Probate Regulation Updates, 39874-39875 [2016-14574]
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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: https://
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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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
