Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules 35163

cannot be served within seventy-two

hours, a temporary order of protection

may be issued;

(5) If notice of hearing cannot be

served within 10 days, the temporary

order of protection shall be

automatically extended for ten days;

and,

(6) If after the 10-day extension notice

to appear cannot be served, the

temporary order of protection shall

expire.

(f) Order of protection. Following a

hearing and finding that a family

violence act occurred, the court may

enter an order of protection that

specifically describes in clear language,

understandable to the person who

committed the family violence act, the

behavior the court has ordered he or she

do or refrain from doing. In any order

of protection, the court:

(1) May order the person who

committed the family violence act to

refrain from acts or threats of violence

against the petitioner or any other

household member.

(2) May order that the person who

committed the family violence act be

removed from the home of the

petitioner;

(3) May grant sole possession of the

residence or household to the petitioner

during the period the order of protection

is effective, or order the person who has

committed a family violence act to

provide temporary suitable alternative

housing for the petitioner and other

household members to whom the

respondent owes a legal obligation of

support;

(4) May award temporary custody of

any children involved when appropriate

and provide for visitation rights, child

support, and temporary support for the

petitioner on a basis which gives

primary consideration to the safety of

the petitioner and other household

members;

(5) May order that the person who

committed a family violence act not

initiate contact with the petitioner;

(6) May restrain the parties from

transferring, concealing, encumbering,

or otherwise disposing of one another’s

property or the joint property of the

parties except in the usual course of

business or for the necessities of life;

and to account to the court for all such

transferring, encumbrances, and

expenditures made after the order is

served or communicated;

(7) May order other injunctive relief

as the court deems necessary for the

protection of the petitioner including

orders to law enforcement agencies as

provided by this subpart;

(8) Shall give notice that violation of

any provision of the order of protection

constitutes contempt of court and may

result in a fine or imprisonment, or

both;

(9) Shall indicate whether the order of

protection supersedes or alters prior

orders pertaining to family matters

between the parties;

(10) Shall not affect the title to any

property or allow the petitioner to

transfer, conceal, encumber, or

otherwise dispose of respondent’s

property or the joint property of the

parties.

(g) Review hearing. Either party may

request a review hearing to amend or

vacate the order of protection.

(h) Service of the protection order. An

order of protection granted under this

subpart shall be filed with the clerk of

the court and a copy shall be sent by the

clerk of the court to the law enforcement

agency with the jurisdiction over the

areas of Indian Country in which the

court is located. The order shall be

personally served upon the respondent,

unless the respondent or his or her

attorney was present at the time the

order was issued. If the court finds the

petitioner unable to pay court costs, the

order shall be served without cost to the

petitioner.

(i) Duration of order of protection. An

order of protection granted by the court

shall be effective for a fixed period of

time not to exceed three months. The

order may be extended for good cause

upon motion of the petitioner for an

additional period of time not to exceed

three months.

(j) Contempt of court. Any willful

disobedience or interference with any

court order constitutes contempt of

court which may result in a fine or

imprisonment, or both in accordance

with this part.

(k) Remedies. The remedies provided

in this subpart are in addition to the

other civil or criminal remedies

available to the petitioner.

(l) Emergency assistance. The court

shall require the local law enforcement

agency to give notice of the availability

of emergency assistance. Notice shall

include telling all victims of family

violence where a shelter or other

services are available in the community

and giving all victims immediate notice

of their legal rights and remedies. The

notice must also include furnishing all

victims of family violence a copy of the

following statement:

IF YOU ARE A VICTIM OF FAMILY

VIOLENCE, you can ask the prosecutor to file

a criminal complaint. You also have the right

to go to court and file a petition requesting

an order of protection from family violence.

The order may include the following:

(1) an order restraining the person who has

committed a family violence act from further

acts of family violence;

(2) an order directing the person who has

committed a family violence act to leave your

household;

(3) an order preventing the person who has

committed a family violence act from

entering your residence, school, business, or

place of employment;

(4) an order awarding you custody of or the

other parent visitation with a minor child or

children;

(5) an order directing the person who has

committed a family violence act to pay

support to you and the minor children if the

person who has committed an act of family

violence has a legal obligation to do so;

(6) an order directing the person who has

committed a family violence act to account

for your funds or property or to pay

restitution for damages resulting from the

wrongdoing;

(7) an order directing the appropriate

human services agency to deliver protective

services and provide the least restrictive

alternatives for services, care, treatment, or

placement.

Dated: June 6, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16039 Filed 7–3–96; 8:45 am]

BILLING CODE 4310–02–P

25 CFR Part 12

RIN 1076–AD56

Indian Country Law Enforcement

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed Rule.

SUMMARY: The Bureau of Indian Affairs

is proposing to establish standards for

Bureau of Indian Affairs (BIA) and tribal

law enforcement programs receiving

Federal funding or performing duties

using a cross commission. These

regulations will insure 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, Pub.

L. 101–379 (25 U.S.C. 2801 et seq.).

DATES: Comments must be received on

or before September 3, 1996.

Comments will be available for

inspection at the address below from

9:00 a.m. to 4:00 p.m., Monday through

Friday beginning approximately July 19,

1996.

ADDRESSES: Mail comments to Theodore

R. Quasula, Director of Law

Enforcement Services, Bureau of Indian

Affairs, 1849 C Street, NW, Mail Stop

4443, Washington, D.C., 20240; OR,

hand deliver them to Room 4443 at the

above address.

FOR FURTHER INFORMATION CONTACT:

Theodore R. Quasula, Director of Law
35164 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules

Enforcement Services, Bureau of Indian

Affairs, Telephone: 202–208–5786.

SUPPLEMENTARY INFORMATION:

Background

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.

What has provided Law Enforcement

rules and standards for Bureau of

Indian Affairs and tribal programs in

the past?

Indian Police and Detention

Standards regulations were published in

1975 and 1976, respectively, and have

not been updated. See 25 U.S.C. 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

that need to be implemented as rules of

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).

The law enforcement revision will be

assigned to Part 12, and Detention and

Rehabilitation will be found 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 will provide policy, procedures,

guidelines and standards for all law

enforcement programs. This manual and

accompanying handbooks will be

available for the 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.

Evaluation and Certification

Executive Order 12988

The Department has determined that

this proposed rule meets the applicable

standards provided in sections 3(a) and

3(b)(2) of Executive Order 12988.

Executive Order 12866

This proposed rule is not a significant

regulatory action under Executive Order

12866.

Regulatory Flexibility Act

This proposed 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 proposed rule does not have

‘‘significant’’ takings implications. The

proposed rule does not pertain to

‘‘taking’’ of private property interests,

nor does it impact private property.

Executive Order 12612

The Department has determined that

this proposed 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 proposed 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 proposed 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 proposed to be

revised as set forth below:

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

Sec.

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?

12.14 Where can I find specific policies and

standards for law enforcement functions

in Indian country?

Subpart C—Authority and Jurisdiction

Sec.

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

Sec.

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

Sec.

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

Sec.

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?
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules 35165

Subpart G—Support Functions

Sec.

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 Deputy Commissioner of Indian

Affairs 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

Service?

The Director of the Office of Law

Enforcement Services for the Bureau of

Indian Affairs (Director) has been

designed as the single individual

responsible for the overall law

enforcement and detention policies and

standards, and management of all

Bureau of Indian Affairs 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 Bureau of Indian Affairs 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 Bureau of Indian Affairs

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 Bureau of

Indian Affairs or tribal law enforcement

program receiving Federal funding or

operating under a Bureau of Indian

Affairs 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 (Public Law 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 insure

compliance with minimum Federal

standards, and to identify necessary

changes or improvements to Bureau of

Indian Affairs policies.

§ 12.13 What happens if I do not follow the

rules in this part?

Your Bureau of Indian Affairs 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?

The Bureau of Indian Affairs 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?

Bureau of Indian Affairs law

enforcement officers are commissioned

under the authority established in Title

28 U.S.C. 2803. The Bureau of Indian

Affairs may issue law enforcement

commissions to other Federal, State,

local and tribal full-time certified law

enforcement officers to obtain active

assistance in the enforcement of

applicable Federal criminal statutes,

including Federal hunting and fishing

regulations in Indian country. Any such

deputization of personnel not employed

by the Bureau of Indian Affairs will only

be issued after an agreement is

completed between the head of the local

government or Federal agency

requesting the authority and the Deputy

Commissioner of Indian Affairs. Any

such agreement will include language

that allows the Bureau of Indian Affairs

to evaluate the effectiveness of such

delegated commissions and to

investigate any allegations of misuse of

authority involving these commissions.

Tribal law enforcement officers

operating under a Bureau of Indian

Affairs contact or compact are not

commissioned 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?

Bureau of Indian Affairs officers will

only enforce tribal laws 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. The

guidelines in this memorandum of

understanding and any local United

States Attorney’s guidelines for the

investigation and prosecution of Federal

crimes will be followed by any law

enforcement programs performing

duties or under the authority of 25

U.S.C. 2803.
35166 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules

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

Bureau of Indian Affairs 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. The Bureau of Indian

Affairs standards are available for

review at any Bureau of Indian Affairs

personnel office. All tribal programs are

encouraged to develop standards at least

as stringent as those established for

Bureau of Indian Affairs 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?

The Deputy Commissioner of Indian

Affairs must insure that all Bureau of

Indian Affairs 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 Bureau

of Indian Affairs position performing

commissioned law enforcement duties

will be classified in other than 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

Bureau of Indian Affairs 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

Bureau of Indian Affairs 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 utilize

personnel prior to completing the

required courses of instruction must be

submitted to the Director and approved

or disapproved by the Deputy

Commissioner of Indian Affairs. In no

case will such a waiver allow personnel

to be utilized 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 Bureau of Indian Affairs 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 Bureau of Indian Affairs

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 Bureau of Indian Affairs

criminal investigations program, and

any investigations program receiving

funds from the Bureau of Indian Affairs

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 on-going 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 receipt and understanding

of this code of conduct in writing and

it 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 which

allows any resident of or visitor to

Indian country to report officer

misconduct. Each law enforcement

program in Indian country will maintain

instructions on how to register a

complaint. An overview of these steps

will 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 which

investigates all allegations of

misconduct by Bureau of Indian Affairs

officers, and any officer receiving

funding and/or authority from the

Bureau of Indian Affairs. 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
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules 35167

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 Bureau of

Indian Affairs 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 insure such allegations are

immediately reported to the Civil Rights

Division of the U. S. Department of

Justice through established procedures.

The Bureau of Indian Affairs internal

affairs unit may also conduct an

investigation into 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

Bureau of Indian Affairs law

enforcement personnel, and for

programs receiving Bureau of Indian

Affairs 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

prior to carrying a firearm on or off

duty.

Subpart G—Support Functions

§ 12.61 Can informants be paid for

information that helps solve a crime?

The Director has the authority to

expend money for the purchase of

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 Bureau of

Indian Affairs. The Director must

develop policies and procedures for the

expenditure, control, and audit of these

funds prior to 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 their own uniform

requirements for patrol and detention

personnel. Uniformed Bureau of Indian

Affairs 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: May 31, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16040 Filed 7–03–96; 8:45 am]

BILLING CODE 4310–02–P

25 CFR Part 171

RIN 1076–AD44

Irrigation Projects and Systems

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

is revising its regulations governing

irrigation projects. The purpose of the

revisions is to make it easier to read and

understand for the customers of Indian

irrigation projects; provide for

consistent administration; establish the

process for updating practices, policies,

and procedures for the administration,

operation, maintenance, and

rehabilitation of irrigation projects; and

provide uniform accounting and record

keeping procedures.

DATES: You may send us written

comments. We must receive them by

September 3, 1996.

ADDRESSES: You must mail or hand

carry your comments to Terrance

Virden, Acting Director, Office of Trust

Responsibilities, Bureau of Indian

Affairs, Department of the Interior, 1849

C Street, N.W., MS 4513 MIB,

Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Ross

Mooney, Chief, Branch of Irrigation and

Power, Division of Water and Land

Resources, Bureau of Indian Affairs,

Department of the Interior, 1849 C

Street, N.W., Mail Stop 4513 MIB,

Washington, D.C. 20240, Phone Number

(202) 208–5480.

SUPPLEMENTARY INFORMATION: We are

publishing this revised rule by the

authority delegated by the Secretary of

the Interior to the Assistant SecretaryIndian Affairs by 209 DM 8.

Our policy is to give the public an

opportunity to participate in the rule

making process by submitting written

comments regarding proposed rules. We

will consider all comments received

during the public comment period. We

will determine necessary revisions and

issue the final rule. Please refer to this

preamble’s ‘‘ADDRESSES’’ section for

where you must submit your written

comments on this proposed rule.

We have determined that these

proposed regulations meet the

applicable standards provided in

Sections 3(a) and 3(b)(2) of Executive

Order 12988.

This rule is not a significant rule

under Executive Order 12866 and does

not require approval by the Office of

Management and Budget.

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.

We determined this proposed rule:

(a) Does not constitute a major Federal

action significantly affecting the human

environment, and no detailed statement

is needed under the Environmental

Policy Act of 1969;

(b) Does not have significant takings

implications in accordance with

Executive Order 12630; and

(c) Does not have significant

federalism effects.

Paperwork Reduction Act of 1995

Sections 171.214 and 171.215 contain

information collection requirements. As

required by the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507(d)), the

Bureau of Indian Affairs has submitted

a copy of these sections to the Office of

Management and Budget for its review.

Water users must apply for water

delivery. The information to be

collected includes: name; watery deliver

location; time and date of requested

water delivery; duration of water

delivery; rate of water flow; number of

acres irrigated; crop statistics; and other

operational information identified in the

local administration manuals. The

Bureau needs and uses the information

to operate and maintain its irrigation

projects and fulfill our reporting

requirements.

All information is to be collected

annually from each water user. Annual