[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.
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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: [email protected].
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,
[email protected].
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:
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Time (eastern
Date time) Location
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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
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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