[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]



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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

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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,

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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.

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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--
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> Estimated frequency of responses: One time per year.
    <bullet> Estimated average burden per response: 30 minutes.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> Estimated frequency of responses: One time per year.
    <bullet> Estimated average burden per response: 5 minutes.
    <bullet> 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.
    <bullet> 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.
* * * * *
0
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)

0
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.
* * * * *
0
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.
* * * * *
0
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.* * *
* * * * *
0
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