Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 65641 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AR69 

Expanded Burial Benefits 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

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-serviceconnected 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
65642 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 

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-serviceconnected 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, serviceconnected 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 § 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 

§§ 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 § 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, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 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-serviceconnected 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-serviceconnected 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-serviceconnected 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-serviceconnected 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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
65644 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 

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 × 30/60). VA 

estimates the increased annual reporting 

and recordkeeping burden based on the 

proposed rule to be 1,829 burden hours 

(3,658 × 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 × $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 × 

$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 


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Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 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 

× 5/60). VA estimates the increased 

annual reporting and recordkeeping 

burden based on the proposed rule to be 

4 burden hours (50 × 5/60). This 

submission does not involve any recordkeeping 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 × $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 

× $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 

■ 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. 

■ 2. Amend § 3.1700 by revising 

paragraph (b) to read as follows: 

§ 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 § 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. 

* * * * * 

■ 3. Amend § 3.1701 by: 

■ a. Removing the citation ‘‘38 U.S.C 

2302’’ and adding in its place ‘‘38 U.S.C 

2303’’; and 

■ b. Revising the authority citation. 

The revision reads as follows: 

§ 3.1701 Deceased veterans for whom VA 

may provide burial benefits. 

* * * * * 

(Authority: 38 U.S.C. 101(2), 2303, 2307, 

2308) 

■ 4. Amend § 3.1702 by revising 

paragraphs (a)(2), (b)(1) introductory 

text, (c)(2) introductory text, and the 

authority citation to read as follows: 

§ 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 § 3.1707, the 

transportation benefit under § 3.1709, 

and the service-connected burial 

allowance under § 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 § 3.1703. 

(b) * * * 

(1) Except for claims a State, an 

agency or political subdivision of a 

State, or a Tribal organization files 

under § 3.1707 or § 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 

§ 3.1707 may be executed by: 

* * * * * 

(Authority: 38 U.S.C. 2303, 2307, 2308) 

■ 5. Amend § 3.1703 by revising 

paragraphs (a)(1) and (b)(2) to read as 

follows: 

§ 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-serviceconnected burial allowance for veterans 

described within § 3.1705(b), 

§ 3.1706(b), or § 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. 

* * * * * 

■ 6. Amend § 3.1704 by revising 

paragraphs (c)(1) and (2) to read as 

follows: 

§ 3.1704 Burial allowance based on 

service-connected death. 

* * * * * 

(c) * * * 

(1) VA may pay the transportation 

benefit under § 3.1709; and 

(2) VA may pay the plot or interment 

allowance under § 3.1707. 

* * * * * 

■ 7. Amend § 3.1705 by: 

■ a. In paragraph (a), removing the 

citation ‘‘38 U.S.C 2302’’ and adding in 

its place ‘‘38 U.S.C. 2303’’; and 

■ b. Revising paragraph (e) and the 

authority citation. 


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65646 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 

The revisions read as follows: 

§ 3.1705 Burial allowance based on nonservice-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 § 3.1709; and 

(2) VA may pay the plot or interment 

allowance under § 3.1707. 

(Authority: 38 U.S.C. 2303, 2304, 2308) 

■ 8. Amend § 3.1706 by revising 

paragraphs (d)(1) and (2) and the 

authority citation to read as follows: 

§ 3.1706 Burial allowance for a veteran 

who dies while hospitalized by VA. 

* * * * * 

(d) * * * 

(1) VA may pay the transportation 

benefit under § 3.1709; and 

(2) VA may pay the plot or interment 

allowance under § 3.1707. 

(Authority: 38 U.S.C. 2303, 2308) 

■ 9. Amend § 3.1707 by revising 

paragraph (b) and the paragraph heading 

to paragraph (c) to read as follows. 

§ 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.* * * 

* * * * * 

■ 10. Amend § 3.1708 by: 

■ a. In paragraph (a), removing the 

citation ‘‘38 U.S.C. 2302’’ and adding in 

its place ‘‘38 U.S.C. 2303’’; and 

■ b. Revising paragraph (c) and the 

authority citation. 

The revisions read as follows: 

§ 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 

§ 3.1709. 

* * * * * 

(Authority: 38 U.S.C. 2303, 2308) 

■ 11. Amend § 3.1709 by: 

■ a. Revising the section heading. 

■ b. Revising paragraphs (a), (b), and (c); 

■ c. In paragraph (d)(1), removing the 

word ‘‘reimburse’’ and adding in its 

place ‘‘pay’’; 

The revisions read as follows: 

§ 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 § 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 

§ 3.1700(b)(2). 

(1) A veteran described in this 

paragraph is a deceased veteran who: 

(i) Died as the result of a serviceconnected 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. 

* * * * * 

■ 12. Amend § 3.1711 by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. In paragraph (b)(1), removing the 

citation ‘‘38 U.S.C. 2302’’ and adding, in 

its place, ‘‘38 U.S.C. 2303’’; and 

■ c. Revising the authority citation. 

The revisions read as follows: 

§ 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 

§ 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 


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