Timber Cutting and Fire Trespass Claims Case Files
#....System name: Timber Cutting and Fire Trespass Claims Case
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
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
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:
Maintained in manual form in file folders.
Indexed by name of landowner.
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.
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
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:
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).