[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.

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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