Financial Assistance and Social Services Programs; Burial Assistance, 10475-10477 [2016-04335]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Rules and Regulations]
[Pages 10475-10477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04335]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[167A2100DD/AAKC001030/A0A501010.999900 253G]

25 CFR Part 20

RIN 1076-AF29


Financial Assistance and Social Services Programs; Burial 
Assistance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Interim final rule with request for comments.

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SUMMARY: Current regulations allow for burial assistance for eligible 
indigent Indians but require submission of the application within 30 
days of the Indian's death. This rule would extend the deadline for 
filing an application to 180 days to address hardships resulting from 
the current short timeframe.

DATES: Comments on this rule must be received by March 31, 2016. This 
rule will become effective without further action on April 15, 2016.

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

--Federal rulemaking portal: https://www.regulations.gov. The rule is 
listed under the agency name ``Bureau of Indian Affairs (BIA).'' The 
rule has been assigned Docket ID: BIA-2015-0003.
--Email: elizabeth.appel@bia.gov. Include the number 1076-AF29 in the 
subject line of the message.
--Mail or hand-delivery: Elizabeth K. Appel, Director, Office of 
Regulatory Affairs & Collaborative Action--Indian Affairs, U.S. 
Department of the Interior, 1849 C Street NW., MS 3642, Washington, DC 
20240. Include the number 1076-AF29 on the outside of the envelope.

    We cannot ensure that comments received after the close of the 
comment period (see DATES) will be included in the docket for this 
rulemaking and considered. Comments sent to an address other than those 
listed above will not be included in the docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of 
Regulatory Affairs and Collaborative Action, Office of the Assistant 
Secretary--Indian Affairs; telephone (202) 273-4680, 
elizabeth.appel@bia.gov.

SUPPLEMENTARY INFORMATION:

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

I. Background

    The BIA provides financial assistance and social services to 
eligible Indians when comparable financial assistance or social 
services are either not available or not provided by State, Tribal, 
county, local or other Federal agencies. See 25 CFR 20.102. One type of 
financial assistance BIA provides under these regulations is burial 
assistance. See 25 CFR 20.324-20.326. The current regulations provide 
that a relative of a deceased Indian can apply for burial assistance 
for the deceased Indian but must submit the application within 30 days 
following death.

II. Description of Changes

    This interim final rule extends the deadline by which a relative of 
a deceased Indian can apply for burial assistance for the deceased 
Indian from 30 days following death to 180 days following death. For 
many families, periods of bereavement and counseling do not fit within 
the short 30-day timeframe, and eligible applicants often do not seek 
out such resources or become aware of the burial assistance funds until 
weeks after their loss. The 30-day time restriction also creates 
barriers to eligible applicants dealing with other extenuating 
circumstances, such as delays in funeral billing and the processing of 
death certificates, which frequently exceed 30 days. This rule 
addresses these hardships by replacing the 30-day deadline with a more 
reasonable 180-day deadline.

III. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866)

    This interim final rule is not a significant rule and the Office of 
Management and Budget has not reviewed this rule under Executive Order 
12866. This rule extends the deadline for requesting burial assistance

[[Page 10476]]

funds but does not affect eligibility for such funds in any way.
    (1) This rule will not have an effect of $100 million or more on 
the economy or adversely affect in a material way the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities. The 
deadline extension may result in additional expenditures by the Federal 
Government for burial assistance but will not affect the economy as a 
whole.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency because the 
existing eligibility requirements ensure there is no duplication of 
services by different agencies.
    (3) This rule does not involve entitlements, grants, user fees, or 
loan programs or the rights or obligations of recipients. The rule 
extends the time period in which an eligible applicant may request 
burial assistance but does not otherwise affect the applicant's rights 
or obligations.
    (4) These regulatory changes do not raise novel legal or policy 
issues because they do not substantively change the financial 
assistance or social services programs.

B. Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
It does not change current funding requirements or regulate small 
entities.

C. Small Business Regulatory Enforcement Fairness Act

    This interim final rule is not a major rule under 5 U.S.C. 804(2), 
the Small Business Regulatory Enforcement Fairness Act. It will not 
result in the expenditure by State, local, or Tribal governments, in 
the aggregate, or by the private sector of $100 million or more in any 
one year. The rule will not result in a major increase in costs or 
prices for consumers, individual industries, Federal, State, or local 
government agencies, or geographic regions. Nor will this rule have 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of the U.S.-based enterprises 
to compete with foreign-based enterprises. This rule extends the 
deadline for requesting burial assistance funds but does not result in 
expenditures by any entity other than the Federal Government.

D. Unfunded Mandates Reform Act

    This interim final rule does not impose an unfunded mandate on 
State, local, or tribal governments or the private sector of more than 
$100 million per year. The rule does not have a significant or unique 
effect on State, local, or tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

E. Takings (E.O. 12630)

    Under the criteria in Executive Order 12630, this interim final 
rule does not affect individual property rights protected by the Fifth 
Amendment nor does it involve a compensable ``taking.'' A takings 
implication assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in Executive Order 13132, this interim final 
rule has no substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. This rule extends the deadline for requesting burial 
assistance funds but does not affect States or the relationship with 
States in any way.

G. Civil Justice Reform (E.O. 12988)

    This interim final rule complies with the requirements of Executive 
Order 12988. Specifically, this rule has been reviewed to eliminate 
errors and ambiguity and written to minimize litigation; and is written 
in clear language and contains clear legal standards.

H. Consultation With Indian Tribes (E.O. 13175)

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments,'' Executive Order 13175 (59 FR 22951, November 6, 2000), 
and 512 DM 2, we have evaluated the potential effects on federally 
recognized Indian Tribes and Indian trust assets and have identified 
potential effects. The Department received input from at least one 
Tribe requesting the change effected by this rule.

I. Paperwork Reduction Act

    This information collection for burial assistance is authorized by 
OMB Control Number 1076-0017, with an expiration of 06/30/2017. BIA 
will review whether its current estimates on the number of applications 
submitted annually when it next requests renewal to determine whether 
there is an increase as a result of this rule.

J. National Environmental Policy Act

    This interim final rule does not constitute a major Federal action 
significantly affecting the quality of the human environment.

K. Information Quality Act

    In developing this interim final rule we did not conduct or use a 
study, experiment, or survey requiring peer review under the 
Information Quality Act (Pub. L. 106-554).

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

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

M. Clarity of This Regulation

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ``COMMENTS'' section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you believe lists or tables would be 
useful, etc.

N. Public Availability of Comments

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

[[Page 10477]]

O. Required Determinations Under the Administrative Procedure Act

    We are publishing this interim final rule with a request for 
comment without prior notice and comment, as allowed under 5 U.S.C. 
553(b)(B). Under section 553(b)(B), we find that prior notice and 
comment are unnecessary because this is a minor, technical action that 
imposes an unnecessary burden on applicants. This rule reduces burden 
on eligible applicants by extending the time period in which a request 
for burial assistance may be submitted. Delay in publishing this rule 
would unnecessarily continue imposing a hardship on eligible applicants 
who have recently lost a relative. Delaying the rule by publication of 
a proposed rule would therefore be contrary to the public interest.
    We have requested comments on this interim final rule. We will 
review any comments received and if we receive significant adverse 
comments, we will by a future publication in the Federal Register, 
either initiate a proposed rulemaking or revise or withdraw this rule.

List of Subjects in 25 CFR Part 20

    Indians, Public assistance programs, Reporting and recordkeeping 
requirements.

    For the reasons given in the preamble, the Department of the 
Interior amends 25 CFR part 20 as follows:

PART 20--FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS

0
1. The authority citation for part 20 continues to read as follows:

    Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 
102-477; Pub. L. 104-193; Pub. L. 105-83.


0
2. Revise paragraph (a) of Sec.  20.325 to read as follows:


Sec.  20.325  Who can apply for Burial Assistance?

* * * * *
    (a) To apply for burial assistance under this section, you must 
submit the application to the social services worker. You must submit 
this application within 180 days following death.
* * * * *

    Dated: February 23, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2016-04335 Filed 2-29-16; 8:45 am]
BILLING CODE 4337-15-P