools operated by the BIE.
    Subpart A of the proposed rule would set forth the purpose, 
definitions, and other general provisions applicable to both leasing 
and fundraising.
    Subpart B would establish the mechanisms and standards by which the 
Bureau may lease Bureau-operated school facilities and land to third 
parties. The proposed rule allows only the BIE Director or his or her 
designee to enter into leases and sets forth the standards the BIE 
Director (or designee) will use to determine whether to enter into a 
lease, including that the lease provides a net financial benefit to the 
school, that it meets certain standards (e.g., complies with the 
mission of the school, conforms to principles of good order and 
discipline), and ensures the lease does not compromise the safety and 
security of students and staff or damage facilities. This subpart also 
establishes what provisions a lease must include, what actions are 
necessary if permanent improvements are to be constructed under the 
lease, and how the Bureau will ensure compliance with the lease. This 
subpart provides that the Bureau may only accept funds (as opposed to 
in-kind consideration) as consideration for a lease and may only use 
the funds for school purposes. It establishes how the Director will 
determine what amount is proper for lease consideration, and 
establishes the mechanics for lessees to pay consideration and how the 
Bureau will process the funds. Bureau-operated school personnel would 
be required to report quarterly on any active leases to the Director 
and others, including an accounting of all expenditures and supporting 
documentation showing expenditures were made for school purposes.
    Subpart C of the proposed rule addresses fundraising activities by 
Bureau personnel on behalf of Bureau-operated schools. (Nothing in this 
proposed rule affects fundraising activities by students.) This subpart 
allows authorized personnel to spend a reasonable portion of his or her 
official duties fundraising, and allows unlimited fundraising in a 
personal capacity when not on duty. This subpart limits the types of 
fundraising an employee may conduct to ensure fundraising maintains the 
school's integrity, the Bureau's impartiality, and public confidence in 
the school. Certain approvals would be required before personnel may 
accept a donation on behalf of a school, and each Bureau-operated 
school that has received donations would be required to report 
quarterly to the Director and others,

[[Page 40220]]

including an accounting of all expenditures and supporting 
documentation showing expenditures were made for school purposes.

III. Tribal Consultation

    The Department is hosting a listening session on the proposed rule 
at 3 p.m. (local time) on Monday, June 27, 2016 in Spokane, Washington, 
in conjunction with the National Congress of American Indians mid-year 
conference.
    The Department will also be hosting the following consultation 
sessions on this proposed rule:

------------------------------------------------------------------------
             Date                      Time               Location
------------------------------------------------------------------------
Monday, July 25, 2016.........  2 p.m. ET-4 p.m.   Teleconference: Call-
                                 ET.                In Number (877) 924-
                                                    1752; passcode
                                                    1484699.
Friday, July 29, 2016.........  2 p.m. ET-4 p.m.   Teleconference: Call-
                                 ET.                In Number (877) 324-
                                                    8525; passcode
                                                    7359354.
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IV. Procedural Requirements

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 Nation's 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.

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 would not have a significant economic effect on them. 
Small entities would rent the facilities only if the fees charged are 
reasonable.

C. Small Business Regulatory Enforcement Fairness Act

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This proposed 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

    This proposed 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 proposed 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 proposed 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 
proposed 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 proposed rule complies with the requirements of Executive 
Order 12988. Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) 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-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. We have evaluated this 
proposed rule under the Department's 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 
proposed rule because it provides for consideration for the leasing of 
Bureau-operated schools and fundraising standards for school employees. 
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 received no comments on the draft rule, but has scheduled 
consultation sessions with Tribal officials on this proposed rule. (See 
Section III of this preamble for details on the dates and locations of 
the Tribal consultation sessions).

I. Paperwork Reduction Act

    This proposed rule contains information collections that require 
approval by OMB. The Department is seeking approval of a new 
information collection and a revision to an existing regulation, as 
follows.
    OMB Control Number: 1076-NEW.
    Title: Use of Bureau-Operated Schools by Third Parties.
    Brief Description of Collection: The Bureau of Indian Education 
(BIE) is proposing to establish 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;

[[Page 40221]]

the assurance of ethical conduct; and monitoring the amount and terms 
of consideration received, the manner in which the consideration is 
used, and any results achieved by such use. The paperwork burden 
associated with the proposed rule results from lease provisions; lease 
violations; and assignments, subleases, or mortgages of leases.
    Type of Review: New collection.
    Respondents: Individuals and Private Sector.
    Number of Respondents: 24.
    Number of Responses: 24.
    Frequency of Response: Annually.
    Estimated Time per Response: One to three hours.
    Estimated Total Annual Hour Burden: 68 hours.
    Estimated Total Annual Non-Hour Cost Burden: $0.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Number          Annual       Burden  hours   Total annual
                    CFR Cite                                   Description                  respondents      responses     per  response   burden hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
48.105, 48.106.................................  Provisions of leases and the                         17              17               3              51
                                                  construction of permanent improvements
                                                  under the lease (businesses).
48.105, 48.106.................................  Provisions of leases and the                          3               3               3               9
                                                  construction of permanent improvements
                                                  under the lease.
                                                 (individuals)..........................
48.116.........................................  Violations of leases (businesses)......               1               1               1               1
48.116.........................................  Violations of leases (individuals).....               1               1               1               1
48.118.........................................  Assignments, subleases, and mortgages                 1               1               3               3
                                                  of leases (businesses).
48.118.........................................  Assignments, subleases, and mortgages                 1               1               3               3
                                                  of leases (individuals).
                                                --------------------------------------------------------------------------------------------------------
                                                 Total..................................              24              24  ..............              68
--------------------------------------------------------------------------------------------------------------------------------------------------------

    OMB Control Number: 1090-0009.
    Title: Donor Certification Form.
    Brief Description of Collection: This information will provide 
Department staff with the basis for beginning the evaluation as to 
whether the Department will accept the proposed donation. The 
authorized employee will receive the donor certification form in 
advance of accepting the proposed donation. The employee will then 
review the totality of circumstances surrounding the proposed donation 
to determine whether the Department can accept the donation and 
maintain its integrity, impartiality, and public confidence. We expect 
to receive 25 responses to this information collection annually. The 
burden associated with this information collection is already reflected 
in the approval of OMB Control Number 1090-0009.

J. National Environmental Policy Act

    This proposed rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act of 1969 
(NEPA) is not required because the environmental effects of this 
proposed rule are too speculative to lend themselves to meaningful 
analysis and will later be subject to the NEPA process, unless covered 
by a categorical exclusion. (For further information see 43 CFR 
46.210(i)). We have also determined that the rule does not involve any 
of the extraordinary circumstances listed in 43 CFR 46.215 that would 
require further analysis under NEPA.

K. Effects on the Energy Supply (E.O. 13211)

    This proposed rule is not a significant energy action under the 
definition in Executive Order 13211. A Statement of Energy Effects is 
not required.

L. Clarity of This Regulation

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:

    a. Be logically organized;
    b. Use the active voice to address readers directly;
    c. Use clear language rather than jargon;
    d. Be divided into short sections and sentences; and
    e. Use lists and tables wherever possible.

    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you believe lists or tables would be 
useful, etc.

M. Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 25 CFR Part 48

    Educational facilities, Indians--education.

    For the reasons given in the preamble, the Department of the 
Interior proposes to amend 25 CFR chapter I, subchapter E, to add part 
48 to read as follows:

PART 48--LEASES COVERING BUREAU-OPERATED SCHOOLS AND FUNDRAISING 
ACTIVITIES AT BUREAU-OPERATED SCHOOLS

Subpart A--General Provisions
Sec.
48.1 What is the purpose of this part?
48.2 What is the scope of this part?
48.3 What terms do I need to know?
48.4 What is considered unethical conduct in the context of this 
part?
48.5 What accounting standards will the Bureau use in monitoring the 
receipt, holding, and use of funds?
48.6 How long will the funds be available?
48.7 How does the Paperwork Reduction Act affect this part?
Subpart B--Leasing 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?

[[Page 40222]]

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 Bureau-operated 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 Bureau-operated school use the funds?
48.111 How does a lessee pay the Bureau-operated 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 will the Bureau monitor the results achieved by the use 
of funds received from leases?
48.115 Who may investigate compliance with a lease?
48.116 What will the Bureau do about a violation of a lease?
48.117 What will the Bureau do if a lessee does not cure a lease 
violation on time?
48.118 May a lease be assigned, subleased, or mortgaged?
Subpart C--Fundraising 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?

    Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9; Pub. L. 112-74; Pub. L. 
113-235.

Subpart A--General Provisions


Sec.  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 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 management and use of the funds 
received as consideration;
    (3) Describe allowable fundraising activities by the employees of 
Bureau-operated 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) 26 CFR 31.7 and 36.43(g), 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 114-51 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 BIE and the other Federal agency.


Sec.  48.2  What is the scope of this part?

    The leasing provisions of this part apply only to facilities 
operated by the BIE and the fundraising provisions of this part apply 
only to employees of schools operated by the BIE. This part does not 
apply to public schools, Public Law 100-297 Tribally controlled 
schools, or Public Law 93-638 contract or grant schools.


Sec.  48.3  What terms do I need to know?

    Assistant Secretary means the Assistant Secretary--Indian Affairs 
or his or her designee.
    Bureau means the Bureau of Indian Education.
    Bureau official means the official in charge of administrative 
functions for the Bureau under this part.
    Bureau-operated school means a day or boarding school, or a 
dormitory for students attending a school other than a Bureau school, 
an institution of higher learning and associated facilities operated by 
the Bureau. This term does not include public schools, Public Law 100-
297 Tribally controlled schools, or Public Law 93-638 contract or grant 
schools.
    Construction means construction of new facilities, modification, or 
alteration of existing grounds or building structures.
    Designee means a supervisory contracting specialist the Director 
designates to act on his or her behalf.
    Director means the Director, Bureau of Indian Education.
    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 with or 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 where facilities are being 
leased under this Part.
    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.


Sec.  48.4  What is considered unethical conduct in the context of this 
part?

    Violation or the appearance of violation of any applicable ethics 
statute or regulation by an employee may be considered unethical 
conduct.


Sec.  48.5  What accounting standards will the Bureau use in monitoring 
the receipt, holding, and use of funds?

    The Bureau will use applicable Federal financial accounting rules 
in monitoring the receipt, holding, and use of funds.

[[Page 40223]]

Sec.  48.6  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.


Sec.  48.7  How does the Paperwork Reduction Act affect this part?

    The collections of information in this part have been approved by 
the Office of Management and Budget under 44 U.S.C. 3501 et seq. and 
assigned OMB Control Number 1076-NEW and OMB Control Number 1090-0009. 
Response is required to obtain a benefit. A Federal agency may not 
conduct or sponsor, and you are not required to respond to, a 
collection of information unless it displays a currently valid OMB 
Control Number.

Subpart B--Leasing of Bureau-Operated Facilities


Sec.  48.101  Who may enter into a lease on behalf of a Bureau-operated 
school?

    Only the Director or a designee may enter into leases.


Sec.  48.102  With whom may the Director enter into a lease?

    The Director or designee may lease to public or private persons or 
entities who meet the requirements of this part that are applicable to 
leasing activities.


Sec.  48.103  What facilities may be leased?

    Any portion of a Bureau-operated school facility may be leased as 
long as the lease does not interfere with the normal operations of the 
Bureau-operated school, student body, or staff, and otherwise meets 
applicable requirements of this part.


Sec.  48.104  What standards will the Director use in determining 
whether to enter into a lease?

    (a) The Director or designee will make the final decision regarding 
approval of a proposed lease. The Director or designee must ensure that 
the lease provides a net financial benefit to the school and that the 
Head of the School has certified, after consultation with the school 
board or board of regents, that the lease meets the standards in 
paragraph (b) of this section.
    (b) The lease must:
    (1) Comply with the mission of the school;
    (2) Conform to principles of good order and discipline;
    (3) Not interfere with existing or planned school activities or 
programs;
    (4) Not interfere with school board staff and/or community access 
to the school;
    (5) Not allow contact or access to students inconsistent with 
applicable law;
    (6) Not result in any Bureau commitments after the lease expires; 
and
    (7) Not compromise the safety and security of students and staff or 
damage facilities.
    (c) The Director's or designee's decision on a proposed lease is 
discretionary and is not subject to review or appeal under part 2 of 
this chapter or otherwise.


Sec.  48.105  What provisions must a lease contain?

    (a) All leases of Bureau-operated facilities must identify:
    (1) The facility, or portion thereof, being leased;
    (2) The purpose of the lease and authorized uses of the leased 
facility;
    (3) The parties to the lease;
    (4) The term of the lease, and any renewal term, if applicable;
    (5) The ownership of permanent improvements and the responsibility 
for constructing, operating, maintaining, and managing permanent 
improvements, and meeting due diligence requirements under Sec.  
48.106;
    (6) Payment requirements and late payment charges, including 
interest;
    (7) That lessee will maintain insurance sufficient to cover 
negligence or intentional misconduct occurring on the leasehold; and
    (8) Any bonding requirements, as required in the discretion of the 
Director. If a performance bond is required, the lease must state that 
the lessee must obtain the consent of the surety for any legal 
instrument that directly affects their obligations and liabilities.
    (b) All leases of Bureau-operated facilities must include the 
following provisions:
    (1) There must not be any unlawful conduct, creation of a nuisance, 
illegal activity, or negligent use or waste of the leased premises;
    (2) The lessee must comply with all applicable laws, ordinances, 
rules, regulations, and other legal requirements;
    (3) The Bureau has the right, at any reasonable time during the 
term of the lease and upon reasonable notice to enter the leased 
premises for inspection and to ensure compliance; and
    (4) The Bureau may, at its discretion, treat as a lease violation 
any failure by the lessee to cooperate with a request to make 
appropriate records, reports, or information available for inspection 
and duplication.
    (c) Unless the lessee would be prohibited by law from doing so, the 
lease must also contain the following provisions:
    (1) The lessee holds the United States harmless from any loss, 
liability, or damages resulting from the lessee's, its invitees', and 
licensees' use or occupation of the leased facility; and
    (2) The lessee indemnifies the United States against all 
liabilities or costs relating to the use, handling, treatment, removal, 
storage, transportation, or disposal of hazardous materials, or the 
release or discharge of any hazardous material from the leased premises 
that occurs during the lease term, regardless of fault, with the 
exception that the lessee is not required to indemnify the Indian 
landowners for liability or cost arising from the Indian landowners' 
negligence or willful misconduct.


Sec.  48.106  May a lessee construct permanent improvements under a 
lease?

    (a) The lessee may construct permanent improvements under a lease 
of a Bureau-operated facility only if the lease contains the following 
provisions.
    (1) A description of the type and location of any permanent 
improvements to be constructed by the lessee and a general schedule for 
construction of the permanent improvements, including dates for 
commencement and completion of construction;
    (2) Specification of who owns the permanent improvements the lessee 
constructs during the lease term and specifies whether each specific 
permanent improvement the lessee constructs will:
    (i) Remain on the leased premises, upon the expiration, 
cancellation, or termination of the lease, in a condition satisfactory 
to the Director, and become the property of the Bureau-operated school;
    (ii) Be removed within a time period specified in the lease, at the 
lessee's expense, with the leased premises to be restored as closely as 
possible to their condition before construction of the permanent 
improvements; or
    (iii) Be disposed of by other specified means.
    (3) Due diligence requirements that require the lessee to complete 
construction of any permanent improvements within the schedule 
specified in the lease or general schedule of construction, and a 
process for changing the schedule by mutual consent of the parties.
    (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

[[Page 40224]]

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 Bureau's 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 lessee's 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.
    (d) The due diligence requirements of this section do not apply to 
leases for religious, educational, recreational, cultural, or other 
public purposes.


Sec.  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.


Sec.  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) The indirect and direct costs of the lease; and
    (b) Whether there will be a net financial benefit to the school.


Sec.  48.109  Who may use the funds?

    The Bureau-operated school may use funds, including late payment 
charges, received as compensation for leasing that school's facilities. 
The funds must first be sent to the Bureau official as provided for in 
the subject lease for processing in accordance with Sec.  48.112.


Sec.  48.110  For what purposes may a Bureau-operated school use the 
funds?

    The Bureau-operated school must first use the funds to pay for 
indirect and direct costs of the lease. The Bureau-operated school must 
use the remaining funds for any school purposes.


Sec.  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-operated school by certified check, money 
order, or electronic funds transfer made out to the Bureau and 
containing identifying information as provided for in the lease.


Sec.  48.112  How are lease payments processed?

    The Bureau official must deposit funds received as lease 
consideration or late payment charge into the Treasury account set up 
to receive the proceeds from the Bureau-operated school's lease.


Sec.  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) We 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:

------------------------------------------------------------------------
         The lessee will pay . . .                    For . . .
------------------------------------------------------------------------
(1) $50.00................................  Any dishonored check.
(2) $15.00................................  Processing of each notice or
                                             demand letter.
(3) 18 percent of balance due.............  Treasury processing
                                             following referral for
                                             collection of delinquent
                                             debt.
------------------------------------------------------------------------

Sec.  48.114  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 a quarterly 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 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.


Sec.  48.115  Who may investigate compliance with a lease?

    The Head of the School or his designee or any Bureau official 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.


Sec.  48.116  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 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 lessee's 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.


Sec.  48.117  What will the Bureau do if a lessee does not cure a lease 
violation on time?

    (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, 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

[[Page 40225]]

requested, within 5 business days of our 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 lessee's right to appeal under part 2 
of this chapter, 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 to us under 
the lease, including collecting on any available performance bond.


Sec.  48.118  May a lease be assigned, subleased, or mortgaged?

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

Subpart C--Fundraising Activities


Sec.  48.201  To whom does this subpart apply?

    This subpart applies to employees under the direction and 
supervision of the Director that fundraise for a Bureau-operated 
school. This subpart does not apply to students who fundraise.


Sec.  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, or 
in a personal capacity, so long as:
    (1) The Bureau official 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.


Sec.  48.203  How much time may employees spend fundraising?

    (a) Each authorized employee may spend no more than a reasonable 
portion of his or her official duties as an employee in any calendar 
year fundraising.
    (b) There is no limit to the time employees may spend fundraising 
in a personal capacity when not on duty, as long as other requirements 
of this subpart are met.


Sec.  48.204  For what school purposes may employees fundraise?

    Employees may fundraise for school purposes as defined in Sec.  
48.3.


Sec.  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 ethical statutes or regulations.
    (c) Fundraising and donations must maintain the integrity of the 
Bureau-operated 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 by the Bureau or Bureau-operated school of the donor or the 
donor's 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 donor's 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 Bureau-operated 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 school's 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 reprimand, 
condemnation, nor criticism shall be made of, nor any retaliatory 
action taken against, any student, community member, or organization 
for failure to participate or succeed in fundraising.


Sec.  48.206  What approvals are necessary to accept a donation?

    (a) Prior to accepting a donation, the Bureau official must approve 
the acceptance and certify that it complies with this subpart, 
including the considerations of Sec.  48.205, Departmental policy, and 
any applicable statute or regulation.
    (b) Prior to accepting a donation that consists of volunteer 
services, the Bureau official must approve the acceptance and certify 
that it complies with this subpart, including the considerations of 
Sec.  48.205, 25 CFR 38.14, Departmental policy, and any applicable 
statute or regulation.


Sec.  48.207  How may donations solicited under this subpart be used?

    (a) The Bureau official must deposit all income from the 
fundraising into the Treasury account set up to receive the proceeds 
from the fundraising activities authorized under this part. The Bureau-
operated school must first use the funds to pay documented costs of the 
fundraising activity and must use the remaining funds in accordance 
with paragraph (b) of this section.
    (b) Funds and in-kind donations solicited under this subpart may be 
used for the school purposes identified in the solicitation. If the 
solicitation did not identify the school purposes, the funds and in-
kind donations may be used for any school purposes defined in Sec.  
48.3.
    (c) Each Bureau-operated school that has received donations must 
submit a quarterly report to the Director containing the following 
information:
    (1) A list of donors, donation amounts, and estimated values of 
donated goods and services;

[[Page 40226]]

    (2) An accounting of all costs of fundraising activities;
    (3) Supporting documentation showing the donations were used for 
school purposes; and
    (4) A report of the results achieved by use of donations.

    Dated: June 15, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2016-14665 Filed 6-20-16; 8:45 am]
 BILLING CODE 4337-15-P



                                                 40218                    Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Proposed Rules

                                                    You may review the public docket                     regulations for which frequent and                         Issued in College Park, Georgia, on June 9,
                                                 containing the proposal, any comments                   routine amendments are necessary to                      2016.
                                                 received, and any final disposition in                  keep them operationally current. It,                     Ryan W. Almasy,
                                                 person in the Dockets Office (see the                   therefore; (1) is not a ‘‘significant                    Manager, Operations Support Group, Eastern
                                                 ADDRESSES section for address and                       regulatory action’’ under Executive                      Service Center, Air Traffic Organization.
                                                 phone number) between 9:00 a.m. and                     Order 12866; (2) is not a ‘‘significant                  [FR Doc. 2016–14382 Filed 6–20–16; 8:45 am]
                                                 5:00 p.m., Monday through Friday,                       rule’’ under DOT Regulatory Policies                     BILLING CODE 4910–13–P
                                                 except Federal Holidays. An informal                    and Procedures (44 FR 11034; February
                                                 docket may also be examined between                     26, 1979); and (3) does not warrant
                                                 8:00 a.m. and 4:30 p.m., Monday                         preparation of a Regulatory Evaluation                   DEPARTMENT OF THE INTERIOR
                                                 through Friday, except Federal Holidays                 as the anticipated impact is so minimal.
                                                 at the office of the Eastern Service                    Since this is a routine matter that will                 Bureau of Indian Affairs
                                                 Center, Federal Aviation                                only affect air traffic procedures and air
                                                 Administration, Room 350, 1701                          navigation, it is certified that this                    25 CFR Part 48
                                                 Columbia Avenue, College Park, Georgia                  proposed rule, when promulgated, will
                                                 30337.                                                  not have a significant economic impact                   [Docket ID: BIA–2014–0007/167 A2100DD/
                                                    Persons interested in being placed on                on a substantial number of small entities                AAKC001030/A0A501010.999900]
                                                 a mailing list for future NPRM’s should                 under the criteria of the Regulatory                     RIN 1076–AF14
                                                 contact the FAA’s Office of Rulemaking,                 Flexibility Act.
                                                 (202) 267–9677, to request a copy of                                                                             Use of Bureau-Operated Schools by
                                                 Advisory circular No. 11–2A, Notice of                  Environmental Review
                                                                                                                                                                  Third Parties Under Lease Agreements
                                                 Proposed Rulemaking distribution                          This proposal would be subject to an                   and Fundraising Activity by Bureau-
                                                 System, which describes the application                 environmental analysis in accordance                     Operated School Personnel
                                                 procedure.                                              with FAA Order 1050.1F, paragraph
                                                                                                         5.6.5a, ‘‘Environmental Impacts:                         AGENCY:   Bureau of Indian Education,
                                                 Availability and Summary of                                                                                      Interior.
                                                 Documents for Incorporation by                          Policies and Procedures’’ prior to any
                                                                                                         FAA final regulatory action.                             ACTION: Proposed rule.
                                                 Reference
                                                   This document proposes to amend                       Lists of Subjects in 14 CFR Part 71                      SUMMARY:    Congress authorized the
                                                 FAA Order 7400.9Z, Airspace                                                                                      Director of the Bureau of Indian
                                                                                                          Airspace, Incorporation by reference,                   Education (BIE) to enter into agreements
                                                 Designations and Reporting Points,
                                                                                                         Navigation (air).                                        with third parties to lease the land or
                                                 dated August 6, 2015, and effective
                                                 September 15, 2015. FAA Order                           The Proposed Amendment                                   facilities of a Bureau-operated school in
                                                 7400.9Z is publicly available as listed in                                                                       exchange for funding that benefits the
                                                 the ADDRESSES section of this document.                   In consideration of the foregoing, the                 school. This proposed rule establishes
                                                 FAA Order 7400.9Z lists Class A, B, C,                  Federal Aviation Administration                          standards for the appropriate use of
                                                 D, and E airspace areas, air traffic                    proposes to amend 14 CFR part 71 as                      lands and facilities under a lease
                                                 service routes, and reporting points.                   follows:                                                 agreement, provisions for establishment
                                                                                                                                                                  and administration of mechanisms for
                                                 The Proposal                                            PART 71—DESIGNATION OF CLASS A,
                                                                                                                                                                  the acceptance of consideration for the
                                                    The FAA is considering an                            B, C, D, AND E AIRSPACE AREAS; AIR
                                                                                                                                                                  use and benefit of a school,
                                                 amendment to Title 14, Code of Federal                  TRAFFIC SERVICE ROUTES; AND
                                                                                                                                                                  accountability standards to ensure
                                                 Regulations (14 CFR) part 71 to amend                   REPORTING POINTS
                                                                                                                                                                  ethical conduct, and provisions for
                                                 Class E airspace extending upward from                                                                           monitoring the amount and terms of
                                                 700 feet above the surface at Glasgow                   ■ 1. The authority citation for Part 71
                                                                                                                                                                  consideration received, the manner in
                                                 Municipal Airport, Glasgow, KY.                         continues to read as follows:
                                                                                                                                                                  which the consideration is used, and
                                                 Airspace reconfiguration to within a 7.4-                 Authority: 49 U.S.C. 106(f), 106(g); 40103,            any results achieved by such use.
                                                 mile radius of the airport is necessary                 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                                                                                                                                  DATES: Please submit written comments
                                                 due to the decommissioning of the                       1959–1963 Comp., p. 389.
                                                                                                                                                                  by August 22, 2016. See the
                                                 Beaver Creek NDB and cancellation of                    § 71.1       [Amended]                                   SUPPLEMENTARY INFORMATION section of
                                                 the NDB approach, and for continued                                                                              this notice for dates of Tribal
                                                 safety and management of IFR                            ■ 2. The incorporation by reference in
                                                                                                         14 CFR 71.1 of Federal Aviation                          consultation sessions.
                                                 operations at the airport. The geographic
                                                                                                         Administration Order 7400.9Z, Airspace                   ADDRESSES: You may submit comments
                                                 coordinates of the airport would be
                                                                                                         Designations and Reporting Points,                       on the proposed rule by any of the
                                                 adjusted to coincide with the FAAs
                                                                                                         dated August 6, 2015, effective                          following methods:
                                                 aeronautical database.
                                                    Class E airspace designations are                    September 15, 2015, is amended as                        —Federal rulemaking portal: http://
                                                 published in Paragraph 6005 of FAA                      follows:                                                   www.regulations.gov. The proposed
                                                 Order 7400.9Z, dated August 6, 2015,                                                                               rule is listed under the agency name
                                                 and effective September 15, 2015, which                 Paragraph 6005 Class E Airspace Areas                      ‘‘Bureau of Indian Affairs’’ and has
                                                                                                         Extending Upward From 700 Feet or More                     been assigned Docket ID: BIA–2014–
                                                 is incorporated by reference in 14 CFR
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                                                                         Above the Surface of the Earth.                            0007. If you would like to submit
                                                 71.1. The Class E airspace designation
                                                 listed in this document will be                         *        *      *       *      *                           comments through the Federal e-
                                                 published subsequently in the Order.                    ASO KY E5 Glasgow, KY [Amended]                            Rulemaking Portal, go to
                                                                                                         Glasgow Municipal Airport, KY
                                                                                                                                                                    www.regulations.gov and follow the
                                                 Regulatory Notices and Analyses                                                                                    instructions.
                                                                                                           (Lat. 37°01′54″ N., long. 85°57′14″ W.)
                                                   The FAA has determined that this                        That airspace extending upward from 700                —Email: bieleasing@bia.gov. Include the
                                                 proposed regulation only involves an                    feet above the surface within a 7.4-mile                   number 1076–AF14 in the subject line
                                                 established body of technical                           radius of Glasgow Municipal Airport.                       of the message.


                                            VerDate Sep<11>2014   14:42 Jun 20, 2016   Jkt 238001   PO 00000   Frm 00022     Fmt 4702   Sfmt 4702   E:\FR\FM\21JNP1.SGM   21JNP1


                                                                          Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Proposed Rules                                          40219

                                                 —Mail or hand-delivery: Elizabeth                       school is to determine the manner in                   rule would apply only to employees of
                                                   Appel, Office of Regulatory Affairs &                 which the consideration will be used to                schools operated by the BIE.
                                                   Collaborative Action, U.S. Department                 benefit the school, as long as they are for               Subpart A of the proposed rule would
                                                   of the Interior, 1849 C Street NW., MS                school purposes otherwise authorized                   set forth the purpose, definitions, and
                                                   3642, Washington, DC 20240. Include                   by law. Congress provided that any                     other general provisions applicable to
                                                   the number 1076–AF14 on the                           funds under this section will not affect               both leasing and fundraising.
                                                   envelope. Please note, email or                       or diminish appropriations for the                        Subpart B would establish the
                                                   www.regulations.gov are the preferred                 operation and maintenance of Bureau-                   mechanisms and standards by which
                                                   methods for submitting comments;                      operated schools, and that no funds will               the Bureau may lease Bureau-operated
                                                   there is no need to submit a hard copy                be withheld from distribution to the                   school facilities and land to third
                                                   if you have submitted the comments                    budget of a school due to receipt of such              parties. The proposed rule allows only
                                                   through either of these electronic                    funds.                                                 the BIE Director or his or her designee
                                                   methods.                                                 These public laws also allow                        to enter into leases and sets forth the
                                                   Comments on the Paperwork                             personnel of Bureau-operated schools to                standards the BIE Director (or designee)
                                                 Reduction Act information collections                   participate in fundraising activity for                will use to determine whether to enter
                                                 contained in this rule are separate from                the benefit of a Bureau-operated school                into a lease, including that the lease
                                                 comments on the substance of the rule.                  in their official capacity, as part of their           provides a net financial benefit to the
                                                 Submit comments on the information                      official duties.                                       school, that it meets certain standards
                                                 collection requirements in this rule to                    To carry out these public law                       (e.g., complies with the mission of the
                                                 the Desk Officer for the Department of                  provisions, the Acts require the                       school, conforms to principles of good
                                                 the Interior by email at OIRA_                          Secretary of the Interior to promulgate                order and discipline), and ensures the
                                                 Submission@omb.eop.gov or by                            regulations. The Acts provide that the                 lease does not compromise the safety
                                                 facsimile at (202) 395–5806. Please also                regulations must include standards for                 and security of students and staff or
                                                 send a copy of your comments to                         the appropriate use of Bureau-operated                 damage facilities. This subpart also
                                                 comments@bia.gov.                                       school lands and facilities by third                   establishes what provisions a lease must
                                                   We cannot ensure that comments                        parties under a rental or lease                        include, what actions are necessary if
                                                 received after the close of the comment                 agreement; provisions for the                          permanent improvements are to be
                                                 period (see DATES) will be included in                  establishment and administration of                    constructed under the lease, and how
                                                 the docket for this rulemaking and                      mechanisms for the acceptance of                       the Bureau will ensure compliance with
                                                 considered. Comments sent to an                         consideration for the use and benefit of               the lease. This subpart provides that the
                                                 address other than those listed above                   a school; accountability standards to                  Bureau may only accept funds (as
                                                 will not be included in the docket for                  ensure ethical conduct; and provisions                 opposed to in-kind consideration) as
                                                 this rulemaking.                                        for monitoring the amount and terms of                 consideration for a lease and may only
                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                         consideration received, the manner in                  use the funds for school purposes. It
                                                 Vicki Forrest, Deputy Director for                      which the consideration is used, and                   establishes how the Director will
                                                                                                         any results achieved by such use.                      determine what amount is proper for
                                                 School Operations, Bureau of Indian
                                                                                                                                                                lease consideration, and establishes the
                                                 Education, (202) 208–6123.                              II. Summary of Proposed Rule
                                                                                                                                                                mechanics for lessees to pay
                                                 SUPPLEMENTARY INFORMATION:                                 This rule would establish a new Code                consideration and how the Bureau will
                                                 I. Background                                           of Federal Regulations (CFR) part to                   process the funds. Bureau-operated
                                                 II. Summary of Proposed Rule                            implement the leasing and fundraising                  school personnel would be required to
                                                 III. Tribal Consultation                                authority that Congress granted to BIA                 report quarterly on any active leases to
                                                 IV. Procedural Requirements                             under Public Laws 112–74 and 113–235.                  the Director and others, including an
                                                    A. Regulatory Planning and Review (E.O.              The leasing provisions of this rule                    accounting of all expenditures and
                                                       12866)                                            would apply only to facilities and land
                                                    B. Regulatory Flexibility Act                                                                               supporting documentation showing
                                                    C. Small Business Regulatory Enforcement
                                                                                                         operated by the BIE. This proposed rule                expenditures were made for school
                                                       Fairness Act                                      would not apply to public schools,                     purposes.
                                                    D. Unfunded Mandates Reform Act                      Public Law 100–297 Tribally controlled                    Subpart C of the proposed rule
                                                    E. Takings (E.O. 12630)                              grant schools, or Public Law 93–638                    addresses fundraising activities by
                                                    F. Federalism (E.O. 13132)                           contract schools. This rule would                      Bureau personnel on behalf of Bureau-
                                                    G. Civil Justice Reform (E.O. 12988)                 implement statutory leasing authority                  operated schools. (Nothing in this
                                                    H. Consultation With Indian Tribes (E.O.             specific to leasing of Bureau-operated                 proposed rule affects fundraising
                                                       13175)                                            facilities and land and be separate from               activities by students.) This subpart
                                                    I. Paperwork Reduction Act                           the general statutory authority for                    allows authorized personnel to spend a
                                                    J. National Environmental Policy Act
                                                                                                         leasing. To obtain approval of a lease of              reasonable portion of his or her official
                                                    K. Effects on the Energy Supply (E.O.
                                                       13211)                                            a Bureau-operated facility or land, one                duties fundraising, and allows
                                                    L. Clarity of This Regulation                        would need to comply with this new                     unlimited fundraising in a personal
                                                    M. Public Availability of Comments                   regulation, rather than the more                       capacity when not on duty. This subpart
                                                                                                         generally applicable regulations at 25                 limits the types of fundraising an
                                                 I. Background                                           CFR part 162. We note that nothing in                  employee may conduct to ensure
                                                    Public Laws 112–74 and 113–235                       this rule affects 25 CFR 31.2, which                   fundraising maintains the school’s
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                                                 authorize the Director of BIE, or the                   allows for use of Bureau-operated                      integrity, the Bureau’s impartiality, and
                                                 Director’s designee, to enter into                      school facilities or land for community                public confidence in the school. Certain
                                                 agreements with public and private                      activities and adult education activities              approvals would be required before
                                                 persons and entities allowing them to                   upon approval by the superintendent or                 personnel may accept a donation on
                                                 lease the land or facilities of a Bureau-               officer-in-charge, where no                            behalf of a school, and each Bureau-
                                                 operated school in exchange for                         consideration is received in exchange                  operated school that has received
                                                 consideration (in the form of funds) that               for the use of the facilities. The                     donations would be required to report
                                                 benefits the school. The head of the                    fundraising provisions of this proposed                quarterly to the Director and others,


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                                                 40220                      Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Proposed Rules

                                                 including an accounting of all                             III. Tribal Consultation                                  with the National Congress of American
                                                 expenditures and supporting                                   The Department is hosting a listening                  Indians mid-year conference.
                                                 documentation showing expenditures                         session on the proposed rule at 3 p.m.                      The Department will also be hosting
                                                 were made for school purposes.                             (local time) on Monday, June 27, 2016                     the following consultation sessions on
                                                                                                            in Spokane, Washington, in conjunction                    this proposed rule:

                                                                    Date                                         Time                                                         Location

                                                 Monday, July 25, 2016 ....................     2 p.m. ET–4 p.m. ET .....................    Teleconference: Call-In Number (877) 924–1752; passcode 1484699.
                                                 Friday, July 29, 2016 ......................   2 p.m. ET–4 p.m. ET .....................    Teleconference: Call-In Number (877) 324–8525; passcode 7359354.



                                                 IV. Procedural Requirements                                   (a) Will not have an annual effect on                  H. Consultation With Indian Tribes
                                                                                                            the economy of $100 million or more.                      (E.O. 13175)
                                                 A. Regulatory Planning and Review
                                                 (E.O. 12866)                                                  (b) Will not cause a major increase in                    The Department of the Interior strives
                                                                                                            costs or prices for consumers,                            to strengthen its government-to-
                                                   Executive Order (E.O.) 12866 provides                    individual industries, Federal, State, or                 government relationship with Indian
                                                 that the Office of Information and                         local government agencies, or                             Tribes through a commitment to
                                                 Regulatory Affairs (OIRA) at the Office                    geographic regions.                                       consultation with Indian Tribes and
                                                 of Management and Budget (OMB) will                           (c) Will not have significant adverse                  recognition of their right to self-
                                                 review all significant rules. OIRA has                     effects on competition, employment,                       governance and Tribal sovereignty. We
                                                 determined that this rule is not                           investment, productivity, innovation, or                  have evaluated this proposed rule under
                                                 significant.                                               the ability of the U.S.-based enterprises                 the Department’s consultation policy
                                                                                                            to compete with foreign-based                             and under the criteria in Executive
                                                    E.O. 13563 reaffirms the principles of
                                                                                                            enterprises.                                              Order 13175 and have identified
                                                 E.O. 12866 while calling for
                                                 improvements in the Nation’s regulatory                    D. Unfunded Mandates Reform Act                           substantial direct effects on federally
                                                 system to promote predictability, to                                                                                 recognized Indian Tribes that will result
                                                                                                              This proposed rule does not impose                      from this rulemaking. The Department
                                                 reduce uncertainty, and to use the best,
                                                                                                            an unfunded mandate on State, local, or                   acknowledges that Tribes with children
                                                 most innovative, and least burdensome
                                                                                                            Tribal governments or the private sector                  attending Bureau-operated schools have
                                                 tools for achieving regulatory ends. The
                                                                                                            of more than $100 million per year. The                   an interest in this proposed rule because
                                                 E.O. directs agencies to consider
                                                                                                            proposed rule does not have a                             it provides for consideration for the
                                                 regulatory approaches that reduce
                                                                                                            significant or unique effect on State,                    leasing of Bureau-operated schools and
                                                 burdens and maintain flexibility and
                                                                                                            local, or Tribal governments or the                       fundraising standards for school
                                                 freedom of choice for the public where
                                                                                                            private sector. A statement containing                    employees. As such, the Department
                                                 these approaches are relevant, feasible,
                                                                                                            the information required by the                           engaged Tribal government
                                                 and consistent with regulatory
                                                                                                            Unfunded Mandates Reform Act (2                           representatives by distributing a letter,
                                                 objectives. E.O. 13563 emphasizes
                                                                                                            U.S.C. 1531 et seq.) is not required.                     dated June 19, 2014, with a copy of the
                                                 further that regulations must be based
                                                 on the best available science and that                     E. Takings (E.O. 12630)                                   draft rule and requesting comment on
                                                 the rulemaking process must allow for                                                                                the draft rule by July 31, 2014. The
                                                                                                              This proposed rule does not affect a                    Department received no comments on
                                                 public participation and an open                           taking of private property or otherwise
                                                 exchange of ideas.                                                                                                   the draft rule, but has scheduled
                                                                                                            have taking implications under                            consultation sessions with Tribal
                                                    We have developed this rule in a                        Executive Order 12630. A takings                          officials on this proposed rule. (See
                                                 manner consistent with these                               implication assessment is not required.                   Section III of this preamble for details
                                                 requirements.                                                                                                        on the dates and locations of the Tribal
                                                                                                            F. Federalism (E.O. 13132)
                                                 B. Regulatory Flexibility Act                                                                                        consultation sessions).
                                                                                                              Under the criteria in section 1 of
                                                   The Department of the Interior                           Executive Order 13132, this proposed                      I. Paperwork Reduction Act
                                                 certifies that this document will not                      rule does not have sufficient federalism                     This proposed rule contains
                                                 have a significant economic effect on a                    implications to warrant the preparation                   information collections that require
                                                 substantial number of small entities                       of a federalism summary impact                            approval by OMB. The Department is
                                                 under the Regulatory Flexibility Act (5                    statement. A federalism summary                           seeking approval of a new information
                                                 U.S.C. 601 et seq.). It does not change                    impact statement is not required.                         collection and a revision to an existing
                                                 current funding requirements and any                                                                                 regulation, as follows.
                                                                                                            G. Civil Justice Reform (E.O. 12988)
                                                 economic effects on small entities                                                                                      OMB Control Number: 1076–NEW.
                                                 would be fees charged for the use of the                      This proposed rule complies with the                      Title: Use of Bureau-Operated Schools
                                                 facilities, which would not have a                         requirements of Executive Order 12988.                    by Third Parties.
                                                 significant economic effect on them.                       Specifically, this rule:                                     Brief Description of Collection: The
                                                 Small entities would rent the facilities                      (a) Meets the criteria of section 3(a)                 Bureau of Indian Education (BIE) is
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                                                 only if the fees charged are reasonable.                   requiring that all regulations be                         proposing to establish standards for the
                                                                                                            reviewed to eliminate errors and                          appropriate use of lands and facilities
                                                 C. Small Business Regulatory
                                                                                                            ambiguity and be written to minimize                      by third parties. These standards
                                                 Enforcement Fairness Act
                                                                                                            litigation; and                                           address the following: the execution of
                                                   This proposed rule is not a major rule                      (b) Meets the criteria of section 3(b)(2)              lease agreements; the establishment and
                                                 under 5 U.S.C. 804(2), the Small                           requiring that all regulations be written                 administration of mechanisms for the
                                                 Business Regulatory Enforcement                            in clear language and contain clear legal                 acceptance of consideration for the use
                                                 Fairness Act. This proposed rule:                          standards.                                                and benefit of a Bureau-operated school;


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                                                                                Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Proposed Rules                                                                   40221

                                                 the assurance of ethical conduct; and                                    provisions; lease violations; and                                 Frequency of Response: Annually.
                                                 monitoring the amount and terms of                                       assignments, subleases, or mortgages of                           Estimated Time per Response: One to
                                                 consideration received, the manner in                                    leases.                                                         three hours.
                                                 which the consideration is used, and                                       Type of Review: New collection.
                                                                                                                            Respondents: Individuals and Private                            Estimated Total Annual Hour Burden:
                                                 any results achieved by such use. The                                                                                                    68 hours.
                                                 paperwork burden associated with the                                     Sector.
                                                                                                                            Number of Respondents: 24.                                      Estimated Total Annual Non-Hour
                                                 proposed rule results from lease
                                                                                                                            Number of Responses: 24.                                      Cost Burden: $0.

                                                                                                                                                                                                            Burden
                                                                                                                                                                         Number            Annual                          Total annual
                                                    CFR Cite                                                 Description                                                                                   hours per
                                                                                                                                                                       respondents       responses                         burden hours
                                                                                                                                                                                                           response

                                                 48.105, 48.106          Provisions of leases and the construction of permanent                                                   17                17                 3             51
                                                                            improvements under the lease (businesses).
                                                 48.105, 48.106          Provisions of leases and the construction of permanent                                                      3               3                 3               9
                                                                            improvements under the lease.
                                                                         (individuals) ..........................................................................
                                                 48.116 ............     Violations of leases (businesses) ........................................                                  1               1                 1               1
                                                 48.116 ............     Violations of leases (individuals) .........................................                                1               1                 1               1
                                                 48.118 ............     Assignments, subleases, and mortgages of leases (busi-                                                      1               1                 3               3
                                                                            nesses).
                                                 48.118 ............     Assignments, subleases, and mortgages of leases (indi-                                                      1               1                 3               3
                                                                            viduals).

                                                                         Total .....................................................................................              24                24                               68



                                                   OMB Control Number: 1090–0009.                                         that would require further analysis                             be made publicly available at any time.
                                                   Title: Donor Certification Form.                                       under NEPA.                                                     While you can ask us in your comment
                                                                                                                                                                                          to withhold your personal identifying
                                                   Brief Description of Collection: This                                  K. Effects on the Energy Supply (E.O.
                                                                                                                                                                                          information from public review, we
                                                 information will provide Department                                      13211)
                                                                                                                                                                                          cannot guarantee that we will be able to
                                                 staff with the basis for beginning the                                     This proposed rule is not a significant                       do so.
                                                 evaluation as to whether the Department                                  energy action under the definition in
                                                 will accept the proposed donation. The                                   Executive Order 13211. A Statement of                           List of Subjects in 25 CFR Part 48
                                                 authorized employee will receive the                                     Energy Effects is not required.
                                                                                                                                                                                            Educational facilities, Indians—
                                                 donor certification form in advance of
                                                                                                                          L. Clarity of This Regulation                                   education.
                                                 accepting the proposed donation. The
                                                 employee will then review the totality                                      We are required by Executive Orders                            For the reasons given in the preamble,
                                                 of circumstances surrounding the                                         12866 and 12988 and by the                                      the Department of the Interior proposes
                                                 proposed donation to determine                                           Presidential Memorandum of June 1,                              to amend 25 CFR chapter I, subchapter
                                                 whether the Department can accept the                                    1998, to write all rules in plain                               E, to add part 48 to read as follows:
                                                 donation and maintain its integrity,                                     language. This means that each rule we
                                                 impartiality, and public confidence. We                                  publish must:                                                   PART 48—LEASES COVERING
                                                 expect to receive 25 responses to this                                     a. Be logically organized;                                    BUREAU-OPERATED SCHOOLS AND
                                                 information collection annually. The                                       b. Use the active voice to address readers                    FUNDRAISING ACTIVITIES AT
                                                 burden associated with this information                                  directly;                                                       BUREAU-OPERATED SCHOOLS
                                                 collection is already reflected in the                                     c. Use clear language rather than jargon;
                                                                                                                            d. Be divided into short sections and                         Subpart A—General Provisions
                                                 approval of OMB Control Number 1090–                                     sentences; and                                                  Sec.
                                                 0009.                                                                      e. Use lists and tables wherever possible.                    48.1  What is the purpose of this part?
                                                 J. National Environmental Policy Act                                        If you feel that we have not met these                       48.2  What is the scope of this part?
                                                                                                                          requirements, send us comments by one                           48.3  What terms do I need to know?
                                                   This proposed rule does not                                                                                                            48.4  What is considered unethical conduct
                                                                                                                          of the methods listed in the ADDRESSES
                                                 constitute a major Federal action                                                                                                            in the context of this part?
                                                                                                                          section. To better help us revise the                           48.5 What accounting standards will the
                                                 significantly affecting the quality of the                               rule, your comments should be as                                    Bureau use in monitoring the receipt,
                                                 human environment. A detailed                                            specific as possible. For example, you                              holding, and use of funds?
                                                 statement under the National                                             should tell us the numbers of the                               48.6 How long will the funds be available?
                                                 Environmental Policy Act of 1969                                         sections or paragraphs that are unclearly                       48.7 How does the Paperwork Reduction
                                                 (NEPA) is not required because the                                       written, which sections or sentences are                            Act affect this part?
                                                 environmental effects of this proposed                                   too long, the sections where you believe                        Subpart B—Leasing of Bureau-Operated
                                                 rule are too speculative to lend                                         lists or tables would be useful, etc.                           Facilities
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                                                 themselves to meaningful analysis and
                                                 will later be subject to the NEPA                                        M. Public Availability of Comments                              48.101 Who may enter into a lease on
                                                                                                                                                                                              behalf of a Bureau-operated school?
                                                 process, unless covered by a categorical                                   Before including your address, phone
                                                                                                                                                                                          48.102 With whom may the Director enter
                                                 exclusion. (For further information see                                  number, email address, or other                                     into a lease?
                                                 43 CFR 46.210(i)). We have also                                          personal identifying information in your                        48.103 What facilities may be leased?
                                                 determined that the rule does not                                        comment, you should be aware that                               48.104 What standards will the Director use
                                                 involve any of the extraordinary                                         your entire comment—including your                                  in determining whether to enter into a
                                                 circumstances listed in 43 CFR 46.215                                    personal identifying information—may                                lease?



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                                                 40222                    Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Proposed Rules

                                                 48.105 What provisions must a lease                     education activities upon approval by                    Facilities means land or facilities
                                                     contain?                                            the superintendent or officer-in-charge,               authorized for use by a Bureau-operated
                                                 48.106 May a lessee construct permanent                 where no consideration is received in                  school.
                                                     improvements under a lease?                         exchange for the use of the facilities;
                                                 48.107 What consideration may a Bureau-                                                                          Funds means money.
                                                                                                            (2) 26 CFR 31.7 and 36.43(g),
                                                     operated school accept in exchange for a                                                                     Fundraising means requesting
                                                     lease?                                              establishing guidelines for student
                                                                                                                                                                donations, selling items, or providing a
                                                 48.108 How will the Bureau determine                    fundraising; or
                                                                                                                                                                service, activity, or event to raise funds,
                                                     appropriate consideration for a lease?                 (3) The implementing regulations for
                                                                                                                                                                except that writing a grant proposal to
                                                 48.109 Who may use the funds?                           the Federal Employees Quarters
                                                                                                                                                                secure resources to support school
                                                 48.110 For what purposes may a Bureau-                  Facilities Act, 5 U.S.C. 5911, at 41 CFR
                                                     operated school use the funds?                                                                             purposes is not fundraising. Fundraising
                                                                                                         part 114–51 and policies at
                                                 48.111 How does a lessee pay the Bureau-                                                                       does not include requests for donated
                                                                                                         Departmental Manual part 400, chapter
                                                     operated school under a lease?                                                                             supplies, materials, in-kind services, or
                                                                                                         3; or
                                                 48.112 How are lease payments processed?                                                                       funds (e.g., fees for school activities)
                                                                                                            (4) The use of Bureau-operated school
                                                 48.113 Will late payment charges or special                                                                    that schools traditionally require or
                                                     fees apply to delinquent lease payments?            facilities or lands by other Federal
                                                                                                                                                                request parents and guardians of
                                                 48.114 How will the Bureau monitor the                  agencies so long as the use is
                                                                                                                                                                students to provide.
                                                     results achieved by the use of funds                memorialized in a written agreement
                                                     received from leases?                               between the BIE and the other Federal                    Head of the School means the
                                                 48.115 Who may investigate compliance                   agency.                                                Principal, President, School Supervisor,
                                                     with a lease?                                                                                              Residential Life Director,
                                                 48.116 What will the Bureau do about a                  § 48.2   What is the scope of this part?               Superintendent of the School, or
                                                     violation of a lease?                                 The leasing provisions of this part                  equivalent head of a Bureau-operated
                                                 48.117 What will the Bureau do if a lessee              apply only to facilities operated by the               school where facilities are being leased
                                                     does not cure a lease violation on time?            BIE and the fundraising provisions of                  under this Part.
                                                 48.118 May a lease be assigned, subleased,              this part apply only to employees of
                                                     or mortgaged?                                                                                                Lease means a written contract or
                                                                                                         schools operated by the BIE. This part                 rental agreement executed in
                                                 Subpart C—Fundraising Activities                        does not apply to public schools, Public               accordance with this part, granting the
                                                 48.201 To whom does this subpart apply?                 Law 100–297 Tribally controlled                        possession and use of facilities at a
                                                 48.202 May employees fundraise?                         schools, or Public Law 93–638 contract                 Bureau-operated school to a private or
                                                 48.203 How much time may employees                      or grant schools.                                      public person or entity in return for
                                                     spend fundraising?                                                                                         funds.
                                                 48.204 For what school purposes may                     § 48.3   What terms do I need to know?
                                                     employees fundraise?                                   Assistant Secretary means the                         Private person or entity means an
                                                 48.205 What are the limitations on                      Assistant Secretary—Indian Affairs or                  individual who is not acting on behalf
                                                     fundraising?                                        his or her designee.                                   of a public person or entity and
                                                 48.206 What approvals are necessary to
                                                                                                            Bureau means the Bureau of Indian                   includes, but is not limited to, private
                                                     accept a donation?                                                                                         companies, nonprofit organizations and
                                                 48.207 How may the donations solicited                  Education.
                                                                                                            Bureau official means the official in               any other entity not included in the
                                                     under this subpart be used?                                                                                definition of public person or entity.
                                                                                                         charge of administrative functions for
                                                   Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9;              the Bureau under this part.                              Public person or entity means a State,
                                                 Pub. L. 112–74; Pub. L. 113–235.                                                                               local, Federal or Tribal governmental
                                                                                                            Bureau-operated school means a day
                                                 Subpart A—General Provisions                            or boarding school, or a dormitory for                 agency or unit thereof.
                                                                                                         students attending a school other than a                 School purposes means lawful
                                                 § 48.1   What is the purpose of this part?              Bureau school, an institution of higher                activities and purchases for the benefit
                                                   (a) The purpose of this part is to set                learning and associated facilities                     of students and school operations
                                                 forth processes and procedures to:                      operated by the Bureau. This term does                 including, but not limited to: Academic,
                                                   (1) Implement authorization for the                   not include public schools, Public Law                 residential, and extra-curricular
                                                 Director to lease or rent Bureau-operated               100–297 Tribally controlled schools, or                programs during or outside of the
                                                 school facilities in exchange for                       Public Law 93–638 contract or grant                    normal school day and year; books,
                                                 consideration in the form of funds;                     schools.                                               supplies or equipment for school use;
                                                   (2) Establish mechanisms and                             Construction means construction of                  building construction, maintenance
                                                 standards for leasing or renting of                     new facilities, modification, or                       and/or operations; landscape
                                                 Bureau-operated facilities, and                         alteration of existing grounds or                      construction, modifications, or
                                                 management and use of the funds                         building structures.                                   maintenance on the school grounds.
                                                 received as consideration;                                 Designee means a supervisory
                                                   (3) Describe allowable fundraising                    contracting specialist the Director                    § 48.4 What is considered unethical
                                                 activities by the employees of Bureau-                  designates to act on his or her behalf.                conduct in the context of this part?
                                                 operated schools;                                          Director means the Director, Bureau of                Violation or the appearance of
                                                   (4) Set accountability standards to                   Indian Education.                                      violation of any applicable ethics statute
                                                 ensure ethical conduct; and                                Department means the Department of                  or regulation by an employee may be
                                                   (5) Establish provisions for                          the Interior.                                          considered unethical conduct.
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                                                 monitoring the amount and terms of                         Donation means something of value
                                                 consideration received, the manner in                   (e.g., funds, land, personal property)                 § 48.5 What accounting standards will the
                                                 which the consideration is used, and                    received from a non-Federal source                     Bureau use in monitoring the receipt,
                                                                                                                                                                holding, and use of funds?
                                                 any results achieved by such use.                       without consideration or an exchange of
                                                   (b) Nothing in this part affects:                     value.                                                   The Bureau will use applicable
                                                   (1) 25 CFR 31.2, allowing for use of                     Employee means an employee of the                   Federal financial accounting rules in
                                                 Federal Indian school facilities for                    Bureau working with or at a Bureau-                    monitoring the receipt, holding, and use
                                                 community activities and adult                          operated school.                                       of funds.


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                                                                          Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Proposed Rules                                            40223

                                                 § 48.6 How long will the funds be                         (5) Not allow contact or access to                   lease must also contain the following
                                                 available?                                              students inconsistent with applicable                  provisions:
                                                   Funds generated under these                           law;                                                     (1) The lessee holds the United States
                                                 regulations remain available to the                       (6) Not result in any Bureau                         harmless from any loss, liability, or
                                                 recipient school until expended,                        commitments after the lease expires;                   damages resulting from the lessee’s, its
                                                 notwithstanding 31 U.S.C. 3302.                         and                                                    invitees’, and licensees’ use or
                                                                                                           (7) Not compromise the safety and                    occupation of the leased facility; and
                                                 § 48.7 How does the Paperwork Reduction                 security of students and staff or damage                 (2) The lessee indemnifies the United
                                                 Act affect this part?                                   facilities.                                            States against all liabilities or costs
                                                   The collections of information in this                  (c) The Director’s or designee’s                     relating to the use, handling, treatment,
                                                 part have been approved by the Office                   decision on a proposed lease is                        removal, storage, transportation, or
                                                 of Management and Budget under 44                       discretionary and is not subject to                    disposal of hazardous materials, or the
                                                 U.S.C. 3501 et seq. and assigned OMB                    review or appeal under part 2 of this                  release or discharge of any hazardous
                                                 Control Number 1076–NEW and OMB                         chapter or otherwise.                                  material from the leased premises that
                                                 Control Number 1090–0009. Response is                   § 48.105 What provisions must a lease
                                                                                                                                                                occurs during the lease term, regardless
                                                 required to obtain a benefit. A Federal                 contain?                                               of fault, with the exception that the
                                                 agency may not conduct or sponsor, and                     (a) All leases of Bureau-operated                   lessee is not required to indemnify the
                                                 you are not required to respond to, a                   facilities must identify:                              Indian landowners for liability or cost
                                                 collection of information unless it                        (1) The facility, or portion thereof,               arising from the Indian landowners’
                                                 displays a currently valid OMB Control                  being leased;                                          negligence or willful misconduct.
                                                 Number.                                                    (2) The purpose of the lease and                    § 48.106 May a lessee construct
                                                                                                         authorized uses of the leased facility;                permanent improvements under a lease?
                                                 Subpart B—Leasing of Bureau-                               (3) The parties to the lease;
                                                 Operated Facilities                                        (4) The term of the lease, and any                     (a) The lessee may construct
                                                                                                         renewal term, if applicable;                           permanent improvements under a lease
                                                 § 48.101 Who may enter into a lease on                                                                         of a Bureau-operated facility only if the
                                                 behalf of a Bureau-operated school?                        (5) The ownership of permanent
                                                                                                         improvements and the responsibility for                lease contains the following provisions.
                                                   Only the Director or a designee may                                                                             (1) A description of the type and
                                                                                                         constructing, operating, maintaining,
                                                 enter into leases.                                                                                             location of any permanent
                                                                                                         and managing permanent
                                                                                                         improvements, and meeting due                          improvements to be constructed by the
                                                 § 48.102 With whom may the Director enter
                                                                                                         diligence requirements under § 48.106;                 lessee and a general schedule for
                                                 into a lease?
                                                                                                            (6) Payment requirements and late                   construction of the permanent
                                                   The Director or designee may lease to                                                                        improvements, including dates for
                                                 public or private persons or entities who               payment charges, including interest;
                                                                                                            (7) That lessee will maintain                       commencement and completion of
                                                 meet the requirements of this part that                                                                        construction;
                                                                                                         insurance sufficient to cover negligence
                                                 are applicable to leasing activities.                                                                             (2) Specification of who owns the
                                                                                                         or intentional misconduct occurring on
                                                 § 48.103   What facilities may be leased?               the leasehold; and                                     permanent improvements the lessee
                                                                                                            (8) Any bonding requirements, as                    constructs during the lease term and
                                                   Any portion of a Bureau-operated                                                                             specifies whether each specific
                                                 school facility may be leased as long as                required in the discretion of the
                                                                                                         Director. If a performance bond is                     permanent improvement the lessee
                                                 the lease does not interfere with the                                                                          constructs will:
                                                 normal operations of the Bureau-                        required, the lease must state that the
                                                                                                         lessee must obtain the consent of the                     (i) Remain on the leased premises,
                                                 operated school, student body, or staff,                                                                       upon the expiration, cancellation, or
                                                 and otherwise meets applicable                          surety for any legal instrument that
                                                                                                         directly affects their obligations and                 termination of the lease, in a condition
                                                 requirements of this part.                                                                                     satisfactory to the Director, and become
                                                                                                         liabilities.
                                                 § 48.104 What standards will the Director                  (b) All leases of Bureau-operated                   the property of the Bureau-operated
                                                 use in determining whether to enter into a              facilities must include the following                  school;
                                                 lease?                                                  provisions:                                               (ii) Be removed within a time period
                                                                                                            (1) There must not be any unlawful                  specified in the lease, at the lessee’s
                                                   (a) The Director or designee will make
                                                                                                         conduct, creation of a nuisance, illegal               expense, with the leased premises to be
                                                 the final decision regarding approval of
                                                                                                         activity, or negligent use or waste of the             restored as closely as possible to their
                                                 a proposed lease. The Director or
                                                                                                         leased premises;                                       condition before construction of the
                                                 designee must ensure that the lease
                                                                                                            (2) The lessee must comply with all                 permanent improvements; or
                                                 provides a net financial benefit to the
                                                                                                         applicable laws, ordinances, rules,                       (iii) Be disposed of by other specified
                                                 school and that the Head of the School
                                                                                                         regulations, and other legal                           means.
                                                 has certified, after consultation with the
                                                                                                         requirements;                                             (3) Due diligence requirements that
                                                 school board or board of regents, that
                                                                                                            (3) The Bureau has the right, at any                require the lessee to complete
                                                 the lease meets the standards in
                                                                                                         reasonable time during the term of the                 construction of any permanent
                                                 paragraph (b) of this section.
                                                                                                         lease and upon reasonable notice to                    improvements within the schedule
                                                   (b) The lease must:                                                                                          specified in the lease or general
                                                                                                         enter the leased premises for inspection
                                                   (1) Comply with the mission of the                    and to ensure compliance; and                          schedule of construction, and a process
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                                                 school;                                                    (4) The Bureau may, at its discretion,              for changing the schedule by mutual
                                                   (2) Conform to principles of good                     treat as a lease violation any failure by              consent of the parties.
                                                 order and discipline;                                   the lessee to cooperate with a request to                 (i) If construction does not occur, or
                                                   (3) Not interfere with existing or                    make appropriate records, reports, or                  is not expected to be completed, within
                                                 planned school activities or programs;                  information available for inspection and               the time period specified in the lease,
                                                   (4) Not interfere with school board                   duplication.                                           the lessee must provide the Director
                                                 staff and/or community access to the                       (c) Unless the lessee would be                      with an explanation of good cause as to
                                                 school;                                                 prohibited by law from doing so, the                   the nature of any delay, the anticipated


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                                                 40224                    Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Proposed Rules

                                                 date of construction of facilities, and                 § 48.112 How are lease payments                          determine if the lessee is in compliance
                                                 evidence of progress toward                             processed?                                               with the requirements of the lease.
                                                 commencement of construction.                              The Bureau official must deposit
                                                    (ii) Failure of the lessee to comply                 funds received as lease consideration or                 § 48.116 What will the Bureau do about a
                                                 with the due diligence requirements of                                                                           violation of a lease?
                                                                                                         late payment charge into the Treasury
                                                 the lease is a violation of the lease and               account set up to receive the proceeds                     (a) If the Bureau determines there has
                                                 may lead to cancellation of the lease.                  from the Bureau-operated school’s lease.                 been a violation of the conditions of a
                                                    (b) The lessee must prepare the                                                                               lease, it will promptly send the lessee
                                                 required information and analyses,                      § 48.113 Will late payment charges or                    and any surety and mortgagee a notice
                                                 including information to facilitate the                 special fees apply to delinquent lease                   of violation, by certified mail, return
                                                 Bureau’s analysis under applicable                      payments?                                                receipt requested.
                                                 environmental and cultural resource                       (a) Late payment charges will apply as                   (1) The notice of violation will advise
                                                 requirements.                                           specified in the lease. The failure to pay               the lessee that, within 10 business days
                                                    (c) The Bureau may take appropriate                  these amounts will be treated as a lease                 of the receipt of a notice of violation, the
                                                 enforcement action to ensure removal of                 violation.                                               lessee must:
                                                 the permanent improvements and                            (b) We may assess the following                          (i) Cure the violation and notify the
                                                 restoration of the premises at the                      special fees to cover administrative                     Bureau in writing that the violation has
                                                 lessee’s expense before or after                        costs incurred by the United States in                   been cured;
                                                 expiration, termination, or cancellation                the collection of the debt, if rent is not                 (ii) Dispute the determination that a
                                                 of the lease. The Bureau may collect and                paid in the time and manner required,                    violation has occurred; or
                                                 hold the performance bond or                            in addition to late payment charges that                   (iii) Request additional time to cure
                                                 alternative form of security until                      must be paid under the terms of the                      the violation.
                                                 removal and restoration are completed.                  lease:                                                     (2) The notice of violation may order
                                                    (d) The due diligence requirements of                                                                         the lessee to cease operations under the
                                                 this section do not apply to leases for                 The lessee will       For . . .                          lease.
                                                 religious, educational, recreational,                   pay . . .
                                                                                                                                                                    (b) A lessee’s failure to pay
                                                 cultural, or other public purposes.                                                                              compensation in the time and manner
                                                                                                         (1) $50.00 ......     Any dishonored check.
                                                 § 48.107 What consideration may a                       (2) $15.00 ......     Processing of each notice or       required by the lease is a violation of the
                                                 Bureau-operated school accept in exchange                                       demand letter.                   lease, and the Bureau will issue a notice
                                                 for a lease?                                            (3) 18 percent        Treasury processing fol-           of violation in accordance with this
                                                   A Bureau-operated school may accept                     of balance            lowing referral for collec-      section requiring the lessee to provide
                                                                                                           due.                  tion of delinquent debt.         adequate proof of payment.
                                                 only funds as consideration for a lease.
                                                                                                                                                                    (c) The lessee and its sureties will
                                                 § 48.108 How will the Bureau determine                  § 48.114 How will the Bureau monitor the                 continue to be responsible for the
                                                 appropriate consideration for a lease?                  results achieved by the use of funds                     obligations in the lease until the lease
                                                    The Bureau will determine what                       received from leases?                                    expires, or is terminated or cancelled.
                                                 consideration is appropriate for a lease                   The Head of the School for each
                                                 by considering, at a minimum, the                       Bureau-operated school that has active                   § 48.117 What will the Bureau do if a
                                                 following factors:                                                                                               lessee does not cure a lease violation on
                                                                                                         leases under this part must submit a                     time?
                                                    (a) The indirect and direct costs of the             quarterly report to the Director, the
                                                 lease; and                                              designee, and the Office of Facilities                      (a) If the lessee does not cure a
                                                    (b) Whether there will be a net                      Management and Construction. The                         violation of a lease within the required
                                                 financial benefit to the school.                        report must contain the following                        time period, or provide adequate proof
                                                                                                         information:                                             of payment as required in the notice of
                                                 § 48.109   Who may use the funds?                                                                                violation, the Bureau will take one or
                                                    The Bureau-operated school may use                      (a) A list of leases and the facilities
                                                                                                         covered by each lease;                                   more of the following actions:
                                                 funds, including late payment charges,                                                                              (1) Cancel the lease;
                                                 received as compensation for leasing                       (b) An accounting of receipts from
                                                                                                         each lease;                                                 (2) Invoke other remedies available
                                                 that school’s facilities. The funds must                                                                         under the lease or applicable law,
                                                                                                            (c) An accounting of all expenditures
                                                 first be sent to the Bureau official as                                                                          including collection on any available
                                                                                                         and the supporting documentation
                                                 provided for in the subject lease for                                                                            performance bond or, for failure to pay
                                                                                                         showing that expenditures were made
                                                 processing in accordance with § 48.112.                                                                          compensation, referral of the debt to the
                                                                                                         for school purposes;
                                                 § 48.110 For what purposes may a Bureau-                   (d) A report of the benefits provided                 Department of the Treasury for
                                                 operated school use the funds?                          by the leasing program as a whole;                       collection; or
                                                   The Bureau-operated school must first                    (e) A certification that the terms of                    (3) Grant the lessee additional time in
                                                 use the funds to pay for indirect and                   each lease were met or, if the terms of                  which to cure the violation.
                                                 direct costs of the lease. The Bureau-                  a lease were not met, the actions taken                     (b) The Bureau may take action to
                                                 operated school must use the remaining                  as a result of the noncompliance; and                    recover unpaid compensation and any
                                                 funds for any school purposes.                             (f) Any unexpected expenses                           associated late payment charges, and
                                                                                                         incurred.                                                does not have to cancel the lease or give
                                                 § 48.111 How does a lessee pay the                                                                               any further notice to the lessee before
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                                                 Bureau-operated school under a lease?                   § 48.115 Who may investigate compliance                  taking action to recover unpaid
                                                   A lessee must pay consideration and                   with a lease?                                            compensation. The Bureau may still
                                                 any late payment charges due under the                    The Head of the School or his                          take action to recover any unpaid
                                                 lease to the Bureau-operated school by                  designee or any Bureau official may                      compensation if it cancels the lease.
                                                 certified check, money order, or                        enter the leased facility at any                            (c) If the Bureau decides to cancel the
                                                 electronic funds transfer made out to the               reasonable time, upon reasonable                         lease, it will send the lessee and any
                                                 Bureau and containing identifying                       notice, and consistent with any notice                   surety and mortgagee a cancellation
                                                 information as provided for in the lease.               requirements under the lease to                          letter by certified mail, return receipt


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                                                                          Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Proposed Rules                                          40225

                                                 requested, within 5 business days of our                § 48.204 For what school purposes may                  Bureau and Bureau-operated school, its
                                                 decision. The cancellation letter will:                 employees fundraise?                                   programs, and its personnel, including
                                                    (1) Explain the grounds for                            Employees may fundraise for school                   but not limited to the following
                                                 cancellation;                                           purposes as defined in § 48.3.                         considerations:
                                                    (2) If applicable, notify the lessee of                                                                        (1) The fundraising and acceptance of
                                                                                                         § 48.205 What are the limitations on                   the donation would not likely result in
                                                 the amount of any unpaid compensation                   fundraising?
                                                 or late payment charges due under the                                                                          public controversy;
                                                 lease;                                                    (a) Fundraising may not include any                     (2) Any conditions on donations must
                                                    (3) Notify the lessee of the lessee’s                gaming or gambling activity.                           be consistent with the Bureau and
                                                                                                           (b) Fundraising may not violate, or                  Bureau-operated school’s policy, goals,
                                                 right to appeal under part 2 of this
                                                                                                         create an appearance of violating, any                 and programs; and
                                                 chapter, including the possibility that
                                                                                                         applicable ethical statutes or                            (3) The fundraising and donation may
                                                 the official to whom the appeal is made
                                                                                                         regulations.                                           not involve any inappropriate goods or
                                                 may require the lessee to post an appeal                  (c) Fundraising and donations must
                                                 bond;                                                                                                          services.
                                                                                                         maintain the integrity of the Bureau-                     (f) Participation in fundraising is
                                                    (4) Order the lessee to vacate the                   operated school programs and
                                                 property within 31 days of the date of                                                                         voluntary. No student, community
                                                                                                         operations, including but not limited to               member, or organization shall be forced,
                                                 receipt of the cancellation letter, if an               the following considerations:
                                                 appeal is not filed by that time; and                                                                          coerced or otherwise unduly pressured
                                                                                                           (1) The donation may not, and may                    to participate in fundraising. No
                                                    (5) Order the lessee to take any other               not appear, to be an attempt to influence
                                                 action the Bureau deems necessary to                                                                           reprimand, condemnation, nor criticism
                                                                                                         the exercise of any regulatory or other                shall be made of, nor any retaliatory
                                                 protect the facility.                                   authority of the Bureau;
                                                    (d) The Bureau may invoke any other                                                                         action taken against, any student,
                                                                                                           (2) The donation may not require                     community member, or organization for
                                                 remedies available to us under the lease,               commitment of current or future
                                                 including collecting on any available                                                                          failure to participate or succeed in
                                                                                                         funding that is not planned or available;              fundraising.
                                                 performance bond.                                         (3) The donation must be consistent
                                                 § 48.118 May a lease be assigned,
                                                                                                         with, and may not otherwise                            § 48.206 What approvals are necessary to
                                                 subleased, or mortgaged?                                circumvent, law, regulation, or policy;                accept a donation?
                                                                                                           (4) The Bureau-operated school must                    (a) Prior to accepting a donation, the
                                                   A lessee may assign, sublease, or                     be able to properly utilize or manage
                                                 mortgage a lease only with the approval                                                                        Bureau official must approve the
                                                                                                         any donated real or personal property                  acceptance and certify that it complies
                                                 of the Director.                                        within policy, programmatic, and                       with this subpart, including the
                                                 Subpart C—Fundraising Activities                        management goals;                                      considerations of § 48.205,
                                                                                                           (5) Any conditions on the donation                   Departmental policy, and any applicable
                                                 § 48.201   To whom does this subpart                    must be consistent with authorized                     statute or regulation.
                                                 apply?                                                  school purposes and any relevant policy                  (b) Prior to accepting a donation that
                                                   This subpart applies to employees                     or planning documents;                                 consists of volunteer services, the
                                                 under the direction and supervision of                    (6) The donation may not be used by                  Bureau official must approve the
                                                 the Director that fundraise for a Bureau-               the donor to state or imply endorsement                acceptance and certify that it complies
                                                 operated school. This subpart does not                  by the Bureau or Bureau-operated                       with this subpart, including the
                                                 apply to students who fundraise.                        school of the donor or the donor’s                     considerations of § 48.205, 25 CFR
                                                                                                         products or services;                                  38.14, Departmental policy, and any
                                                 § 48.202   May employees fundraise?                       (7) The donation, if it consists of                  applicable statute or regulation.
                                                    (a) Employees may fundraise for                      personnel or funding to hire personnel,
                                                 school purposes as part of their official               must be structured such that the                       § 48.207 How may donations solicited
                                                 duties using their official title, position             donated or funded personnel do not                     under this subpart be used?
                                                 and authority, or in a personal capacity,               inappropriately influence any Bureau                      (a) The Bureau official must deposit
                                                 so long as:                                             regulatory action or other significant                 all income from the fundraising into the
                                                    (1) The Bureau official approves the                 decision.                                              Treasury account set up to receive the
                                                 fundraising in advance and certifies that                 (d) The fundraising and donation                     proceeds from the fundraising activities
                                                 it complies with this subpart; and                      must maintain the impartiality, and                    authorized under this part. The Bureau-
                                                    (2) The employees ensure the                         appearance of impartiality, of the                     operated school must first use the funds
                                                 fundraising conforms to the                             Bureau, Bureau-operated school, and its                to pay documented costs of the
                                                 requirements of this subpart.                           employees, including but not limited to                fundraising activity and must use the
                                                    (b) Nothing in this part allows                      the following considerations:                          remaining funds in accordance with
                                                 participation in political or other                       (1) The proposed donation may be                     paragraph (b) of this section.
                                                 activities prohibited by law.                           only in an amount that would not                          (b) Funds and in-kind donations
                                                                                                         influence or appear to influence any                   solicited under this subpart may be used
                                                 § 48.203 How much time may employees                    pending Bureau decision or action                      for the school purposes identified in the
                                                 spend fundraising?                                      involving the donor’s interests;                       solicitation. If the solicitation did not
                                                   (a) Each authorized employee may                        (2) There may be no actual or implied                identify the school purposes, the funds
                                                 spend no more than a reasonable                         commitment to take an action favorable                 and in-kind donations may be used for
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                                                 portion of his or her official duties as an             to the donor in exchange for the                       any school purposes defined in § 48.3.
                                                 employee in any calendar year                           donation;                                                 (c) Each Bureau-operated school that
                                                 fundraising.                                              (3) The donor may not obtain or                      has received donations must submit a
                                                   (b) There is no limit to the time                     appear to obtain special treatment                     quarterly report to the Director
                                                 employees may spend fundraising in a                    dealing with the Bureau or Bureau-                     containing the following information:
                                                 personal capacity when not on duty, as                  operated school.                                          (1) A list of donors, donation
                                                 long as other requirements of this                        (e) The fundraising and donation                     amounts, and estimated values of
                                                 subpart are met.                                        must maintain public confidence in the                 donated goods and services;


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                                                 40226                    Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Proposed Rules

                                                   (2) An accounting of all costs of                     Revenue Service, P.O. Box 7604, Ben                    DEPARTMENT OF HOMELAND
                                                 fundraising activities;                                 Franklin Station, Washington, DC                       SECURITY
                                                   (3) Supporting documentation                          20044. Submissions may be hand-
                                                 showing the donations were used for                     delivered Monday through Friday to                     Coast Guard
                                                 school purposes; and                                    CC:PA:LPD:PR (REG–108060–15),
                                                   (4) A report of the results achieved by               Couriers Desk, Internal Revenue                        33 CFR Part 165
                                                 use of donations.                                       Service, 1111 Constitution Avenue NW.,                 [Docket No. USCG–2015–0492]
                                                   Dated: June 15, 2016.                                 Washington, DC 20224 or sent
                                                 Lawrence S. Roberts,                                    electronically via the Federal                         RIN 1625–AA00
                                                 Acting Assistant Secretary—Indian Affairs.              eRulemaking Portal at
                                                                                                                                                                Safety Zone; Lower Niagara River at
                                                 [FR Doc. 2016–14665 Filed 6–20–16; 8:45 am]             www.regulations.gov (IRS REG–108060–
                                                                                                                                                                Niagara Falls, New York
                                                 BILLING CODE 4337–15–P                                  15).
                                                                                                                                                                AGENCY:   Coast Guard, DHS.
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                         Concerning the proposed regulations,                   ACTION:   Notice of proposed rulemaking.
                                                 DEPARTMENT OF THE TREASURY                              Austin M. Diamond-Jones at (202) 317–                  SUMMARY:    The Coast Guard proposes to
                                                 Internal Revenue Service                                5363, and Raymond J. Stahl at (202)                    establish regulations for a permanent
                                                                                                         317–6938; concerning submissions of                    safety zone within the Captain of the
                                                 26 CFR Part 1                                           comments, the hearing and/or to be                     Port Zone Buffalo on the Lower Niagara
                                                                                                         placed on the building access list to                  River, Niagara Falls, NY.
                                                 [REG–108060–15]                                         attend the hearing Regina Johnson at                      This proposed rule is intended to
                                                 RIN 1545–BN40                                           (202) 317–6901 (not toll-free numbers).                restrict vessels from a portion of the
                                                                                                         SUPPLEMENTARY INFORMATION:     The                     Lower Niagara River considered not
                                                 Treatment of a Certain Interests in                                                                            navigable as listed in the United States
                                                 Corporations as Stock or                                subject of the public hearing is the
                                                                                                                                                                Coast Pilot Book 6—Great Lakes: Lake
                                                 Indebtedness; Hearing                                   notice of proposed rulemaking (REG–
                                                                                                                                                                Ontario, Erie, Huron, Michigan and
                                                                                                         108060–15) that was published in the
                                                 AGENCY:  Internal Revenue Service (IRS),                                                                       Superior and St. Lawrence River and
                                                                                                         Federal Register on Friday, April 8,                   more specifically as described below.
                                                 Treasury.                                               2016 (81 FR 20912).                                    The safety zone to be established by this
                                                 ACTION: Notice of a public hearing on
                                                                                                            The rules of 26 CFR 601.601(a)(3)                   proposed rule is necessary to protect the
                                                 notice of proposed rulemaking.                          apply to the hearing. Persons who wish                 public and vessels from the hazards
                                                 SUMMARY:    This document provides a                    to present oral comments at the hearing                associated with the heavy rapids in the
                                                 notice of public hearing on proposed                    must submit an outline of the topics to                narrow waterway of the Lower Niagara
                                                 regulations under section 385 of the                    be addressed and the amount of time to                 River.
                                                 Internal Revenue Code that would                        be devoted to each topic by Thursday,                  DATES: Comments and related materials
                                                 authorize the Commissioner to treat                     July 7, 2016.                                          must be received by the Coast Guard on
                                                 certain related-party interests in a                       A period of 10 minutes is allotted to               or before September 19, 2016.
                                                 corporation as indebtedness in part and                 each person for presenting oral                        ADDRESSES: You may submit comments
                                                 stock in part for federal tax purposes,                 comments. After the deadline for                       identified by docket number USCG–
                                                 and establish threshold documentation                   receiving outlines has passed, the IRS                 2015–0492 using any one of the
                                                 requirements that must be satisfied in                  will prepare an agenda containing the                  following methods:
                                                 order for certain related-party interests               schedule of speakers. Copies of the                       (1) Federal eRulemaking Portal:
                                                 in a corporation to be treated as                                                                              http://www.regulations.gov.
                                                                                                         agenda will be made available, free of
                                                 indebtedness for federal tax purposes.                                                                            (2) Fax: 202–493–2251.
                                                                                                         charge, at the hearing or by contacting
                                                 The proposed regulations also would                                                                               (3) Mail: Docket Management Facility
                                                                                                         the Publications and Regulations Branch
                                                 treat as stock certain related-party                                                                           (M–30), U.S. Department of
                                                 interests that otherwise would be                       at (202) 317–6901 (not a toll-free
                                                                                                                                                                Transportation, West Building Ground
                                                 treated as indebtedness for federal tax                 number).
                                                                                                                                                                Floor, Room W12–140, 1200 New Jersey
                                                 purposes.                                                  Because of access restrictions, the IRS             Avenue SE., Washington, DC 20590–
                                                 DATES:  The public hearing is being held                will not admit visitors beyond the                     0001.
                                                 on Thursday, July 14, 2016, at 10:00                    immediate entrance area more than 30                      (4) Delivery: At the same as mail
                                                 a.m. Written or electronic comments                     minutes before the hearing starts. For                 address above, between 9 a.m. and 5
                                                 and outlines of the topics to be                        information about having your name                     p.m., Monday through Friday, except
                                                 discussed at the public hearing are still               placed on the building access list to                  federal holidays. The telephone number
                                                 being accepted and must be received by                  attend the hearing, see the FOR FURTHER                is 202–366–9329.
                                                 July 7, 2016.                                           INFORMATION CONTACT section of this                       To avoid duplication, please use only
                                                 ADDRESSES: The public hearing is being                  document.                                              one of these four methods. See the
                                                 held in the IRS Auditorium, Internal                                                                           ‘‘Public Participation and Request for
                                                                                                         Martin V. Franks,                                      Comments’’ portion of the
                                                 Revenue Service Building, 1111
                                                                                                         Chief, Publications and Regulations Branch,            SUPPLEMENTARY INFORMATION section
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                                                 Constitution Avenue NW., Washington,                    Legal Processing Division, Associate Chief
                                                 DC 20224. Due to building security                                                                             below for instructions on submitting
                                                                                                         Counsel, (Procedure and Administration).               comments.
                                                 procedures, visitors must enter at the                  [FR Doc. 2016–14734 Filed 6–20–16; 8:45 am]
                                                 Constitution Avenue entrance. In                                                                               FOR FURTHER INFORMATION CONTACT:   If
                                                                                                         BILLING CODE 4830–01–P
                                                 addition, all visitors must present photo                                                                      you have questions on this proposed
                                                 identification to enter the building.                                                                          rule, call or email LTJG Amanda Garcia,
                                                   Send Submissions to CC:PA:LPD:PR                                                                             Chief of Waterways Management, U.S.
                                                 (REG–108060–15), Room 5205, Internal                                                                           Coast Guard Sector Buffalo; telephone


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Document Created: 2016-06-21 01:30:39
Document Modified: 2016-06-21 01:30:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesPlease submit written comments by August 22, 2016. See the SUPPLEMENTARY INFORMATION section of this notice for dates of Tribal consultation sessions.
ContactVicki Forrest, Deputy Director for School Operations, Bureau of Indian Education, (202) 208-6123.
FR Citation81 FR 40218 
RIN Number1076-AF14
CFR AssociatedEducational Facilities and Indians-Education

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