American Indian Probate Regulations; Corrections, 39768-39769 [2023-12928]

Download as PDF 39768 Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Rules and Regulations Telecommunications Relay Service (both voice and text telephone users can initiate this call from any telephone). Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD– 3027, found online at https:// www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all the information requested in the form. To request a copy of the complaint form, call (866) 632–9992. Submit your completed form or letter to USDA by mail to: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410 or email: OAC@ usda.gov. USDA is an equal opportunity provider, employer, and lender. List of Subjects 7 CFR Part 701 Disaster assistance, Environmental protection, Forests and forest products, Grant programs—agriculture, Grant programs—natural resources, Reporting and recordkeeping requirements, Rural areas, Soil conservation, Water resources, Wildlife. 7 CFR Part 760 Dairy products, Indemnity payments, Reporting and recordkeeping requirements. PART 701—EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART 1. The authority citation for part 701 continues to read as follows: ■ Authority: 16 U.S.C. 2201–2206; Sec. 101, Pub. L. 109–148, 119 Stat. 2747; and Pub. L. 111–212, 124 Stat. 2302. Subpart B—Emergency Conservation Program § 701.111 Amended] 2. Amend § 701.111 as follows: a. In paragraph (a) introductory text remove the words ‘‘or State’’; ■ b. In paragraph (a)(3) remove the ‘‘expenses.’’ and add ‘‘expenses; or’’ in its place; and ■ c. In paragraph (a)(4) remove the words ‘‘other program’’ and add ‘‘other Federal program’’ in their place. lotter on DSK11XQN23PROD with RULES1 ■ ■ VerDate Sep<11>2014 15:47 Jun 16, 2023 Jkt 259001 Subpart C—Emergency Forest Restoration Program phrase ‘‘years 2021 and 2022’’, and add ‘‘year 2021’’ in their places. § 701.211 Zach Ducheneaux, Executive Vice President, Commodity Credit Corporation. Amended] 3. Amend § 701.211 as follows: a. In paragraph (a) remove the words ‘‘funding for’’ and add the words ‘‘federal funding for’’ in their place; ■ b. In paragraph (a)(5), remove the words ‘‘other program’’ and add ‘‘other Federal program’’ in their place; and ■ c. In paragraph (b), remove the words ‘‘duplicate funds’’ and add ‘‘duplicate Federal funds’’ in their place and remove the words ‘‘all programs’’ and add ‘‘all Federal programs’’ in their place. ■ ■ PART 760—INDEMNITY PAYMENT PROGRAMS 4. The authority citation for part 760 continues to read as follows: ■ Authority: 7 U.S.C. 4501 and 1531; 16 U.S.C. 3801, note; 19 U.S.C. 2497; Title III, Pub. L. 109–234, 120 Stat. 474; Title IX, Pub. L. 110–28, 121 Stat. 211; Sec. 748, Pub. L. 111–80, 123 Stat. 2131; Title I, Pub. L. 115– 123, 132 Stat. 65; Title I, Pub. L. 116–20, 133 Stat. 871; Division B, Title VII, Pub. L. 116– 94, 133 Stat. 2658; and Division B, Title I, Pub. L. 117–43, 135 Stat. 344. Subpart S—Emergency Relief Program 5. Amend § 760.1903 as follows: a. In paragraph (a)(4), remove the word ‘‘under’’ and add ‘‘for eligible crops under’’ in its place; ■ b. In paragraph (a)(5), remove the word ‘‘loans,’’ and add ‘‘loans for eligible crops,’’ in its place; and ■ c. Add paragraph (j). The addition reads as follows. ■ ■ § 760.1903 Allowable gross revenue. * * * * * (j) The Deputy Administrator may determine that certain eligible crops produced by a producer that do not generate revenue for the producer directly from the sale of the crop and that the producer uses within their ordinary operation may be included in a producer’s allowable gross revenue. This determination is at the Deputy Administrator’s discretion. The value of the eligible crop reported in the producer’s allowable gross revenue will be based on the producer’s actual production of the crop and a price for the crop based on the best available data for each crop, as determined by the Deputy Administrator and published through guidance on FSA’s website. § 760.1906 Amended] 6. In paragraphs (a)(2), (b)(1)(ii), and (b)(2)(ii) of § 760.1906, remove the ■ PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 [FR Doc. 2023–12912 Filed 6–16–23; 8:45 am] BILLING CODE 3411–E2–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 15 Office of the Secretary 43 CFR Part 30 [BIA–2019–0006; 234A2100DD/ AAKC001030/A0A501010.999900] RIN 1094–AA55 American Indian Probate Regulations; Corrections Bureau of Indian Affairs, Office of the Secretary, Interior. ACTION: Correcting amendments. AGENCY: On December 20, 2021, the Department of the Interior (Department) published a final rule to update the regulations governing probate of property that the United States holds in trust or restricted status for American Indians. We are publishing several corrections to that final rule in this document. These corrections are editorial in nature and involve no substantiative changes to any applicable regulations. DATES: These corrections are effective on June 20, 2023. FOR FURTHER INFORMATION CONTACT: Rachel Lukens, Counsel to the Director, Office of Hearings and Appeals, 801 N Quincy Street, Suite 300, Arlington, VA 22203; (703) 223–9934; email: rachel_ lukens@oha.doi.gov. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: The Department of the Interior finalized updates to its regulations on December 20, 2021 (86 FR 72068) governing probate of property that the United States holds in trust or restricted status for American Indians, in an effort to continually improve the services the SUMMARY: E:\FR\FM\20JNR1.SGM 20JNR1 Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Rules and Regulations Department provides to individual Indians and Tribes. These updates allow the Office of Hearings and Appeals (OHA) to adjudicate probate cases more efficiently. Following publication, the OHA Probate Hearings Division (Ph.D.) realized that, due to the reorganization of the regulations, multiple crossreferences within the regulations were now incorrect. In a number of instances editorial changes created ambiguity in the final language. And the final published version does not contain the correct website address for Ph.D. This action makes the necessary editorial corrections to the Department’s regulations. Administrative Procedure We have determined, pursuant to 5 U.S.C. 553(b)(3)(B), that prior notice and opportunity for public comment are impractical and unnecessary. Public comment could not inform this correction process in any meaningful way. We have further determined that, under 5 U.S.C. 553(d)(3), the agency has good cause to make this rule effective upon publication, as it is important for the proper administration of our programs for our rulemaking documents published in the Federal Register to be complete and accurate. List of Subjects 25 CFR Part 15 Estates, Indian Law. 43 CFR Part 30 Administrative practice and procedure, Claims, Estates, Indians, Lawyers. For the reasons given in the preamble, the Department amends part 15 of title 25 and part 30 of title 43 of the Code of Federal Regulations as follows: and adding in its place ‘‘listed in paragraph (e)(1) or (2)’’. § 15.404 § 30.243 § 15.405 Title 43—Public Lands: Interior PART 30—INDIAN PROBATE HEARINGS PROCEDURES Authority: 5 U.S.C. 301, 503; 25 U.S.C. 9, 372–74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457. Subpart A—Scope of Part; Definitions 6. Amend § 30.100 by revising paragraph (c)(3) to read as follows: ■ * * * * (c) * * * (3) §§ 30.183 through 30.189, except for §§ 30.186(a), (b)(2), and (c) and 30.187. * * * * * Subpart C—Preparing the Probate File § 15.202 [Amended] 2. Amend § 15.202, in paragraph (b) introductory text, by adding the word ‘‘in’’ before the phrase ‘‘the probate file’’. ■ VerDate Sep<11>2014 15:47 Jun 16, 2023 Jkt 259001 [Amended] Subpart H—Renunciation of Interest [Amended] [Amended] 9. Amend § 30.211: a. In paragraph (c), by removing the website address ‘‘https://www.doi.gov/ oha/organization/Ph.D.’’ and adding in its place ‘‘https://www.doi.gov/oha/ organization/PHD’’. ■ b. In paragraph (e) introductory text, by removing the phrase ‘‘listed in paragraph (e)’’ and adding in its place ‘‘listed in paragraph (f)’’; and ■ c. In paragraph (e)(3), by removing the phrase ‘‘listed in paragraph (d)(1) or (2)’’ ■ ■ Fmt 4700 12. Amend § 30.403: a. In paragraph (a) introductory text, by removing the phrase ‘‘as provided in paragraphs (b) and (c)’’ and adding in its place ‘‘as provided in paragraph (e)’’; and ■ b. In paragraph (f), by removing the phrase ‘‘conditions in paragraph (c)’’ and add in its place ‘‘conditions in paragraph (e)’’. ■ ■ § 30.413 [Amended] 13. Amend § 30.413, in paragraph (a)(2), by removing the reference ‘‘§ 30.403(c)’’ and adding in its place ‘‘§ 30.403(e)’’. ■ [Amended] 14. Amend § 30.415, in paragraph (a)(3), by removing the word ‘‘Any’’ and adding the words ‘‘You are any’’ in its place. ■ § 30.416 [Amended] 15. Amend § 30.416, in the introductory text, by removing the period and adding a colon in its place. Sfmt 9990 § 30.417 [Amended] 16. Amend § 30.417, in paragraph (a) introductory text, by removing the acronym ‘‘OST’’ and adding in its place ‘‘BTFA’’. This action is taken pursuant to delegated authority. ■ Subpart J—Formal Probate Proceedings Frm 00003 [Amended] ■ 8. Amend § 30.186, in paragraph (b)(1), by removing the reference ‘‘§ 30.182 or § 30.183’’ and adding in its place ‘‘§ 30.183 or § 30.184’’. PO 00000 11. Amend § 30.248: ■ a. In paragraph (a)(5), by removing the reference ‘‘§ 30.245(c)’’ and adding in its place ‘‘§ 30.247(c)’’. ■ b. In paragraph (b)(2)(ii), by removing the word ‘‘filling’’ and adding in its place the word ‘‘filing’’. § 30.415 7. Amend § 30.101, in the definition of ‘‘Lineal descendent’’, by removing the word ‘‘descendent’’ and adding in its place the word ‘‘descendant’’. ■ § 30.211 Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 372–74, 410, 2201 et seq.; 44 U.S.C. 3101 et seq. How do I use this part? * ■ [Amended] ■ § 30.403 5. The authority citation for part 30 continues to read as follows: § 30.101 10. Amend § 30.243, in the introductory text, by removing the comma after the words ‘‘reopened if’’. Subpart M—Purchase at Probate ■ § 30.100 [Amended] ■ § 30.248 4. Amend § 15.405: a. In paragraph (a) introductory text, by removing the word ‘‘it’’ and adding in its place the acronym ‘‘BIA’’; and ■ b. In paragraph (a)(3), by removing the words ‘‘to a’’ and adding in their place the word ‘‘the’’. Chapter I—Bureau of Indian Affairs, Department of the Interior 1. The authority citation for part 15 continues to read as follows: [Amended] ■ ■ Title 25—Indians ■ [Amended] 3. Amend § 15.404, in paragraph (c), by adding the word ‘‘a’’ before the phrase ‘‘certification of service’’. ■ § 30.186 PART 15—PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE OSAGE NATION AND THE FIVE CIVILIZED TRIBES lotter on DSK11XQN23PROD with RULES1 Subpart E—Probate Processing and Distribution 39769 Bryan Newland, Assistant Secretary—Indian Affairs. Joan M. Mooney, Principal Deputy Assistant Secretary, Exercising the Delegated Authority of the Assistant Secretary—Policy, Management and Budget. [FR Doc. 2023–12928 Filed 6–16–23; 8:45 am] BILLING CODE 4337–15–P E:\FR\FM\20JNR1.SGM 20JNR1

Agencies

[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Rules and Regulations]
[Pages 39768-39769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12928]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 15

Office of the Secretary

43 CFR Part 30

[BIA-2019-0006; 234A2100DD/AAKC001030/A0A501010.999900]
RIN 1094-AA55


American Indian Probate Regulations; Corrections

AGENCY: Bureau of Indian Affairs, Office of the Secretary, Interior.

ACTION: Correcting amendments.

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

SUMMARY: On December 20, 2021, the Department of the Interior 
(Department) published a final rule to update the regulations governing 
probate of property that the United States holds in trust or restricted 
status for American Indians. We are publishing several corrections to 
that final rule in this document. These corrections are editorial in 
nature and involve no substantiative changes to any applicable 
regulations.

DATES: These corrections are effective on June 20, 2023.

FOR FURTHER INFORMATION CONTACT: Rachel Lukens, Counsel to the 
Director, Office of Hearings and Appeals, 801 N Quincy Street, Suite 
300, Arlington, VA 22203; (703) 223-9934; email: 
[email protected]. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: The Department of the Interior finalized 
updates to its regulations on December 20, 2021 (86 FR 72068) governing 
probate of property that the United States holds in trust or restricted 
status for American Indians, in an effort to continually improve the 
services the

[[Page 39769]]

Department provides to individual Indians and Tribes. These updates 
allow the Office of Hearings and Appeals (OHA) to adjudicate probate 
cases more efficiently. Following publication, the OHA Probate Hearings 
Division (Ph.D.) realized that, due to the reorganization of the 
regulations, multiple cross-references within the regulations were now 
incorrect. In a number of instances editorial changes created ambiguity 
in the final language. And the final published version does not contain 
the correct website address for Ph.D. This action makes the necessary 
editorial corrections to the Department's regulations.

Administrative Procedure

    We have determined, pursuant to 5 U.S.C. 553(b)(3)(B), that prior 
notice and opportunity for public comment are impractical and 
unnecessary. Public comment could not inform this correction process in 
any meaningful way. We have further determined that, under 5 U.S.C. 
553(d)(3), the agency has good cause to make this rule effective upon 
publication, as it is important for the proper administration of our 
programs for our rulemaking documents published in the Federal Register 
to be complete and accurate.

List of Subjects

25 CFR Part 15

    Estates, Indian Law.

43 CFR Part 30

    Administrative practice and procedure, Claims, Estates, Indians, 
Lawyers.

    For the reasons given in the preamble, the Department amends part 
15 of title 25 and part 30 of title 43 of the Code of Federal 
Regulations as follows:

Title 25--Indians

Chapter I--Bureau of Indian Affairs, Department of the Interior

PART 15--PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE OSAGE 
NATION AND THE FIVE CIVILIZED TRIBES

0
1. The authority citation for part 15 continues to read as follows:

    Authority:  5 U.S.C. 301; 25 U.S.C. 2, 9, 372-74, 410, 2201 et 
seq.; 44 U.S.C. 3101 et seq.

Subpart C--Preparing the Probate File


Sec.  15.202  [Amended]

0
2. Amend Sec.  15.202, in paragraph (b) introductory text, by adding 
the word ``in'' before the phrase ``the probate file''.

Subpart E--Probate Processing and Distribution


Sec.  15.404  [Amended]

0
3. Amend Sec.  15.404, in paragraph (c), by adding the word ``a'' 
before the phrase ``certification of service''.


Sec.  15.405  [Amended]

0
4. Amend Sec.  15.405:
0
a. In paragraph (a) introductory text, by removing the word ``it'' and 
adding in its place the acronym ``BIA''; and
0
b. In paragraph (a)(3), by removing the words ``to a'' and adding in 
their place the word ``the''.

Title 43--Public Lands: Interior

PART 30--INDIAN PROBATE HEARINGS PROCEDURES

0
5. The authority citation for part 30 continues to read as follows:

    Authority:  5 U.S.C. 301, 503; 25 U.S.C. 9, 372-74, 410, 2201 et 
seq.; 43 U.S.C. 1201, 1457.

Subpart A--Scope of Part; Definitions

0
6. Amend Sec.  30.100 by revising paragraph (c)(3) to read as follows:


Sec.  30.100  How do I use this part?

* * * * *
    (c) * * *
    (3) Sec. Sec.  30.183 through 30.189, except for Sec. Sec.  
30.186(a), (b)(2), and (c) and 30.187.
* * * * *


Sec.  30.101  [Amended]

0
7. Amend Sec.  30.101, in the definition of ``Lineal descendent'', by 
removing the word ``descendent'' and adding in its place the word 
``descendant''.

Subpart H--Renunciation of Interest


Sec.  30.186  [Amended]

0
8. Amend Sec.  30.186, in paragraph (b)(1), by removing the reference 
``Sec.  30.182 or Sec.  30.183'' and adding in its place ``Sec.  30.183 
or Sec.  30.184''.

Subpart J--Formal Probate Proceedings


Sec.  30.211  [Amended]

0
9. Amend Sec.  30.211:
0
a. In paragraph (c), by removing the website address ``https://www.doi.gov/oha/organization/Ph.D.'' and adding in its place ``https://www.doi.gov/oha/organization/PHD''.
0
b. In paragraph (e) introductory text, by removing the phrase ``listed 
in paragraph (e)'' and adding in its place ``listed in paragraph (f)''; 
and
0
c. In paragraph (e)(3), by removing the phrase ``listed in paragraph 
(d)(1) or (2)'' and adding in its place ``listed in paragraph (e)(1) or 
(2)''.


Sec.  30.243  [Amended]

0
10. Amend Sec.  30.243, in the introductory text, by removing the comma 
after the words ``reopened if''.


Sec.  30.248  [Amended]

0
11. Amend Sec.  30.248:
0
a. In paragraph (a)(5), by removing the reference ``Sec.  30.245(c)'' 
and adding in its place ``Sec.  30.247(c)''.
0
b. In paragraph (b)(2)(ii), by removing the word ``filling'' and adding 
in its place the word ``filing''.

Subpart M--Purchase at Probate


Sec.  30.403  [Amended]

0
12. Amend Sec.  30.403:
0
a. In paragraph (a) introductory text, by removing the phrase ``as 
provided in paragraphs (b) and (c)'' and adding in its place ``as 
provided in paragraph (e)''; and
0
b. In paragraph (f), by removing the phrase ``conditions in paragraph 
(c)'' and add in its place ``conditions in paragraph (e)''.


Sec.  30.413  [Amended]

0
13. Amend Sec.  30.413, in paragraph (a)(2), by removing the reference 
``Sec.  30.403(c)'' and adding in its place ``Sec.  30.403(e)''.


Sec.  30.415  [Amended]

0
14. Amend Sec.  30.415, in paragraph (a)(3), by removing the word 
``Any'' and adding the words ``You are any'' in its place.


Sec.  30.416  [Amended]

0
15. Amend Sec.  30.416, in the introductory text, by removing the 
period and adding a colon in its place.


Sec.  30.417  [Amended]

0
16. Amend Sec.  30.417, in paragraph (a) introductory text, by removing 
the acronym ``OST'' and adding in its place ``BTFA''.
    This action is taken pursuant to delegated authority.

Bryan Newland,
Assistant Secretary--Indian Affairs.
Joan M. Mooney,
Principal Deputy Assistant Secretary, Exercising the Delegated 
Authority of the Assistant Secretary--Policy, Management and Budget.
[FR Doc. 2023-12928 Filed 6-16-23; 8:45 am]
BILLING CODE 4337-15-P


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