[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Notices]
[Pages 20017-20018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10213]



[[Page 20017]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Hearings and Appeals


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

AGENCY: Office of Hearings and Appeals, Department of the Interior.

ACTION: Proposed revisions to an existing system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, as amended (5 
U.S.C. 552a), the Office of Hearings and Appeals is issuing public 
notice of its intent to modify an existing Privacy Act system of 
records, OHA-01, ``Hearings and Appeals Files.'' The revisions will 
update the address of the system locations in its regional offices and 
the authority for maintenance of the system.

EFFECTIVE DATE: These actions will be effective April 23, 1999.

FOR FURTHER INFORMATION CONTACT: Director, Office of Hearings and 
Appeals, 4015 Wilson Boulevard, Arlington, Virginia 22203.

SUPPLEMENTARY INFORMATION: In this notice, the Department of the 
Interior is amending OHA-01, ``Hearings and Appeals Files,'' to update 
the address of the system locations in the regional offices and the 
authority for maintenance of the system. Accordingly, the Office of 
Hearings and Appeals proposes to amend ``Hearings and Appeals Files,'' 
OHA-01, in its entirety to read as follows:
Sue Ellen Sloca,
Office of the Secretary Privacy Act Officer, National Business Center.
INTERIOR/OHA-01

System Name:
    Hearings and Appeals Files--Interior, OHA-01.

SYSTEM LOCATION:
    (1) National headquarters: Office of Hearings and Appeals, 4015 
Wilson Boulevard, Arlington, Virginia 22203.
    (2) Field offices: Office of Hearings and Appeals, Hearings 
Division, Offices of Administrative Law Judges. (Contact the System 
Manager to obtain a current address list for these field offices).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals involved in hearings and appeals proceedings before the 
Hearings Division, Appeals Boards, and/or the Director of the Office of 
Hearings and Appeals (or his/her designee/s).

CATEGORIES OF RECORDS COVERED BY THE SYSTEM:
    Information assembled in case files pertaining to hearings 
proceedings, and to appeals to the Department relating to:
    (1) Contract disputes arising out of findings of fact or decisions 
by contracting officers of any bureau or office of the Department, or 
any field installation thereof, which are considered and decided 
finally for the Department by the Interior Board of Contract Appeals.
    (2) Indian probate matters, including determination of heirs, and 
approval of wills, except as to members of the Five Civilized Tribes, 
and resolution of appeals to the Department in such matters; 
proceedings in Indian probate relating to Tribal acquisition of certain 
interests of decedents in trust and restricted lands; and appeals 
pertaining to administrative actions of Bureau of Indian Affairs 
officials in cases involving determinations, findings and orders 
protested as a violation of a right or privilege of the appellant, 
which are considered and decided finally for the Department by the 
Interior Board of Indian Appeals.
    (3) Appeals from decisions rendered by Departmental officials 
relating to the use and disposition of mineral resources in certain 
acquired lands of the United States and in the submerged lands of the 
Outer Continental Shelf, which are considered and decided finally for 
the Department by the Interior Board of Land Appeals,
    (4) Appeals from orders and decisions issued by Departmental 
officials and administrative law judges in proceedings relating to 
surface coal mining control and reclamation which are considered and 
decided finally for the Department by the Interior Board of Land 
Appeals.
    (5) Wildlife civil penalty assessment hearings before 
administrative law judges of the Office of Hearings and Appeals and 
appeals from their orders and decisions which are considered and 
finally decided for the Department by the Director, Office of Hearings 
and Appeals, or ad hoc appeals boards appointed by him.
    (6) Appeals from orders and decisions of Departmental bureaus 
pertaining to relocation assistance benefits claims, or requests for 
waiver of claims for erroneous overpayments, considered and finally 
decided for the Department by the Director, Office of Hearings and 
Appeals, or ad hoc appeals boards appointed by him/her.
    (7) Grievance proceedings involving employees of the Department, in 
which hearings are conducted and recommended decisions are prepared by 
Office of Hearings and Appeals attorneys and hearing examiners under 
authority delegated by the Director, Office of Hearings and Appeals.
    (8) Proceedings and decisions by administrative law judges and the 
Director, Office of Hearings and Appeals, concerning nondiscrimination 
in Federally assisted programs in connection with which Federal 
financial assistance is extended under laws administered in whole or in 
part by the Department of the Interior Effectuation of Title VI of the 
Civil Rights Act of 1964.
    (9) Proceedings and decisions by administrative law judges and the 
Director, Office of Hearings and Appeals, concerning nondiscrimination 
in activities conducted under permits, rights-of-way, public land 
orders, and other Federal authorizations granted or issued under Title 
II of the Trans-Alaska Pipeline Authorization Act.
    (10) Proceedings and decisions by the Director, Office of Hearings 
and Appeals, or his/her designee/s, in matters arising under various 
statutes or Departmental regulations providing for a hearing and/or a 
right to appeal within the Department as set forth in 43 CFR part 4.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 43 CFR Part 4; 41 U.S.C. 601; 43 U.S.C. 1201; 43 
U.S.C. 1701; 25 U.S.C. 2, 9, 372, 373, 373a, 373b, 374; 43 U.S.C. 315a; 
43 U.S.C. 1601-1628; 5 U.S.C. 551; 30 U.S.C. 1202 et seq.; 43 U.S.C. 
1331; 30 U.S.C. chap. 2, 3, 3A, 5, 7, 15, 16, 23, 25 and 29.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The primary purpose of the system is the adjudication of appeals 
and determination of issues in hearings and appeals proceedings.
    Disclosure outside the Department of the Interior may be made:
    (1) To the U.S. Department of Justice, or to a court or 
adjudicative body with jurisdiction, 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 compatible with the purpose for which the 
records were compiled.
    (2) To appropriate Federal, State, local or foreign agencies 
responsible for investigating or prosecuting the violation of, or for 
enforcing or implementing a statute, rule, regulation,

[[Page 20018]]

order or license, when the disclosing agency becomes aware of 
information indicating the violation or potential violation of a 
statute, rule, regulation, order or license.
    (3) To a congressional office in connection with an inquiry an 
individual covered by the system has made to the congressional office.

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.

RETRIEVABILITY:
    Records are indexed and retrieved by the name of the appellant, 
claimant, or other party, or by designated Office of Hearings and 
Appeals docket number.

SAFEGUARDS: 
    Access to and use of these records is limited to those persons 
whose official duties require such access. Records are maintained in 
accordance with 43 CFR 2.51.

RETENTION AND DISPOSAL:
    Records are retained in accordance with approved records retention 
and disposal schedules.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Office of Hearings and Appeals, U.S. Department of the 
Interior, 4015 Wilson Boulevard, Arlington, Virginia 22203.

NOTIFICATION PROCEDURE:
    Inquiries regarding the existence of records shall be addressed to 
the System Manager. The request must be in writing, signed by the 
requestor, and comply with the content requirements of 43 CFR 2.60.

RECORD ACCESS PROCEDURES:
    A request for access shall be addressed to the System Manager. The 
request must be in writing, signed by the requester, and comply with 
the content requirements of 43 CFR 2.63.

CONTESTING RECORD PROCEDURES:
    A petition for amendment shall be addressed to the System Manager. 
The request must be in writing, signed by the requester, and comply 
with the content requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
    Records in the system contain information submitted by all parties 
to the adjudication, including but not limited to the following 
categories of individuals: appellants, claimants, grievants, and other 
persons involved in the hearings and appeals proceedings, and 
government officials.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 99-10213 Filed 4-22-99; 8:45 am]
BILLING CODE 4310-RK-P