64 FR 29876
(6/3/99)

System name:

Trespass Cases

System location:

Commissioner's Office, Reclamation Service Center, and Regional Offices: Pacific Northwest, Mid-Pacific, Lower Colorado, Upper Colorado, and Great Plains. See appendix for addresses.

Categories of individuals covered by the system:

Individual who trespasses on Government-owned property.

Categories of records in the system:

Contains correspondence regarding trespass, interim problems, and final disposition of case.

Authority for maintenance of the system:

The Reclamation Act of 1902, as amended, and acts supplementary thereto, 43 U.S.C. 371, et seq.

Purpose(s):

The primary uses of the records are to document final disposition of trespass cases.

Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

Disclosures outside the Department of the Interior may be made to: (1) Another Federal agency to enable that agency to respond to an inquiry by the individual to whom the record pertains; (2) The Department of Justice, or to a court, adjudicative, or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when: (a) One of the following is a party to the proceeding or has an interest in the proceeding: (i) The Department or any component of the Department; (ii) Any Departmental employee acting in his or her official capacity; (iii) Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or (iv) The United States, when the Department determines that the Department is likely to be affected by the proceeding; and (b) The Department deems the disclosure to be: (i) Relevant and necessary to the proceedings; and (ii) Compatible with the purpose for which we compiled the information; (3) The appropriate Federal, State, tribal, local, or foreign governmental agency that is responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, order, or license, when we become aware of an indication of a violation or potential violation of the statute, rule, regulation, order, or license; (4) A congressional office in response to an inquiry to that office by the individual to whom the records pertains.

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:

Storage:

Complete file maintained in manual form in file folders.

Retrievability:

By individual's name.

Safeguards:

In accordance with the requirements of 43 CFR 2.51 for manual records.

Retention and disposal:

In accordance with approved retention and disposal schedules.

System manager(s) and address:

Realty Officers in the Commissioner's Office, Reclamation Service Center, and Regional Offices: Pacific Northwest, Mid-Pacific, Lower Colorado, Upper Colorado, and Great Plains. See appendix for addresses.

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).