Recognition of Tribal Organizations for Representation of VA Claimants, 12626 [2016-05163]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Proposed Rules]
[Page 12626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05163]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 14


Recognition of Tribal Organizations for Representation of VA 
Claimants

AGENCY: Department of Veterans Affairs.

ACTION: Notice of Tribal consultation.

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SUMMARY: The Department of Veterans Affairs (VA) is considering issuing 
a proposed rulemaking to amend its regulations concerning recognition 
of certain national, State, and regional or local organizations for 
purposes of VA claims representation. Specifically, the proposed 
rulemaking would amend VA's regulations to expressly provide for the VA 
recognition of Tribal organizations so that representatives of Tribal 
organizations may assist Native American claimants in the preparation, 
presentation, and prosecution of their VA benefit claims. In addition, 
the proposed rule would allow an employee of a Tribal government to 
become accredited through a recognized State organization.

DATES: Comments must be received by VA on or before April 11, 2016.

ADDRESSES: Written comments should be submitted by email at 
Tribalgovernmentconsultation@va.gov, by fax at 202-273-5716, or by mail 
at U.S. Department of Veterans Affairs, Suite 915E, 810 Vermont Avenue 
NW., Washington, DC 20420.

FOR FURTHER INFORMATION CONTACT: Clay Ward, VA Office of Tribal 
Government Relations at (202) 461-7445 (this is not a toll-free 
number), or by email at Tribalgovernmentconsultation@va.gov, or by mail 
at Suite 915B, 810 Vermont Avenue NW., Washington, DC 20420.

SUPPLEMENTARY INFORMATION: VA is considering issuing a proposed 
rulemaking that would amend part 14 of title 38, Code of Federal 
Regulations, to 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. The purpose of the proposed rulemaking would be to 
address the needs of Native American populations who are geographically 
isolated from existing recognized Veterans Service Organizations or who 
may not be utilizing other recognized Veterans Service Organizations 
due to cultural barriers or lack of familiarity with those 
organizations.
    First, the proposed rulemaking would allow the Secretary of 
Veterans Affairs to recognize Tribal organizations in a similar manner 
as the Secretary recognizes State organizations. Specifically, the 
proposed rulemaking would consider applications from 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 proposed rulemaking would allow an 
employee of a Tribal government to become accredited through a 
recognized State organization in a similar manner as a county veterans' 
service officer may become accredited through a recognized State 
organization. Finally, the proposed rulemaking would extend office 
space opportunities already granted to employees of State organizations 
who are accredited to national organizations to similar employees of 
Tribal organizations. The intended effect of this proposed rule would 
be to improve access of Native American veterans to VA-recognized 
organizations and VA-accredited individuals who may assist them on 
their benefit claims. The proposed rulemaking would not preempt Tribal 
law. This Tribal consultation is seeking input from Tribal governments 
regarding VA's consideration of the issuance of such proposed 
rulemaking. VA is also seeking comment on the potential compliance 
costs.
    In order to become accredited as a Tribal organization, the 
organization must show that it meets the requirements in 38 CFR 
14.628(d). Pursuant to Sec.  14.628(d), an organization requesting 
recognition must have as a primary purpose serving veterans; 
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; commit a 
significant portion of its assets to veterans' services and have 
adequate funding to properly perform those services; 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; and take affirmative action, 
including training and monitoring of accredited representatives, to 
ensure proper handling of claims. VA is seeking comment on the amount 
of time and the costs of persons' time to show that the organization 
meets these requirements. VA's Office of the General Counsel accepts 
recognition requests via mail, fax, or email.
    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. Robert D. Snyder, Interim Chief of Staff, approved 
this document on March 3, 2016, for publication.

    Approved: March 3, 2016.
William F. Russo,
Director, Office of Regulation Policy & Management, Department of 
Veterans Affairs.
[FR Doc. 2016-05163 Filed 3-9-16; 8:45 am]
 BILLING CODE 8320-01-P