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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 25 - Indians |
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Chapter I - Bureau of Indian Affairs, Department of the Interior |
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SubChapter E - Education |
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Part 48 - Leases of Land or Facilities of Bureau-Operated Schools and Fundraising Activities at Bureau-Operated Schools |
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Subpart B - Leasing of Bureau-operated Facilities |
§ 48.104 - What standards will the Director use in determining whether to enter into a lease?
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§ 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 appropriate consideration that benefits the school and that the Head of the School where facilities are being leased 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.