INTERIOR/BLM-19, Civil Trespass Case Investigations

47 FR 55317 (December 8, 1982); Modification published 73 FR 17376 (April 1, 2008); and 86 FR 50156 (September 7, 2021)
 
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DEPARTMENT OF THE INTERIOR
 
Privacy Act of 1974, as Amended; Revisions to Existing System of Records
 
Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), notice is hereby given that the Department of the Interior proposes to revise existing Privacy Act notices of systems of records. Sixteen Bureau of Land Management notices of records systems are being revised to clarify the fact that information on indebtedness to the Federal Government is included in the records, and to add routine disclosure to consumer reporting agencies to expedite and facilitate the collection of monies owed to the Bureau. One notice, LLM-12, is also being revised to add a routine use for disclosure of information in response to Congressional inquiries made on behalf of individuals. The routine disclosures are compatible with the purposes for which the systems of records are maintained. A listing of the system notices being revised follows, and complete revised system notices are published in their entirety below.
 
System No. and system name Previous FEDERAL REGISTER publication
1.  LLM-2, Range Management System. 4-11-77 (42 FR 19110).
2.  LLM-3, Mineral Lease Management. 4-11-77 (42 FR 19110).
3.  LLM-4, Coal Lease Data System. 4-11-77 (42 FR 19111).
4.  LLM-7, Land and Resource Case File. 4-11-77 (42 FR 19112).
5.  LLM-9, Property and Supplies Accountability. 4-11-77 (42 FR 19112).
6.  LLM-12, Manpower Management. 4-11-77 (42 FR 19113).
7.  LLM-13, Safety Management Information. 4-11-77 (42 FR 19114).
8.  LLM-16, Mineral and Vegetal Material Sales. 4-11-77 (42 FR 19115).
9.  LLM-18, Criminal Case Investigations. 4-11-77 (42 FR 19115).
10.  LLM-19, Civil Trespass Case Investigations. 
4-11-77 (42 FR 19116).
11.  LLM-21, Travel. 4-11-77 (42 FR 19116).
12.  LLM-22, Financial Management. 4-11-77 (42 FR 19117).
13.  LLM-23, Contract Files. 4-11-77 (42 FR 19117).
14.  LLM-24, Copy Fee Deposit. 4-11-77 (42 FR 19118).
15.  LLM-28, Adopt a Wild Horse. 4-11-77 (42 FR 19119).
16.  LLM-29, Recordation of Mining Claims. 4-11-77 (42 FR 19119).
 
5 U.S.C. 552a(e)(11) requires that the public be provided a 30-day period in which to comment on proposed routine uses of information in systems of records. Therefore, written comments on the proposed additions of routine uses to the notices can be addressed to the Department Privacy Act Officer, Office of the Secretary (PIR), U.S. Department of the Interior, Washington, D.C. 20240. Comments received within 30 days of publication in the Federal Register will be considered. The notices shall be effective as proposed without further notice unless comments are received which would result in a contrary determination. 
 
Dated: December 2, 1982. 
Richard R. Hite, 
Deputy Assistant Secretary of the Interior.
 
INTERIOR/LLM-19
 
SYSTEM NAME:
Civil Trespass Case Investigations--Interior, BLM-19.
 
SYSTEM LOCATION:
The BLM Offices listed in the Appendix, Part B.
 
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
 Individuals suspected of and confirmed trespass on National Resource lands.
 
CATEGORIES OF RECORDS IN THE SYSTEM:
The record contains the individual's name, address, subject matter, control number, data concerning possible civil trespass, and information on debts due as result of fines or penalties.
 
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 
43 U.S.C. 1201.
 
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
The primary use of the records is to accumulate investigative data to determine whether a trespass has been committed. Disclosures outside the Department of the Interior may be made, 
  • (1) To the U.S. Department of Justice when related to litigation or anticipated litigation, 
  • (2)  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,
  • (3)  From the record of an individual in response to an inquiry from a Congressional office made at the request of that individual, and 
  • (4)  To consumer reporting agencies to facilitate collection of debts owed the Government.
  • (5)  To appropriate agencies, entities, and persons when:
    • (a)  It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and
    • (b)  The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft, or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
    • (c)  The disclosure is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
  • (6) To another Federal agency or Federal entity, when DOI determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in:
    • (a) Responding to a suspected or confirmed breach; or
    • (b) Preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
 
STORAGE:
Manual, file folders, arranged alphabetically by name with cross-index by type and control number.
 
RETRIEVABILITY:
Indexed by name of individual, subject matter, and control number.
 
SAFEGUARDS:
In accordance with 43 CFR 2.51.
 
RETENTION AND DISPOSAL:
Record destroyed fifty years after case is closed.
 
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Director--Technical Services, U.S. Department of the Interior, Bureau of  Land Management, 18th and C Streets, NW, Washington, DC 20240.
 
NOTIFICATION PROCEDURE:
To determine whether the records are maintained on you in this system, write to the Systems Manager or to the offices cited under Records Location.
 
RECORD ACCESS PROCEDURES:
To see your records write to the Systems Manager or to the offices cited under Records Location. Describe as specifically as possible the records sought. If copies are desired, indicate the maximum you are willing to pay.
 
CONTESTING RECORD PROCEDURES:
To request corrections or the removal of material from your files, write the System Manager.
 
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Under the specific exemption authority provided by 5 U.S.C. 552a(k)(2), the Department of the Interior has adopted a regulation, 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 C which implement these provisions. The reasons for adoption of this regulation are set out at 40 FR 37217 (August 26, 1975).
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