Rule2023-12928
American Indian Probate Regulations; Corrections
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 20, 2023
Effective
June 20, 2023
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 117 (Tuesday, June 20, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<a href="/cdn-cgi/l/email-protection#cebcafada6aba291a2bba5aba0bd8ea1a6afe0aaa1a7e0a9a1b8"><span class="__cf_email__" data-cfemail="ccbeadafa4a9a093a0b9a7a9a2bf8ca3a4ade2a8a3a5e2aba3ba">[email protected]</span></a>. 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 ``<a href="https://www.doi.gov/oha/organization/Ph.D">https://www.doi.gov/oha/organization/Ph.D</a>.'' and adding in its place ``<a href="https://www.doi.gov/oha/organization/PHD">https://www.doi.gov/oha/organization/PHD</a>''.
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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