Use of Bureau-Operated Schools by Third Parties, 25 CFR 48

Forms and Documents

Document Name	Status
PUBL 114-113_Excerpt.pdf Supplementary Document	2020-07-02
Supporting Statement A 1076-0187 10-14-2020.docx Supporting Statement A	2020-10-14
PLAW-112publ74(1).pdf Supplementary Document	2016-04-14
PLAW-113publ235.pdf Supplementary Document	2016-04-14

IC Document Collections

IC ID	Document Title	Status
242569	Construction of permanent improvements under the lease (Tribal govts)	New
242568	Construction of permanent improvements under the lease (businesses)	New
242567	Provisions of leases (Tribal govts)	New
221219	Assignments, subleases, and mortgages of leases (individuals)	Removed
221218	Assignments, subleases, and mortgages of leases (businesses)	Modified
221217	Violations of leases (individuals)	Removed
221087	Violations of leases (businesses)	Modified
221085	Provisions of leases (individuals)	Modified
221084	Provisions of leases (businesses)	Modified

ICR Details

OMB Control No: 1076-0187	ICR Reference No: 202007-1076-001
Status: Received in OIRA	Previous ICR Reference No: 201603-1076-004
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: Use of Bureau-Operated Schools by Third Parties, 25 CFR 48
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/16/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	22	0
Time Burden (Hours)	64	0
Cost Burden (Dollars)	0	0

---

Abstract: 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; 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.

---

Authorizing Statute(s): PL: Pub.L. 112 - 74 115 Name of Law: Consolidated Appropriations Act, 2012
   PL: Pub.L. 113 - 235 116 Name of Law: Consolidated and Further Continuing Appropriations Act, 2015
   PL: Pub.L. 114 - 114 113 Name of Law: Consolidated Appropriations Act, 2016
  

Citations for New Statutory Requirements: PL: Pub.L. 114 - 113 113 Name of Law: Consolidated Appropriations Act, 2016

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1076-AF55	Proposed rulemaking	85 FR 65000	10/14/2020

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 65000	10/14/2020
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Provisions of leases (individuals)
Provisions of leases (businesses)
Violations of leases (businesses)
Assignments, subleases, and mortgages of leases (businesses)
Provisions of leases (Tribal govts)
Construction of permanent improvements under the lease (businesses)
Construction of permanent improvements under the lease (Tribal govts)
Violations of leases (individuals)
Assignments, subleases, and mortgages of leases (individuals)

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	22	0	22	2	-2	0
Annual Time Burden (Hours)	64	0	64	4	-4	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection associated with regulations required by Congress. The new regulations establish the process for BIE to lease its BIE-operated school facilities, necessitating information collections for the lessees to provide certain information to enter into a lease, construct permanent improvements under the lease, respond to lease violations, and assign, sublease, or mortgage, the lease.

---

Annual Cost to Federal Government: $4,186

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/16/2020

---