15610 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations

form, SSA–131, OMB Number 0960–

0566, to collect the additional

information needed to correctly adjust

benefits in special wage payment

situations.

(Catalog of Federal Domestic Assistance

Program Nos. 96.001 Social Security—

Disability Insurance; 96.002 Social

Security—Retirement Insurance; 96.004

Social Security—Survivors Insurance)

List of Subjects in 20 CFR Part 404

Administrative practice and

procedure, Blind, Disability benefits,

Old-Age, Survivors and Disability

Insurance, Reporting and recordkeeping

requirements, Social security.

Dated: March 10, 1997.

John J. Callahan,

Acting Commissioner of Social Security.

For the reasons set out in the

preamble, part 404 of chapter III of title

20 of the Code of Federal Regulations is

amended as follows:

PART 404—FEDERAL OLD-AGE,

SURVIVORS AND DISABILITY

INSURANCE

1. The authority citation for subpart E

of part 404 continues to read as follows:

Authority: Secs. 202, 203, 204 (a) and (e),

205 (a) and (c), 222(b), 223(e), 224, 225, and

702(a)(5) of the Social Security Act (42 U.S.C.

402, 403, 404 (a) and (e), 405 (a) and (c),

422(b), 423(e), 424a, 425, and 902(a)(5)).

2. Section 404.452 is amended by

revising paragraphs (a)(1) and (a)(2),

revising the last sentence of paragraph

(b), and revising paragraph (d) to read as

follows:

§ 404.452 Reports to Social Security

Administration of earnings; wages; net

earnings from self-employment.

(a) * * *

(1) The individual attained the age of

70 in or before the first month of

entitlement to benefits in the taxable

year, or

(2) The individual’s benefit payments

were suspended under the provisions

described in § 404.456 for all months in

a taxable year in which the individual

was entitled to benefits and was under

age 70.

(b) * * * The filing of an income tax

return or a form W–2 with the Internal

Revenue Service may serve as the report

required to be filed under the provisions

of this section where the income tax

return or form W–2 shows the same

wages and net earnings from selfemployment that must be reported to

the Administration under this section.

* * * * *

(d) Information to be provided to us.

The report should show the name and

social security claim number of the

beneficiary about whom the report is

made; identify the taxable year for

which the report is made; show the total

amount of wages for which the

beneficiary rendered services during the

taxable year (if applicable), the amount

of net earnings from self-employment

for such year (if applicable); and show

the name and address of the individual

making the report. To overcome the

presumption that the beneficiary

rendered services for wages exceeding

the allowable amount and rendered

substantial services in self-employment

in each month (see § 404.435), we must

also be told the specific months in

which the beneficiary did not render

services in employment for wages of

more than the allowable amount (as

described in § 404.435) and did not

render substantial services in selfemployment (as described in §§ 404.446

and 404.447).

* * * * *

[FR Doc. 97–8271 Filed 4–1–97; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 12

RIN 1076–AD56

Indian Country Law Enforcement

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Indian Affairs

is establishing standards for Bureau of

Indian Affairs (BIA) and tribal law

enforcement programs receiving Federal

funding or performing duties using a

Federal law enforcement commission.

These regulations will ensure that law

enforcement, crime prevention and

recidivism reduction programs are

implemented and maintained in a

constitutionally sound manner and

comply with the Indian Law

Enforcement Reform Act of 1990, Public

Law 101–379 (25 U.S.C. 2801 et seq.).

EFFECTIVE DATE: These regulations take

effect on May 2, 1997.

FOR FURTHER INFORMATION CONTACT: The

Director, Office of Law Enforcement

Services at (505) 248–7937.

SUPPLEMENTARY INFORMATION: The

authority to issue rules and regulations

is vested in the Secretary of the Interior

by 5 U.S.C. 301 and sections 463 and

465 of the Revised Statutes, 25 U.S.C. 2

and 9.

Indian Police and Detention

Standards regulations were published in

1975 and 1976, respectively, and have

not been updated. See 25 CFR Part 12.

In 1990, the Indian Law Enforcement

Reform Act (Pub. L. 101–379, 25 U.S.C.

2801 et seq.) specified changes for the

Bureau of Indian Affairs and tribal law

enforcement and detention programs to

be implemented as rules by the

Secretary of the Interior who was given

the overall responsibility for providing

or assisting in the provision of law

enforcement services in Indian country

as defined in 18 U.S.C. 1151. Law

enforcement appears in Part 12, and

Detention and Rehabilitation appears in

Part 10, Chapter I of Title 25 Code of

Federal Regulations.

The Office of Law Enforcement

Services, Bureau of Indian Affairs, is

updating and revising the Bureau of

Indian Affairs Manual (BIAM), and

accompanying operational handbooks

that provide policy, procedures,

guidelines and standards for all law

enforcement programs. The manual and

accompanying handbooks will be

available to program managers and

supervisors, the public, other agencies,

and law enforcement officers or

investigators. Self-governance tribes

with compacts or other tribal entities

with enforcement jurisdiction other

than the Bureau of Indian Affairs or

contracts are encouraged to use the

manuals and handbooks for guidance in

developing or maintaining their own

programs. The Indian Country Detention

Facilities and Programs manuals and

handbooks may be found in Chapter 69

Bureau of Indian Affairs Manual (BIAM)

including an inmate handbook for all

individuals who are incarcerated in a

BIA or tribal detention facility.

Review of Public Comments

The Nez Perce Tribe expressed several

concerns with the proposed rule, many

relating to their anticipated contracting

of their law enforcement program under

self-determination. This rule will not

change BIA’s relationship with a tribe or

any tribe’s ability to self-govern. This

rule implements the Indian Law

Enforcement Reform Act (Pub. L. 101–

379) and suggests minimal professional

standards for law enforcement officers.

Each of the Nez Perce Tribe’s

comments are addressed here:

The tribe believes the local

superintendent or chief law
Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations 15611

enforcement officer should supervise

the criminal investigator. Title 25 U.S.C.

2802 stipulates that all BIA criminal

investigators must be supervised only

by other law enforcement officers of the

Division of Law Enforcement. The U.S.

Department of Justice has expressed its

support for this concept. This does not

affect any tribal or contracted criminal

investigator, as they are supervised

locally.

The tribe feels the minimum

guidelines do not ensure the best or

most adequate police protection. We

agree. They are only the minimum

standards required for an officer

commissioned by or operating under a

contract with the BIA. Tribes are

encouraged to create their own

standards that exceed BIA standards if

they desire. Tribes who have contracted

their program under self-determination

procedures may still determine their

own needs and adopt policies reflecting

these needs, and adhering to these

minimum professional standards should

not interfere with that process in any

way. This rule only establishes the

minimum standards for training and

qualifications which should be expected

of any professional law enforcement

program. This is analogous to any of the

50 United States, which have all

adopted minimum standards for their

Police Officer Standards and Training

(POST) organizations. While each

municipality within a State has total

control over its own police department,

any law enforcement officer employed

in that department must meet at least

the minimum standards established by

that State’s POST commission. This rule

serves a similar purpose.

The tribe expressed concern that

performance, not compliance, should be

the basis for denying or rejecting

funding for law enforcement programs.

We believe the two concepts are directly

related. It would not be reasonable to

expect an untrained or otherwise

unqualified law enforcement officer to

perform his/her duties at an adequate

level. Local community residents

should certainly expect officers working

in their community to be professional

and to meet at least these minimum

standards.

The tribe asks for specifics on how the

BIA will interpret tribal law. This rule

requires tribal permission for BIA

officers to enforce tribal law, and

encourages local arrangements and

agreements. We firmly believe these

decisions should be made at the local

level whenever possible.

The tribe expressed its belief that

tribes should manage their own budgets.

We agree, and nothing in this rule

would prevent that.

The tribe commented on the

requirement for a successful background

investigation on law enforcement

officers by indicating tribes should be

able to make law enforcement program

decisions based on their own unique

needs. We agree, but do not believe that

should include employing a law

enforcement officer with a criminal

history or who is otherwise unsuitable

as a law enforcement officer. We believe

the successful completion of a

background investigation is an entirely

reasonable requirement for any law

enforcement officer in any jurisdiction.

Again, this reflects similar standards

adopted by all 50 United States, and

mirrors requirements in the Reform Act.

The Department of Justice has expressed

its support for this concept, and

included this requirement in the

agreement between the Attorney

General and Secretary of the Interior

regarding the investigation and

prosecution of crime in Indian country.

The tribe expressed a belief that any

reasonable code of conduct can work,

but it must be enforced consistently. We

agree.

The tribe stated its belief that BIA

should monitor officer misconduct; that

if the tribe is the supervisor, it must

have the ability to impose sanctions for

misconduct; and that BIA should

provide investigative assistance and

support. We agree with the tribe on

these issues and this rule supports the

tribe fully in this regard.

Many of the tribe’s comments are

directed at some of the basic concepts

of the Indian Law Enforcement Reform

Act, specifically establishment of

standards for law enforcement officers

and procedures for the professional

supervision of BIA criminal

investigators. BIA is extremely sensitive

to these concerns and will continue to

work closely with all tribes on a

government-to-government basis on law

enforcement and other issues.

Evaluation and Certification

Executive Order 12988

The Department has determined that

this rule meets the applicable standards

provided in sections 3(a) and 3(b)(2) of

Executive Order 12988.

Executive Order 12866

This rule is not a significant

regulatory action under Executive Order

12866.

Regulatory Flexibility Act

This rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.).

Executive Order 12630

The Department has determined that

this rule does not have significant

takings implications. The rule does not

pertain to ‘‘taking’’ of private property

interests, nor does it affect private

property.

Executive Order 12612

The Department has determined that

this rule does not have significant

federalism effects because it pertains

solely to Federal-tribal relations and

will not interfere with the roles, rights

and responsibilities of states.

NEPA Statement

The Department has determined that

this rule does not constitute a major

Federal action significantly affecting the

quality of the human environment and

that no detailed statement is required

pursuant to the National Environmental

Policy Act of 1969.

Unfunded Mandates Act of 1995

This rule imposes no unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Act of 1995.

Paperwork Reduction Act of 1995

This rule has been examined under

the Paperwork Reduction Act of 1995

and has been found to contain no

information collection requirements.

Drafting Information: The primary

author of this document is Mark

Mullins, Bureau of Indian Affairs, Office

of Law Enforcement Services.

List of Subjects in 25 CFR Part 12

Indians—residential and holding

facilities, Law enforcement.

For the reasons given in the preamble

Part 12, Chapter I of Title 25 of the Code

of Federal Regulations is revised to read

as follows:

PART 12—INDIAN COUNTRY LAW

ENFORCEMENT

Subpart A—Responsibilities

Sec.

12.1 Who is responsible for the Bureau of

Indian Affairs law enforcement function?

12.2 What is the role of the Bureau of

Indian Affairs Director of Law

Enforcement Services?

12.3 Who supervises Bureau of Indian

Affairs criminal investigators?

12.4 Who Supervises the Bureau of Indian

Affairs uniformed police, detention, and

conservation enforcement functions?

Subpart B—Policies and Standards

12.11 Do I have to follow these regulations?

12.12 What about self-determination?

12.13 What happens if I do not follow the

rules in this part?
15612 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations

12.14 Where can I find specific policies and

standards for law enforcement functions

in Indian country?

Subpart C—Authority and Jurisdiction

12.21 What authority is given to Indian

country law enforcement officers to

perform their duties?

12.22 Can Bureau of Indian Affairs law

enforcement officers enforce tribal laws?

12.23 What are the jurisdictional limits in

Indian country?

Subpart D—Qualifications and Training

Requirements

12.31 Are there any minimum employment

standards for Indian country law

enforcement personnel?

12.32 Do minimum employment standards

include a background investigation?

12.33 Are Indian country law enforcement

officers paid less than other law

enforcement officers?

12.34 Do minimum salaries and position

classifications apply to a tribe that has

contracted or compacted law

enforcement under self-determination?

12.35 Do Indian country law enforcement

officers complete any special training?

12.36 Does other law enforcement training

count?

Subpart E—Records and Information

12.41 Who keeps statistics for Indian

country law enforcement activities?

12.42 Do Indian country law enforcement

programs share information with their

own communities or other agencies?

Subpart F—Conduct

12.51 Must Indian country law enforcement

officers follow a code of conduct?

12.52 How do I report misconduct?

12.53 Who investigates officer misconduct?

12.54 What can I do if I believe my civil

rights have been violated?

12.55 Are there any limits on how much

force an officer can use when performing

law enforcement duties?

Subpart G—Support Functions

12.61 Can I be paid for information that

helps solve a crime?

12.62 Who decides what uniform an Indian

country law enforcement officer can

wear and who pays for it?

12.63 Do Indian country law enforcement

officers perform other duties as well?

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 13,

2417, 2453, and 2802.

Subpart A—Responsibilities

§ 12.1 Who is responsible for the Bureau

of Indian Affairs law enforcement function?

The Commissioner of Indian Affairs,

or in the absence of a Commissioner, the

Deputy Commissioner, is responsible for

Bureau of Indian Affairs-operated and

contracted law enforcement programs,

and for overall policy development and

implementation of the Indian Law

Enforcement Reform Act, Public Law

101–379 (25 U.S.C. 2801 et seq.).

§ 12.2 What is the role of the Bureau of

Indian Affairs Director of Law Enforcement

Services?

The Director of the Office of Law

Enforcement Services for the Bureau of

Indian Affairs (Director) has been

delegated the responsibility for the

development of law enforcement and

detention policies, standards, and

management of all Bureau of Indian

Affairs (BIA) criminal investigations,

drug enforcement, training, internal

affairs, inspection and evaluation,

emergency response forces, and other

national level Indian country law

enforcement initiatives. The Director

publishes these policies and standards

in law enforcement manuals and

handbooks. The Director is also directly

responsible for developing crime

prevention and outreach programs

within Indian country law enforcement.

§ 12.3 Who supervises Bureau of Indian

Affairs criminal investigators?

All BIA criminal investigators are

supervised by other criminal

investigators within the Office of Law

Enforcement Services.

§ 12.4 Who supervises the Bureau of

Indian Affairs uniformed police, detention,

and conservation enforcement functions?

The agency superintendent is directly

responsible for the operation and

management of BIA uniformed police

operations, detention facilities, and

conservation enforcement operations at

any agency having these programs. The

agency superintendent must also ensure

technical support is provided to any

agency contracting the law enforcement

and/or detention program.

Subpart B—Policies and Standards

§ 12.11 Do I have to follow these

regulations?

You must follow the minimum

standards outlined in the regulations in

this part if you are part of a BIA or tribal

law enforcement program receiving

Federal funding or operating under a

BIA law enforcement commission.

§ 12.12 What about self-determination?

The regulations in this part are not

intended to discourage contracting of

Indian country law enforcement

programs under the Indian Selfdetermination and Education Assistance

Act (Pub. L. 93–638, as amended, 25

U.S.C. 450). The Deputy Commissioner

of Indian Affairs will ensure minimum

standards are maintained in high risk

activities where the Federal government

retains liability and the responsibility

for settling tort claims arising from

contracted law enforcement programs. It

is not fair to law abiding citizens of

Indian country to have anything less

than a professional law enforcement

program in their community. Indian

country law enforcement programs that

receive Federal funding and/or

commissioning will be subject to a

periodic inspection or evaluation to

provide technical assistance, to ensure

compliance with minimum Federal

standards, and to identify necessary

changes or improvements to BIA

policies.

§ 12.13 What happens if I do not follow the

rules in this part?

Your BIA law enforcement

commission may be revoked, your law

enforcement contract may be canceled,

and you may no longer be eligible for

tribal shares allocated from the law

enforcement budget.

§ 12.14 Where can I find specific policies

and standards for law enforcement

functions in Indian country?

BIA will ensure that all Indian

country law enforcement programs are

provided a copy of the most current

policy manuals and handbooks. Every

Indian country law enforcement

program covered by the regulations in

this part must maintain an effective and

efficient law enforcement program

meeting minimal qualitative standards

and procedures specified in Chapter 68

Bureau of Indian Affairs Manual (BIAM)

and the Law Enforcement Handbook.

Subpart C—Authority and Jurisdiction

§ 12.21 What authority is given to Indian

country law enforcement officers to perform

their duties?

BIA law enforcement officers are

commissioned under the authority

established in 25 U.S.C. 2803. BIA may

issue law enforcement commissions to

other Federal, State, local and tribal fulltime certified law enforcement officers

to obtain active assistance in enforcing

applicable Federal criminal statutes,

including Federal hunting and fishing

regulations, in Indian country.

(a) BIA will issue commissions to

other Federal, State, local and tribal fulltime certified law enforcement officers

only after the head of the local

government or Federal agency

completes an agreement with the

Commissioner of Indian Affairs asking

that BIA issue delegated commissions.

The agreement must include language

that allows the BIA to evaluate the

effectiveness of these special law

enforcement commissions and to

investigate any allegations of misuse of

authority.

(b) Tribal law enforcement officers

operating under a BIA contract or

compact are not automatically
Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations 15613

commissioned as Federal officers;

however, they may be commissioned on

a case-by-case basis.

§ 12.22 Can Bureau of Indian Affairs law

enforcement officers enforce tribal laws?

BIA officers will enforce tribal laws

only with the permission of the tribe.

Local programs are encouraged to make

arrangements and agreements with local

jurisdictions to facilitate law

enforcement objectives.

§ 12.23 What are the jurisdictional limits in

Indian country?

The Department of the Interior and

the Department of Justice must maintain

and periodically review and update a

memorandum of understanding

describing the relationship between the

Federal Bureau of Investigation and the

Bureau of Indian Affairs in the

investigation and prosecution of major

crimes in Indian country. Any law

enforcement programs performing

duties under the authority of 25 U.S.C.

2803 must follow the guidelines in the

memorandum of understanding and any

local United States Attorney’s

guidelines for the investigation and

prosecution of Federal crimes.

Subpart D—Qualifications and Training

Requirements

§ 12.31 Are there any minimum

employment standards for Indian country

law enforcement personnel?

The Director must develop, maintain,

and periodically review the

qualification standards, including

medical qualification standards, for all

BIA law enforcement, detention, and

conservation enforcement occupational

series. The standards will be no less

stringent than the minimum standards

established by the U.S. Office of

Personnel Management (OPM) for these

occupational series, and may exceed the

OPM standards. BIA standards are

available for review at any BIA

personnel office. All tribal programs are

encouraged to develop standards at least

as stringent as those established for BIA

officers.

§ 12.32 Do minimum employment

standards include a background

investigation?

Law enforcement authority is only

entrusted to personnel possessing

adequate education and/or experience,

training, aptitude, and high moral

character. All Indian country law

enforcement programs receiving Federal

funding and/or authority must ensure

that all law enforcement officers

successfully complete a thorough

background investigation no less

stringent than required of a Federal

officer performing the same duties. The

background investigations of applicants

and employees must be adjudicated by

trained and qualified security

professionals. All background

investigations must be documented and

available for inspection by the Bureau of

Indian Affairs.

§ 12.33 Are Indian country law

enforcement officers paid less than other

law enforcement officers?

An officer’s pay is determined by his/

her grade and classification. The

Commissioner of Indian Affairs must

ensure that all BIA law enforcement

officer positions are established at no

lower grade level on the Federal scale

than similar Federal law enforcement

officer positions in other agencies. No

BIA position performing commissioned

law enforcement duties will be

classified in other than the GS 0083,

police officer series, for uniformed

officers and the GS 1811, criminal

investigating series, for criminal

investigators.

§ 12.34 Do minimum salaries and position

classifications apply to a tribe that has

contracted or compacted law enforcement

under self-determination?

Any contract or compact with the BIA

to provide law enforcement services for

an Indian tribe must require a law

enforcement officer to be paid at least

the same salary as a BIA officer

performing the same duties.

§ 12.35 Do Indian country law enforcement

officers complete any special training?

Law enforcement personnel of any

program funded by the Bureau of Indian

Affairs must not perform law

enforcement duties until they have

successfully completed a basic law

enforcement training course prescribed

by the Director. The Director will also

prescribe mandatory supplemental and

in-service training courses.

§ 12.36 Does other law enforcement

training count?

All requests for evaluation of

equivalent training must be submitted to

the Indian Police Academy for review,

with final determination made by the

Director. Requests for a waiver of

training requirements to use personnel

before completing the required courses

of instruction must be submitted to the

Director and approved or disapproved

by the Commissioner of Indian Affairs.

In no case will such a waiver allow

personnel to be used in any position for

more than one year without achieving

training standards. Failure to complete

basic training requirements will result

in removal from a law enforcement

position.

Subpart E—Records and Information

§ 12.41 Who keeps statistics for Indian

country law enforcement activities?

The Director maintains a criminal

justice information system for Indian

country. The Director will prescribe the

types of data to be collected and the

reporting format to be used to collect

information and assemble reports on

crime reported in Indian country. These

reports may be provided to the

Department of Justice. Any law

enforcement program receiving funding

from the BIA must use the same

reporting format and submit the same

statistical reports to the Office of Law

Enforcement Services as prescribed by

the Director and as are required of all

BIA law enforcement programs.

§ 12.42 Do Indian country law enforcement

programs share information with their own

communities or other agencies?

At intervals established by the

Director, each BIA criminal

investigations program, and any

investigations program receiving BIA

funds will consult with local tribal

leaders and managers of local patrol and

detention programs. They will discuss

the quality of the local investigations

program and offer feedback and

technical assistance. There will be no

requirement to disclose confidential

investigative information or to

compromise ongoing investigations

during this process.

Subpart F—Conduct

§ 12.51 Must Indian country law

enforcement officers follow a code of

conduct?

All law enforcement programs

receiving Bureau of Indian Affairs

funding or commissioning must

establish a law enforcement code of

conduct which establishes specific

guidelines for conduct on and off duty,

impartiality, and professional conduct

in the performance of duty, and

acceptance of gifts or favors. Each

officer must acknowledge in writing

receiving and understanding of this

code of conduct. The acknowledgment

will remain on file with the law

enforcement program manager as long

as the officer is employed there.

Training will be conducted on this code

of conduct and other ethics issues at

least once each year.

§ 12.52 How do I report misconduct?

The Director will develop and

maintain a reporting system that allows

any resident of or visitor to Indian

country to report officer misconduct.

Each law enforcement program in

Indian country will maintain
15614 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations

instructions on how to register a

complaint. An overview of these steps

must be posted for public viewing at

each law enforcement facility in Indian

country.

§ 12.53 Who investigates officer

misconduct?

The Director, Office of Law

Enforcement Services maintains an

internal affairs program that investigates

all allegations of misconduct by BIA

officers, and any officer receiving

funding and/or authority from the BIA.

All allegations of misconduct must be

thoroughly investigated and appropriate

action taken when warranted. Any

person having knowledge of officer

misconduct must report that

information to the officer’s supervisor.

The supervisor must immediately report

allegations to the internal affairs unit.

Depending upon the severity of the

allegation, the matter may be dealt with

locally or it will be investigated by the

internal affairs unit. Failure of any BIA

employee to report known allegations

may be considered misconduct in itself.

Citizens may report officer misconduct

directly to the internal affairs unit if that

is more practical.

§ 12.54 What can I do if I believe my civil

rights have been violated?

All allegations of civil rights

violations must be reported immediately

to the internal affairs unit. That office

will ensure that allegations are

immediately reported to the Civil Rights

Division of the U. S. Department of

Justice through established procedures.

BIA’s internal affairs unit may also

investigate the matter and make

recommendations for additional action

as necessary.

§ 12.55 Are there any limits on how much

force an officer can use when performing

law enforcement duties?

The Director will develop and

maintain the use of force policy for all

BIA law enforcement personnel, and for

programs receiving BIA funding or

authority. Training in the use of force,

to include non-lethal measures, will be

provided annually. All officers will

successfully complete a course of

instruction in firearms, to include

judgement pistol shooting, approved by

the Indian Police Academy before

carrying a firearm on or off duty.

Subpart G—Support Functions

§ 12.61 Can I be paid for information that

helps solve a crime?

The Director can spend money to

purchase evidence or information, or to

offer a reward, in the investigation of a

crime. This is subject to the availability

of funds. This authority may be

delegated in writing to supervisory

criminal investigators within the Office

of Law Enforcement Services in the BIA.

The Director must develop policies and

procedures for the expenditure, control,

and audit of these funds before their

use.

§ 12.62 Who decides what uniform an

Indian country law enforcement officer can

wear and who pays for it?

Each local law enforcement program

must establish its own uniform

requirements for patrol and detention

personnel. Uniformed BIA police

officers may be paid an annual uniform

allowance not to exceed $400. Local

programs may provide uniforms and

related equipment to officers in lieu of

this payment. All law enforcement

officers must also have their official

identification on their person at all

times when performing law enforcement

duties. Uniforms, when worn, will be

plainly distinguishable from the

uniforms of any non-law enforcement

personnel working on the reservation.

§ 12.63 Do Indian country law enforcement

officers perform other duties as well?

Law enforcement commissions will

only be issued by the Bureau of Indian

Affairs to persons occupying positions

as full-time officers. Bureau of Indian

Affairs funded or commissioned

criminal investigators will not be

responsible for supervising or managing

any patrol, detention, or other

uniformed police programs.

Dated: March 24, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–8341 Filed 4–1–97; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 701

[Secretary of the Navy Instruction 5211.5]

Privacy Program

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is amending three exemption rules. The

administrative amendments consist of

deleting the exemption rule for N04385-

1 (system was consolidated into

N05041-1); changing the system name of

N05520-5; and changing the system

identifier for N04385-2 to N05512-2 and

deleting subsections (k)(5), (k)(6), and

(k)(7) from the exemption rule.

EFFECTIVE DATE: April 2, 1997.

ADDRESSES: Send comments to the

Department of the Navy, PA/FOIA

Policy Branch, Chief of Naval

Operations (N09B30), 2000 Navy

Pentagon, Washington, DC 20350–2000.

FOR FURTHER INFORMATION CONTACT: Mrs.

Doris Lama at (202) 685–6545 or DSN

325–6545.

SUPPLEMENTARY INFORMATION:

Executive Order 12866. It has been

determined that this Privacy Act rule for

the Department of Defense does not

constitute ‘significant regulatory action’.

Analysis of the rule indicates that it

does not have an annual effect on the

economy of $100 million or more; does

not create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency; does not

materially alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; does not raise novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866 (1993).

Regulatory Flexibility Act. It has been

determined that this Privacy Act rule for

the Department of Defense does not

have significant economic impact on a

substantial number of small entities

because it is concerned only with the

administration of Privacy Act systems of

records within the Department of

Defense.

Paperwork Reduction Act. It has been

determined that this Privacy Act rule for

the Department of Defense imposes no

information requirements beyond the

Department of Defense and that the

information collected within the

Department of Defense is necessary and

consistent with 5 U.S.C. 552a, known as

the Privacy Act of 1974.

The Department of the Navy is

amending three exemption rules

published in 32 CFR part 701, subpart

G. The administrative amendments

consist of deleting the exemption rule

for N04385-1 (system was consolidated

into N05041-1); changing the system

name of N05520-5; and changing the

system identifier for N04385-2 to

N05512-2 and deleting subsections

(k)(5), (k)(6), and (k)(7) from the

exemption rule.

List of Subjects in 32 CFR Part 701

Privacy.

1. The authority citation for 32 CFR

part 701, subpart G continues to read as

follows:

Authority: Pub. L. 93–579, 88 Stat.

1896 (5 U.S.C. 552a).