[Federal Register Volume 64, Number 51 (Wednesday, March 17, 1999)]
[Notices]
[Pages 13234-13236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6441]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Privacy Act of 1974, as Amended; System of Records
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice of minor changes to two systems of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended (5 U.S.C. 552a), notice is hereby given that the Department of
the Interior proposes minor changes to two systems of records managed
by the Bureau of Reclamation (Reclamation). These changes are to the
systems of records:
``Claims, WBR-5''
``Acreage Limitation, WBR-31''
The above notices are published in their entirety below.
DATES: These actions are effective March 17, 1999.
FOR FURTHER INFORMATION CONTACT: For information regarding ``Claims,
BOR-5'' contact Ms. Debra Lange, Property and Office Services, Policy
and Systems Team at (303) 445-2030, or for information regarding
``Acreage Limitation, BOR-31'' contact Mr. Richard Rizzi, Reclamation
Law, Contracts, and Repayment Office at (303) 445-2900. For general
information regarding Reclamation's Privacy Act program, call Mr. Casey
Snyder at (303) 445-2048.
SUPPLEMENTARY INFORMATION: Recent Privacy Act Compilations list the
following systems of records with a prefix of ``Reclamation'' (e.g.,
Reclamation-5). When originally published in the Federal Register these
systems of records were identified with an organization prefix of
``WBR'' (e.g., WBR-5). The content of the systems of records is the
same; the prefixes on these systems were changed to reflect
organizational changes.
The system of records notices being revised and the reason for
revision are listed below:
Claims, WBR-5, previously published in the Federal
Register on September 27, 1984 (49 FR 38195). This publication revises
the system location and the system manager's title and address. Federal
Government organization titles have been updated and other minor
editorial changes made.
Acreage Limitation, WBR-31, previously published in the
Federal Register on March 9, 1994 (59 FR 11085). This publication
revises the retention and disposal statement to reflect the revisions
to the Acreage Limitation Rules and Regulations, 43 CFR part 426, which
became effective January 1, 1998. Specifically, the retention period of
the certification and reporting forms (including verification forms) is
changed from 3 to 6 years and the Code of Federal Regulations cited is
changed from 43 CFR 426.10(h) to 43 CFR 426.19(e). The term ``Federal
Employer's Identification Numbers'' is changed to ``Taxpayer's
Identification Numbers'' in the categories of records in the system and
the retrievability statements. In addition, the term ``Individual
Taxpayer's Identification Numbers'' is added to both statements.
Organization titles have been updated and other minor editorial changes
made. All other changes proposed are editorial in nature.
Rayleen Cruz,
Manager, Property and Facilities Group.
INTERIOR/WBR-5
SYSTEM NAME:
Claims.
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:
Individuals who have filed tort, employee, or appropriation act
claims, and claims under the Teton Dam Disaster Assistance Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include claims and supporting documents submitted,
information developed during investigations of claims, and final
disposition.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Tort Claims Act, 28 U.S.C. 2671-2680; Military Personnel
and Civilian Employees' Claims Act, 31 U.S.C. 3701, 3721; Public Works
for Water and Power Development and Energy Research Appropriation Act,
1977, Pub. L. 94-355, 90 Stat. 889; Teton Dam Disaster Assistance Act,
Pub. L. 94-400, 90 Stat. 1211; Supplemental Appropriation Act, 1977,
Pub. L. 94-438, 90 Stat. 1415; and annual Energy and Water Development
Appropriation Acts.
PURPOSE(s):
For settlement of damages relating to tort and non-tortious claims
and for loss or damage to employee's personal property resulting from
activities of Reclamation. 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 to establish the facts and
circumstances of each claim, compile statistical data, and evaluate
claims. Disclosures outside the Department of the Interior may be made:
(1) To the 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; (4) where
relevant or necessary to the hiring or retention of an employee, or the
issuance of a security clearance, license, contract, grant, or other
benefit, information may be disclosed: (a) To a Federal agency that has
requested the information, or (b) to a Federal, State, or local agency
to enable the Department of the Interior to obtain information from
such agency; (5) to the Soil Conservation Service, and Farm Service
Agency of the Department of Agriculture (USDA); Federal Emergency
Management Agency, Army Corps of Engineers, and Department of Housing
and Urban Development to assure that benefits to claimants have not
been duplicated by the several agencies involved in disaster programs;
(6) to the Department of Treasury, Internal Revenue Service, and State
revenue and taxation departments relative to compensation for loss of
salary or income; (7) to the Small Business Administration, Farm
Service Agency, and Department of Housing and Urban Development
regarding loans secured through those agencies; and (8) to General
Services Administration (GSA) to document problems with GSA contract
movers which result in claims against Reclamation.
[[Page 13235]]
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Maintained in manual form in file folders.
RETRIEVABILITY:
By claimant's name.
SAFEGUARDS:
Records are maintained with 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:
Claims Officers in the Reclamation Service Center, Commissioner's
Office, and Regional Offices: Pacific Northwest, Mid-Pacific, Lower
Colorado, Upper Colorado, and Great Plains. See appendix for addresses.
NOTIFICATION PROCEDURE:
Inquiries regarding the existence of a record(s) should be
addressed to the System Manager at the appropriate address listed in
the appendix. See 43 CFR 2.60.
RECORD ACCESS PROCEDURES:
Same as Notification above. See 43 CFR 2.63.
CONTESTING RECORD PROCEDURES:
Written petitions for amendment should be sent to the System
Manager at the appropriate address listed in the appendix. See 43 CFR
2.71.
RECORD SOURCE CATEGORIES:
Claimants. Investigations conducted by Reclamation officials and
contractors, officials of the Department of the Interior, and State and
local governments.
INTERIOR/WBR-31
SYSTEM NAME:
Acreage Limitation.
SYSTEM LOCATION:
(1) District offices in which subject individuals submitted
certification and reporting forms (addresses may be obtained from the
applicable regional office); (2) Regional offices listed in the
appendix; and (3) Bureau of Reclamation, PO Box 25007, Denver, Colorado
80225-0007.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals that directly or indirectly own or lease land that is
subject to the acreage limitation provisions of Federal reclamation
law, and individuals that operate such land.
Note: Records pertaining to corporate or other commercial
entities are also maintained in the system. Only records pertaining
to individuals are protected by the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
For owners, lessees, and operators: Names, addresses, and telephone
numbers.
For owners and lessees: Taxpayer's Identification Numbers;
Individual Taxpayer's Identification Numbers; Social Security Numbers;
citizenship status; status pursuant to Federal reclamation law; legal
descriptions or assessor parcel numbers; deeds; contracts or agreements
relative to the transfer of land ownerships, including excess land
sales and pertinent details of such sales; signature authorization
documents; power-of-attorney documents; irrevocable elections; terms
and effective dates of leases; leases; lease/purchase options; trust
agreements; partnership agreements; and corporate resolutions.
For farm operators: Farm operating agreements, type of services
provided, acreage operated by farm operators, and other pertinent
details.
Authority for maintenance of the system: Reclamation Act of 1902,
as amended and supplemented (43 U.S.C. 371), especially sections 206,
224(c), 224(g), and 228 of the Reclamation Reform Act of 1982 (43
U.S.C. 390aa).
PURPOSE(s):
The primary purpose of the system is to obtain from landowners and
lessees written information on their landholdings that is pertinent to
their compliance with the ownership and full-cost pricing provisions of
Federal reclamation law.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The data collected are used by district and Bureau of Reclamation
personnel to determine compliance with Federal reclamation law.
Disclosures outside the Department of the Interior may be made
pursuant to 43 CFR 2.56 and: (1) To the U.S. Department of Justice or
in a proceeding before a court or adjudicative body when (a) the United
States, the Department of the Interior, a component of the Department,
or when represented by the Government, an employee of the Department is
a party to litigation or anticipated litigation or has an interest in
such litigation, and (b) the Department of the Interior determines that
the disclosure is relevant or necessary to the litigation and is
compatible with the purpose for which the records were compiled; (2) Of
information indicating a violation or potential violation of a statute,
regulation, rule, order, lease, license, contract, grant, or other
agreement to appropriate Federal, State, tribal, territorial, local, or
foreign agencies responsible for investigating or prosecuting the
violation of, or for enforcing, implementing, or administering a
statute, regulation, rule, order, lease, license, contract, grant, or
other agreement; (3) To a congressional office from the record of an
individual in response to an inquiry the individual has made to the
congressional office; (4) To non-Federal auditors under contract with
the Department of the Interior to perform audits relating to the
acreage limitation program; (5) To the Internal Revenue Service for the
purpose of reporting the existence of ``illegal Federal irrigation
subsidies'' as defined by Section 90 of the Internal Revenue Code; and
(6) To financial institutions for the purpose of acquiring information
needed by the lender to complete the certification and reporting
requirements of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa)
for involuntarily acquired irrigable or irrigation land.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosure pursuant to 5 U.S.C. 552a(b)(12). Disclosures may be
made from this system to consumer reporting agencies as defined in the
Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in manual form in file folders and, where
automated, on magnetic media.
RETRIEVABILITY:
Manual records are retrieved by district and/or landholder name, by
assessor parcel number, by excess land sale number, and/or by acreage
limitation topic (e.g., trusts, farm operators, etc.). Automated
records are retrieved by district identification number; sale number;
landholder name; operator name; Social Security Number (if available);
Taxpayer's Identification Number; Individual Taxpayer's Identification
Number; telephone number; address; and/or identifying property
characteristics, such as an assessor's parcel number.
[[Page 13236]]
SAFEGUARDS:
Records are maintained with safeguards in accordance with
requirements of 43 CFR 2.51 for manual and computer records, and 43 CFR
2.52 for conduct of employees handling records subject to the Act.
RETENTION AND DISPOSAL:
Certiification and reporting forms (including verification forms)
are retained for 6 years, at a minimum. The most current fully
completed certification and reporting forms are maintained on file with
the most current verification form, in accordance with 43 CFR
426.19(e). All other records are retained in compliance with Bureau of
Reclamation retention schedules that have been approved by the National
Archives and Records Administration.
SYSTEM MANAGER(s) AND ADDRESS:
Manager, Reclamation Law, Contracts, and Repayment Office, Bureau
of Reclamation, Denver Federal Center, PO Box 25007, Denver, Colorado
80225-0007.
NOTIFICATION PROCEDURE:
For inquiries regarding the existence of their own certification
and reporting forms, individuals should contact the districts in which
they have filed forms. For requests for access to other records in the
system, individuals may send a written request to the appropriate
office listed under ``System Location.'' If you are unable to determine
which office has the records, you may address your inquiry to the
nearest Reclamation office listed in the appendix, or to the System
Manager. Requests for notification of the existence of records shall be
in writing, signed by the requester, and in compliance with the content
requirements of 43 CFR 2.60.
RECORDS ACCESS PROCEDURES:
For requests for access to their own certification and reporting
forms, individuals may contact the district(s) in which they have filed
forms. For requests for access to other records in the system,
individuals may send a written request to the appropriate office listed
under ``System Location.'' If you are unable to determine which office
has the records, you may address your inquiry to the nearest
Reclamation office listed in the appendix, or to the System Manager.
Requests for access to records shall be in writing, signed by the
requester, and in compliance with the content requirements of 43 CFR
2.63.
CONTESTING RECORD PROCEDURES:
For requests for amendment of their own certification and reporting
forms, individuals shall contact the district(s) in which they have
filed forms. For request for amendment of other records in this system,
individuals may send a written request to the appropriate office listed
under ``System Location.'' If you are unable to determine which office
has the records, you may address your inquiry to the nearest
Reclamation office listed in the appendix, or to the System Manager.
Requests for amendment of records shall be in writing, signed by the
requester, and in compliance with the content requirements of 43 CFR
2.71.
RECORD SOURCE CATEGORIES:
Individuals on whom records are maintained, certain Federal
agencies, State and local governmental units, and land appraisers.
[FR Doc. 99-6441 Filed 3-12-99; 8:45 am]
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