82_FR_6277 82 FR 6265 - Recognition of Tribal Organizations for Representation of VA Claimants

82 FR 6265 - Recognition of Tribal Organizations for Representation of VA Claimants

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range6265-6272
FR Document2017-00947

The Department of Veterans Affairs (VA) is amending its regulations concerning recognition of certain national, State, and regional or local organizations for purposes of VA claims representation. Specifically, this rulemaking allows the Secretary to recognize tribal organizations in a similar manner as the Secretary recognizes State organizations. The final rule allows a tribal organization that is established and funded by one or more tribal governments to be recognized for the purpose of providing assistance on VA benefit claims. In addition, the final rule allows an employee of a tribal government to become accredited through a recognized State organization in a similar manner as a County Veterans' Service Officer (CVSO) may become accredited through a recognized State organization. The effect of this action is to address the needs of Native American populations who are geographically isolated from existing recognized Veterans Service Organizations (VSOs) or who may not be utilizing other recognized VSOs due to cultural barriers or lack of familiarity with those organizations.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Rules and Regulations]
[Pages 6265-6272]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00947]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 14

RIN 2900-AP51


Recognition of Tribal Organizations for Representation of VA 
Claimants

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulations concerning recognition of certain national, State, and 
regional or local organizations for purposes of VA claims 
representation. Specifically, this rulemaking allows the Secretary to 
recognize tribal organizations in a similar manner as the Secretary 
recognizes State organizations. The final rule allows a tribal 
organization that is

[[Page 6266]]

established and funded by one or more tribal governments to be 
recognized for the purpose of providing assistance on VA benefit 
claims. In addition, the final rule allows an employee of a tribal 
government to become accredited through a recognized State organization 
in a similar manner as a County Veterans' Service Officer (CVSO) may 
become accredited through a recognized State organization. The effect 
of this action is to address the needs of Native American populations 
who are geographically isolated from existing recognized Veterans 
Service Organizations (VSOs) or who may not be utilizing other 
recognized VSOs due to cultural barriers or lack of familiarity with 
those organizations.

DATES: Effective Date: This rule is effective February 21, 2017.

FOR FURTHER INFORMATION CONTACT: Dana Raffaelli, Staff Attorney, 
Benefits Law Group, Office of the General Counsel (022D), Department of 
Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 
461-7699. (This is not a toll free number.)

SUPPLEMENTARY INFORMATION: On July 20, 2016, VA issued a proposed rule 
to amend part 14 of title 38, Code of Federal Regulations, to provide 
for the recognition of tribal organizations that are established and 
funded by tribal governments so that representatives of the 
organizations may assist Native American veterans and their families in 
the preparation, presentation, and prosecution of their VA benefit 
claims. 81 FR 47087-47094. VA proposed to allow a tribal organization 
that is established and funded by one or more tribal governments to be 
recognized for the purpose of providing assistance on VA benefit 
claims. Id. In addition, VA proposed to allow an employee of a tribal 
government to become accredited through a recognized State organization 
in a similar manner as a CVSO may become accredited through a 
recognized State organization and to extend office space opportunities 
already granted to certain employees of State organizations to 
employees of tribal organizations. Id.
    VA received 17 comments on the proposed rule. Overall, the comments 
were supportive of the proposed rule. A couple of commenters stated 
that they currently meet or will be able to meet the accreditation 
requirements for recognition as a tribal organization. The actual 
requests for recognition of specific tribal organizations are outside 
the scope of this rulemaking. However, VA invites all interested 
organizations or applicants to consider requesting recognition after 
this rulemaking takes effect. Please see VA's accreditation Web site 
for more information on how to request recognition of an organization 
and how to apply to become accredited as a representative through a 
recognized organization or as an attorney or agent, http://www.va.gov/ogc/accreditation.asp. No change is warranted to this rulemaking based 
on these comments.
    A few commenters misinterpreted the proposed rule as meaning that 
VA intended to propose that VA's recognition of a tribal organization 
would be tied to VA's recognition of the corresponding State 
organization. VA is not tying VA recognition of a tribal organization 
to a State. Recognition of a tribal organization will stand on its own. 
After a tribal organization becomes recognized by VA, that organization 
will be able to request to have its own representatives accredited 
under 38 CFR 14.629. Therefore, VA declines to make any changes based 
on these comments.
    One commenter stated that there is no need to restrict a tribal 
government employee to being accredited by either a tribal organization 
or State organization. Although in the proposed rule, we focused much 
of our discussion on how a tribal government employee may be accredited 
through a tribal organization or a State organization, we do not intend 
for this rulemaking to limit the availability of other avenues to 
achieve VA accreditation. There are several ways that individuals, 
including tribal members, tribal government employees, and others who 
work within and serve tribal or Native American communities, may be 
accredited by VA to represent claimants. If an individual does not wish 
to be accredited through a tribal or State organization, the individual 
may seek accreditation through a National or Regional or Local 
organization or seek accreditation in his or her individual capacity as 
either an agent or an attorney under the standards set forth in Sec.  
14.629(b). Therefore, VA declines to make any changes based on this 
comment.
    One commenter asked whether a tribal veterans' service 
representative who worked in multiple states would be required to get 
approval from all of the States in which they work. If the 
representative is accredited through the tribal organization and 
representing claimants on behalf of that organization, then the 
representative would not need to seek any additional accreditation 
through a State organization. If the representative is a tribal 
veterans service officer (TVSO) and the representative's sole 
accreditation status is through a State organization, the 
representative should confer with that State organization to see if the 
State has placed any geographical limits on its accredited 
representatives. VA does not place any geographical or residency 
restrictions or limitations on State or tribal organizations as to who 
may be served by the organization. Therefore, no change is warranted to 
this rulemaking based on this comment.
    A couple of commenters recommended that a tribal organization 
should have the ability to accredit representatives of State 
organizations through the tribal organization as well. A VA-recognized 
tribal organization is welcome to put forth any representatives of its 
choosing for VA accreditation so long as the organization is able to 
certify that the potential representative is of good character and 
reputation, has demonstrated an ability to represent claimants, and is 
a paid employee working no less than 1,000 hours annually. A recognized 
tribal organization may also recommend a potential representative for 
accreditation through the tribal organization by certifying that the 
individual is accredited and functioning as a representative of another 
recognized organization, this is commonly referred to as ``cross-
accreditation.'' See 38 CFR 14.627(j) and 14.629(a). Because we do not 
view this rulemaking as prohibiting State organization representatives 
from being accredited through a tribal organization as well, we do not 
believe that a change is warranted to this rulemaking based on these 
comments.
    One commenter asked if it would be possible for a tribal government 
to have their employees accredited by a tribal organization and State 
organization concurrently. VA does not limit an accredited 
representative to one method of accreditation. Therefore, no change is 
warranted to this rulemaking based on this comment.
    Several commenters appeared to interpret the proposed rule as 
limiting tribal organizations to representation of only veterans who 
are Native American and not their dependents or survivors who may not 
be Native American. It is not VA's intention to limit the type of 
claimants for VA benefits that any accredited organization, attorney, 
or agent may represent. The requirements for accreditation require an 
applying organization to state the number of veterans, survivors, and 
dependents that will be served by the organization. 38 CFR 
14.628(d)(1)(ii)(D). VA makes no changes based on these comments.
    Several commenters also expressed concern over the requirements for 
recognition in Sec.  14.628(d). Specifically, the commenters expressed 
concern that many tribal organizations may not be

[[Page 6267]]

able to satisfy the requirement of having a primary purpose of serving 
veterans, the requirement of a substantial service commitment to 
veterans as shown either by a sizable organizational membership or by 
performance of veterans' services to a sizable number of veterans, or 
requirements concerning funding and training, to include providing the 
required supporting documentation. As stated in the proposed rule, VA 
must ensure that VA accredited organizations can provide long-term, 
competent representation and has found that the Sec.  14.628(d) 
requirements further that objective. These requirements apply to all 
organizations seeking VA recognition. Exempting tribal organizations 
from meeting the Sec.  14.628(d) requirements would not be consistent 
with the purpose of VA recognition to ensure that veterans are 
receiving qualified, competent representation on their VA benefit 
claims. VA has provided additional means to achieve VA recognition or 
accreditation for those tribal governments that may have difficulty 
establishing a tribal organization capable of meeting the Sec.  
14.628(d) requirements, to include the ability for one or more tribal 
governments to establish and fund a tribal organization and the ability 
of an employee of a tribal government to become accredited as a tribal 
veterans' service officer through a recognized State organization. 
Therefore, VA makes no changes based on these comments.
    Several commenters requested that VA further define or quantify 
what would constitute adequate funding and a substantial service 
commitment to veterans either by showing a sizeable organizational 
membership or by showing performance of veterans' services to a 
sizeable number of veterans. VA's purpose is to ensure that VA 
claimants have responsible, qualified representation and the above 
noted requirements serve as an indicator that the organization is 
stable. VA makes these determinations on a case-by-case basis taking 
into consideration all of the evidence of record. VA's goal is to 
ensure that VA claimants have access to the representation that they 
may need, and in order to provide such access, VA needs flexibility to 
make accreditation determinations based on the totality of the 
circumstances. Therefore, VA declines to make any changes based on 
these comments.
    Several commenters requested that funding be made available to 
establish tribal organizations. Section 5902, of title 38, United State 
Code, which is the law that authorizes VA to recognize organizations 
for the purpose of providing assistance on VA benefit claims, does not 
provide for the funding of such organizations to train and maintain 
representatives. Pursuant to Sec.  14.628(d)(iii)(B), organizations are 
not precluded from seeking and receiving other sources of State and 
Federal grant funding so long as the organization's funding is not 
subject to limitations imposed under any Federal grant or law which 
would prevent it from representing claimants before VA. Therefore, VA 
declines to make any changes based on these comments.
    Several commenters suggested further outreach and collaboration. On 
March 3 and 10, 2016, respectively, VA issued letters to tribal leaders 
and a Federal Register notice, 81 FR 12626, seeking comment on VA's 
consideration of issuing a proposed rule that would amend part 14 of 
title 38, Code of Federal Regulations, to expressly provide for the 
recognition of tribal organizations so that representatives of the 
organizations may assist Native American claimants in the preparation, 
presentation, and prosecution of their VA benefit claims. Those 
interested in providing comment were given 30 days to respond. Based on 
requests from commenters, VA expanded the comment period an additional 
15 days to April 26, 2016. VA received comments from 36 commenters. In 
the proposed rule, VA addressed the comments received from the tribal 
consultation and provided an additional 60-day comment period. 81 FR 
47091-47093, July 20, 2016. Therefore, VA finds that it has complied 
with the notice and consultation requirements of the governing 
Executive Orders. See Exec. Order No. 13175, 65 FR 67249-67252, Nov. 9, 
2000; Exec. Order 12866 sec. 6(a), 58 FR 51735, Sept. 30, 1993; Exec. 
Order 13563 sec. 2(b), 76 FR 3821, 3821-22, Jan. 18, 2011.
    One commenter asked VA to include the veterans departments within 
the tribal governments as eligible for VA recognition. A Veterans 
Affairs office or department that is established and funded by a tribal 
government is included in the definition of tribal organization and may 
apply for recognition under the rule. Another commenter requested that 
tribal government be included in the definition of tribal organization. 
A tribal government would not fit the definition of a tribal 
organization because the primary purpose of a tribal government is 
generally much broader than serving the needs of Native American 
veterans. However, the definition of tribal organization allows for a 
tribal government to establish such an organization that will be for 
that specific purpose. In this same way, VA recognizes State 
organizations rather than the State governments themselves. Therefore, 
no change to this rulemaking is warranted based on these comments.
    Another commenter stated that, due to the geographic size of their 
tribal government, it would make sense for it to become its own 
regional council. If the commenter is asserting its intention to apply 
to become a VA accredited organization, VA welcomes all organizations 
to apply once this rulemaking becomes effective. No change is warranted 
to this rulemaking based on this comment.
    One commenter recommended that, regarding tribal government 
approval for tribal organization representation, the approval be 
recognized with a single resolution or other document on behalf of 
member tribal nations. The commenter stated that obtaining resolutions 
from each nation would be administratively burdensome. Pursuant to 
Sec.  14.628, the organization requesting VA accreditation must certify 
to VA that the organization meets the Sec.  14.628(d) requirements for 
recognition. As long as VA receives certification from each tribal 
government approving the tribal organization, VA has no objection to 
the format of the certification being contained in a single resolution 
or document. An example may be that the establishment of the tribal 
organization is contained in one resolution and that resolution is 
signed, or certified, by all of the appropriate officials. VA makes no 
changes based on this comment.
    One commenter asked that VA provide recognition for urban Indian 
organizations or urban Indian health programs. The comment is unclear 
on whether such an organization would be able to apply for VA 
recognition as a tribal organization. VA declines to add an additional 
organization category at this time. In addition to the amendments 
discussed in this rulemaking, an organization may still utilize other 
avenues to apply for VA recognition such as requesting VA recognition 
as a regional or local organization. To be recognized as a regional or 
local organization, an organization must meet the requirements of Sec.  
14.628(c) and (d).
    The same commenter asked that employees of urban Indian 
organizations or urban Indian health programs be recognized as 
accredited representatives. An individual may apply for accreditation 
as a representative through a VA-recognized organization under 
standards set forth in Sec.  14.629(a). Alternatively, an individual 
may also seek accreditation in an individual capacity as either an

[[Page 6268]]

agent or an attorney under the standards set forth in Sec.  14.629(b). 
The commenter also asked that the requirement for tribal veterans' 
service officers to work 1,000 hours annually be eliminated or lowered. 
The same hour requirements apply to county veterans' service officers 
being recommended for accreditation by a State and will, under this 
rule, apply to tribal veterans' service officers being accredited by a 
State. As explained in the proposed rule, VA prescribed these criteria 
in order to ensure adequate training and fitness to serve as a VA 
accredited representative. VA declines to make any changes based on 
these comments.
    One commenter asked VA to require culturally sensitive training for 
TVSOs. Section 14.628(d)(1)(v)(B) requires that a request for 
recognition of an organization include a plan for recruiting and 
training the organization's representatives. In addition, with regard 
to TVSOs, the organization's certifying official must certify that the 
TVSO is a paid employee of the tribal government working no less than 
1,000 hours annually, has successfully completed a course of training 
and examination approved by VA, and that the TVSO will receive regular 
supervision or annual training to assure the TVSO continues to be 
qualified to represent claimants. 38 CFR 14.629(a)(2)(i)-(iii). The 
testing or training for TVSOs may include topics such as cultural 
sensitivity training at the discretion of the organization. VA declines 
to add a cultural sensitivity training requirement as we believe each 
organization would be the best judge of the need for cultural 
sensitivity training for its own representatives. In addition, such an 
addition would not be a logical outgrowth of the proposed rule. 
Therefore, VA makes no changes based on this comment.
    One commenter stated that, with regard to the Paperwork Reduction 
Act (PRA) requirements, VA had underestimated the number of applicants/
respondents that would apply to become an accredited tribal 
organization. However, the commenter did not provide a number of how 
many applicants/respondents they thought VA would receive. VA notified 
the Office of Management and Budget (OMB) of the commenter's concern 
and amended its PRA submission to double the number of applicants/
respondents from 5 to 10 per year.
    One commenter asked to what extent OMB was involved in the 
formulation of this rule. Executive Order 12866, 58 FR 51735, requires 
that OMB, specifically the Office of Information and Regulatory 
Affairs, review regulations before they are submitted for publication 
in the Federal Register. VA submitted the proposed rule and required 
supporting documents prior to the publication of the proposed rule and 
will comply with the requirements of the Executive Order in issuing 
this final rule. No change to this rulemaking is warranted based on 
this comment.
    One commenter asked to what extent VA believes that all States 
would support this rulemaking. VA has not received any adverse comments 
from States on this rulemaking. As previously stated, recognition of a 
tribal organization is not tied to a State organization. No change to 
this rulemaking is warranted based on this comment.
    One commenter asked what support VA could provide to tribes that do 
not have enough veterans per capita to participate in the process 
outlined to coordinate their activities with States or county veterans' 
service organizations while respecting a tribe's sovereign authority. 
It is unclear whether the commenter is requesting that VA waive certain 
accreditation requirements. As previously discussed, VA cannot waive 
the requirements for accreditation for any organization. A tribe that 
is unable to establish an organization that is capable of meeting the 
requirements to be recognized as a tribal organization may be able to 
have its members apply to become accredited in their individual 
capacity as claims agents or attorneys or as representatives through 
another VA-recognized organization. VA makes no changes based on this 
comment.
    One commenter said that educational benefits should be allowed to 
be used at tribal colleges and universities. This comment is outside 
the scope of this rulemaking. Therefore, no change is warranted based 
on this comment.
    Finally, VA is correcting a grammatical error in proposed Sec.  
14.628(b)(2). In the third sentence, VA mistakenly referred to 
``tgovernment'' when the correct reference should have been to ``tribal 
government.'' VA is correcting this error in this rulemaking.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (at 44 U.S.C. 3507) requires 
that VA consider the impact of paperwork and other information 
collection burdens imposed on the public. Under 44 U.S.C. 3507(a), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid OMB control number. See also 5 CFR 1320.8(b)(3)(vi).
    This final rule will impose the following new information 
collection requirements. The collection of information in 38 CFR 14.628 
requires organizations seeking VA accreditation under Sec.  14.628 to 
submit certain documentation to certify that the organization meets the 
requirements for VA accreditation. Pursuant to Sec.  14.628(d), an 
organization requesting recognition must have as a primary purpose 
serving veterans. In establishing that it meets this requirement, an 
organization requesting recognition shall submit a statement 
establishing the purpose of the organization and that veterans would 
benefit by recognition of the organization.
    The organization must also demonstrate a substantial service 
commitment to veterans either by showing a sizable organizational 
membership or by showing performance of veterans' services to a sizable 
number of veterans. In establishing that it meets this requirement, an 
organization requesting recognition shall submit: The number of members 
and number of posts, chapters, or offices and their addresses; a copy 
of the articles of incorporation, constitution, charter, and bylaws of 
the organization, as appropriate; a description of the services 
performed or to be performed in connection with programs administered 
by VA, with an approximation of the number of veterans, survivors, and 
dependents served or to be served by the organization in each type of 
service designated; and a description of the type of services, if any, 
performed in connection with other Federal and State programs which are 
designed to assist former Armed Forces personnel and their dependents, 
with an approximation of the number of veterans, survivors, and 
dependents served by the organization under each program designated.
    An organization requesting recognition must commit a significant 
portion of its assets to veterans' services and have adequate funding 
to properly perform those services. In establishing that it meets this 
requirement, an organization requesting recognition shall submit: A 
copy of the last financial statement of the organization indicating the 
amount of funds allocated for conducting particular veterans' services 
(VA may, in cases where it deems necessary, require an audited 
financial statement); and a statement indicating that use of the 
organization's funding is not subject to limitations imposed under any 
Federal grant or law which would prevent it from representing claimants 
before VA.

[[Page 6269]]

    An organization requesting recognition must maintain a policy and 
capability of providing complete claims service to each claimant 
requesting representation or give written notice of any limitation in 
its claims service with advice concerning the availability of 
alternative sources of claims service. In establishing that it meets 
this requirement, an organization requesting recognition shall submit 
evidence of its capability to represent claimants before VA regional 
offices and before the Board of Veterans' Appeals. If an organization 
does not intend to represent claimants before the Board of Veterans' 
Appeals, the organization shall submit evidence of an association or 
agreement with a recognized service organization for the purpose of 
representation before the Board of Veterans' Appeals, or the proposed 
method of informing claimants of the limitations in service that can be 
provided, with advice concerning the availability of alternative 
sources of claims service. If an organization does not intend to 
represent each claimant requesting assistance, the organization shall 
submit a statement of its policy concerning the selection of claimants 
and the proposed method of informing claimants of this policy, with 
advice concerning the availability of alternative sources of claims 
service.
    An organization requesting recognition must take affirmative 
action, including training and monitoring of accredited 
representatives, to ensure proper handling of claims. In establishing 
that it meets this requirement, an organization requesting recognition 
shall submit: A statement of the skills, training, and other 
qualifications of current paid or volunteer staff personnel for 
handling veterans' claims; and a plan for recruiting and training 
qualified claim representatives, including the number of hours of 
formal classroom instruction, the subjects to be taught, the period of 
on-the-job training, a schedule or timetable for training, the 
projected number of trainees for the first year, and the name(s) and 
qualifications of the individual(s) primarily responsible for the 
training.
    In addition, the organization requesting recognition shall supply: 
A statement that neither the organization nor its accredited 
representatives will charge or accept a fee or gratuity for service to 
a claimant and that the organization will not represent to the public 
that VA recognition of the organization is for any purpose other than 
claimant representation; and the names, titles, and addresses of 
officers and the official(s) authorized to certify representatives.
    As required by the Paperwork Reduction Act of 1995 (at 44 U.S.C. 
3507(d)), VA has submitted this information collection to OMB for its 
review. OMB approved these new information collection requirements 
associated with the final rule and assigned OMB control number 2900-
0850.

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. It does not require any action on the part of any entity but 
merely provides a new opportunity for tribal organizations to become 
recognized by VA for the purpose of assisting VA claimants in the 
preparation, presentation, and prosecution of claims for VA benefits. 
Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from 
the final regulatory flexibility analysis requirements of section 604.

Executive Order 13175

    Executive Order 13175 provides that Federal agencies may not issue 
a regulation that has tribal implications, that imposes substantial 
direct compliance costs on tribal governments, and that is not required 
by statute, unless the Federal government provides the funds necessary 
to pay the direct compliance costs incurred by the tribal governments 
or the Federal agency consults with tribal officials early in the 
process of developing the proposed regulation, develops and publishes 
in the Federal Register a tribal summary impact statement, and provides 
to the Director of OMB any written communications submitted to the 
agency by the tribal officials.
    On March 3 and 10, 2016, respectively, VA issued letters to tribal 
leaders and a Federal Register notice, 81 FR 12626, seeking comment on 
VA's consideration of issuing a proposed rule that would amend part 14 
of title 38, Code of Federal Regulations, to expressly provide for the 
recognition of tribal organizations so that representatives of the 
organizations may assist Native American claimants in the preparation, 
presentation, and prosecution of their VA benefit claims. Those 
interested in providing comment were given 30-days to respond. Based on 
requests from commenters, VA expanded the comment period an additional 
15 days to April 26, 2016. VA received comments from a total of 37 
commenters. VA addressed 36 of those comments in the proposed rule. 81 
FR 47087, 47091-47093. During the drafting of the final rule, VA 
discovered one additional comment submitted in response to the tribal 
consultation. Therefore, VA is addressing the additional comment and 
republishing VA's responses to the other comments in this final rule.
    One commenter asked if tribal organizations, since they are 
sovereign nations, would work with their local VA regional offices to 
include submitting claims through their respective regional offices. 
VA-recognized tribal organizations will be responsible for providing 
representation on behalf of their clients in the same manner as all 
other VA-recognized organizations, which often includes filing claims 
and evidence in support of their client's claims with the appropriate 
regional office. For TVSO's whose sole accreditation is through a State 
organization, VA defers to the State organization on their procedures 
for submitting claims and evidence to VA. No change is warranted to 
this rulemaking based on this comment.
    The same commenter asked if tribal organizations will ``commit to 
annual/routine training [for their] veterans service officers.'' Part 
of the Sec.  14.628(d) requirements is that an organization seeking 
accreditation must ``[t]ake affirmative action, including training and 
monitoring of accredited representatives, to ensure proper handling of 
claims.'' 38 CFR 14.628(d)(1)(v). When an organization applies for VA 
accreditation, the organization must include a plan for recruiting and 
training the organization's representatives. 38 CFR 14.628(d)(1)(v)(B). 
No change is warranted to this rulemaking based on this comment.
    One commenter wrote that, currently, their tribal representatives 
are being accredited through their State as well as other national 
organizations and was curious as to the ``road blocks'' other tribal 
organizations were facing. This commenter did not provide any 
suggestions, and therefore, no change to this rulemaking is warranted.
    Several commenters noted that currently Native American veterans 
face many roadblocks to obtaining representation. One commenter noted 
that geography, economic, and culture barriers prevent Native American 
veterans from utilizing currently available representation. These 
comments were offered in support of the rulemaking, and therefore, no 
change is warranted.

[[Page 6270]]

    A few commenters misinterpreted the language provided in the 
consultation and notice as meaning that VA intended that VA's 
recognition of a tribal organization would be tied to VA's recognition 
of the corresponding State organization. One commenter stated that VA 
should recognize a tribal organization as ``equal to'' a State 
organization. VA is not tying VA recognition of a tribal organization 
to a State and is choosing not to make value judgements as to the 
importance of the recognition granted to State organizations and Tribal 
organizations. Recognition of a tribal organization will stand on its 
own. VA has chosen to use the term similar rather than the term equal 
in this rule because there are some differences in the requirements for 
VA recognition of a tribal organization and the requirements for State 
organizations. Specifically, the rule will allow a single tribal 
government, or multiple tribal governments to join together to 
establish and fund a tribal organization, but such allowance is not 
permitted for State governments.
    A few commenters misinterpreted the language provided in the 
consultation and notice as limiting recognition of a tribal veterans' 
service officer through a State. One commenter asked for clarification 
on what type of employees would be eligible to become accredited by VA. 
The commenter stated that employees of a tribal nation as well as a 
tribal organization should be eligible. We agree, and the final rule 
allows for both avenues to attain VA accreditation depending on the 
tribal government's size, relationships with other tribal governments, 
relationships with States, and the needs of Native American veterans in 
their area. After a tribal organization becomes recognized by VA, that 
organization will be able to request to have its own representatives 
accredited under 38 CFR 14.629. In addition to recognizing tribal 
organizations and accredit their representatives, VA provides an 
additional means by which VA may recognize an employee of a tribal 
government as a tribal veterans' service officer through a State 
organization. This accreditation is akin to accreditation given to 
county veterans' service officers through State organizations and is 
only meant to provide an additional path to VA accreditation. The 
requirements for a tribal veterans' service officer to become 
accredited as a representative through a State organization be the same 
as the requirements for a county veterans' service officer. Therefore, 
VA makes no changes based on these comments.
    One commenter asked what happens to the accreditation of a tribal 
organization if the Director is relinquished. It seems this comment 
stems from the misinterpretation previously discussed regarding the 
accreditation of a tribal organization and the corresponding State 
organization. The commenter also asked what happens if the State 
refuses to sponsor the replacement officer. As discussed above, once a 
tribal organization becomes recognized by VA, that organization can 
request to have its own representatives accredited under Sec.  14.629. 
The tribal organization can file with VA to have a replacement officer 
accredited. Therefore, VA makes no changes based on this comment.
    Several commenters also expressed concern over the requirements for 
recognition in Sec.  14.628(d). Specifically, the commenters expressed 
concern that many tribal organizations may not be able to satisfy the 
primary purpose, size, funding, and training requirements, to include 
providing the required, supporting documentation. One commenter 
suggested that VA provide the funding for tribes ``to engage in this 
work.'' Another commenter suggested including Indian Health Services 
for funding assistance. A few commenters expressed concern about the 
requirement that the organization must maintain a policy of either 
providing complete claims representation or provide ``written notice of 
any limitation in its claims service with advice concerning the 
availability of alternative sources of claims service.'' 38 CFR 
14.628(d)(1)(iv). One commenter seemed to believe VA was questioning 
the level of competence of tribal representatives. VA must ensure that 
VA accredited organizations can provide long-term, competent 
representation and has found that the Sec.  14.628(d) requirements are 
protective of that mission. These requirements apply to all 
organizations seeking VA recognition. Exempting tribal organizations 
from meeting the Sec.  14.628(d) requirements is not consistent with 
the purpose of VA recognition to ensure that veterans are receiving 
qualified, competent representation on their VA benefit claims. As 
previously discussed, VA has provided additional means to achieve VA 
recognition or accreditation for those tribal governments that may have 
difficulty establishing a tribal organization capable of meeting the 
Sec.  14.628(d) requirements, to include the ability for one or more 
tribal governments to establish and fund a tribal organization and the 
ability of an employee of a tribal government to become accredited as a 
tribal veterans' service officer through a recognized State 
organization. Therefore, VA makes no changes based on these comments.
    One commenter suggested that VA grant accreditation to tribes 
through a Memorandum of Understanding and included their tribe's 
Memorandum of Understanding with their State. The commenter also 
questioned the role of VA in the accreditation and monitoring process. 
The laws governing VA accreditation are set out at 38 U.S.C. 5902 and 
5904 and 38 CFR 14.626-14.637. These laws apply to all organizations, 
agents, and attorneys seeking VA accreditation. Pursuant to Sec.  
14.628, the organization requesting VA accreditation must certify to VA 
that the organization meets the Sec.  14.628(d) requirements for 
recognition. Therefore, a Memorandum of Understanding between VA and a 
tribe is not sufficient for applying for VA accreditation. Furthermore, 
VA does monitor its accredited organizations, agents, and attorneys and 
handles disciplinary matters as they arise. Therefore, VA makes no 
changes based on this comment.
    One commenter suggested that VA engage in additional consultation 
with Tribes that would be ``interested in becoming recognized 
veterans['] service organizations, but are unable to meet the 
requirements.'' In this rule, VA offers alternative avenues for VA 
recognition and accreditation for tribal governments that may not be 
capable of establishing an organization that can meet the VA 
recognition requirements in the rule on their own. VA declines to make 
any changes based on this comment.
    One commenter also recommended that ``VA enter into Memorandums of 
Understanding with [F]ederally-recognized tribes and tribal 
organizations for [v]eterans' [s]ervice [o]fficer training and service 
reimbursement, on individual bases.'' Another commenter objected to the 
fact that there was ``no mention of funding to train and maintain such 
a position.'' Section 5902, of title 38, United State Code, which is 
the law that authorizes VA to recognize organizations for the purpose 
of providing assistance on VA benefit claims, does not provide for the 
funding of such organizations to train and maintain representatives. 
Pursuant to Sec.  14.628(d)(iii)(B), organizations are not precluded 
from seeking and receiving other sources of State and Federal grant 
funding so long as the organization's funding is not subject to 
limitations imposed under any Federal grant or law which would prevent 
it from representing claimants before VA.

[[Page 6271]]

Therefore, VA declines to make any changes based on these comments.
    One commenter wrote that VA ``. . . should include [F]ederally-
recognized tribes, not just tribal organizations funded by tribal 
governments, as an entity from which applications will be considered to 
be recognized for . . .'' VA accreditation. Another commenter suggested 
adding ``[F]ederally recognized tribes'' or ``[F]ederally recognized 
tribal governments'' as part of the definition for tribal 
organizations. Another commenter suggested adding tribal communities. 
For the purposes of the regulations pertaining to the representation of 
VA claimants, VA defines a tribal government to mean ``the Federally 
recognized governing body of any Indian tribe, band, nation, or other 
organized group or community. . .''. VA finds this definition to be 
inclusive of the comments, and therefore, no change is warranted.
    One commenter suggested a legislative amendment to the definition 
of State in 38 U.S.C. 101(20) to include ``[F]ederally recognized 
tribal governments.'' Amending the statutory language is something that 
only Congress can accomplish. Since VA is defining the term ``tribal 
government'' in regulation and providing an avenue for VA recognition 
of a tribal organization separate from a State organization, VA does 
not find such a legislative amendment necessary. Therefore, no change 
is warranted based on this comment.
    Several commenters wrote that ``[s]pecial attention must be paid to 
what specifically is meant by a `[t]ribal [o]rganization' '' and that 
VA should offer a clear definition of the term. The commenters did not 
offer any suggestions for such definition. As previously discussed, VA 
is defining this term for the purposes of this rulemaking. Therefore, 
VA does not make any changes based on this comment.
    Several commenters asked VA to clarify whether tribal governments, 
including veterans departments within these governments, would be 
eligible for VA recognition. A Department of Veterans Affairs or a 
Veterans Affairs office that is established and funded by a tribal 
government is included in the definition of tribal organization. 
Therefore, no change to this rulemaking is warranted based on these 
comments.
    One commenter asked that VA provide recognition for urban Indian 
organizations. The comment is unclear on whether such an organization 
would be able to apply for VA recognition as a tribal organization. VA 
declines to add an additional organization category at this time. In 
addition to the amendments discussed in this rulemaking, an 
organization may still utilize other avenues to apply for VA 
recognition such as requesting VA recognition as a regional or local 
organization. To be recognized as a regional or local organization, an 
organization must meet the requirements of Sec.  14.628(c) and (d).
    Further, there are several ways that individuals, including tribal 
members, tribal government employees, and others who work within and 
serve tribal or Native American communities, may be accredited by VA to 
represent claimants. An individual may apply for accreditation as a 
representative through an existing VA-recognized organization under 
standards set forth in Sec.  14.629(a). Alternatively, an individual 
may also seek accreditation in an individual capacity as either an 
agent or an attorney under the standards set forth in Sec.  14.629(b). 
Therefore, VA declines to make any changes based on this comment.
    A couple of commenters submitted statements certifying that their 
organization would meet the requirements for accreditation for a tribal 
organization. Applications for accreditation are outside the scope of 
this rulemaking. Therefore, no change is warranted based on these 
comments.
    One commenter asked whether accredited tribal representatives would 
be granted access to software programs containing a veteran's claims 
file information and whether that access would be on tribal grounds. 
This issue is outside the scope of this rulemaking. Therefore, no 
change is warranted based on this comment.
    One commenter expressed support for VA recognizing tribal 
organizations in an equal manner as VA recognizes State organizations 
but suggested that VA authorize a field office close to tribal 
administration locations and fund one or two veterans service officer 
positions. The tribal consultation and this rulemaking are limited in 
scope to recognition for purposes of VA claims representation. The 
commenter's suggestion of adding a field office is beyond the scope, 
and therefore, VA declines to make any changes based on this comment. 
VA also declines to make any changes to the commenter's suggestion of 
funding job positions for veterans service officers. Part of the Sec.  
14.628(d) requirements is that an organization seeking accreditation 
must commit a significant portion of its assets to veterans' services 
and have adequate funding to properly perform those services. 38 CFR 
14.628(d)(1)(iii).
    A few commenters expressed concern that the rulemaking is limiting 
VA recognition for the preparation, presentation, and prosecution of 
claims for VA benefits. One commenter seemed to think VA is depriving 
veterans from other title 38 benefits. The commenters did not specify 
what other accreditation they are seeking. As previously discussed, the 
relevant regulations in 38 CFR part 14 are to recognizing organizations 
and accrediting individuals to assist in the preparation, presentation, 
and prosecution of VA benefit claims. Pursuant to section 5902, VA 
accreditation may not be granted for any other purpose. This rulemaking 
in no way deprives any veteran of any title 38 benefits. Therefore, no 
change is warranted based on these comments.
    One commenter suggested that office space opportunities should be 
available to tribal governments and organizations in the same manner as 
they are available to State organizations. As previously discussed, 
this rule will, under Sec.  14.635, allow the Secretary to furnish 
office space and facilities, when available, to both State and tribal 
organization employees who are also accredited to national 
organizations for the purpose of assisting claimants in the 
preparation, presentation, and prosecution of claims for benefits. VA 
will be furnishing office space to tribal organizations in the same 
manner as it furnishes such space to State organizations. Therefore, no 
change is warranted based on this comment.
    One commenter noted that VA should allow a tribal government 
employee to become accredited through an accredited body of their 
choice. VA in no way is limiting how a particular individual may apply 
to become an accredited VA representative. As previously discussed, VA 
is merely providing additional paths to VA accreditation than currently 
exist. Therefore, VA declines to make any changes to this rulemaking 
based on this comment.
    Several commenters suggested further outreach and collaboration. 
One commenter suggested that VA form a tribal workgroup to allow 
representatives from tribal organizations to collaborate on 
implementing the new program. One commenter provided VA with their 
tribal consultation policy. Other commenters suggested that VA engage 
in additional consultation with experts in Indian law and hold an all-
tribes call to gather additional input for this rulemaking. VA 
appreciates this information. As previously noted, VA extended the 
comment period for an additional 15 days to ensure that all interested 
parties had an appropriate

[[Page 6272]]

time to provide input. Therefore, VA finds that it has complied with 
the requirements of Executive Order 13175. VA also provided an 
additional 60-day comment period for the proposed rule.
    One commenter asked for the projected implementation date of this 
rulemaking. The dates section of this final rule contains the effective 
date of the rulemaking.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action'' requiring review by OMB, unless OMB 
waives such review, as ``any regulatory action that is likely to result 
in a rule that may: (1) Have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities; (2) Create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations or recipients 
thereof; or (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of this rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for ``VA 
Regulations Published From FY 2004 Through Fiscal Year to Date.''

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    There are no Catalog of Federal Domestic Assistance programs 
numbers and titles associated with this final rule.

List of Subjects in 38 CFR Part 14

    Administrative practice and procedure, Claims, Courts, Foreign 
relations, Government employees, Lawyers, Legal services, Organization 
and functions (Government agencies), Reporting and recordkeeping 
requirements, Surety bonds, Trusts and trustees, Veterans.

    For the reasons set out in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 14 as follows:

PART 14--LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS

0
1. The authority citation for part 14 continues to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 2671-2680; 38 U.S.C. 501(a), 
512, 515, 5502, 5901-5905; 28 CFR part 14, appendix to part 14, 
unless otherwise noted.


0
2. Amend Sec.  14.627 by adding paragraph (r) to read as follows:


Sec.  14.627  Definitions.

* * * * *
    (r) Tribal government means the Federally recognized governing body 
of any Indian tribe, band, nation, or other organized group or 
community, including any Alaska Native village or Regional or Village 
Corporation as defined in or established pursuant to the Alaska Native 
Claims Settlement Act, which is recognized as eligible for the special 
programs and services provided by the United States to Indians because 
of their status as Indians.
* * * * *

0
3. Amend Sec.  14.628 by:
0
a. Designating paragraph (b) as paragraph (b)(1) and adding paragraph 
(b)(2); and
0
b. In the OMB approval parenthetical at the end of the section, 
removing ``2900-0439'' and adding, in its place, ``2900-0850''.
    The addition reads as follows:


Sec.  14.628  Recognition of organizations.

* * * * *
    (b) * * *
    (2) Tribal organization. For the purposes of 38 CFR 14.626 through 
14.637, an organization that is a legally established organization that 
is primarily funded and controlled, sanctioned, or chartered by one or 
more tribal governments and that has a primary purpose of serving the 
needs of Native American veterans. Only one tribal organization may be 
recognized for each tribal government. If a tribal organization is 
created and funded by more than one tribal government, the approval of 
each tribal government must be obtained prior to applying for VA 
recognition. If one of the supporting tribal governments withdraws from 
the tribal organization, the tribal organization must notify VA of the 
withdrawal and certify that the tribal organization continues to meet 
the recognition requirements in paragraph (d) of this section.
* * * * *


Sec.  14.629  [Amended]

0
 4. Amend Sec.  14.629 by:
0
 a. In paragraph (a)(2) introductory text, removing ``county veteran's 
service officer'' and adding in its place ``county veterans' service 
officer'';
0
 b. In paragraph (a)(2) introductory text, adding ``or tribal veterans' 
service officer'' immediately following ``county veterans' service 
officer''; and
0
 c. In paragraph (a)(2)(i), adding ``or tribal government'' immediately 
following ``county''.


Sec.  14.635  [Amended]

0
 5. Amend Sec.  14.635 by adding, in the introductory paragraph, ``or 
tribal'' immediately following ``State''.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on January 11, 2017, for publication.

    Dated: January 11, 2017.
Jeffrey Martin,
Office Program Manager, Office of Regulation Policy & Management, 
Office of the Secretary, Department of Veterans Affairs.
[FR Doc. 2017-00947 Filed 1-18-17; 8:45 am]
 BILLING CODE 8320-01-P



                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                                6265

                                                  significant for purposes of Executive                   and tribal governments, in the aggregate,              examination of the affidavit or
                                                  Order 12866 (Sept. 30, 1993).                           of 100 million dollars (as adjusted) or                declaration under section 8 of the Act or
                                                     Executive Order 13563 (Improving                     more in any one year, or a Federal                     for the Office to assess and promote the
                                                  Regulation and Regulatory Review): The                  private sector mandate that will result                accuracy and integrity of the register.
                                                  USPTO has complied with Executive                       in the expenditure by the private sector               *     *     *     *     *
                                                  Order 13563 (Jan. 18, 2011).                            of 100 million dollars (as adjusted) or
                                                  Specifically, the USPTO has, to the                     more in any one year, and will not                     PART 7—RULES OF PRACTICE IN
                                                  extent feasible and applicable: (1) Made                significantly or uniquely affect small                 FILINGS PURSUANT TO THE
                                                  a reasoned determination that the                       governments. Therefore, no actions are                 PROTOCOL RELATING TO THE
                                                  benefits justify the costs of the rule                  necessary under the provisions of the                  MADRID AGREEMENT CONCERNING
                                                  changes; (2) tailored the rules to impose               Unfunded Mandates Reform Act of                        THE INTERNATIONAL REGISTRATION
                                                  the least burden on society consistent                  1995. See 2 U.S.C. 1501 et seq.                        OF MARKS
                                                  with obtaining the regulatory objectives;                  Paperwork Reduction Act: This
                                                  (3) selected a regulatory approach that                 rulemaking involves information                        ■ 3. The authority citation for 37 CFR
                                                  maximizes net benefits; (4) specified                   collection requirements that are subject               part 7 continues to read as follows:
                                                  performance objectives; (5) identified                  to review by the Office of Management                    Authority: 15 U.S.C. 1123, 35 U.S.C. 2,
                                                  and assessed available alternatives; (6)                and Budget (OMB) under the Paperwork                   unless otherwise noted.
                                                  provided the public with a meaningful                   Reduction Act of 1995 (44 U.S.C. 3501
                                                  opportunity to participate in the                                                                              ■ 4. Amend § 7.37 by revising paragraph
                                                                                                          et seq.). The collection of information                (h) to read as follows:
                                                  regulatory process, including soliciting                involved in this rulemaking has been
                                                  the views of those likely affected prior                reviewed and previously approved by                    § 7.37 Requirements for a complete
                                                  to issuing a notice of proposed                         OMB under control numbers 0651–0051                    affidavit or declaration of use in commerce
                                                  rulemaking, and provided on-line access                 and 0651–0055.                                         or excusable nonuse.
                                                  to the rulemaking docket; (7) attempted                    Notwithstanding any other provision                 *      *    *     *     *
                                                  to promote coordination, simplification,                of law, no person is required to respond                  (h) The Office may require the holder
                                                  and harmonization across government                     to nor shall a person be subject to a                  to furnish such information, exhibits,
                                                  agencies and identified goals designed                  penalty for failure to comply with a                   affidavits or declarations, and such
                                                  to promote innovation; (8) considered                   collection of information subject to the               additional specimens as may be
                                                  approaches that reduce burdens and                      requirements of the Paperwork                          reasonably necessary to the proper
                                                  maintain flexibility and freedom of                     Reduction Act unless that collection of                examination of the affidavit or
                                                  choice for the public; and (9) ensured                  information displays a currently valid                 declaration under section 71 of the Act
                                                  the objectivity of scientific and                       OMB control number.                                    or for the Office to assess and promote
                                                  technological information and                                                                                  the accuracy and integrity of the
                                                  processes, to the extent applicable.                    List of Subjects
                                                                                                                                                                 register.
                                                     Executive Order 13132 (Federalism):
                                                                                                          37 CFR Part 2                                          *      *    *     *     *
                                                  This rulemaking does not contain
                                                  policies with federalism implications                     Administrative practice and                            Dated: January 5, 2017.
                                                  sufficient to warrant preparation of a                  procedure, Trademarks.                                 Russell Slifer,
                                                  Federalism Assessment under Executive                   37 CFR Part 7                                          Deputy Under Secretary of Commerce for
                                                  Order 13132 (Aug. 4, 1999).                                                                                    Intellectual Property and Deputy Director of
                                                     Congressional Review Act: Under the                    Administrative practice and                          the United States Patent and Trademark
                                                  Congressional Review Act provisions of                  procedure, Trademarks, International                   Office.
                                                  the Small Business Regulatory                           registration.                                          [FR Doc. 2017–00317 Filed 1–18–17; 8:45 am]
                                                  Enforcement Fairness Act of 1996 (5                       For the reasons stated in the preamble               BILLING CODE 3510–16–P
                                                  U.S.C. 801 et seq.), prior to issuing any               and under the authority contained in 15
                                                  final rule, the USPTO will submit a                     U.S.C. 1123 and 35 U.S.C. 2, as
                                                  report containing the final rule and                    amended, the USPTO amends parts 2                      DEPARTMENT OF VETERANS
                                                  other required information to the United                and 7 of title 37 as follows:                          AFFAIRS
                                                  States Senate, the United States House
                                                  of Representatives, and the Comptroller                 PART 2—RULES OF PRACTICE IN                            38 CFR Part 14
                                                  General of the Government                               TRADEMARK CASES
                                                  Accountability Office. The changes in                                                                          RIN 2900–AP51
                                                  this notice are not expected to result in               ■ 1. The authority citation for 37 CFR
                                                                                                          part 2 continues to read as follows:                   Recognition of Tribal Organizations for
                                                  an annual effect on the economy of 100                                                                         Representation of VA Claimants
                                                  million dollars or more, a major increase                 Authority: 15 U.S.C. 1113, 15 U.S.C. 1123,
                                                  in costs or prices, or significant adverse              35 U.S.C. 2, Section 10 of Pub. L. 112–29,             AGENCY:    Department of Veterans Affairs.
                                                  effects on competition, employment,                     unless otherwise noted.                                ACTION:   Final rule.
                                                  investment, productivity, innovation, or                ■ 2. Amend § 2.161 by revising
                                                  the ability of United States-based                      paragraph (h) to read as follows:                      SUMMARY:   The Department of Veterans
                                                  enterprises to compete with foreign-                                                                           Affairs (VA) is amending its regulations
                                                  based enterprises in domestic and                       § 2.161 Requirements for a complete                    concerning recognition of certain
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  export markets. Therefore, this notice is               affidavit or declaration of continued use or           national, State, and regional or local
                                                  not expected to result in a ‘‘major rule’’              excusable nonuse.                                      organizations for purposes of VA claims
                                                  as defined in 5 U.S.C. 804(2).                          *      *    *     *     *                              representation. Specifically, this
                                                     Unfunded Mandates Reform Act of                         (h) The Office may require the owner                rulemaking allows the Secretary to
                                                  1995: The changes set forth in this                     to furnish such information, exhibits,                 recognize tribal organizations in a
                                                  rulemaking do not involve a Federal                     affidavits or declarations, and such                   similar manner as the Secretary
                                                  intergovernmental mandate that will                     additional specimens as may be                         recognizes State organizations. The final
                                                  result in the expenditure by State, local,              reasonably necessary to the proper                     rule allows a tribal organization that is


                                             VerDate Sep<11>2014   20:34 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00069   Fmt 4700   Sfmt 4700   E:\FR\FM\19JAR1.SGM   19JAR1


                                                  6266             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                  established and funded by one or more                   Web site for more information on how                   placed any geographical limits on its
                                                  tribal governments to be recognized for                 to request recognition of an organization              accredited representatives. VA does not
                                                  the purpose of providing assistance on                  and how to apply to become accredited                  place any geographical or residency
                                                  VA benefit claims. In addition, the final               as a representative through a recognized               restrictions or limitations on State or
                                                  rule allows an employee of a tribal                     organization or as an attorney or agent,               tribal organizations as to who may be
                                                  government to become accredited                         http://www.va.gov/ogc/                                 served by the organization. Therefore,
                                                  through a recognized State organization                 accreditation.asp. No change is                        no change is warranted to this
                                                  in a similar manner as a County                         warranted to this rulemaking based on                  rulemaking based on this comment.
                                                  Veterans’ Service Officer (CVSO) may                    these comments.                                           A couple of commenters
                                                  become accredited through a recognized                     A few commenters misinterpreted the                 recommended that a tribal organization
                                                  State organization. The effect of this                  proposed rule as meaning that VA                       should have the ability to accredit
                                                  action is to address the needs of Native                intended to propose that VA’s                          representatives of State organizations
                                                  American populations who are                            recognition of a tribal organization                   through the tribal organization as well.
                                                  geographically isolated from existing                   would be tied to VA’s recognition of the               A VA-recognized tribal organization is
                                                  recognized Veterans Service                             corresponding State organization. VA is                welcome to put forth any
                                                  Organizations (VSOs) or who may not                     not tying VA recognition of a tribal                   representatives of its choosing for VA
                                                  be utilizing other recognized VSOs due                  organization to a State. Recognition of a              accreditation so long as the organization
                                                  to cultural barriers or lack of familiarity             tribal organization will stand on its                  is able to certify that the potential
                                                  with those organizations.                               own. After a tribal organization becomes               representative is of good character and
                                                  DATES: Effective Date: This rule is                     recognized by VA, that organization will               reputation, has demonstrated an ability
                                                  effective February 21, 2017.                            be able to request to have its own                     to represent claimants, and is a paid
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          representatives accredited under 38 CFR                employee working no less than 1,000
                                                                                                          14.629. Therefore, VA declines to make                 hours annually. A recognized tribal
                                                  Dana Raffaelli, Staff Attorney, Benefits
                                                                                                          any changes based on these comments.                   organization may also recommend a
                                                  Law Group, Office of the General
                                                                                                             One commenter stated that there is no               potential representative for
                                                  Counsel (022D), Department of Veterans                  need to restrict a tribal government                   accreditation through the tribal
                                                  Affairs, 810 Vermont Avenue NW.,                        employee to being accredited by either                 organization by certifying that the
                                                  Washington, DC 20420, (202) 461–7699.                   a tribal organization or State                         individual is accredited and functioning
                                                  (This is not a toll free number.)                       organization. Although in the proposed                 as a representative of another
                                                  SUPPLEMENTARY INFORMATION: On July                      rule, we focused much of our discussion                recognized organization, this is
                                                  20, 2016, VA issued a proposed rule to                  on how a tribal government employee                    commonly referred to as ‘‘cross-
                                                  amend part 14 of title 38, Code of                      may be accredited through a tribal                     accreditation.’’ See 38 CFR 14.627(j) and
                                                  Federal Regulations, to provide for the                 organization or a State organization, we               14.629(a). Because we do not view this
                                                  recognition of tribal organizations that                do not intend for this rulemaking to                   rulemaking as prohibiting State
                                                  are established and funded by tribal                    limit the availability of other avenues to             organization representatives from being
                                                  governments so that representatives of                  achieve VA accreditation. There are                    accredited through a tribal organization
                                                  the organizations may assist Native                     several ways that individuals, including               as well, we do not believe that a change
                                                  American veterans and their families in                 tribal members, tribal government                      is warranted to this rulemaking based
                                                  the preparation, presentation, and                      employees, and others who work within                  on these comments.
                                                  prosecution of their VA benefit claims.                 and serve tribal or Native American                       One commenter asked if it would be
                                                  81 FR 47087–47094. VA proposed to                       communities, may be accredited by VA                   possible for a tribal government to have
                                                  allow a tribal organization that is                     to represent claimants. If an individual               their employees accredited by a tribal
                                                  established and funded by one or more                   does not wish to be accredited through                 organization and State organization
                                                  tribal governments to be recognized for                 a tribal or State organization, the                    concurrently. VA does not limit an
                                                  the purpose of providing assistance on                  individual may seek accreditation                      accredited representative to one method
                                                  VA benefit claims. Id. In addition, VA                  through a National or Regional or Local                of accreditation. Therefore, no change is
                                                  proposed to allow an employee of a                      organization or seek accreditation in his              warranted to this rulemaking based on
                                                  tribal government to become accredited                  or her individual capacity as either an                this comment.
                                                  through a recognized State organization                 agent or an attorney under the standards                  Several commenters appeared to
                                                  in a similar manner as a CVSO may                       set forth in § 14.629(b). Therefore, VA                interpret the proposed rule as limiting
                                                  become accredited through a recognized                  declines to make any changes based on                  tribal organizations to representation of
                                                  State organization and to extend office                 this comment.                                          only veterans who are Native American
                                                  space opportunities already granted to                     One commenter asked whether a                       and not their dependents or survivors
                                                  certain employees of State organizations                tribal veterans’ service representative                who may not be Native American. It is
                                                  to employees of tribal organizations. Id.               who worked in multiple states would be                 not VA’s intention to limit the type of
                                                     VA received 17 comments on the                       required to get approval from all of the               claimants for VA benefits that any
                                                  proposed rule. Overall, the comments                    States in which they work. If the                      accredited organization, attorney, or
                                                  were supportive of the proposed rule. A                 representative is accredited through the               agent may represent. The requirements
                                                  couple of commenters stated that they                   tribal organization and representing                   for accreditation require an applying
                                                  currently meet or will be able to meet                  claimants on behalf of that organization,              organization to state the number of
                                                  the accreditation requirements for                      then the representative would not need                 veterans, survivors, and dependents that
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  recognition as a tribal organization. The               to seek any additional accreditation                   will be served by the organization. 38
                                                  actual requests for recognition of                      through a State organization. If the                   CFR 14.628(d)(1)(ii)(D). VA makes no
                                                  specific tribal organizations are outside               representative is a tribal veterans service            changes based on these comments.
                                                  the scope of this rulemaking. However,                  officer (TVSO) and the representative’s                   Several commenters also expressed
                                                  VA invites all interested organizations                 sole accreditation status is through a                 concern over the requirements for
                                                  or applicants to consider requesting                    State organization, the representative                 recognition in § 14.628(d). Specifically,
                                                  recognition after this rulemaking takes                 should confer with that State                          the commenters expressed concern that
                                                  effect. Please see VA’s accreditation                   organization to see if the State has                   many tribal organizations may not be


                                             VerDate Sep<11>2014   20:34 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00070   Fmt 4700   Sfmt 4700   E:\FR\FM\19JAR1.SGM   19JAR1


                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                          6267

                                                  able to satisfy the requirement of having               providing assistance on VA benefit                     purpose. In this same way, VA
                                                  a primary purpose of serving veterans,                  claims, does not provide for the funding               recognizes State organizations rather
                                                  the requirement of a substantial service                of such organizations to train and                     than the State governments themselves.
                                                  commitment to veterans as shown either                  maintain representatives. Pursuant to                  Therefore, no change to this rulemaking
                                                  by a sizable organizational membership                  § 14.628(d)(iii)(B), organizations are not             is warranted based on these comments.
                                                  or by performance of veterans’ services                 precluded from seeking and receiving                      Another commenter stated that, due
                                                  to a sizable number of veterans, or                     other sources of State and Federal grant               to the geographic size of their tribal
                                                  requirements concerning funding and                     funding so long as the organization’s                  government, it would make sense for it
                                                  training, to include providing the                      funding is not subject to limitations                  to become its own regional council. If
                                                  required supporting documentation. As                   imposed under any Federal grant or law                 the commenter is asserting its intention
                                                  stated in the proposed rule, VA must                    which would prevent it from                            to apply to become a VA accredited
                                                  ensure that VA accredited organizations                 representing claimants before VA.                      organization, VA welcomes all
                                                  can provide long-term, competent                        Therefore, VA declines to make any                     organizations to apply once this
                                                  representation and has found that the                   changes based on these comments.                       rulemaking becomes effective. No
                                                  § 14.628(d) requirements further that                      Several commenters suggested further                change is warranted to this rulemaking
                                                  objective. These requirements apply to                  outreach and collaboration. On March 3                 based on this comment.
                                                  all organizations seeking VA                            and 10, 2016, respectively, VA issued                     One commenter recommended that,
                                                  recognition. Exempting tribal                           letters to tribal leaders and a Federal                regarding tribal government approval for
                                                  organizations from meeting the                          Register notice, 81 FR 12626, seeking                  tribal organization representation, the
                                                  § 14.628(d) requirements would not be                   comment on VA’s consideration of                       approval be recognized with a single
                                                  consistent with the purpose of VA                       issuing a proposed rule that would                     resolution or other document on behalf
                                                  recognition to ensure that veterans are                 amend part 14 of title 38, Code of                     of member tribal nations. The
                                                  receiving qualified, competent                          Federal Regulations, to expressly                      commenter stated that obtaining
                                                  representation on their VA benefit                      provide for the recognition of tribal                  resolutions from each nation would be
                                                  claims. VA has provided additional                      organizations so that representatives of               administratively burdensome. Pursuant
                                                  means to achieve VA recognition or                      the organizations may assist Native                    to § 14.628, the organization requesting
                                                  accreditation for those tribal                          American claimants in the preparation,                 VA accreditation must certify to VA that
                                                  governments that may have difficulty                    presentation, and prosecution of their                 the organization meets the § 14.628(d)
                                                  establishing a tribal organization                      VA benefit claims. Those interested in                 requirements for recognition. As long as
                                                  capable of meeting the § 14.628(d)                      providing comment were given 30 days                   VA receives certification from each
                                                  requirements, to include the ability for                to respond. Based on requests from                     tribal government approving the tribal
                                                  one or more tribal governments to                       commenters, VA expanded the                            organization, VA has no objection to the
                                                  establish and fund a tribal organization                comment period an additional 15 days                   format of the certification being
                                                  and the ability of an employee of a tribal              to April 26, 2016. VA received                         contained in a single resolution or
                                                  government to become accredited as a                    comments from 36 commenters. In the                    document. An example may be that the
                                                  tribal veterans’ service officer through a              proposed rule, VA addressed the                        establishment of the tribal organization
                                                  recognized State organization.                          comments received from the tribal                      is contained in one resolution and that
                                                  Therefore, VA makes no changes based                    consultation and provided an additional                resolution is signed, or certified, by all
                                                  on these comments.                                      60-day comment period. 81 FR 47091–                    of the appropriate officials. VA makes
                                                     Several commenters requested that                    47093, July 20, 2016. Therefore, VA                    no changes based on this comment.
                                                  VA further define or quantify what                      finds that it has complied with the                       One commenter asked that VA
                                                  would constitute adequate funding and                   notice and consultation requirements of                provide recognition for urban Indian
                                                  a substantial service commitment to                     the governing Executive Orders. See                    organizations or urban Indian health
                                                  veterans either by showing a sizeable                   Exec. Order No. 13175, 65 FR 67249–                    programs. The comment is unclear on
                                                  organizational membership or by                         67252, Nov. 9, 2000; Exec. Order 12866                 whether such an organization would be
                                                  showing performance of veterans’                        sec. 6(a), 58 FR 51735, Sept. 30, 1993;                able to apply for VA recognition as a
                                                  services to a sizeable number of                        Exec. Order 13563 sec. 2(b), 76 FR 3821,               tribal organization. VA declines to add
                                                  veterans. VA’s purpose is to ensure that                3821–22, Jan. 18, 2011.                                an additional organization category at
                                                  VA claimants have responsible,                             One commenter asked VA to include                   this time. In addition to the
                                                  qualified representation and the above                  the veterans departments within the                    amendments discussed in this
                                                  noted requirements serve as an indicator                tribal governments as eligible for VA                  rulemaking, an organization may still
                                                  that the organization is stable. VA                     recognition. A Veterans Affairs office or              utilize other avenues to apply for VA
                                                  makes these determinations on a case-                   department that is established and                     recognition such as requesting VA
                                                  by-case basis taking into consideration                 funded by a tribal government is                       recognition as a regional or local
                                                  all of the evidence of record. VA’s goal                included in the definition of tribal                   organization. To be recognized as a
                                                  is to ensure that VA claimants have                     organization and may apply for                         regional or local organization, an
                                                  access to the representation that they                  recognition under the rule. Another                    organization must meet the
                                                  may need, and in order to provide such                  commenter requested that tribal                        requirements of § 14.628(c) and (d).
                                                  access, VA needs flexibility to make                    government be included in the                             The same commenter asked that
                                                  accreditation determinations based on                   definition of tribal organization. A tribal            employees of urban Indian
                                                  the totality of the circumstances.                      government would not fit the definition                organizations or urban Indian health
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Therefore, VA declines to make any                      of a tribal organization because the                   programs be recognized as accredited
                                                  changes based on these comments.                        primary purpose of a tribal government                 representatives. An individual may
                                                     Several commenters requested that                    is generally much broader than serving                 apply for accreditation as a
                                                  funding be made available to establish                  the needs of Native American veterans.                 representative through a VA-recognized
                                                  tribal organizations. Section 5902, of                  However, the definition of tribal                      organization under standards set forth
                                                  title 38, United State Code, which is the               organization allows for a tribal                       in § 14.629(a). Alternatively, an
                                                  law that authorizes VA to recognize                     government to establish such an                        individual may also seek accreditation
                                                  organizations for the purpose of                        organization that will be for that specific            in an individual capacity as either an


                                             VerDate Sep<11>2014   20:34 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00071   Fmt 4700   Sfmt 4700   E:\FR\FM\19JAR1.SGM   19JAR1


                                                  6268             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                  agent or an attorney under the standards                are submitted for publication in the                   requirements. The collection of
                                                  set forth in § 14.629(b). The commenter                 Federal Register. VA submitted the                     information in 38 CFR 14.628 requires
                                                  also asked that the requirement for tribal              proposed rule and required supporting                  organizations seeking VA accreditation
                                                  veterans’ service officers to work 1,000                documents prior to the publication of                  under § 14.628 to submit certain
                                                  hours annually be eliminated or                         the proposed rule and will comply with                 documentation to certify that the
                                                  lowered. The same hour requirements                     the requirements of the Executive Order                organization meets the requirements for
                                                  apply to county veterans’ service                       in issuing this final rule. No change to               VA accreditation. Pursuant to
                                                  officers being recommended for                          this rulemaking is warranted based on                  § 14.628(d), an organization requesting
                                                  accreditation by a State and will, under                this comment.                                          recognition must have as a primary
                                                  this rule, apply to tribal veterans’                       One commenter asked to what extent                  purpose serving veterans. In
                                                  service officers being accredited by a                  VA believes that all States would                      establishing that it meets this
                                                  State. As explained in the proposed                     support this rulemaking. VA has not                    requirement, an organization requesting
                                                  rule, VA prescribed these criteria in                   received any adverse comments from                     recognition shall submit a statement
                                                  order to ensure adequate training and                   States on this rulemaking. As previously               establishing the purpose of the
                                                  fitness to serve as a VA accredited                     stated, recognition of a tribal                        organization and that veterans would
                                                  representative. VA declines to make any                 organization is not tied to a State                    benefit by recognition of the
                                                  changes based on these comments.                        organization. No change to this                        organization.
                                                     One commenter asked VA to require                    rulemaking is warranted based on this                    The organization must also
                                                  culturally sensitive training for TVSOs.                comment.                                               demonstrate a substantial service
                                                  Section 14.628(d)(1)(v)(B) requires that a                 One commenter asked what support                    commitment to veterans either by
                                                  request for recognition of an                           VA could provide to tribes that do not                 showing a sizable organizational
                                                  organization include a plan for                         have enough veterans per capita to                     membership or by showing performance
                                                  recruiting and training the                             participate in the process outlined to
                                                                                                                                                                 of veterans’ services to a sizable number
                                                  organization’s representatives. In                      coordinate their activities with States or
                                                                                                                                                                 of veterans. In establishing that it meets
                                                  addition, with regard to TVSOs, the                     county veterans’ service organizations
                                                                                                                                                                 this requirement, an organization
                                                  organization’s certifying official must                 while respecting a tribe’s sovereign
                                                                                                                                                                 requesting recognition shall submit: The
                                                  certify that the TVSO is a paid employee                authority. It is unclear whether the
                                                                                                                                                                 number of members and number of
                                                  of the tribal government working no less                commenter is requesting that VA waive
                                                                                                                                                                 posts, chapters, or offices and their
                                                  than 1,000 hours annually, has                          certain accreditation requirements. As
                                                                                                                                                                 addresses; a copy of the articles of
                                                  successfully completed a course of                      previously discussed, VA cannot waive
                                                                                                                                                                 incorporation, constitution, charter, and
                                                  training and examination approved by                    the requirements for accreditation for
                                                                                                                                                                 bylaws of the organization, as
                                                  VA, and that the TVSO will receive                      any organization. A tribe that is unable
                                                                                                                                                                 appropriate; a description of the
                                                  regular supervision or annual training to               to establish an organization that is
                                                                                                                                                                 services performed or to be performed
                                                  assure the TVSO continues to be                         capable of meeting the requirements to
                                                                                                                                                                 in connection with programs
                                                  qualified to represent claimants. 38 CFR                be recognized as a tribal organization
                                                                                                                                                                 administered by VA, with an
                                                  14.629(a)(2)(i)–(iii). The testing or                   may be able to have its members apply
                                                                                                                                                                 approximation of the number of
                                                  training for TVSOs may include topics                   to become accredited in their individual
                                                                                                                                                                 veterans, survivors, and dependents
                                                  such as cultural sensitivity training at                capacity as claims agents or attorneys or
                                                                                                                                                                 served or to be served by the
                                                  the discretion of the organization. VA                  as representatives through another VA-
                                                                                                                                                                 organization in each type of service
                                                  declines to add a cultural sensitivity                  recognized organization. VA makes no
                                                  training requirement as we believe each                                                                        designated; and a description of the type
                                                                                                          changes based on this comment.
                                                  organization would be the best judge of                                                                        of services, if any, performed in
                                                                                                             One commenter said that educational
                                                  the need for cultural sensitivity training                                                                     connection with other Federal and State
                                                                                                          benefits should be allowed to be used at
                                                  for its own representatives. In addition,                                                                      programs which are designed to assist
                                                                                                          tribal colleges and universities. This
                                                  such an addition would not be a logical                                                                        former Armed Forces personnel and
                                                                                                          comment is outside the scope of this
                                                  outgrowth of the proposed rule.                                                                                their dependents, with an
                                                                                                          rulemaking. Therefore, no change is
                                                  Therefore, VA makes no changes based                                                                           approximation of the number of
                                                                                                          warranted based on this comment.
                                                  on this comment.                                           Finally, VA is correcting a                         veterans, survivors, and dependents
                                                     One commenter stated that, with                      grammatical error in proposed                          served by the organization under each
                                                  regard to the Paperwork Reduction Act                   § 14.628(b)(2). In the third sentence, VA              program designated.
                                                  (PRA) requirements, VA had                              mistakenly referred to ‘‘tgovernment’’                   An organization requesting
                                                  underestimated the number of                            when the correct reference should have                 recognition must commit a significant
                                                  applicants/respondents that would                       been to ‘‘tribal government.’’ VA is                   portion of its assets to veterans’ services
                                                  apply to become an accredited tribal                    correcting this error in this rulemaking.              and have adequate funding to properly
                                                  organization. However, the commenter                                                                           perform those services. In establishing
                                                  did not provide a number of how many                    Paperwork Reduction Act                                that it meets this requirement, an
                                                  applicants/respondents they thought VA                     The Paperwork Reduction Act of 1995                 organization requesting recognition
                                                  would receive. VA notified the Office of                (at 44 U.S.C. 3507) requires that VA                   shall submit: A copy of the last financial
                                                  Management and Budget (OMB) of the                      consider the impact of paperwork and                   statement of the organization indicating
                                                  commenter’s concern and amended its                     other information collection burdens                   the amount of funds allocated for
                                                  PRA submission to double the number                     imposed on the public. Under 44 U.S.C.                 conducting particular veterans’ services
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  of applicants/respondents from 5 to 10                  3507(a), an agency may not collect or                  (VA may, in cases where it deems
                                                  per year.                                               sponsor the collection of information,                 necessary, require an audited financial
                                                     One commenter asked to what extent                   nor may it impose an information                       statement); and a statement indicating
                                                  OMB was involved in the formulation of                  collection requirement unless it                       that use of the organization’s funding is
                                                  this rule. Executive Order 12866, 58 FR                 displays a currently valid OMB control                 not subject to limitations imposed under
                                                  51735, requires that OMB, specifically                  number. See also 5 CFR 1320.8(b)(3)(vi).               any Federal grant or law which would
                                                  the Office of Information and Regulatory                   This final rule will impose the                     prevent it from representing claimants
                                                  Affairs, review regulations before they                 following new information collection                   before VA.


                                             VerDate Sep<11>2014   20:34 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00072   Fmt 4700   Sfmt 4700   E:\FR\FM\19JAR1.SGM   19JAR1


                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                           6269

                                                     An organization requesting                           and the official(s) authorized to certify              commenters. VA addressed 36 of those
                                                  recognition must maintain a policy and                  representatives.                                       comments in the proposed rule. 81 FR
                                                  capability of providing complete claims                   As required by the Paperwork                         47087, 47091–47093. During the
                                                  service to each claimant requesting                     Reduction Act of 1995 (at 44 U.S.C.                    drafting of the final rule, VA discovered
                                                  representation or give written notice of                3507(d)), VA has submitted this                        one additional comment submitted in
                                                  any limitation in its claims service with               information collection to OMB for its                  response to the tribal consultation.
                                                  advice concerning the availability of                   review. OMB approved these new                         Therefore, VA is addressing the
                                                  alternative sources of claims service. In               information collection requirements                    additional comment and republishing
                                                  establishing that it meets this                         associated with the final rule and                     VA’s responses to the other comments
                                                  requirement, an organization requesting                 assigned OMB control number 2900–                      in this final rule.
                                                  recognition shall submit evidence of its                0850.                                                     One commenter asked if tribal
                                                  capability to represent claimants before                Regulatory Flexibility Act                             organizations, since they are sovereign
                                                  VA regional offices and before the Board                                                                       nations, would work with their local VA
                                                  of Veterans’ Appeals. If an organization                  The Secretary hereby certifies that                  regional offices to include submitting
                                                  does not intend to represent claimants                  this final rule will not have a significant            claims through their respective regional
                                                  before the Board of Veterans’ Appeals,                  economic impact on a substantial                       offices. VA-recognized tribal
                                                  the organization shall submit evidence                  number of small entities as they are                   organizations will be responsible for
                                                  of an association or agreement with a                   defined in the Regulatory Flexibility
                                                                                                                                                                 providing representation on behalf of
                                                  recognized service organization for the                 Act, 5 U.S.C. 601–612. It does not
                                                                                                                                                                 their clients in the same manner as all
                                                  purpose of representation before the                    require any action on the part of any
                                                                                                                                                                 other VA-recognized organizations,
                                                  Board of Veterans’ Appeals, or the                      entity but merely provides a new
                                                                                                                                                                 which often includes filing claims and
                                                                                                          opportunity for tribal organizations to
                                                  proposed method of informing                                                                                   evidence in support of their client’s
                                                                                                          become recognized by VA for the
                                                  claimants of the limitations in service                                                                        claims with the appropriate regional
                                                                                                          purpose of assisting VA claimants in the
                                                  that can be provided, with advice                                                                              office. For TVSO’s whose sole
                                                                                                          preparation, presentation, and
                                                  concerning the availability of alternative                                                                     accreditation is through a State
                                                                                                          prosecution of claims for VA benefits.
                                                  sources of claims service. If an                                                                               organization, VA defers to the State
                                                                                                          Therefore, pursuant to 5 U.S.C. 605(b),
                                                  organization does not intend to                                                                                organization on their procedures for
                                                                                                          this rulemaking is exempt from the final
                                                  represent each claimant requesting                                                                             submitting claims and evidence to VA.
                                                                                                          regulatory flexibility analysis
                                                  assistance, the organization shall submit                                                                      No change is warranted to this
                                                                                                          requirements of section 604.
                                                  a statement of its policy concerning the                                                                       rulemaking based on this comment.
                                                  selection of claimants and the proposed                 Executive Order 13175                                     The same commenter asked if tribal
                                                  method of informing claimants of this                      Executive Order 13175 provides that                 organizations will ‘‘commit to annual/
                                                  policy, with advice concerning the                      Federal agencies may not issue a                       routine training [for their] veterans
                                                  availability of alternative sources of                  regulation that has tribal implications,               service officers.’’ Part of the § 14.628(d)
                                                  claims service.                                         that imposes substantial direct                        requirements is that an organization
                                                     An organization requesting                           compliance costs on tribal governments,                seeking accreditation must ‘‘[t]ake
                                                  recognition must take affirmative action,               and that is not required by statute,                   affirmative action, including training
                                                  including training and monitoring of                    unless the Federal government provides                 and monitoring of accredited
                                                  accredited representatives, to ensure                   the funds necessary to pay the direct                  representatives, to ensure proper
                                                  proper handling of claims. In                           compliance costs incurred by the tribal                handling of claims.’’ 38 CFR
                                                  establishing that it meets this                         governments or the Federal agency                      14.628(d)(1)(v). When an organization
                                                  requirement, an organization requesting                 consults with tribal officials early in the            applies for VA accreditation, the
                                                  recognition shall submit: A statement of                process of developing the proposed                     organization must include a plan for
                                                  the skills, training, and other                         regulation, develops and publishes in                  recruiting and training the
                                                  qualifications of current paid or                       the Federal Register a tribal summary                  organization’s representatives. 38 CFR
                                                  volunteer staff personnel for handling                  impact statement, and provides to the                  14.628(d)(1)(v)(B). No change is
                                                  veterans’ claims; and a plan for                        Director of OMB any written                            warranted to this rulemaking based on
                                                  recruiting and training qualified claim                 communications submitted to the                        this comment.
                                                  representatives, including the number of                agency by the tribal officials.                           One commenter wrote that, currently,
                                                  hours of formal classroom instruction,                     On March 3 and 10, 2016,                            their tribal representatives are being
                                                  the subjects to be taught, the period of                respectively, VA issued letters to tribal              accredited through their State as well as
                                                  on-the-job training, a schedule or                      leaders and a Federal Register notice,                 other national organizations and was
                                                  timetable for training, the projected                   81 FR 12626, seeking comment on VA’s                   curious as to the ‘‘road blocks’’ other
                                                  number of trainees for the first year, and              consideration of issuing a proposed rule               tribal organizations were facing. This
                                                  the name(s) and qualifications of the                   that would amend part 14 of title 38,                  commenter did not provide any
                                                  individual(s) primarily responsible for                 Code of Federal Regulations, to                        suggestions, and therefore, no change to
                                                  the training.                                           expressly provide for the recognition of               this rulemaking is warranted.
                                                     In addition, the organization                        tribal organizations so that                              Several commenters noted that
                                                  requesting recognition shall supply: A                  representatives of the organizations may               currently Native American veterans face
                                                  statement that neither the organization                 assist Native American claimants in the                many roadblocks to obtaining
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  nor its accredited representatives will                 preparation, presentation, and                         representation. One commenter noted
                                                  charge or accept a fee or gratuity for                  prosecution of their VA benefit claims.                that geography, economic, and culture
                                                  service to a claimant and that the                      Those interested in providing comment                  barriers prevent Native American
                                                  organization will not represent to the                  were given 30-days to respond. Based                   veterans from utilizing currently
                                                  public that VA recognition of the                       on requests from commenters, VA                        available representation. These
                                                  organization is for any purpose other                   expanded the comment period an                         comments were offered in support of the
                                                  than claimant representation; and the                   additional 15 days to April 26, 2016. VA               rulemaking, and therefore, no change is
                                                  names, titles, and addresses of officers                received comments from a total of 37                   warranted.


                                             VerDate Sep<11>2014   20:34 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00073   Fmt 4700   Sfmt 4700   E:\FR\FM\19JAR1.SGM   19JAR1


                                                  6270             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                     A few commenters misinterpreted the                     One commenter asked what happens                    employee of a tribal government to
                                                  language provided in the consultation                   to the accreditation of a tribal                       become accredited as a tribal veterans’
                                                  and notice as meaning that VA intended                  organization if the Director is                        service officer through a recognized
                                                  that VA’s recognition of a tribal                       relinquished. It seems this comment                    State organization. Therefore, VA makes
                                                  organization would be tied to VA’s                      stems from the misinterpretation                       no changes based on these comments.
                                                  recognition of the corresponding State                  previously discussed regarding the                        One commenter suggested that VA
                                                  organization. One commenter stated that                 accreditation of a tribal organization and             grant accreditation to tribes through a
                                                  VA should recognize a tribal                            the corresponding State organization.                  Memorandum of Understanding and
                                                  organization as ‘‘equal to’’ a State                    The commenter also asked what                          included their tribe’s Memorandum of
                                                  organization. VA is not tying VA                        happens if the State refuses to sponsor                Understanding with their State. The
                                                  recognition of a tribal organization to a               the replacement officer. As discussed                  commenter also questioned the role of
                                                  State and is choosing not to make value                 above, once a tribal organization                      VA in the accreditation and monitoring
                                                  judgements as to the importance of the                  becomes recognized by VA, that                         process. The laws governing VA
                                                  recognition granted to State                            organization can request to have its own               accreditation are set out at 38 U.S.C.
                                                  organizations and Tribal organizations.                 representatives accredited under                       5902 and 5904 and 38 CFR 14.626–
                                                  Recognition of a tribal organization will               § 14.629. The tribal organization can file             14.637. These laws apply to all
                                                  stand on its own. VA has chosen to use                  with VA to have a replacement officer                  organizations, agents, and attorneys
                                                  the term similar rather than the term                   accredited. Therefore, VA makes no                     seeking VA accreditation. Pursuant to
                                                  equal in this rule because there are some               changes based on this comment.                         § 14.628, the organization requesting VA
                                                  differences in the requirements for VA                                                                         accreditation must certify to VA that the
                                                                                                             Several commenters also expressed
                                                  recognition of a tribal organization and                                                                       organization meets the § 14.628(d)
                                                                                                          concern over the requirements for
                                                  the requirements for State organizations.                                                                      requirements for recognition. Therefore,
                                                                                                          recognition in § 14.628(d). Specifically,
                                                  Specifically, the rule will allow a single                                                                     a Memorandum of Understanding
                                                                                                          the commenters expressed concern that
                                                  tribal government, or multiple tribal                                                                          between VA and a tribe is not sufficient
                                                                                                          many tribal organizations may not be
                                                  governments to join together to establish                                                                      for applying for VA accreditation.
                                                                                                          able to satisfy the primary purpose, size,
                                                  and fund a tribal organization, but such                                                                       Furthermore, VA does monitor its
                                                                                                          funding, and training requirements, to
                                                  allowance is not permitted for State                                                                           accredited organizations, agents, and
                                                                                                          include providing the required,
                                                  governments.                                                                                                   attorneys and handles disciplinary
                                                                                                          supporting documentation. One                          matters as they arise. Therefore, VA
                                                     A few commenters misinterpreted the                  commenter suggested that VA provide                    makes no changes based on this
                                                  language provided in the consultation                   the funding for tribes ‘‘to engage in this             comment.
                                                  and notice as limiting recognition of a                 work.’’ Another commenter suggested                       One commenter suggested that VA
                                                  tribal veterans’ service officer through a              including Indian Health Services for                   engage in additional consultation with
                                                  State. One commenter asked for                          funding assistance. A few commenters                   Tribes that would be ‘‘interested in
                                                  clarification on what type of employees                 expressed concern about the                            becoming recognized veterans[’] service
                                                  would be eligible to become accredited                  requirement that the organization must                 organizations, but are unable to meet the
                                                  by VA. The commenter stated that                        maintain a policy of either providing                  requirements.’’ In this rule, VA offers
                                                  employees of a tribal nation as well as                 complete claims representation or                      alternative avenues for VA recognition
                                                  a tribal organization should be eligible.               provide ‘‘written notice of any                        and accreditation for tribal governments
                                                  We agree, and the final rule allows for                 limitation in its claims service with                  that may not be capable of establishing
                                                  both avenues to attain VA accreditation                 advice concerning the availability of                  an organization that can meet the VA
                                                  depending on the tribal government’s                    alternative sources of claims service.’’               recognition requirements in the rule on
                                                  size, relationships with other tribal                   38 CFR 14.628(d)(1)(iv). One commenter                 their own. VA declines to make any
                                                  governments, relationships with States,                 seemed to believe VA was questioning                   changes based on this comment.
                                                  and the needs of Native American                        the level of competence of tribal                         One commenter also recommended
                                                  veterans in their area. After a tribal                  representatives. VA must ensure that                   that ‘‘VA enter into Memorandums of
                                                  organization becomes recognized by VA,                  VA accredited organizations can                        Understanding with [F]ederally-
                                                  that organization will be able to request               provide long-term, competent                           recognized tribes and tribal
                                                  to have its own representatives                         representation and has found that the                  organizations for [v]eterans’ [s]ervice
                                                  accredited under 38 CFR 14.629. In                      § 14.628(d) requirements are protective                [o]fficer training and service
                                                  addition to recognizing tribal                          of that mission. These requirements                    reimbursement, on individual bases.’’
                                                  organizations and accredit their                        apply to all organizations seeking VA                  Another commenter objected to the fact
                                                  representatives, VA provides an                         recognition. Exempting tribal                          that there was ‘‘no mention of funding
                                                  additional means by which VA may                        organizations from meeting the                         to train and maintain such a position.’’
                                                  recognize an employee of a tribal                       § 14.628(d) requirements is not                        Section 5902, of title 38, United State
                                                  government as a tribal veterans’ service                consistent with the purpose of VA                      Code, which is the law that authorizes
                                                  officer through a State organization.                   recognition to ensure that veterans are                VA to recognize organizations for the
                                                  This accreditation is akin to                           receiving qualified, competent                         purpose of providing assistance on VA
                                                  accreditation given to county veterans’                 representation on their VA benefit                     benefit claims, does not provide for the
                                                  service officers through State                          claims. As previously discussed, VA has                funding of such organizations to train
                                                  organizations and is only meant to                      provided additional means to achieve                   and maintain representatives. Pursuant
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  provide an additional path to VA                        VA recognition or accreditation for                    to § 14.628(d)(iii)(B), organizations are
                                                  accreditation. The requirements for a                   those tribal governments that may have                 not precluded from seeking and
                                                  tribal veterans’ service officer to become              difficulty establishing a tribal                       receiving other sources of State and
                                                  accredited as a representative through a                organization capable of meeting the                    Federal grant funding so long as the
                                                  State organization be the same as the                   § 14.628(d) requirements, to include the               organization’s funding is not subject to
                                                  requirements for a county veterans’                     ability for one or more tribal                         limitations imposed under any Federal
                                                  service officer. Therefore, VA makes no                 governments to establish and fund a                    grant or law which would prevent it
                                                  changes based on these comments.                        tribal organization and the ability of an              from representing claimants before VA.


                                             VerDate Sep<11>2014   20:34 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00074   Fmt 4700   Sfmt 4700   E:\FR\FM\19JAR1.SGM   19JAR1


                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                          6271

                                                  Therefore, VA declines to make any                      an additional organization category at                    A few commenters expressed concern
                                                  changes based on these comments.                        this time. In addition to the                          that the rulemaking is limiting VA
                                                     One commenter wrote that VA ‘‘. . .                  amendments discussed in this                           recognition for the preparation,
                                                  should include [F]ederally-recognized                   rulemaking, an organization may still                  presentation, and prosecution of claims
                                                  tribes, not just tribal organizations                   utilize other avenues to apply for VA                  for VA benefits. One commenter seemed
                                                  funded by tribal governments, as an                     recognition such as requesting VA                      to think VA is depriving veterans from
                                                  entity from which applications will be                  recognition as a regional or local                     other title 38 benefits. The commenters
                                                  considered to be recognized for . . .’’                 organization. To be recognized as a                    did not specify what other accreditation
                                                  VA accreditation. Another commenter                     regional or local organization, an                     they are seeking. As previously
                                                  suggested adding ‘‘[F]ederally                          organization must meet the                             discussed, the relevant regulations in 38
                                                  recognized tribes’’ or ‘‘[F]ederally                    requirements of § 14.628(c) and (d).                   CFR part 14 are to recognizing
                                                  recognized tribal governments’’ as part                    Further, there are several ways that                organizations and accrediting
                                                  of the definition for tribal organizations.             individuals, including tribal members,                 individuals to assist in the preparation,
                                                  Another commenter suggested adding                      tribal government employees, and                       presentation, and prosecution of VA
                                                  tribal communities. For the purposes of                 others who work within and serve tribal                benefit claims. Pursuant to section 5902,
                                                  the regulations pertaining to the                       or Native American communities, may                    VA accreditation may not be granted for
                                                  representation of VA claimants, VA                      be accredited by VA to represent                       any other purpose. This rulemaking in
                                                  defines a tribal government to mean                     claimants. An individual may apply for                 no way deprives any veteran of any title
                                                  ‘‘the Federally recognized governing                    accreditation as a representative through              38 benefits. Therefore, no change is
                                                  body of any Indian tribe, band, nation,                 an existing VA-recognized organization                 warranted based on these comments.
                                                  or other organized group or                             under standards set forth in § 14.629(a).                 One commenter suggested that office
                                                  community. . .’’. VA finds this                         Alternatively, an individual may also                  space opportunities should be available
                                                  definition to be inclusive of the                       seek accreditation in an individual                    to tribal governments and organizations
                                                  comments, and therefore, no change is                   capacity as either an agent or an                      in the same manner as they are available
                                                  warranted.                                              attorney under the standards set forth in              to State organizations. As previously
                                                     One commenter suggested a                            § 14.629(b). Therefore, VA declines to                 discussed, this rule will, under § 14.635,
                                                  legislative amendment to the definition                 make any changes based on this                         allow the Secretary to furnish office
                                                  of State in 38 U.S.C. 101(20) to include                comment.                                               space and facilities, when available, to
                                                  ‘‘[F]ederally recognized tribal                            A couple of commenters submitted                    both State and tribal organization
                                                  governments.’’ Amending the statutory                   statements certifying that their                       employees who are also accredited to
                                                  language is something that only                         organization would meet the                            national organizations for the purpose of
                                                  Congress can accomplish. Since VA is                    requirements for accreditation for a                   assisting claimants in the preparation,
                                                  defining the term ‘‘tribal government’’                 tribal organization. Applications for                  presentation, and prosecution of claims
                                                  in regulation and providing an avenue                   accreditation are outside the scope of                 for benefits. VA will be furnishing office
                                                  for VA recognition of a tribal                          this rulemaking. Therefore, no change is               space to tribal organizations in the same
                                                  organization separate from a State                      warranted based on these comments.                     manner as it furnishes such space to
                                                  organization, VA does not find such a                      One commenter asked whether                         State organizations. Therefore, no
                                                  legislative amendment necessary.                        accredited tribal representatives would                change is warranted based on this
                                                  Therefore, no change is warranted based                 be granted access to software programs                 comment.
                                                  on this comment.                                        containing a veteran’s claims file                        One commenter noted that VA should
                                                     Several commenters wrote that                        information and whether that access                    allow a tribal government employee to
                                                  ‘‘[s]pecial attention must be paid to                   would be on tribal grounds. This issue                 become accredited through an
                                                  what specifically is meant by a ‘[t]ribal               is outside the scope of this rulemaking.               accredited body of their choice. VA in
                                                  [o]rganization’ ’’ and that VA should                   Therefore, no change is warranted based                no way is limiting how a particular
                                                  offer a clear definition of the term. The               on this comment.                                       individual may apply to become an
                                                  commenters did not offer any                               One commenter expressed support for                 accredited VA representative. As
                                                  suggestions for such definition. As                     VA recognizing tribal organizations in                 previously discussed, VA is merely
                                                  previously discussed, VA is defining                    an equal manner as VA recognizes State                 providing additional paths to VA
                                                  this term for the purposes of this                      organizations but suggested that VA                    accreditation than currently exist.
                                                  rulemaking. Therefore, VA does not                      authorize a field office close to tribal               Therefore, VA declines to make any
                                                  make any changes based on this                          administration locations and fund one                  changes to this rulemaking based on this
                                                  comment.                                                or two veterans service officer positions.             comment.
                                                     Several commenters asked VA to                       The tribal consultation and this                          Several commenters suggested further
                                                  clarify whether tribal governments,                     rulemaking are limited in scope to                     outreach and collaboration. One
                                                  including veterans departments within                   recognition for purposes of VA claims                  commenter suggested that VA form a
                                                  these governments, would be eligible for                representation. The commenter’s                        tribal workgroup to allow
                                                  VA recognition. A Department of                         suggestion of adding a field office is                 representatives from tribal organizations
                                                  Veterans Affairs or a Veterans Affairs                  beyond the scope, and therefore, VA                    to collaborate on implementing the new
                                                  office that is established and funded by                declines to make any changes based on                  program. One commenter provided VA
                                                  a tribal government is included in the                  this comment. VA also declines to make                 with their tribal consultation policy.
                                                  definition of tribal organization.                      any changes to the commenter’s                         Other commenters suggested that VA
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Therefore, no change to this rulemaking                 suggestion of funding job positions for                engage in additional consultation with
                                                  is warranted based on these comments.                   veterans service officers. Part of the                 experts in Indian law and hold an all-
                                                     One commenter asked that VA                          § 14.628(d) requirements is that an                    tribes call to gather additional input for
                                                  provide recognition for urban Indian                    organization seeking accreditation must                this rulemaking. VA appreciates this
                                                  organizations. The comment is unclear                   commit a significant portion of its assets             information. As previously noted, VA
                                                  on whether such an organization would                   to veterans’ services and have adequate                extended the comment period for an
                                                  be able to apply for VA recognition as                  funding to properly perform those                      additional 15 days to ensure that all
                                                  a tribal organization. VA declines to add               services. 38 CFR 14.628(d)(1)(iii).                    interested parties had an appropriate


                                             VerDate Sep<11>2014   20:34 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00075   Fmt 4700   Sfmt 4700   E:\FR\FM\19JAR1.SGM   19JAR1


                                                  6272             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                  time to provide input. Therefore, VA                    Unfunded Mandates                                          The addition reads as follows:
                                                  finds that it has complied with the                        The Unfunded Mandates Reform Act
                                                  requirements of Executive Order 13175.                                                                         § 14.628   Recognition of organizations.
                                                                                                          of 1995 requires, at 2 U.S.C. 1532, that
                                                  VA also provided an additional 60-day                                                                          *      *     *    *     *
                                                                                                          agencies prepare an assessment of
                                                  comment period for the proposed rule.                                                                             (b) * * *
                                                                                                          anticipated costs and benefits before
                                                     One commenter asked for the                                                                                    (2) Tribal organization. For the
                                                                                                          issuing any rule that may result in
                                                  projected implementation date of this                                                                          purposes of 38 CFR 14.626 through
                                                                                                          expenditure by State, local, and tribal
                                                  rulemaking. The dates section of this                                                                          14.637, an organization that is a legally
                                                                                                          governments, in the aggregate, or by the
                                                  final rule contains the effective date of                                                                      established organization that is
                                                                                                          private sector, of $100 million or more
                                                  the rulemaking.                                                                                                primarily funded and controlled,
                                                                                                          (adjusted annually for inflation) in any
                                                                                                                                                                 sanctioned, or chartered by one or more
                                                  Executive Orders 12866 and 13563                        one year. This final rule will have no
                                                                                                                                                                 tribal governments and that has a
                                                     Executive Orders 12866 and 13563                     such effect on State, local, and tribal
                                                                                                                                                                 primary purpose of serving the needs of
                                                  direct agencies to assess the costs and                 governments, or on the private sector.
                                                                                                                                                                 Native American veterans. Only one
                                                  benefits of available regulatory                        Catalog of Federal Domestic Assistance                 tribal organization may be recognized
                                                  alternatives and, when regulation is                      There are no Catalog of Federal                      for each tribal government. If a tribal
                                                  necessary, to select regulatory                         Domestic Assistance programs numbers                   organization is created and funded by
                                                  approaches that maximize net benefits                   and titles associated with this final rule.            more than one tribal government, the
                                                  (including potential economic,                                                                                 approval of each tribal government must
                                                  environmental, public health and safety                 List of Subjects in 38 CFR Part 14                     be obtained prior to applying for VA
                                                  effects, and other advantages;                            Administrative practice and                          recognition. If one of the supporting
                                                  distributive impacts; and equity).                      procedure, Claims, Courts, Foreign                     tribal governments withdraws from the
                                                  Executive Order 13563 (Improving                        relations, Government employees,                       tribal organization, the tribal
                                                  Regulation and Regulatory Review)                       Lawyers, Legal services, Organization                  organization must notify VA of the
                                                  emphasizes the importance of                            and functions (Government agencies),                   withdrawal and certify that the tribal
                                                  quantifying both costs and benefits,                    Reporting and recordkeeping                            organization continues to meet the
                                                  reducing costs, harmonizing rules, and                  requirements, Surety bonds, Trusts and                 recognition requirements in paragraph
                                                  promoting flexibility. Executive Order                  trustees, Veterans.                                    (d) of this section.
                                                  12866 (Regulatory Planning and                            For the reasons set out in the                       *      *     *    *     *
                                                  Review) defines a ‘‘significant                         preamble, the Department of Veterans
                                                  regulatory action’’ requiring review by                 Affairs amends 38 CFR part 14 as                       § 14.629   [Amended]
                                                  OMB, unless OMB waives such review,                     follows:                                               ■  4. Amend § 14.629 by:
                                                  as ‘‘any regulatory action that is likely                                                                      ■  a. In paragraph (a)(2) introductory
                                                  to result in a rule that may: (1) Have an               PART 14—LEGAL SERVICES,                                text, removing ‘‘county veteran’s service
                                                  annual effect on the economy of $100                    GENERAL COUNSEL, AND                                   officer’’ and adding in its place ‘‘county
                                                  million or more or adversely affect in a                MISCELLANEOUS CLAIMS                                   veterans’ service officer’’;
                                                  material way the economy, a sector of
                                                                                                                                                                 ■ b. In paragraph (a)(2) introductory
                                                  the economy, productivity, competition,                 ■ 1. The authority citation for part 14
                                                                                                          continues to read as follows:                          text, adding ‘‘or tribal veterans’ service
                                                  jobs, the environment, public health or
                                                                                                                                                                 officer’’ immediately following ‘‘county
                                                  safety, or State, local, or tribal                        Authority: 5 U.S.C. 301; 28 U.S.C. 2671–             veterans’ service officer’’; and
                                                  governments or communities; (2) Create                  2680; 38 U.S.C. 501(a), 512, 515, 5502, 5901–          ■ c. In paragraph (a)(2)(i), adding ‘‘or
                                                  a serious inconsistency or otherwise                    5905; 28 CFR part 14, appendix to part 14,
                                                                                                          unless otherwise noted.                                tribal government’’ immediately
                                                  interfere with an action taken or
                                                                                                                                                                 following ‘‘county’’.
                                                  planned by another agency; (3)                          ■ 2. Amend § 14.627 by adding
                                                  Materially alter the budgetary impact of                paragraph (r) to read as follows:                      § 14.635   [Amended]
                                                  entitlements, grants, user fees, or loan
                                                                                                          § 14.627    Definitions.                               ■ 5. Amend § 14.635 by adding, in the
                                                  programs or the rights and obligations or
                                                                                                                                                                 introductory paragraph, ‘‘or tribal’’
                                                  recipients thereof; or (4) Raise novel                  *      *     *    *     *
                                                                                                             (r) Tribal government means the                     immediately following ‘‘State’’.
                                                  legal or policy issues arising out of legal
                                                  mandates, the President’s priorities, or                Federally recognized governing body of                 Signing Authority
                                                  the principles set forth in this Executive              any Indian tribe, band, nation, or other
                                                                                                                                                                   The Secretary of Veterans Affairs, or
                                                  Order.’’                                                organized group or community,
                                                                                                                                                                 designee, approved this document and
                                                     The economic, interagency,                           including any Alaska Native village or
                                                                                                          Regional or Village Corporation as                     authorized the undersigned to sign and
                                                  budgetary, legal, and policy
                                                                                                          defined in or established pursuant to the              submit the document to the Office of the
                                                  implications of this regulatory action
                                                                                                          Alaska Native Claims Settlement Act,                   Federal Register for publication
                                                  have been examined, and it has been
                                                                                                          which is recognized as eligible for the                electronically as an official document of
                                                  determined not to be a significant
                                                                                                          special programs and services provided                 the Department of Veterans Affairs. Gina
                                                  regulatory action under Executive Order
                                                                                                          by the United States to Indians because                S. Farrisee, Deputy Chief of Staff,
                                                  12866. VA’s impact analysis can be
                                                                                                          of their status as Indians.                            Department of Veterans Affairs,
                                                  found as a supporting document at
                                                                                                                                                                 approved this document on January 11,
                                                  http://www.regulations.gov, usually                     *      *     *    *     *                              2017, for publication.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  within 48 hours after the rulemaking                    ■ 3. Amend § 14.628 by:
                                                  document is published. Additionally, a                  ■ a. Designating paragraph (b) as                        Dated: January 11, 2017.
                                                  copy of this rulemaking and its impact                  paragraph (b)(1) and adding paragraph                  Jeffrey Martin,
                                                  analysis are available on VA’s Web site                 (b)(2); and                                            Office Program Manager, Office of Regulation
                                                  at http://www.va.gov/orpm/, by                          ■ b. In the OMB approval parenthetical                 Policy & Management, Office of the Secretary,
                                                  following the link for ‘‘VA Regulations                 at the end of the section, removing                    Department of Veterans Affairs.
                                                  Published From FY 2004 Through Fiscal                   ‘‘2900–0439’’ and adding, in its place,                [FR Doc. 2017–00947 Filed 1–18–17; 8:45 am]
                                                  Year to Date.’’                                         ‘‘2900–0850’’.                                         BILLING CODE 8320–01–P




                                             VerDate Sep<11>2014   20:34 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00076   Fmt 4700   Sfmt 9990   E:\FR\FM\19JAR1.SGM   19JAR1



Document Created: 2018-02-01 15:16:24
Document Modified: 2018-02-01 15:16:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective Date: This rule is effective February 21, 2017.
ContactDana Raffaelli, Staff Attorney, Benefits Law Group, Office of the General Counsel (022D), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-7699. (This is not a toll free number.)
FR Citation82 FR 6265 
RIN Number2900-AP51
CFR AssociatedAdministrative Practice and Procedure; Claims; Courts; Foreign Relations; Government Employees; Lawyers; Legal Services; Organization and Functions (government Agencies); Reporting and Recordkeeping Requirements; Surety Bonds; Trusts and Trustees and Veterans

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR