Probate Regulation Updates, 39874-39875 [2016-14574]

Download as PDF 39874 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Proposed Rules merely corrects the applicability date of the Final Rule, Modification of Regulations Regarding Price Adjustments in Antidumping Duty Proceedings, 81 FR 15641 (March 24, 2016), which entailed a substantive change in the Department’s regulations, and for which it was determined that there would be no significant economic impact on a substantial number of small entities. As a result, this proposed correction of the applicability date of the Final Rule similarly would not have a significant economic impact on a substantial number of small entities. For this reason, an Initial Regulatory Flexibility Analysis is not required and one has not been prepared. Dated: June 13, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–14427 Filed 6–17–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 15 43 CFR Part 30 [167A2100DD/AAKC001030/ A0A501010.999900 253G] Probate Regulation Updates Bureau of Indian Affairs, Interior. ACTION: Notice of Tribal consultation. AGENCY: The Department of the Interior (‘‘Department’’) plans to conduct two Tribal consultation sessions with federally recognized Tribes across the country. These meetings will provide a forum for Tribes to share insights and make recommendations related to the probate of Indian estates. DATES: Written comments must be received by August 1, 2016. Please see the SUPPLEMENTARY INFORMATION section of this notice for dates of Tribal consultation sessions. SUMMARY: Date 2:00 p.m.–4:00 p.m ............................... 2:00 p.m.–4:00 p.m ............................... The Department will also be hosting a listening session on Monday, June 27, in Spokane, Washington, in conjunction with the National Congress of American Indians mid-year conference. The Department will accept written comments received by the date listed in the DATES section of this notice. As described below, we have identified three areas for modification that will have an immediate impact in streamlining the probate process. We are seeking comments with regard to the following topics, and welcome insight on other aspects of the probate regulatory framework that could be improved. Probate Revisions Currently Under Consideration asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 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: Tribal Consultation Sessions The Department will be hosting two Tribal consultation sessions by teleconference. Tribes were notified of these consultation sessions by letter on June 8, 2016. The sessions are: Time (eastern time) Tuesday, July 12, 2016 .......................... Wednesday, July 13, 2016 ..................... You may submit comments by one of the following methods: • Email: consultation@bia.gov. • By hard copy: Submit by U.S. mail or hand delivery to: Ms. Elizabeth Appel, Office of Regulatory Affairs and Collaborative Action, U.S. Department of the Interior, 1849 C Street NW., MS– 3071–MIB, Washington, DC 20240. Please see the SUPPLEMENTARY INFORMATION section of this notice for information on the Tribal consultation sessions. ADDRESSES: 1. Increasing the Monetary Limit for Distribution of IIM Account Funds to Pay for Funeral Services From $1,000 to $5,000 The regulation, at 25 CFR 15.301 currently establishes a monetary limit of $1,000 for distribution of Individual Indian Money (IIM) account funds to pay for funeral expenses. There is an ongoing concern that $1,000 is not sufficient to pay for funeral expenses. VerDate Sep<11>2014 19:01 Jun 17, 2016 Jkt 238001 Location Call-in Number: (800) 857–7479 Passcode: 6543434 Call-in Number: (800) 857–7479 Passcode: 6543434 While individuals may submit funeral related claims to be paid from estate account funds at any time before the conclusion of the first hearing by the Office of Hearings and Appeals (OHA), the Bureau of Indian Affairs (BIA) is aware that family members sometimes suffer financial hardship and lengthy delays as the estate is finalized and claims are approved. Revisions under consideration: • The BIA is considering a modification to this subpart that would increase the amount of funds available to use for funeral expenses. One proposed modification would amend current regulations by increasing the amount an individual my request from the decedent’s IIM to no more than $5,000 for funeral expenses. The account must still contain a minimum balance of $2,500 in order to approve an expense under this section. • In the interests of preserving estate account funds for heirs and other claimants, an alternative option would be to likewise raise the maximum payout to $5,000, but with the limitation that the total payments could not exceed 40% of the available account balance. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 2. Allowing BIA To Make Minor Estate Inventory Corrections The current regulation, at 43 CFR 30.126, requires a judge to issue a modification order if trust or restricted property belonging to a decedent is omitted from the inventory of an estate. As a result, it can take significant time to make minor estate inventory corrections to include omitted property. Revision under consideration: • The BIA is considering a regulatory modification to grant the BIA the authority to make estate inventory modifications when heirship has already been determined by an OHA order. The BIA would notify all interested parties to an estate in the event property interests were to be added. As in this current regulatory section, any modification that would result in property taking a different line of descent would still require OHA issuing a decision to re-determine heirs. For example, if adding property to a decedent’s estate would cause that interest to become 5% or more of the parcel, and thus no longer subject to the American Indian Probate Reform Act’s highly fractionated interest provisions, OHA would need to issue a new E:\FR\FM\20JNP1.SGM 20JNP1 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Proposed Rules decision to re-determine descent and distribution of those interests. There would be no change to the requirement that any removal of property from a decedent’s inventory would require action by OHA. See 43 CFR 30.127. 3. Clarify OHA’s Authority To Order Distribution of Trust Funds The current regulation at 43 CFR 30.254 governs how a judge distributes a decedent’s trust or restricted property when the decedent died without a valid will and has no heirs. The rule establishes different distributions based on whether 25 U.S.C. 2206(a) applies, but does not identify trust personalty as a stand-alone category of trust property for distribution (where there are no land interests in the decedent’s estate or within the jurisdiction of any tribe). Revision under consideration: • A modification to this regulation would provide clear authority for OHA to order distribution of trust funds when there are either no land interests in a decedent’s estate or no land interests within the jurisdiction of any tribe. Additionally, where the estate contains trust personalty associated with one tribe but interests in trust lands associated with another, OHA would order the trust personalty distributed to the tribe with sufficient nexus to the funds, as determined by the judge, and the land distributed to the tribe with jurisdiction over those interests. Dated: June 8, 2016. Lawrence S. Roberts, Acting Assistant Secretary—Indian Affairs. [FR Doc. 2016–14574 Filed 6–17–16; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 800 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS [Docket ID: OSM–2016–0006; S1D1S SS08011000 SX064A000 167S180110; S2D2S SS08011000 SX064A000 16XS501520] Petition To Initiate Rulemaking; Ensuring That Companies With a History of Financial Insolvency, and Their Subsidiary Companies, Are Not Allowed To Self-Bond Coal Mining Operations Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Notice; extension of comment period. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement SUMMARY: VerDate Sep<11>2014 19:01 Jun 17, 2016 Jkt 238001 (OSMRE), are announcing a 30-day extension of the comment period on a petition, submitted pursuant to the Surface Mining Control and Reclamation Act, (SMCRA or the Act), requesting that we amend our selfbonding regulations to ensure that companies with a history of financial insolvency, and their subsidiary companies, are not allowed to self-bond coal mining operations. We are requesting comments on the merits of the petition and the rule changes suggested in the petition. Comments received will assist the Director of OSMRE in making the decision whether to grant or deny the petition. DATES: The comment period for the proposed rule published May 20, 2016 (81 FR 31880) is extended. Electronic or written comments: We will accept written comments on the petition that are received on or before July 20, 2016. ADDRESSES: You may submit comments by any of the following methods: Federal eRulemaking Portal: http:// www.regulations.gov. The petition has been assigned Docket ID: OSM–2016– 0006. Please follow the online instructions for submitting comments. Mail/Hand-Delivery/Courier: Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 252 SIB, 1951 Constitution Avenue NW., Washington, DC 20240. Please include the Docket ID: OSM– 2016–0006. FOR FURTHER INFORMATION CONTACT: Michael Kuhns, Division of Regulatory Support, 1951 Constitution Ave. NW., Washington, DC 20240; Telephone: 202–208–2860; Email: mkuhns@ osmre.gov. SUPPLEMENTARY INFORMATION: On May 20, 2016, we published a notice seeking comments from the public on the proposed change specified in the petition. 81 FR 31880 (May 20, 2016). Specifically, the petition requests that we amend our self-bonding regulations at 30 CFR 800.23 to ensure that companies with a history of financial insolvency, and their subsidiary companies, are not allowed to self-bond coal mining operations. The original comment period is scheduled to close on June 20, 2016. However, we received a request that we extend the comment period to allow additional time to review the petition and provide informed comments on a complex issue. After reviewing the request, we are extending the deadline for submission of comments by 30 days in order to ensure that potentially impacted parties have an adequate opportunity to comment. The comment period will now close on July 20, 2016. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 39875 The petition and exhibits can be viewed and downloaded at http:// www.regulations.gov. The petition has been assigned Docket ID: OSM–2016– 0006. The petition and exhibits also are available for inspection at the location listed under ADDRESSES. We will review and consider all comments submitted to the addresses listed above (see ADDRESSES) by the close of the comment period (see DATES). Please include the Docket ID ‘‘OSM– 2016–0006’’ at the beginning of all written comments. We cannot ensure that comments received after the close of the comment period (see DATES) or at locations other than those listed above (see ADDRESSES) will be included in the docket or considered in the development of a proposed rule. Before including your address, phone number, 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. Dated: June 14, 2016. Joseph G. Pizarchik, Director, Office of Surface Mining Reclamation and Enforcement. [FR Doc. 2016–14525 Filed 6–17–16; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF EDUCATION 34 CFR Chapter II [Docket ID: ED–2015–OESE–0129; CFDA Number: 84.371C.] RIN 1810–AB25 Proposed Priorities, Requirements, Definitions, and Selection Criteria— Striving Readers Comprehensive Literacy Program Office of Elementary and Secondary Education, Department of Education. ACTION: Proposed priorities, requirements, definitions, and selection criteria. AGENCY: The Assistant Secretary for the Office of Elementary and Secondary Education (Assistant Secretary) proposes priorities, requirements, definitions, and selection criteria under the Striving Readers Comprehensive Literacy (SRCL) program. These proposed priorities, requirements, SUMMARY: E:\FR\FM\20JNP1.SGM 20JNP1

Agencies

[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Proposed Rules]
[Pages 39874-39875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14574]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 15

43 CFR Part 30

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


Probate Regulation Updates

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Tribal consultation.

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

SUMMARY: The Department of the Interior (``Department'') plans to 
conduct two Tribal consultation sessions with federally recognized 
Tribes across the country. These meetings will provide a forum for 
Tribes to share insights and make recommendations related to the 
probate of Indian estates.

DATES: Written comments must be received by August 1, 2016. Please see 
the SUPPLEMENTARY INFORMATION section of this notice for dates of 
Tribal consultation sessions.

ADDRESSES: You may submit comments by one of the following methods:
     Email: consultation@bia.gov.
     By hard copy: Submit by U.S. mail or hand delivery to: Ms. 
Elizabeth Appel, Office of Regulatory Affairs and Collaborative Action, 
U.S. Department of the Interior, 1849 C Street NW., MS-3071-MIB, 
Washington, DC 20240.
    Please see the SUPPLEMENTARY INFORMATION section of this notice for 
information on the Tribal consultation sessions.

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

SUPPLEMENTARY INFORMATION: 

Tribal Consultation Sessions

    The Department will be hosting two Tribal consultation sessions by 
teleconference. Tribes were notified of these consultation sessions by 
letter on June 8, 2016. The sessions are:

------------------------------------------------------------------------
                                     Time (eastern
              Date                       time)             Location
------------------------------------------------------------------------
Tuesday, July 12, 2016..........  2:00 p.m.-4:00 p.m  Call-in Number:
                                                       (800) 857-7479
                                                       Passcode: 6543434
Wednesday, July 13, 2016........  2:00 p.m.-4:00 p.m  Call-in Number:
                                                       (800) 857-7479
                                                       Passcode: 6543434
------------------------------------------------------------------------

    The Department will also be hosting a listening session on Monday, 
June 27, in Spokane, Washington, in conjunction with the National 
Congress of American Indians mid-year conference. The Department will 
accept written comments received by the date listed in the DATES 
section of this notice.
    As described below, we have identified three areas for modification 
that will have an immediate impact in streamlining the probate process. 
We are seeking comments with regard to the following topics, and 
welcome insight on other aspects of the probate regulatory framework 
that could be improved.

Probate Revisions Currently Under Consideration

1. Increasing the Monetary Limit for Distribution of IIM Account Funds 
to Pay for Funeral Services From $1,000 to $5,000

    The regulation, at 25 CFR 15.301 currently establishes a monetary 
limit of $1,000 for distribution of Individual Indian Money (IIM) 
account funds to pay for funeral expenses. There is an ongoing concern 
that $1,000 is not sufficient to pay for funeral expenses. While 
individuals may submit funeral related claims to be paid from estate 
account funds at any time before the conclusion of the first hearing by 
the Office of Hearings and Appeals (OHA), the Bureau of Indian Affairs 
(BIA) is aware that family members sometimes suffer financial hardship 
and lengthy delays as the estate is finalized and claims are approved.
    Revisions under consideration:
     The BIA is considering a modification to this subpart that 
would increase the amount of funds available to use for funeral 
expenses. One proposed modification would amend current regulations by 
increasing the amount an individual my request from the decedent's IIM 
to no more than $5,000 for funeral expenses. The account must still 
contain a minimum balance of $2,500 in order to approve an expense 
under this section.
     In the interests of preserving estate account funds for 
heirs and other claimants, an alternative option would be to likewise 
raise the maximum payout to $5,000, but with the limitation that the 
total payments could not exceed 40% of the available account balance.

2. Allowing BIA To Make Minor Estate Inventory Corrections

    The current regulation, at 43 CFR 30.126, requires a judge to issue 
a modification order if trust or restricted property belonging to a 
decedent is omitted from the inventory of an estate. As a result, it 
can take significant time to make minor estate inventory corrections to 
include omitted property.
    Revision under consideration:
     The BIA is considering a regulatory modification to grant 
the BIA the authority to make estate inventory modifications when 
heirship has already been determined by an OHA order. The BIA would 
notify all interested parties to an estate in the event property 
interests were to be added. As in this current regulatory section, any 
modification that would result in property taking a different line of 
descent would still require OHA issuing a decision to re-determine 
heirs. For example, if adding property to a decedent's estate would 
cause that interest to become 5% or more of the parcel, and thus no 
longer subject to the American Indian Probate Reform Act's highly 
fractionated interest provisions, OHA would need to issue a new

[[Page 39875]]

decision to re-determine descent and distribution of those interests. 
There would be no change to the requirement that any removal of 
property from a decedent's inventory would require action by OHA. See 
43 CFR 30.127.

3. Clarify OHA's Authority To Order Distribution of Trust Funds

    The current regulation at 43 CFR 30.254 governs how a judge 
distributes a decedent's trust or restricted property when the decedent 
died without a valid will and has no heirs. The rule establishes 
different distributions based on whether 25 U.S.C. 2206(a) applies, but 
does not identify trust personalty as a stand-alone category of trust 
property for distribution (where there are no land interests in the 
decedent's estate or within the jurisdiction of any tribe).
    Revision under consideration:
     A modification to this regulation would provide clear 
authority for OHA to order distribution of trust funds when there are 
either no land interests in a decedent's estate or no land interests 
within the jurisdiction of any tribe. Additionally, where the estate 
contains trust personalty associated with one tribe but interests in 
trust lands associated with another, OHA would order the trust 
personalty distributed to the tribe with sufficient nexus to the funds, 
as determined by the judge, and the land distributed to the tribe with 
jurisdiction over those interests.

    Dated: June 8, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2016-14574 Filed 6-17-16; 8:45 am]
BILLING CODE 4337-15-P