[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
[Notices]
[Pages 17412-17413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8842]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement


Privacy Act of 1974; As Amended; Revisions to the Existing System 
of Records

AGENCY: Office of Surface Mining, Interior.

ACTION: Proposed revisions to an existing system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended (5 
U.S.C. 552a), the Office of Surface Mining (OSM) is issuing public 
notice of its intent to modify an existing Privacy Act system of 
records notice, OSM-8, ``Employment and Financial Interests 
Statements--States and Other Federal Agencies.'' The revisions will 
update the System Name, System Location address, System Manager(s); 
accurately define the Categories of Individuals Covered by the System, 
Categories of Records in the System, Authority for Maintenance of the 
System, Safeguards, Retention and Disposal; and clarify the 
Notification Procedure, Record Access Procedures and Contesting Record 
Procedures.

EFFECTIVE DATE: 5 U.S.C. 552a(e)(11) requires that the public be 
provided a 30-day period in which to comment on the intended use of the 
information in the system of records. The Office of Management and 
Budget, in its Circular A-130, requires an additional 10-day period 
(for a total of 40 days) in which to make these comments. Any persons 
interested in commenting on this revised system of records may do so by 
submitting comments in writing to the U.S. Department of the Interior, 
Office of Surface Mining, Privacy Officer, 1951 Constitution Avenue, 
NW, Mail Stop 262-SIB, Washington, DC 20240. Comments received within 
40 days of publication in the Federal Register will be considered. The 
system will be effective as proposed at the end of the comment period, 
unless comments are received which would require a contrary 
determination.

ADDRESS: Send written comments to the U.S. Department of the Interior, 
Office of Surface Mining, Privacy Act Officer, Mail Stop 262-SIB, 1951 
Constitution Avenue, NW, Washington, DC 20240. You may also hand 
deliver comments to the same address.

FOR FURTHER INFORMATION CONTACT: Chief, Office of Personnel, Office of 
Surface Mining, 1951 Constitution Avenue, NW, Washington, DC 20240.

SUPPLEMENTARY INFORMATION: Earlier Privacy Act Compilations list the 
systems of records with the prefix ``OSMRE'' (e.g., OSMRE-8) as 
originally published in the Federal Register. The prefix was changed to 
``OSM'' in subsequent records systems for convenience. The OSM is 
proposing to amend the system notice for OSM-8 ``Employment and 
Financial Interests Statements--States and Other Federal Agencies,'' 
previously published in the Federal Register on June 6, 1989 (54 FR 
24270). This revision is needed to update required data elements as 
well as the System Name, System Location, System Manager(s) and 
Address. This revision more precisely defines the Categories of 
Individuals Covered by the System, Categories of Records in the System, 
Authority for Maintenance of the System, as well as Safeguards, and 
Retention and Disposal policies and practices; and makes minor 
clarifying changes to the Notification Procedure, Record Access 
Procedures and Contesting Record Procedures.

    Accordingly, the OSM proposes to amend the ``Employment and 
Financial Interests Statements--States and Other Federal Agencies,'' 
OSM-8 in its entirety to read as follows:
Robert Ewing,
Chief Information Officer, Office of Surface Mining.
INTERIOR/OSM-8

SYSTEM NAME:
    Employment and Financial Interests Statements--States and Federal 
Agencies.

SYSTEM LOCATION:
    Office of Surface Mining Reclamation and Enforcement (OSM), 
Department of the Interior, 1951 Constitution Avenue, NW, Room 340, 
Washington, DC 20240.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    1. Office of Surface Mining employees by 30 CFR 706.15(a); 2. The 
head of each State regulatory authority who is required to file a 
financial statement with the Director of the Office of Surface Mining 
Reclamation and Enforcement by 30 CFR 705.15; 3. Federal employees, 
other than Interior Department employees, who are required to file a 
financial interest statement by 30 CFR 706.11(b) and who file with the 
Director of the Office of Surface Mining Reclamation and Enforcement in 
accordance with 30 CFR 706.15(c); and 4. State employees, and Federal 
employees other than Interior Department employees, whose financial 
interest statements are referred to the Department of the Interior in 
accordance with 30 CFR 705.19(a)(3) or 30 CFR 706.19(c).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Contains statements of employment and financial interests forms for 
Federal employees (OGE Form 450 & DI-1993), and for State employees 
(Form 23). Also contains records of decisions, analysis of financial 
holdings, employee statements, pertinent comments from supervisors, 
agency heads, and the Solicitor's Office, and related records.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 201 (c) and (f) and 517(g) of Pub. L. 95-87 and 30 CFR 705 
and 706.

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: (a) To review employee 
financial interests and determine employee compliance or non-compliance 
with the applicable statute and regulations; (b) to record the fact 
that the employee has been made aware of specifically directed 
legislation or regulations covering his organization and duties and 
that he or she is in compliance with such specific legislation or 
regulations; and (c) to provide an adequate system of records for 
auditors performing compliance audits. Disclosures outside the 
Department of the Interior may be made (1) to the 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

[[Page 17413]]

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 or license, to 
appropriate Federal, State, or local agencies responsible for 
investigating or prosecuting the violation or, (3) to Federal, State or 
local agencies where necessary to obtain information relevant to 
resolving prohibited financial interest situations or to litigation 
which may affect the hiring or retention of an employee; (4) to a 
Congressional office from the record of an individual in response to an 
inquiry made at the request of that individual.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Maintained in file orders.

RETRIEVABILITY:
    Filed alphabetically by employee name.

SAFEGUARDS:
    Maintained in a safe having a three-position dial-type, 
manipulation proof, combination lock.

RETENTION AND DISPOSAL:
    Records will be destroyed six years after receipt unless needed in 
an ongoing investigation (National Archives and Records Administration, 
General Records Schedule, 1, Item 24). Records referred will be 
returned to the referring agency for disposal in accordance with that 
agency's disposal policy.

SYSTEM MANAGER(S) AND ADDRESS:
    Chief, Office of Personnel, Office of Surface Mining, Department of 
the Interior, 1951 Constitution Ave., NW, Room 340, Washington, DC 
20240.

NOTIFICATION PROCEDURE:
    To determine whether information is maintained on you in this 
system, write to the System Manager. See 43 CFR 2.60.

RECORD ACCESS PROCEDURES:
    To see your records, write to the System Manager. Describe as 
specifically as possible the record sought and mark the request 
``Privacy Act Request for Access.'' See 43 CFR 2.63.

CONTESTING RECORD PROCEDURES:
    A petition for amendment shall be addressed to the System Manager 
and meet the content requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
    Present or past Federal or State employees required to file 
employment and financial interests statements.

[FR Doc. 99-8842 Filed 4-8-99; 8:45 am]
BILLING CODE 4310-05-M