81 FR 39874 - Probate Regulation Updates
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 81, Issue 118 (June 20, 2016)
Bureau of Indian Affairs
Federal Register Volume 81, Issue 118 (June 20, 2016)
| Page Range | 39874-39875 | |
| FR Document | 2016-14574 |
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)] [Proposed Rules] [Pages 39874-39875] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14574] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 15 43 CFR Part 30 [167A2100DD/AAKC001030/A0A501010.999900 253G] Probate Regulation Updates AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of Tribal consultation. ----------------------------------------------------------------------- SUMMARY: The Department of the Interior (``Department'') plans to conduct two Tribal consultation sessions with federally recognized Tribes across the country. These meetings will provide a forum for Tribes to share insights and make recommendations related to the probate of Indian estates. DATES: Written comments must be received by August 1, 2016. Please see the SUPPLEMENTARY INFORMATION section of this notice for dates of Tribal consultation sessions. ADDRESSES: You may submit comments by one of the following methods:Email: [email protected]. By hard copy: Submit by U.S. mail or hand delivery to: Ms. Elizabeth Appel, Office of Regulatory Affairs and Collaborative Action, U.S. Department of the Interior, 1849 C Street NW., MS-3071-MIB, Washington, DC 20240. Please see the SUPPLEMENTARY INFORMATION section of this notice for information on the Tribal consultation sessions. FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of Regulatory Affairs and Collaborative Action, Office of the Assistant Secretary--Indian Affairs; telephone (202) 273-4680, [email protected]. SUPPLEMENTARY INFORMATION: Tribal Consultation Sessions The Department will be hosting two Tribal consultation sessions by teleconference. Tribes were notified of these consultation sessions by letter on June 8, 2016. The sessions are: ------------------------------------------------------------------------ Time (eastern Date time) Location ------------------------------------------------------------------------ Tuesday, July 12, 2016.......... 2:00 p.m.-4:00 p.m Call-in Number: (800) 857-7479 Passcode: 6543434 Wednesday, July 13, 2016........ 2:00 p.m.-4:00 p.m Call-in Number: (800) 857-7479 Passcode: 6543434 ------------------------------------------------------------------------ The Department will also be hosting a listening session on Monday, June 27, in Spokane, Washington, in conjunction with the National Congress of American Indians mid-year conference. The Department will accept written comments received by the date listed in the DATES section of this notice. As described below, we have identified three areas for modification that will have an immediate impact in streamlining the probate process. We are seeking comments with regard to the following topics, and welcome insight on other aspects of the probate regulatory framework that could be improved. Probate Revisions Currently Under Consideration 1. Increasing the Monetary Limit for Distribution of IIM Account Funds to Pay for Funeral Services From $1,000 to $5,000 The regulation, at 25 CFR 15.301 currently establishes a monetary limit of $1,000 for distribution of Individual Indian Money (IIM) account funds to pay for funeral expenses. There is an ongoing concern that $1,000 is not sufficient to pay for funeral expenses. While individuals may submit funeral related claims to be paid from estate account funds at any time before the conclusion of the first hearing by the Office of Hearings and Appeals (OHA), the Bureau of Indian Affairs (BIA) is aware that family members sometimes suffer financial hardship and lengthy delays as the estate is finalized and claims are approved. Revisions under consideration: The BIA is considering a modification to this subpart that would increase the amount of funds available to use for funeral expenses. One proposed modification would amend current regulations by increasing the amount an individual my request from the decedent's IIM to no more than $5,000 for funeral expenses. The account must still contain a minimum balance of $2,500 in order to approve an expense under this section. In the interests of preserving estate account funds for heirs and other claimants, an alternative option would be to likewise raise the maximum payout to $5,000, but with the limitation that the total payments could not exceed 40% of the available account balance. 2. Allowing BIA To Make Minor Estate Inventory Corrections The current regulation, at 43 CFR 30.126, requires a judge to issue a modification order if trust or restricted property belonging to a decedent is omitted from the inventory of an estate. As a result, it can take significant time to make minor estate inventory corrections to include omitted property. Revision under consideration: The BIA is considering a regulatory modification to grant the BIA the authority to make estate inventory modifications when heirship has already been determined by an OHA order. The BIA would notify all interested parties to an estate in the event property interests were to be added. As in this current regulatory section, any modification that would result in property taking a different line of descent would still require OHA issuing a decision to re-determine heirs. For example, if adding property to a decedent's estate would cause that interest to become 5% or more of the parcel, and thus no longer subject to the American Indian Probate Reform Act's highly fractionated interest provisions, OHA would need to issue a new [[Page 39875]] decision to re-determine descent and distribution of those interests. There would be no change to the requirement that any removal of property from a decedent's inventory would require action by OHA. See 43 CFR 30.127. 3. Clarify OHA's Authority To Order Distribution of Trust Funds The current regulation at 43 CFR 30.254 governs how a judge distributes a decedent's trust or restricted property when the decedent died without a valid will and has no heirs. The rule establishes different distributions based on whether 25 U.S.C. 2206(a) applies, but does not identify trust personalty as a stand-alone category of trust property for distribution (where there are no land interests in the decedent's estate or within the jurisdiction of any tribe). Revision under consideration: A modification to this regulation would provide clear authority for OHA to order distribution of trust funds when there are either no land interests in a decedent's estate or no land interests within the jurisdiction of any tribe. Additionally, where the estate contains trust personalty associated with one tribe but interests in trust lands associated with another, OHA would order the trust personalty distributed to the tribe with sufficient nexus to the funds, as determined by the judge, and the land distributed to the tribe with jurisdiction over those interests. Dated: June 8, 2016. Lawrence S. Roberts, Acting Assistant Secretary--Indian Affairs. [FR Doc. 2016-14574 Filed 6-17-16; 8:45 am] BILLING CODE 4337-15-P
![39874 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Proposed Rules
merely corrects the applicability date of DEPARTMENT OF THE INTERIOR ADDRESSES: You may submit comments
the Final Rule, Modification of by one of the following methods:
Regulations Regarding Price Bureau of Indian Affairs • Email: consultation@bia.gov.
Adjustments in Antidumping Duty • By hard copy: Submit by U.S. mail
Proceedings, 81 FR 15641 (March 24, 25 CFR Part 15 or hand delivery to: Ms. Elizabeth
2016), which entailed a substantive Appel, Office of Regulatory Affairs and
change in the Department’s regulations, 43 CFR Part 30 Collaborative Action, U.S. Department
and for which it was determined that [167A2100DD/AAKC001030/ of the Interior, 1849 C Street NW., MS–
there would be no significant economic A0A501010.999900 253G] 3071–MIB, Washington, DC 20240.
impact on a substantial number of small Please see the SUPPLEMENTARY
Probate Regulation Updates INFORMATION section of this notice for
entities. As a result, this proposed
correction of the applicability date of AGENCY: Bureau of Indian Affairs, information on the Tribal consultation
the Final Rule similarly would not have Interior. sessions.
a significant economic impact on a ACTION: Notice of Tribal consultation. FOR FURTHER INFORMATION CONTACT:
substantial number of small entities. For Elizabeth Appel, Director, Office of
this reason, an Initial Regulatory SUMMARY: The Department of the
Interior (‘‘Department’’) plans to Regulatory Affairs and Collaborative
Flexibility Analysis is not required and Action, Office of the Assistant
conduct two Tribal consultation
one has not been prepared. Secretary—Indian Affairs; telephone
sessions with federally recognized
Dated: June 13, 2016. Tribes across the country. These (202) 273–4680, elizabeth.appel@
meetings will provide a forum for Tribes bia.gov.
Paul Piquado,
Assistant Secretary for Enforcement and to share insights and make SUPPLEMENTARY INFORMATION:
Compliance. recommendations related to the probate
of Indian estates. Tribal Consultation Sessions
[FR Doc. 2016–14427 Filed 6–17–16; 8:45 am]
DATES: Written comments must be The Department will be hosting two
BILLING CODE 3510–DS–P
received by August 1, 2016. Please see Tribal consultation sessions by
the SUPPLEMENTARY INFORMATION section teleconference. Tribes were notified of
of this notice for dates of Tribal these consultation sessions by letter on
consultation sessions. June 8, 2016. The sessions are:
Time
Date Location
(eastern time)
Tuesday, July 12, 2016 .......................... 2:00 p.m.–4:00 p.m ............................... Call-in Number: (800) 857–7479 Passcode: 6543434
Wednesday, July 13, 2016 ..................... 2:00 p.m.–4:00 p.m ............................... Call-in Number: (800) 857–7479 Passcode: 6543434
The Department will also be hosting While individuals may submit funeral 2. Allowing BIA To Make Minor Estate
a listening session on Monday, June 27, related claims to be paid from estate Inventory Corrections
in Spokane, Washington, in conjunction account funds at any time before the The current regulation, at 43 CFR
with the National Congress of American conclusion of the first hearing by the 30.126, requires a judge to issue a
Indians mid-year conference. The Office of Hearings and Appeals (OHA), modification order if trust or restricted
Department will accept written the Bureau of Indian Affairs (BIA) is property belonging to a decedent is
comments received by the date listed in aware that family members sometimes omitted from the inventory of an estate.
the DATES section of this notice. suffer financial hardship and lengthy As a result, it can take significant time
As described below, we have delays as the estate is finalized and to make minor estate inventory
identified three areas for modification claims are approved. corrections to include omitted property.
that will have an immediate impact in Revision under consideration:
Revisions under consideration:
streamlining the probate process. We are • The BIA is considering a regulatory
seeking comments with regard to the • The BIA is considering a
modification to grant the BIA the
following topics, and welcome insight modification to this subpart that would
authority to make estate inventory
on other aspects of the probate increase the amount of funds available
modifications when heirship has
regulatory framework that could be to use for funeral expenses. One
already been determined by an OHA
improved. proposed modification would amend order. The BIA would notify all
current regulations by increasing the interested parties to an estate in the
Probate Revisions Currently Under amount an individual my request from
Consideration event property interests were to be
the decedent’s IIM to no more than added. As in this current regulatory
1. Increasing the Monetary Limit for $5,000 for funeral expenses. The section, any modification that would
Distribution of IIM Account Funds to account must still contain a minimum result in property taking a different line
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Pay for Funeral Services From $1,000 to balance of $2,500 in order to approve an of descent would still require OHA
$5,000 expense under this section. issuing a decision to re-determine heirs.
The regulation, at 25 CFR 15.301 • In the interests of preserving estate For example, if adding property to a
currently establishes a monetary limit of account funds for heirs and other decedent’s estate would cause that
$1,000 for distribution of Individual claimants, an alternative option would interest to become 5% or more of the
Indian Money (IIM) account funds to be to likewise raise the maximum parcel, and thus no longer subject to the
pay for funeral expenses. There is an payout to $5,000, but with the limitation American Indian Probate Reform Act’s
ongoing concern that $1,000 is not that the total payments could not exceed highly fractionated interest provisions,
sufficient to pay for funeral expenses. 40% of the available account balance. OHA would need to issue a new
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![Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Proposed Rules 39875
decision to re-determine descent and (OSMRE), are announcing a 30-day The petition and exhibits can be
distribution of those interests. There extension of the comment period on a viewed and downloaded at http://
would be no change to the requirement petition, submitted pursuant to the www.regulations.gov. The petition has
that any removal of property from a Surface Mining Control and been assigned Docket ID: OSM–2016–
decedent’s inventory would require Reclamation Act, (SMCRA or the Act), 0006. The petition and exhibits also are
action by OHA. See 43 CFR 30.127. requesting that we amend our self- available for inspection at the location
bonding regulations to ensure that listed under ADDRESSES.
3. Clarify OHA’s Authority To Order
companies with a history of financial We will review and consider all
Distribution of Trust Funds
insolvency, and their subsidiary comments submitted to the addresses
The current regulation at 43 CFR companies, are not allowed to self-bond listed above (see ADDRESSES) by the
30.254 governs how a judge distributes coal mining operations. We are close of the comment period (see
a decedent’s trust or restricted property requesting comments on the merits of DATES).
when the decedent died without a valid the petition and the rule changes Please include the Docket ID ‘‘OSM–
will and has no heirs. The rule suggested in the petition. Comments 2016–0006’’ at the beginning of all
establishes different distributions based received will assist the Director of written comments. We cannot ensure
on whether 25 U.S.C. 2206(a) applies, OSMRE in making the decision whether that comments received after the close
but does not identify trust personalty as to grant or deny the petition. of the comment period (see DATES) or at
a stand-alone category of trust property DATES: The comment period for the locations other than those listed above
for distribution (where there are no land proposed rule published May 20, 2016 (see ADDRESSES) will be included in the
interests in the decedent’s estate or (81 FR 31880) is extended. Electronic or docket or considered in the
within the jurisdiction of any tribe). written comments: We will accept development of a proposed rule.
Revision under consideration: written comments on the petition that Before including your address, phone
• A modification to this regulation are received on or before July 20, 2016. number, or other personal identifying
would provide clear authority for OHA ADDRESSES: You may submit comments information in your comment, you
to order distribution of trust funds when by any of the following methods: should be aware that your entire
there are either no land interests in a Federal eRulemaking Portal: http:// comment—including your personal
decedent’s estate or no land interests www.regulations.gov. The petition has identifying information—may be made
within the jurisdiction of any tribe. been assigned Docket ID: OSM–2016– publicly available at any time. While
Additionally, where the estate contains 0006. Please follow the online you can ask us in your comment to
trust personalty associated with one instructions for submitting comments. withhold your personal identifying
tribe but interests in trust lands Mail/Hand-Delivery/Courier: Office of information from public review, we
associated with another, OHA would Surface Mining Reclamation and cannot guarantee that we will be able to
order the trust personalty distributed to Enforcement, Administrative Record, do so.
the tribe with sufficient nexus to the Room 252 SIB, 1951 Constitution Dated: June 14, 2016.
funds, as determined by the judge, and Avenue NW., Washington, DC 20240. Joseph G. Pizarchik,
the land distributed to the tribe with Please include the Docket ID: OSM–
jurisdiction over those interests. Director, Office of Surface Mining
2016–0006. Reclamation and Enforcement.
Dated: June 8, 2016. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2016–14525 Filed 6–17–16; 8:45 am]
Lawrence S. Roberts, Michael Kuhns, Division of Regulatory BILLING CODE 4310–05–P
Acting Assistant Secretary—Indian Affairs. Support, 1951 Constitution Ave. NW.,
[FR Doc. 2016–14574 Filed 6–17–16; 8:45 am] Washington, DC 20240; Telephone:
BILLING CODE 4337–15–P 202–208–2860; Email: mkuhns@
DEPARTMENT OF EDUCATION
osmre.gov.
SUPPLEMENTARY INFORMATION: On May 34 CFR Chapter II
DEPARTMENT OF THE INTERIOR 20, 2016, we published a notice seeking [Docket ID: ED–2015–OESE–0129; CFDA
comments from the public on the Number: 84.371C.]
Office of Surface Mining Reclamation proposed change specified in the
and Enforcement petition. 81 FR 31880 (May 20, 2016). RIN 1810–AB25
Specifically, the petition requests that
30 CFR Part 800 we amend our self-bonding regulations Proposed Priorities, Requirements,
at 30 CFR 800.23 to ensure that Definitions, and Selection Criteria—
[Docket ID: OSM–2016–0006; S1D1S Striving Readers Comprehensive
SS08011000 SX064A000 167S180110; companies with a history of financial
S2D2S SS08011000 SX064A000 insolvency, and their subsidiary Literacy Program
16XS501520] companies, are not allowed to self-bond AGENCY: Office of Elementary and
coal mining operations. Secondary Education, Department of
Petition To Initiate Rulemaking; The original comment period is Education.
Ensuring That Companies With a scheduled to close on June 20, 2016. ACTION: Proposed priorities,
History of Financial Insolvency, and However, we received a request that we
Their Subsidiary Companies, Are Not requirements, definitions, and selection
extend the comment period to allow
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Allowed To Self-Bond Coal Mining criteria.
additional time to review the petition
Operations and provide informed comments on a SUMMARY: The Assistant Secretary for
AGENCY: Office of Surface Mining complex issue. After reviewing the the Office of Elementary and Secondary
Reclamation and Enforcement, Interior. request, we are extending the deadline Education (Assistant Secretary)
ACTION: Notice; extension of comment for submission of comments by 30 days proposes priorities, requirements,
period. in order to ensure that potentially definitions, and selection criteria under
impacted parties have an adequate the Striving Readers Comprehensive
SUMMARY: We, the Office of Surface opportunity to comment. The comment Literacy (SRCL) program. These
Mining Reclamation and Enforcement period will now close on July 20, 2016. proposed priorities, requirements,
VerDate Sep<11>2014 19:01 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1](https://thefederalregister.org/doc/81_FR_39992/page/2.svg)
Document Created: 2016-06-18 00:09:31
Document Modified: 2016-06-18 00:09:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of Tribal consultation. | |
| Dates | Written comments must be received by August 1, 2016. Please see the SUPPLEMENTARY INFORMATION section of this notice for dates of Tribal consultation sessions. | |
| Contact | Elizabeth Appel, Director, Office of Regulatory Affairs and Collaborative Action, Office of the Assistant Secretary--Indian Affairs; telephone (202) 273-4680, [email protected] | |
| FR Citation | 81 FR 39874 | |
| CFR Citation | 25
CFR
15 43 CFR 30 |
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