[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Notices]
[Pages 3919-3921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1364]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLOR931000.L63100000.HD0000]
Privacy Act of 1974; as Amended; Notice To Amend an Existing
System of Records
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Amendment to an Existing System of Records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Interior (DOI) is issuing a public
notice of its intent to amend the Bureau of Land Management ``Mineral
and Vegetal Material Sales''--Interior, (BLM)-16 notice. The amendment
includes a change in the system name from ``Mineral and Vegetal
Material Sales'' to ``Timber Sale Information System (TSIS).'' The
amendment includes an update to the record content for Special Forest
Products and incorporates the Stewardship Contracting Information
Database (SCID) as a module of TSIS. The amended system of records is
captioned ``Interior-BLM-16'' and is titled ``Timber Sale Information
System (TSIS).''
DATES: Comments must be received by March 8, 2010.
ADDRESSES: Any person interested in commenting on this amendment may do
so by: submitting comments in writing to Privacy Act Officer, Oregon
State Office, P.O. Box 2965, Portland, Oregon 97208; hand-delivering
comments to Oregon State Office, 333 SW. 1st Avenue, Portland, Oregon
97204; or e-mailing comments to [email protected]. Before including
your address, phone number, e-mail address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
FOR FURTHER INFORMATION CONTACT: Deputy State Director, Division of
Resource Planning, Use and Protection (OR930), U.S. Department of the
Interior, Bureau of Land Management, Oregon State Office, 333 SW. 1st
Avenue, Portland, Oregon 97204.
SUPPLEMENTARY INFORMATION: The Bureau of Land Management maintains the
TSIS system of records. The purpose of this system is to track timber
sale contract administration and accounting; Special Forest Products
(SFP) sales and permits; and the use of procurement contracts and
agreements for removing vegetal products from public lands through
stewardship contracting authorized under the Omnibus Appropriations
Bill of 2003, (Pub. L. 108-7, Section 323). Authorization for TSIS and
its components fall under the Clinger-Cohen Act of 1996, OMB Circular
A-130 ``Management of Federal Information Resources'', and the Oregon
and California Lands Act of 1937. The system also provides data for
reporting accomplishments. The amendments to the system will be
effective as proposed at the end of the comment period (the comment
period will end 40 days after the publication of this notice in the
Federal Register), unless comments are received which would require a
contrary determination. The DOI will publish a revised notice if
changes are made based upon a review of the comments received.
Beverly E. Walker,
Privacy Act Officer, Bureau of Land Management.
System Name
Timber Sale Information System (TSIS)--Interior, BLM-16
SYSTEM LOCATION:
U.S. Department of the Interior, Bureau of Land Management, Oregon
State Office, 333 SW. 1st Avenue, Portland, Oregon 97204.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Purchasers of vegetal materials. Purchasers refer to those
individuals that purchase vegetative materials, and enter into timber
sales and stewardship contracts; and include, but are not limited to,
the following descriptive terminology: individual buyers or permittees,
partnerships, corporations or contractors.
CATEGORIES OF RECORDS IN THE SYSTEM:
The record contains customer information on timber purchasers,
contact person(s) for timber purchasers of special forest products, and
stewardship agreement recipients
[[Page 3920]]
(individual, partnership, corporate). Information is collected in
person from a purchaser physically present at a BLM facility or from an
authorized BLM Contracting Officer. The data is entered into TSIS by an
authorized BLM employee or contractor.
The record may contain the purchaser's name, address, phone
numbers, driver license, vehicle information, description of the
material purchased, quantity, sale price, the Bureau's assigned sale
number, and information on debts owed the Bureau because of defective
payments. The SCID module contains the contractor/agreement recipient's
name and telephone number. The system operates under the Privacy Act of
1974 and the regulations in 43 CFR 2.48(d).
Note: Certain categories of information must be reviewed under
the Freedom of Information Act (FOIA) and are not included in the
information available for public inspection.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
16 U.S.C. 617, 30 U.S.C. 601, 43 U.S.C. 1181(a).
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:
(1) Timber sale accounting, management, activity tracking and
tracking of Special Forest Product (SFP) sales and permits. The TSIS
provides direct support to BLM Mission Goals 2.4.01 and 2.4.02 related
to managing the use of forest and woodland products in the Public
Domain (PD) and in the Oregon and California Lands (O&C). The volumes
calculated in 2.4.01 and 2.4.02 are used to determine the percentages
in 2.4.03 and 2.4.04. The TSIS is the sole automated process to track
timber sale and special forest product activity and accomplishments,
and it is the sole source for validation of timber sale and special
forest product revenues in the BLM's financial system. The SCID module
is the sole automated process to track stewardship contracts and
agreements, and is the sole source for validation of revenues received
via stewardship contracting from timber sales, procurement contracts
and agreements. In addition, SCID records earned credits for work
performed on public lands in exchange for the vegetal contracts. The
work credit is reported to the contractor and the Internal Revenue
Service on a 1099 form by the BLM.
(2) Vehicle and identification information, if provided by the SFP
permittee, is provided to BLM law enforcement officials to support
enforcement of permit stipulations and requirements. Contact
information (name, address) is printed on each permit and is useful to
identify the uniqueness of a permittee.
DISCLOSURES OUTSIDE DOI MAY BE MADE WITHOUT THE CONSENT OF THE
INDIVIDUAL TO WHOM THE RECORD PERTAINS AS A ROUTINE USE UNDER THE
FOLLOWING CIRCUMSTANCES:
(1) (a) To any of the following entities or individuals, when the
circumstances set forth in paragraph (b) are met:
(i) The U.S. Department of Justice (DOJ);
(ii) A court or an adjudicative or other administrative body;
(iii) A party in litigation before a court or an adjudicative or
other administrative body; or
(iv) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(b) When:
(i) One of the following is a party to the proceeding or has an
interest in the proceeding:
(A) DOI or any component of DOI;
(B) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(C) Any DOI employee acting in his or her official capacity;
(D) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(E) The United States, when DOJ determines that DOI is likely to be
affected by the proceeding; and
(ii) DOI deems the disclosure to be:
(A) Relevant and necessary to the proceeding; and
(B) Compatible with the purpose for which the records were
compiled.
(2) To a congressional office in response to a written inquiry that
an individual covered by the system, or the heir of such individual if
the covered individual is deceased, has made to the office.
(3) To any criminal, civil, or regulatory law enforcement authority
(whether Federal, State, territorial, local, Tribal or foreign) when a
record, either alone or in conjunction with other information,
indicates a violation or potential violation of law--criminal, civil,
or regulatory in nature--and the disclosure is compatible with the
purpose for which the records were compiled.
(4) To an official of another Federal agency to provide information
needed in the performance of official duties related to reconciling or
reconstructing data files or to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
(5) To Federal, State, territorial, local, Tribal, or foreign
agencies that have requested information relevant or necessary to the
hiring, firing or retention of an employee or contractor, or the
issuance of a security clearance, license, contract, grant or other
benefit, when the disclosure is compatible with the purpose for which
the records were compiled.
(6) To representatives of the National Archives and Records
Administration to conduct records management inspections under the
authority of 44 U.S.C. 2904 and 2906.
(7) To State and local governments and Tribal organizations to
provide information needed in response to court order and/or discovery
purposes related to litigation, when the disclosure is compatible with
the purpose for which the records were compiled.
(8) To an expert, consultant, or contractor (including employees of
the contractor) of DOI that performs services requiring access to these
records on DOI's behalf to carry out the purposes of the system.
(9) 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.
(10) To the Office of Management and Budget during the coordination
and clearance process in connection with legislative affairs as
mandated by OMB Circular A-19.
(11) To the Department of the Treasury to recover debts owed to the
United States.
(12) To the news media when the disclosure is compatible with the
purpose for which the records were compiled.
(13) To a consumer reporting agency if the disclosure requirements
of the Debt Collection Act, as outlined at 31 U.S.C. 3711(e)(1), have
been met.
[[Page 3921]]
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are stored in file folders, in locked file cabinets
until data input is verified. Any paper records that are not input into
the system are maintained in secured files. Electronic records are
stored on disk, system hard drive, tape or other appropriate media.
RETRIEVABILITY:
Indexed by system-generated identifiers, an assigned number is used
to retrieve SFP permit number, purchaser, contractor and dates. An
existing purchaser may be located by entering a portion (or all) of the
individual's contact information (name, address, this may include a
phone number if it was provided) and reviewing the list of individuals
matching the search criteria. The search functionality for timber sales
allows users to browse lists of timber sales, purchasers, and sureties.
SAFEGUARDS:
Access to records is limited to authorized personnel. Electronic
records are maintained with safeguards meeting security requirements of
43 CFR 2.51.
A security plan was developed to prevent unauthorized access to the
system and secure transmission of the data. A Privacy Impact Assessment
was completed and signed in January 2008.
(1) Physical Security--Information is collected in person from a
purchaser(s) physically present at a BLM facility or from an authorized
BLM Contracting Officer. The data is entered into SFP-Web by an
authorized BLM employee or contractor. These forms are only available
on the BLM intranet and are not available to the public on any Web
site. Any paper records that are not input into the system are
maintained in locked file cabinets.
(2) Technical Security--TSIS users are granted access to the TSIS
application via the district TSIS data steward. The request for access
must be signed by the TSIS data steward (ORSO) and IT Security Manager
(ORSO) and passwords are required. The SFP Users are granted access to
the TSIS-Web application by the district TSIS data steward. SCID Users
are granted access to the SCID module Web application by the State
office or district SCID data steward. The request for access must be
signed by the TSIS data steward (ORSO) or SCID data steward, and IT
Security Manager (ORSO). Data from the current TSIS (Unix-based)
version are integrated into a data warehouse with the new TSIS-Web
version and the SCID Web module each night. The data is unloaded from
the TSIS (Informix) database to a local directory where the system
developer and system administrators have access. This data is then
loaded into a new database (MySQL) on another server where the TSIS-Web
data also resides. The integration of data sources excludes the
identification provided by the permittee (for the 5450-24 permit), but
does include permittee name, address, phone (if provided), and vehicle
information (where provided). The TSIS data warehouse database is only
available to the system developer, and information from this database
is available to BLM users only via read-only reports. Most reports that
are available from the warehouse data do not contain Personally
Identifiable Information (PII). Of the few reports (6 total) that do
contain PII, only four contain more than first/last name. Only users
with access to the BLM intranet, authenticated BLM domain users, who
are also members of the TSIS group in Active Directory, are able to
retrieve these reports. These electronic records are maintained in
compliance with Office of Management and Budget and Departmental
guidelines.
(3) Administrative Security--All BLM employees with access to the
system are required to complete Privacy Act, Records Management Act,
and IT Security Awareness training prior to being given access to the
system, and on an annual basis thereafter. The Rules of Behavior are in
accordance with the BLM policy that requires the signature of all BLM
Network users. Applicable Privacy Act warning statements are placed on
all information printouts of data from the system.
RETENTION AND DISPOSAL:
Records are retained and disposed of in accordance with National
Archives and Records Administration (NARA) procedures and General
Records Schedule (GRS) BLM 4/6d(4) and (6). Records are to be destroyed
or deleted when data has been transferred to an electronic medium and
verified. However, due to the current freeze on the destruction/
deletion of all records and the GRS/BLM records, all records are
permanent until the freeze is lifted.
SYSTEM MANAGER AND ADDRESS:
Deputy State Director, Division of Resource Planning, Use and
Protection (OR930), U.S. Department of the Interior, Bureau of Land
Management, Oregon State Office, P.O. Box 2965, Portland, Oregon 97208.
NOTIFICATION PROCEDURES:
An individual requesting notification of the existence of records
on himself or herself should send a signed, written inquiry to the
Systems Manager identified above. The request envelope and letter
should both be clearly marked ``PRIVACY ACT INQUIRY.'' A request for
notification must meet the requirements of 43 CFR 2.60.
RECORDS ACCESS PROCEDURES:
An individual requesting records on himself or herself should send
a signed, written inquiry to the Systems Manager identified above. The
request should describe the records sought as specifically as possible.
The request envelope and letter should both be clearly marked ``PRIVACY
ACT REQUEST FOR ACCESS.'' A request for access must meet the
requirements of 43 CFR 2.63.
CONTESTING RECORDS PROCEDURES:
An individual requesting corrections or the removal of material
from his or her records should send a signed, written request to the
System Manager identified above. A request for corrections or removal
must meet the requirements of 43 CFR 2.71.
RECORD SOURCE CATEGORIES:
Information is provided by the purchaser, contractor, or agreement
recipient.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2010-1364 Filed 1-22-10; 8:45 am]
BILLING CODE 4310-13-P