Expanded Burial Benefits

• Published date: 25 September 2023
• FR Document: 2023-20444
• Citation: 88 FR 65641
• Pages: 65641-65646
• Section: Proposed rules
• Issuer: Veterans Affairs Department

Federal Register, Volume 88 Issue 184 (Monday, September 25, 2023)

[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
                [Proposed Rules]
                [Pages 65641-65646]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2023-20444]
                [[Page 65641]]
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                DEPARTMENT OF VETERANS AFFAIRS
                38 CFR Part 3
                RIN 2900-AR69
                Expanded Burial Benefits
                AGENCY: Department of Veterans Affairs.
                ACTION: Proposed rule.
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                SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
                adjudication regulations pertaining to burial benefits to conform to
                recent statutory changes enacted by the Johnny Isakson and David P.
                Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 and
                the Burial Equity for Guards and Reserves Act of the Consolidated
                Appropriations Act, 2022. The conforming regulatory changes would
                implement an expansion of the transportation benefit and provision of a
                single payment rate for non-service-connected burial allowances
                regardless of the location of a qualifying Veteran's death and would
                coincide with the effective date for the statutory amendments (January
                5, 2023). The conforming regulatory changes would also implement the
                extension of the VA plot or interment allowance to Tribal organizations
                for interment of eligible Veterans on trust land owned by, or held in
                trust for, the Tribal organization and would coincide with the
                effective date for the statutory amendments (March 15, 2022). VA also
                proposes some additional clarifying changes to its burial benefits
                regulations.
                DATES: Comments must be received on or before November 24, 2023.
                ADDRESSES: Comments must be submitted through www.regulations.gov.
                Except as provided below, comments received before the close of the
                comment period will be available at www.regulations.gov for public
                viewing, inspection, or copying, including any personally identifiable
                or confidential business information that is included in a comment. We
                post the comments received before the close of the comment period on
                www.regulations.gov as soon as possible after they have been received.
                VA will not post on Regulations.gov public comments that make threats
                to individuals or institutions or suggest that the commenter will take
                actions to harm the individual. VA encourages individuals not to submit
                duplicative comments. We will post acceptable comments from multiple
                unique commenters even if the content is identical or nearly identical
                to other comments. Any public comment received after the comment
                period's closing date is considered late and will not be considered in
                the final rulemaking.
                FOR FURTHER INFORMATION CONTACT: Eric Baltimore, Management and Program
                Analyst, Pension and Fiduciary Service (21PF), Veterans Benefits
                Administration, Department of Veterans Affairs, 810 Vermont Avenue NW,
                Washington, DC 20420; (202) 632-8863. (This is not a toll-free
                telephone number.)
                SUPPLEMENTARY INFORMATION: Under chapter 23 of title 38, United States
                Code, VA has authority to pay benefits to a deceased Veteran's survivor
                and certain other persons for a Veteran's burial, including a burial
                allowance for a non-service-connected death or a burial allowance for a
                service-connected death. Additionally, VA may pay a plot or interment
                allowance for a Veteran who was eligible for burial in a national
                cemetery under 38 U.S.C. chapter 24 but was not buried there. VA also
                provides a transportation benefit for the transportation of remains to
                the place of burial following the death of a qualifying Veteran. Sections 2201 and 2202 of the Johnny Isakson and David P. Roe, M.D.
                Veterans Health Care and Benefits Improvement Act of 2020 (Pub. L. 116-
                315) amended 38 U.S.C. chapter 23 to expand the transportation benefit
                for a qualifying Veteran and to increase the monetary payment rate for
                the cost of the burial and funeral of a qualifying Veteran with a non-
                service-connected death. Section 2201 became effective on January 5,
                2023, and section 2202 applies to deaths that occur on or after January
                5, 2023--two years after the date of the enactment of Public Law 116-
                315. Section 102(c) of the Burial Equity for Guards and Reserves Act
                (Division CC) of the Consolidated Appropriations Act, 2022 (Pub. L.
                117-103), 136 Stat. 1110, amended 38 U.S.C. chapter 23 to extend
                eligibility for the VA plot or interment allowance to Tribal
                organizations for the interment of an eligible Veteran on trust land
                owned by, or held in trust for, a Tribal organization. This change
                became effective on March 15, 2022--the date of the enactment of Public
                Law 117-103.
                Expanded Transportation Benefit Section 2201 of Public Law 116-315 expanded the transportation
                benefit under 38 U.S.C. 2308 to include transporting the remains of a
                qualifying Veteran to a ``covered veterans' cemetery,'' defined later
                in the preamble, in addition to a national cemetery. Section 2202 of
                Public Law 116-315 added additional classes of individuals who are
                eligible to receive the transportation benefit under 38 U.S.C. 2303(a). Previously, in situations where a Veteran (1) died as the result of
                a service-connected disability, (2) died while receiving service-
                connected disability compensation (or would have been receiving
                compensation on the date of death, but for the receipt of retirement
                pay or pension), or (3) upon death had no next of kin or other person
                claiming the body, a transportation benefit was payable for the cost of
                transporting the remains of the Veteran for burial in a national
                cemetery, but the benefit was limited to the cost of transportation to
                the national cemetery nearest the Veteran's last place of residence in
                which burial space was available. 38 U.S.C. 2308 (2022). Under a separate statutory authority, 38 U.S.C. 2303(a) (2022), a
                transportation benefit was also provided when a Veteran died while
                hospitalized by VA (i.e., in a VA facility to which the deceased
                Veteran was properly admitted for hospital, nursing home, or
                domiciliary care under 38 U.S.C. 1710 or 1711(a) or an institution at
                which the deceased Veteran was, at the time of death, receiving (a)
                hospital care in accordance with 38 U.S.C. 1703A, 8111, and 8153, (b)
                nursing home care under 38 U.S.C. 1720, or (c) nursing home care for
                which payments are made under 38 U.S.C. 1741). But this transportation
                benefit was not limited to transporting the remains of the Veteran for
                burial in a national cemetery, as was the case under section 2308
                (2022). Rather, section 2303(a) (2022) provided that, where the death
                occurs in a State, VA shall ``transport the body to the place of burial
                in the same or any other State.'' Under the new statutory changes per Public Law 116-315, the
                transportation benefit authorized under 38 U.S.C. 2308 is now payable
                for a Veteran buried in a covered Veterans' cemetery in addition to a
                national cemetery. Section 2201 of Public Law 116-315 defines a
                ``covered veterans' cemetery'' as ``a veterans' cemetery--in which (1)
                a deceased veteran described in [38 U.S.C. 2308](b) is eligible to be
                buried; (2) that--(A) is owned by a State; or (B) is on trust land
                owned by, or held in trust for, a tribal organization; and (3) for
                which the Secretary has made a grant under [38 U.S.C. 2408].'' Thus,
                these statutory changes allow for the transportation benefit authorized
                under 38 U.S.C. 2308 to include transportation expenses to grant-funded
                state and Tribal Veterans' cemeteries. In addition, section 2202 of Public Law 116-315 transfers
                subsection (b) of 38 U.S.C. 2302 (2022) to 38 U.S.C. 2303
                [[Page 65642]]
                and removes the remaining subsections of 38 U.S.C. 2302 (2022). These
                changes result in 38 U.S.C. 2303 providing a comprehensive section for
                non-service-connected burial benefits. But, also as a result of these
                statutory changes, the transportation benefit under 38 U.S.C. 2303(a)
                for transporting the remains of the Veteran to the place of burial
                (which is not limited to national cemeteries or covered veterans'
                cemeteries) not only includes Veterans who died while hospitalized by
                VA, but now also includes any Veteran who was receiving service-
                connected disability compensation on the date of death (or but for the
                receipt of retirement pay would have been entitled to such
                compensation) or was receiving pension, as well as any Veteran whom the
                Secretary determines has no next of kin or other person claiming the
                body of the deceased Veteran and that there are not available
                sufficient resources to cover burial and funeral expenses. 38 U.S.C.
                2303(a)(2). However, eligibility for the transportation benefit under
                38 U.S.C. 2303(a) continues to be conditioned on the death occurring in
                a State and continues to be limited to the transportation of the body
                ``to the place of burial in the same or any other State.'' As a result of the statutory changes under section 2202 of Public
                Law 116-315, individuals eligible for the transportation benefit under
                38 U.S.C. 2308 are now also eligible for the transportation benefit
                under section 2303(a), aside from a narrow set of Veterans who either
                (1) died from a service-connected disability but were not in receipt of
                disability compensation or pension at the time of death and do not
                otherwise qualify for one of the other provisions under section
                2303(a), or (2) died outside of a State. Meanwhile, those individuals
                eligible for the transportation benefit under both 38 U.S.C. 2303(a)
                and 2308 would be paid under the more advantageous language of section
                2303(a) (see proposed 38 CFR 3.1709(b)(1)(A)), because section 2308
                would limit the allowable payment to the cost of transportation to the
                national cemetery nearest the Veteran's last place of residence in
                which burial space is available. In order to align VA regulations with the statutory amendments in
                38 U.S.C. 2308 and 38 U.S.C. 2303(a)(2), VA proposes to amend 38 CFR
                3.1700, 3.1704, 3.1705, 3.1706, 3.1708 and 3.1709. First, for Veterans
                eligible for the transportation benefit under 38 U.S.C. 2308, the
                amended regulatory language would include a covered Veterans' cemetery
                in addition to a national cemetery. Second, for Veterans now eligible
                for the transportation benefit under 38 U.S.C. 2303(a) to cover
                transportation to the place of burial, VA accordingly would amend the
                applicable regulatory language. And, with the understanding that the
                more generous provisions in 38 U.S.C. 2303(a) will govern in most
                cases, VA proposes to restructure 38 CFR 3.1709 to focus on the greater
                transportation benefit under 38 U.S.C. 2303(a), with conforming
                revisions to 38 CFR 3.1704, 3.1705, 3.1706, and 3.1708. The changes to
                38 CFR 3.1709(c) would carve out the exception for the remaining sub-
                group of Veterans who either (1) died from a service-connected
                disability but were not in receipt of pension, service-connected
                disability compensation, or military retired pay in lieu of
                compensation at the time of death, or (2) died outside of a State, and
                thus would only be eligible for the transportation benefit under 38
                U.S.C. 2308. VA's proposed revisions in 38 CFR 3.1709(c) would also clarify that
                a payment authorized under the greater transportation benefit in 38
                U.S.C. 2303(a) shall not duplicate any payment authorized under the
                lesser transportation benefit in 38 U.S.C. 2308, and vice versa.
                Because sections 2303(a) and 2308 both pertain to the cost of
                transporting remains for burial, construing them to require double
                payments would result in a logical contradiction, as VA would be paying
                more than the cost of transportation. And the operative language in 38
                U.S.C. 2308(a) states that the Secretary ``may'' pay, rather than
                ``shall'' pay, thus allowing VA to avoid duplicative payments.
                Accordingly, revised 38 CFR 3.1709(c) would make clear that duplicate
                payments for the same transportation cost are not permitted. As part of VA's restructuring of 38 CFR 3.1709, VA proposes to
                remove the provision in 38 CFR 3.1706(d)(1)(ii), which addresses
                scenarios in which a Veteran dies within a State while hospitalized by
                VA and is buried in Canada or Mexico and authorizes payment to
                transport the Veteran's remains from the place of death within a State
                to the port of embarkation within a State, or to the border limits of
                the United States. The language in 38 U.S.C. 2303(a)(1)(B) limits
                transportation to the place of burial in the same or any other State
                when the Veteran's death occurs in a State; it does not authorize
                transportation, either in whole or in part, when the place of burial is
                in a foreign country. Nor did the transportation amendments to 38
                U.S.C. 2303(a) in Public Law 116-315 provide such authorization.
                Because the language in Sec. 3.1706(d)(1)(ii) exceeds the statutory
                authorization provided in plain language of section 2303(a)(1)(B), VA
                proposes to remove that regulatory provision. Finally, VA is proposing to amend Sec. Sec. 3.1702, 3.1703,
                3.1704, 3.1705, 3.1706, 3.1708 and 3.1709 to reflect a nomenclature
                change from ``transportation reimbursement,'' ``reimbursement for
                transportation,'' or ``reimbursement of transportation expenses'' to
                ``transportation benefit'' or ``payment for transportation expenses''
                and, in Sec. 3.1703(b)(2), to change ``receipt'' to ``supporting
                documentation''. Claimants do not need to first pay for transportation
                expenses before receiving the benefit; rather, per the statutory
                language in 38 U.S.C. 2308(a), claimants are only required to incur the
                transportation expense. Thus, using the term ``transportation benefit''
                is more appropriate than ``transportation reimbursement,'' and the term
                ``supporting documentation'' is more appropriate than ``receipt.''
                Increased Non-Service-Connected Burial Benefit Prior to enactment of section 2202 of Public Law 116-315, VA paid
                two different non-service-connected burial monetary allowances that
                were dependent on the location of the Veteran's death: $300.00 for the
                basic non-service-connected burial benefit and $893.00 if the Veteran
                met the eligibility requirements of a VA hospitalization death. 38
                U.S.C. 2302(a) (2022), 2303(a), (c) (2022). Section 2202 of Public Law
                116-315 amended 38 U.S.C. chapter 23 to pay the greater of the two
                monetary allowances in effect at that time for all non-service-
                connected burial benefits, regardless of the location of the Veteran's
                death. Non-service-connected burial benefits are payable to a qualifying
                individual that incurred expenses for an eligible Veteran's burial or
                funeral. Eligibility for non-service connected burial benefits is based
                on a Veteran's other than dishonorable discharge, see 38 CFR 3.1701,
                and at least one of the following requirements: was receiving VA
                pension or disability compensation at the time of death; would have
                been receiving disability compensation but for the receipt of military
                retired pay; died with either a pending original claim, a claim to
                reopen a previously denied claim, or a claim in which a person would be
                eligible to substitute for the deceased Veteran, resulting in the grant
                of disability compensation or pension effective before the date of
                death; died while hospitalized by VA (including circumstances such as
                receiving care under VA contract at a non-VA facility,
                [[Page 65643]]
                or while a patient at a VA-approved State nursing home, or traveling
                under proper authorization and at VA expense to or from a specified
                place for the purpose of examination, treatment, or care); or, there is
                no next of kin or other person claiming the remains of a deceased
                Veteran and there are not sufficient resources available in the
                Veteran's estate to cover the burial and funeral expenses. 38 CFR
                3.1705, 3.1706, 3.1708; see also 38 U.S.C. 2302(a) (2022), 2303(a)
                (2022), 2303(a). Historically, beneficiaries were paid different non-service-
                connected burial allowances, primarily based on the location of a
                Veteran's death. Compare 38 U.S.C. 2302(a) (2022) with 2303(a) (2022).
                This led to distinct allowances for individuals eligible for non-
                service-connected burial benefits. Prior to the effective date of the
                statutory changes under section 2202 of Public Law 116-315, an eligible
                claimant was granted a greater non-service-connected burial allowance
                based on a VA hospitalization death. 38 CFR 3.1706; see also 38 U.S.C.
                2303(a) (2022). Further, while the non-service-connected burial benefit
                based on hospitalization death has received percentage increases based
                on the Consumer Price Index, see 38 U.S.C. 2303(a), (c) (2022),
                Congress last increased the basic non-service-connected burial benefit
                in 1978 (from $250.00 to $300.00), see Public Law 95-479. The amendments under section 2202 of Public Law 116-315 transferred
                subsection (b) of 38 U.S.C. 2302 (2022) to 38 U.S.C. 2303 and removed
                the remaining subsections of 38 U.S.C. 2302 (2022). These changes
                resulted in 38 U.S.C. 2303 providing a comprehensive section for non-
                service-connected burial benefits and a single payable allowance to all
                non-service-connected burial beneficiaries. In order to align VA regulations with the statutory amendments in
                38 U.S.C. 2303, and the removal of 38 U.S.C. 2302 (2022), VA proposes
                to amend 38 CFR 3.1703, 3.1705, 3.1708 and 3.1711. These regulatory
                changes would conform with the amendments included in Public Law 116-
                315 and provide a single payment rate for non-service-connected burial
                benefits, regardless of the location of a Veteran's death.
                Expanded Plot or Interment Allowance for Tribal Organizations Section 102(c) of the Burial Equity for Guards and Reserves Act
                (Division CC) within Public Law 117-103 extended eligibility for
                payment of the VA plot or interment allowance to a Tribal organization
                for the interment of an eligible Veteran in a qualifying cemetery or
                section of a cemetery that is on trust land owned by, or held in trust
                for, a Tribal organization. Prior to the enactment of Public Law 117-103, eligibility to claim
                the VA plot or interment allowance for an eligible Veteran buried
                (without charge for the cost of a plot or interment) in a qualifying
                cemetery, or section of a cemetery, was limited to those owned by a
                State, or agency or political subdivision of a State. See 38 U.S.C.
                2303(b) (2021). Effective March 15, 2022, the amendments in Public Law 117-103 now
                extend eligibility for payment of the VA plot or interment allowance to
                Tribal organizations for the burial of an eligible Veteran in a
                qualifying cemetery or section of a cemetery that is on trust land
                owned by, or held in trust for, a Tribal organization. This change
                ultimately provides Tribal organizations the same eligibility to burial
                benefits as state Veterans' cemeteries. In order to align VA regulations with the statutory amendments in
                38 U.S.C. 2303, VA proposes to amend 38 CFR 3.1702, 3.1706, and 3.1707.
                These regulatory changes would conform with the amendments included in
                Public Law 117-103 and extend the VA plot or interment allowance to a
                Tribal organization for the interment of eligible Veterans.
                Executive Orders 12866, 13563, and 14094 Executive Order 12866 (Regulatory Planning and Review) directs
                agencies to assess the costs and benefits of available regulatory
                alternatives and, when regulation is necessary, to select regulatory
                approaches that maximize net benefits (including potential economic,
                environmental, public health and safety effects, and other advantages;
                distributive impacts; and equity). Executive Order 13563 (Improving
                Regulation and Regulatory Review) emphasizes the importance of
                quantifying both costs and benefits, reducing costs, harmonizing rules,
                and promoting flexibility. Executive Order 14094 (Executive Order on
                Modernizing Regulatory Review) supplements and reaffirms the
                principles, structures, and definitions governing contemporary
                regulatory review established in Executive Order 12866 of September 30,
                1993 (Regulatory Planning and Review), and Executive Order 13563 of
                January 18, 2011 (Improving Regulation and Regulatory Review). The
                Office of Information and Regulatory Affairs has determined that this
                rulemaking is a significant regulatory action under Executive Order
                12866, as amended by Executive Order 14094. The Regulatory Impact
                Analysis associated with this rulemaking can be found as a supporting
                document at www.regulations.gov.
                Regulatory Flexibility Act The Secretary hereby certifies that this proposed rule would not
                have a significant economic impact on a substantial number of small
                entities as they are defined in the Regulatory Flexibility Act (5
                U.S.C. 601-612). As this proposed rulemaking would expand and increase
                benefits, it would not have a significant economic impact on a
                substantial number of small entities as the benefits received by the
                entities entitled to them were found to be de minimis. Therefore,
                pursuant to 5 U.S.C. 605(b), the initial and final regulatory
                flexibility analysis requirements of 5 U.S.C. 603 and 604 do not apply.
                Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
                1532, that agencies prepare an assessment of anticipated costs and
                benefits before issuing any rule that may result in the expenditure by
                State, local, and Tribal governments, in the aggregate, or by the
                private sector, of $100 million or more (adjusted annually for
                inflation) in any one year. This proposed rule would have no such
                effect on State, local, and Tribal governments, or on the private
                sector.
                Paperwork Reduction Act This proposed rule includes provisions constituting a revised
                collection of information under the Paperwork Reduction Act of 1995 (44
                U.S.C. 3501-3521) that require approval by the Office of Management and
                Budget (OMB). Accordingly, under 44 U.S.C. 3507(d), VA has submitted a
                copy of this rulemaking action to OMB for review and approval. The
                proposed rule would not involve a substantive or material modification
                of the approved collection. OMB assigns control numbers to collection of information it
                approves. VA may not conduct or sponsor, and a person is not required
                to respond to, a collection of information unless it displays a
                currently valid OMB control number. If OMB does not approve the
                collection of information as requested, VA will immediately remove the
                provisions containing the collection of information or take such other
                action as is directed by OMB. Comments on the revised collection of information contained in this
                rulemaking should be submitted through www.regulations.gov.
                [[Page 65644]]
                Comments should indicate that they are submitted in response to ``RIN
                2900-AR69, Expanded Burial Benefits'' and should be sent within 60 days
                of publication of this rulemaking. The revised collection of
                information associated with this rulemaking can be viewed at:
                www.reginfo.gov/public/do/PRAMain. OMB is required to make a decision concerning the revised
                collection of information contained in this rulemaking between 30 and
                60 days after publication of this rulemaking in the Federal Register.
                Therefore, a comment to OMB is best assured of having its full effect
                if OMB receives it within 30 days of publication. This does not affect
                the deadline for the public to comment on the provisions of this
                rulemaking. The Department considers comments by the public on revised
                collection of information in-- Evaluating whether the revised collections of information
                are necessary for the proper performance of the functions of the
                Department, including whether the information will have practical
                utility; Evaluating the accuracy of the Department's estimate of
                the burden of the revised collection of information, including the
                validity of the methodology and assumptions used; Enhancing the quality, usefulness, and clarity of the
                information to be collected; and Minimizing the burden of the collection of information on
                those who are to respond, including through the use of appropriate
                automated, electronic, mechanical, or other technological collection
                techniques or other forms of information technology, e.g., permitting
                electronic submission of responses. The revised collection of information associated with this
                rulemaking contained in 38 CFR 3.1700, 3.1701, 3.1702, 3.1703, 3.1704,
                3.1705, 3.1706, 3.1707, 3.1708, 3.1709, 3.1711 is described immediately
                following this paragraph, under its respective title. Title: Application for Burial Benefits (Under 38 U.S.C. Chapter
                23). VA Form No: 21P-530EZ. OMB Control No: 2900-0003. CFR Provisions: 38 CFR 3.1700, 3.1701, 3.1702, 3.1703, 3.1704,
                3.1705, 3.1706, 3.1707, 3.1708, 3.1709, 3.1711. Summary of revised collection of information: The revised
                collection of information in proposed provisions in 38 CFR 3.1700,
                3.1701, 3.1702, 3.1703, 3.1704, 3.1705, 3.1706, 3.1707, 3.1708, 3.1709,
                and 3.1711 would require the respondent to provide information
                indicating whether the Veteran was buried in a covered Veterans'
                cemetery. VA estimates this proposed expanded burial transportation
                benefit, which now includes covered Veterans' cemeteries, would
                increase the respondent burden by an additional 3,658 respondents in
                fiscal year 2024 subsequently increasing the estimated total annual
                reporting and recordkeeping burden. Description of need for information and proposed use of
                information: VA, through the Veterans Benefits Administration (VBA),
                administers an integrated program of benefits and services, established
                by law, for Veterans, service personnel, and their dependents and/or
                beneficiaries. Under the authority of 38 U.S.C. 2302, 2303, 2304, 2307,
                and 2308, VA will pay burial benefits upon the death of a Veteran to
                certain eligible claimants. The information would be used by VA to
                determine if the claimant is eligible to receive expanded
                transportation benefits due to the Veteran's burial in a covered
                Veterans' cemetery. Description of likely respondents: The respondent
                population for VA Form 21P-530EZ would be primarily composed of
                survivors of deceased Veterans establishing eligibility to VA burial
                benefits. Estimated number of respondents: Number of respondents is
                estimated at 132,055 per year. These totals were derived from a query
                of our claims database and represent the actual number of each form
                received in an average year plus an additional estimated 3,658
                respondents based on the change in section 2201 of Public Law 116-315. Estimated frequency of responses: One time per year. Estimated average burden per response: 30 minutes. Estimated total annual reporting and recordkeeping burden:
                66,027.50 burden hours (132,055 x 30/60). VA estimates the increased
                annual reporting and recordkeeping burden based on the proposed rule to
                be 1,829 burden hours (3,658 x 30/60). This submission does not involve
                any record-keeping costs. Estimated cost to respondents per year: VA estimates the
                annual cost to respondents to be $1,849,430 (66,027.50 burden hours for
                respondents x $28.01 per hour). VA estimates that the proposed rule
                would increase the number of respondents in FY24 by 3,658. The increase
                in cost to respondents per year based on the additional 3,658
                respondents would result in an estimated information collection burden
                cost increase of $51,230.29 (1,829 burden hours x $28.01 per hour). * To estimate the total information collection burden cost, VA used
                the Bureau of Labor Statistics (BLS) median hourly wage for hourly wage
                for ``all occupations'' of $28.01 per hour. This information is
                available at https://www.bls.gov/oes/current/oes_nat.htm#13-0000. The revised collection of information associated with this
                rulemaking contained in 38 CFR 3.1700, 3.1701, 3.1702, 3.1703, 3.1704,
                3.1705, 3.1706, 3.1707, 3.1708, 3.1709, 3.1711 is described immediately
                following this paragraph, under its respective title. Title: State or Tribal Organization Application for Interment
                Allowance (Under 38 U.S.C. Chapter 23). VA Form No: 21P-530a. OMB Control No: 2900-0565. CFR Provision: 38 CFR 3.1700, 3.1701, 3.1702, 3.1703, 3.1704,
                3.1705, 3.1706, 3.1707, 3.1708, 3.1709, 3.1711. Summary of revised collection of information: The revised
                collection of information in proposed provisions 38 CFR 3.1700, 3.1701,
                3.1702, 3.1703, 3.1704, 3.1705, 3.1706, 3.1707, 3.1708, 3.1709, and
                3.1711 would require the respondent to provide information to determine
                if a Tribal organization is eligible for interment allowance for an
                eligible Veteran buried on trust land owned by, or held in trust for, a
                Tribal organization. VA estimates this proposed extended plot or
                interment allowance benefit, which now includes Tribal organizations,
                would increase the respondent burden by an additional 50 respondents in
                fiscal year 2024 subsequently increasing the estimated total annual
                reporting and recordkeeping burden. Description of need for information and proposed use of
                information: VA, through VBA, administers an integrated program of
                benefits and services, established by law, for Veterans, service
                personnel, and their dependents and/or beneficiaries. Under the
                authority of 38 U.S.C. 2302, 2303, 2304, 2307, and 2308, VA would pay
                burial benefits upon the death of a Veteran to certain eligible
                claimants. The information would be used by VA to determine if a Tribal
                organization is eligible to receive plot or interment benefit due to
                the Veteran's burial on trust land owned by, or held in trust for, a
                Tribal organization. Description of likely respondents: The respondent
                population for VA Form 21P-530a would be composed of individuals from
                State or Tribal Organizations that are applying for benefits to
                establish entitlement to the plot or internment allowance for eligible
                Veterans who have been buried in a
                [[Page 65645]]
                State Veterans' cemetery or on Tribal Trust land. Estimated number of respondents: Number of respondents is
                estimated at 33,594 per year. These totals were derived from a query of
                our claims database and represent the actual number of each form
                received in an average year plus an additional estimated 50 respondents
                based on the change in section 102(c) of the Burial Equity for Guards
                and Reserves Act (Division CC) of Public Law 117-103. Estimated frequency of responses: One time per year. Estimated average burden per response: 5 minutes. Estimated total annual reporting and recordkeeping burden:
                The burden hours are estimated to be 2,800 (33,594 x 5/60). VA
                estimates the increased annual reporting and recordkeeping burden based
                on the proposed rule to be 4 burden hours (50 x 5/60). This submission
                does not involve any record-keeping costs. Estimated cost to respondents per year: VA estimates the
                annual cost to respondents to be $78,428.00. (2,800 burden hours for
                respondents x $28.01 per hour). VA estimates that the proposed rule
                would increase the number of respondents in FY24 by 50. The increase in
                cost to respondents per year based on the additional 50 respondents
                would result in an estimated annual respondent burden cost increase of
                $112.04 (4 burden hours x $28.01 per hour). * To estimate the total information collection burden cost, VA used
                the Bureau of Labor Statistics (BLS) median hourly wage for hourly wage
                for ``all occupations'' of $28.01 per hour. This information is
                available at https://www.bls.gov/oes/current/oes_nat.htm#13-0000.
                List of Subjects in 38 CFR Part 3 Administrative practice and procedure, Claims, Veterans.
                Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved and signed
                this document on September 14, 2023, and authorized the undersigned to
                sign and submit the document to the Office of the Federal Register for
                publication electronically as an official document of the Department of
                Veterans Affairs.
                Jeffrey M. Martin,
                Assistant Director, Office of Regulation Policy & Management, Office of
                General Counsel, Department of Veterans Affairs. For the reasons stated in the preamble, the Department of Veterans
                Affairs proposes to amend 38 CFR part 3 as set forth below:
                Part 3--ADJUDICATION
                Subpart B--Burial Benefits
                0
                1. The authority citation for part 3, subpart B is revised to read as
                follows: Authority: 105 Stat. 386, 38 U.S.C. 501(a), 2303-2308, unless
                otherwise noted.
                0
                2. Amend Sec. 3.1700 by revising paragraph (b) to read as follows:
                Sec. 3.1700 Types of VA burial benefits.
                * * * * * (b) Definitions. For the purposes of this subpart: (1) Burial means all the legal methods of disposing of the remains
                of a deceased person, including, but not limited to, cremation, burial
                at sea, and medical school donation. (2) Covered veterans' cemetery is a designation for an eligible
                cemetery considered in the determination of transportation benefits
                under Sec. 3.1709 that meets the following criteria: (i) A deceased veteran as described in 38 U.S.C. 2308(b) is
                eligible to be buried within the cemetery; (ii) The cemetery is either owned by a State or is on trust land
                owned by, or held in trust for, a Tribal organization; and (iii) The cemetery is one for which the Secretary has made a grant
                under 38 U.S.C. 2408.
                * * * * *
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                3. Amend Sec. 3.1701 by:
                0
                a. Removing the citation ``38 U.S.C 2302'' and adding in its place ``38
                U.S.C 2303''; and
                0
                b. Revising the authority citation. The revision reads as follows:
                Sec. 3.1701 Deceased veterans for whom VA may provide burial
                benefits.
                * * * * *
                (Authority: 38 U.S.C. 101(2), 2303, 2307, 2308)
                0
                4. Amend Sec. 3.1702 by revising paragraphs (a)(2), (b)(1)
                introductory text, (c)(2) introductory text, and the authority citation
                to read as follows:
                Sec. 3.1702 Persons who may receive burial benefits; priority of
                payments.
                * * * * * (a) * * *
                * * * * * (2) VA may grant additional burial benefits, including the plot or
                interment allowance under Sec. 3.1707, the transportation benefit
                under Sec. 3.1709, and the service-connected burial allowance under
                Sec. 3.1704, to the surviving spouse or any other eligible person in
                accordance with paragraph (b) of this section and based on a claim
                described in Sec. 3.1703. (b) * * * (1) Except for claims a State, an agency or political subdivision
                of a State, or a Tribal organization files under Sec. 3.1707 or Sec.
                3.1708, VA will pay, upon the death of a veteran, the first living
                person to file of those listed below:
                * * * * * (c) * * *
                * * * * * (2) Claims for the plot or interment allowance (except for claims
                filed by a State, an agency or political subdivision thereof, or a
                Tribal organization) under Sec. 3.1707 may be executed by:
                * * * * *
                (Authority: 38 U.S.C. 2303, 2307, 2308)
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                5. Amend Sec. 3.1703 by revising paragraphs (a)(1) and (b)(2) to read
                as follows:
                Sec. 3.1703 Claims for burial benefits. (a) * * * (1) General rule. Except as provided in paragraph (a)(2) of this
                section, VA must receive a claim for the non-service-connected burial
                allowance for veterans described within Sec. 3.1705(b), Sec.
                3.1706(b), or Sec. 3.1708(b) no later than 2 years after the burial of
                the veteran. There are no other time limitations to file claims for
                burial benefits under subpart B of this part.
                * * * * * (b) * * *
                * * * * * (2) Payment for transportation expenses. In order to pay
                transportation costs, VA must receive supporting documentation,
                preferably on letterhead, showing who incurred the costs, the name of
                the deceased veteran, the specific transportation expenses incurred,
                and the dates of the services rendered.
                * * * * *
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                6. Amend Sec. 3.1704 by revising paragraphs (c)(1) and (2) to read as
                follows:
                Sec. 3.1704 Burial allowance based on service-connected death.
                * * * * * (c) * * * (1) VA may pay the transportation benefit under Sec. 3.1709; and (2) VA may pay the plot or interment allowance under Sec. 3.1707.
                * * * * *
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                7. Amend Sec. 3.1705 by:
                0
                a. In paragraph (a), removing the citation ``38 U.S.C 2302'' and adding
                in its place ``38 U.S.C. 2303''; and
                0
                b. Revising paragraph (e) and the authority citation.
                [[Page 65646]] The revisions read as follows:
                Sec. 3.1705 Burial allowance based on non-service-connected death.
                * * * * * (e) Additional benefits available based on non-service-connected
                death. In addition to the non-service-connected burial allowance
                authorized by this section: (1) VA may pay the transportation benefit under Sec. 3.1709; and (2) VA may pay the plot or interment allowance under Sec. 3.1707.
                (Authority: 38 U.S.C. 2303, 2304, 2308)
                0
                8. Amend Sec. 3.1706 by revising paragraphs (d)(1) and (2) and the
                authority citation to read as follows:
                Sec. 3.1706 Burial allowance for a veteran who dies while
                hospitalized by VA.
                * * * * * (d) * * * (1) VA may pay the transportation benefit under Sec. 3.1709; and (2) VA may pay the plot or interment allowance under Sec. 3.1707.
                (Authority: 38 U.S.C. 2303, 2308)
                0
                9. Amend Sec. 3.1707 by revising paragraph (b) and the paragraph
                heading to paragraph (c) to read as follows.
                Sec. 3.1707 Plot or interment allowances for burial in a State
                veterans cemetery or other cemetery.
                * * * * * (b) Plot or interment allowance for burial in a State or Tribal
                veterans cemetery. VA will pay the plot or interment allowance in the
                amount specified in 38 U.S.C. 2303(b)(1) (without regard to whether any
                other burial benefits were provided for that veteran) to a State, an
                agency or political subdivision of a State, or a Tribal organization
                that provided a burial plot or interment for the veteran without charge
                if the State, agency or political subdivision of the State, or Tribal
                organization: (1) Is claiming the plot or interment allowance for burial of the
                veteran in a cemetery, or section of a cemetery, owned by the State,
                agency or subdivision of the State, or on trust land owned by, or held
                in trust for, a Tribal organization; (2) Did not charge for the expense of the plot or interment; and (3) Uses the cemetery or section of a cemetery solely for the
                interment of: (i) Persons eligible for burial in a national cemetery; and (ii) In a claim based on a veteran's death after October 31, 2000,
                either: (A) Deceased members of a reserve component of the Armed Forces not
                otherwise eligible for interment in a national cemetery; (B) Deceased former members of a reserve component of the Armed
                Forces not otherwise eligible for interment in a national cemetery who
                were discharged or released from service under conditions other than
                dishonorable; or (C) Individuals described in 38 U.S.C. 2408(i)(2). (c) Plot or interment allowance payable based on burial in other
                than a State or Tribal veterans cemetery.* * *
                * * * * *
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                10. Amend Sec. 3.1708 by:
                0
                a. In paragraph (a), removing the citation ``38 U.S.C. 2302'' and
                adding in its place ``38 U.S.C. 2303''; and
                0
                b. Revising paragraph (c) and the authority citation. The revisions read as follows:
                Sec. 3.1708 Burial of a veteran whose remains are unclaimed.
                * * * * * (c) Additional benefit for transportation of unclaimed remains. In
                addition to the burial allowance authorized by this section, VA may pay
                the transportation benefit under Sec. 3.1709.
                * * * * *
                (Authority: 38 U.S.C. 2303, 2308)
                0
                11. Amend Sec. 3.1709 by:
                0
                a. Revising the section heading.
                0
                b. Revising paragraphs (a), (b), and (c);
                0
                c. In paragraph (d)(1), removing the word ``reimburse'' and adding in
                its place ``pay''; The revisions read as follows:
                Sec. 3.1709 Transportation expenses for burial. (a) General. VA will pay the transportation expenses, subject to
                paragraph (d) of this section, of a veteran's remains to the place of
                burial for a veteran described in paragraph (b) of this section or for
                burial in a national cemetery or a covered veterans' cemetery, as
                defined in Sec. 3.1700(b)(2), for a veteran described in paragraph (c)
                of this section. (b) Eligibility for transportation to the place of burial under 38
                U.S.C. 2303(a). VA will pay the expense incurred to transport an
                eligible veteran's remains to the place of burial, subject to paragraph
                (d) of this section, where the death occurs within a State and the
                place of burial is in the same State or any other State. (1) A veteran described in this paragraph is a deceased veteran who
                meets any of the following criteria: (i) A veteran covered under 38 CFR 3.1705(b), or a veteran who died
                of a service-connected disability and who also satisfies the criteria
                listed under 38 CFR 3.1705(b)). (ii) A veteran covered under 38 CFR 3.1706(b). (iii) A veteran covered under 38 CFR 3.1708(b). (2) A payment authorized under paragraph (b) of this section shall
                not duplicate any payment authorized under paragraph (c) of this
                section. (c) Eligibility for transportation benefit under 38 U.S.C. 2308.
                For a veteran described below, VA will pay for the expense incurred,
                subject to paragraph (d) of this section, to transport a veteran's
                remains for burial in a national cemetery or a covered veterans'
                cemetery, as defined in Sec. 3.1700(b)(2). (1) A veteran described in this paragraph is a deceased veteran
                who: (i) Died as the result of a service-connected disability and who is
                not eligible for the transportation benefit under paragraph (b) of this
                section; or (ii) Died outside of a State. (2) The amount payable under this paragraph (c) will not exceed the
                cost of transporting the remains to the national cemetery closest to
                the veteran's last place of residence in which burial space is
                available and is subject to the limitations set forth in paragraph (d)
                of this section. (3) A payment authorized under this paragraph (c) shall not
                duplicate any payment authorized under paragraph (b) of this section.
                * * * * *
                0
                12. Amend Sec. 3.1711 by:
                0
                a. Revising paragraph (a) introductory text;
                0
                b. In paragraph (b)(1), removing the citation ``38 U.S.C. 2302'' and
                adding, in its place, ``38 U.S.C. 2303''; and
                0
                c. Revising the authority citation. The revisions read as follows:
                Sec. 3.1711 Effect of contributions by government, public, or private
                organizations. (a) Contributions by government or employer. With respect to claims
                for a plot or interment allowance under Sec. 3.1707, if VA has
                evidence that the U.S., a State, any agency or political subdivision of
                the U.S. or of a State, Tribal organization, or the employer of the
                deceased veteran has paid or contributed payment to the veteran's plot
                or interment expenses, VA will pay the claimant up to the lesser of:
                * * * * *
                (Authority: 38 U.S.C. 2303)
                [FR Doc. 2023-20444 Filed 9-22-23; 8:45 am]
                BILLING CODE 8320-01-P