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Timber Cutting and Fire Trespass Claims Case Files



#..INTERIOR/BIA-24

   #....System name: Timber Cutting and Fire Trespass Claims Case
      Files--Interior, BIA-24.

     System location:
       Central Office, Area, Agency and Field Offices of the BIA. (For a
   listing of specific locations, contact the Systems Manager.)
     Categories of individuals covered by the system:
       Indian landowners who have filed trespass claims for fire or
   cutting damage to Indian forest lands under Bureau of Indian Affairs
   supervision.
     Categories of records in the system:
       Investigation and Claims Case Files on trespass actions involving
   fire or cutting damage to Indian forestlands under Bureau of Indian
   Affairs supervision.
     Authority for maintenance of the system:
       13 U.S.C. 1, 1A, 13; Act of May 10, 1939; 58 Stat. 520.
     Routine uses of records maintained in the system, including
   categories of users and the purposes of such uses:
       The primary uses of the records are (a) to identify unauthorized
   timber cutting claims filed against trespassers and/or converters,
   (b) for property damage claims filed against careless or negligent
   originators of wildfire which trespasses Indian property, and (c)
   establishing amounts and types of timber trespassed and their value.
   Disclosures outside the Department of the Interior may be made (1)
   authorized legal representative of Tribal Groups or members if
   necessary for litigation, (2) to the Department of Justice when
   related to litigation or anticipated litigation, (3) of information
   indicating a violation or potential violation of a statute,
   regulation, rule, order or license, to appropriate Federal, State,
   local or foreign agencies responsible for investigating or
   prosecuting the violation or for enforcing or implementing the
   statute, rule, regulation, order or license.
     Policies and practices for storing, retrieving, accessing,
   retaining, and disposing of records in the system:
     Storage:
       Maintained in manual form in file folders.
     Retrievability:
       Indexed by name of landowner.
     Safeguards:
       Maintained with safeguards meeting the requirements of 43 CFR
   2.51 for manual records.
     Retention and disposal:
       Records are disposed of after claims have been settled or closed
   out in full.
     System manager(s) and address:
       Director, Office of Trust Responsibilities, Bureau of Indian
   Affairs, 18th and C Streets NW, Washington, DC 20245.
     Notification procedure:
       System Manager or with respect to records maintained in the
   office for which he is responsible, the Agency or the Area Office
   Director. A written and signed request stating that the requester
   seeks information concerning records pertaining to him is required.
   See 43 CFR 2.60.
     Record access procedures:
       A request for access may be addressed the same as the
   notification. The request must be in writing and be signed by the
   requester. The request must meet the content requirements of 43 CFR
   2.63.
     Contesting record procedures:
       A petition for amendment shall be addressed to the System Manager
   and meet the requirements of 43 CFR 2.71.
     Record source categories:
       Indian landowners.
     Systems exempted from certain provisions of the act:
       Under the general exemption authority provided by 5 U.S.C. 43 CFR
   2.79(b), which exempts this system from the provisions of 5 U.S.C.
   552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I) and (f) and the
   portions of 43 CFR part 2, subpart D which implement these
   subsections. The reasons for adoptions of this regulation are set out
   at 40 FR 50432 (October 29, 1975).