[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Notices]
[Pages 52116-52118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21927]


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FEDERAL EMERGENCY MANAGEMENT AGENCY


Privacy Act of 1974: Cerro Grande Fire Assistance Claim Files

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), we 
(FEMA) give notice that we are establishing a new system of records 
under the authority of the Cerro Grande Fire Assistance Act, Public Law 
106-246. This system of records will enable us to register claims, 
verify information provided by claimants, make determinations for 
compensation, and process and evaluate appeals as required by the Cerro 
Grande Fire Assistance Act.

DATES: This new system of records takes effect August 28, 2000. We will 
accept public comments until September 28, 2000.

ADDRESSES: We invite your comments on this system of records. Please 
address them to the Rules Docket Clerk, Office of the General Counsel, 
Federal Emergency Management Agency, room 840, 500 C Street, SW., 
Washington, DC 20472, (telefax) (202) 646-4536, or (email) 
[email protected].

FOR FURTHER INFORMATION CONTACT: Sandra Jackson, FOIA/Privacy Act 
Specialist, Federal Emergency

[[Page 52117]]

Management Agency, room 840, 500 C Street, SW., Washington, DC 20472, 
(202) 646-3840, (telefax) (202) 646-4536, or (email) 
[email protected].

SUPPLEMENTARY INFORMATION:
    We are establishing a claims control and management system to 
maintain information about injured persons who have filed claims under 
the Cerro Grande Fire Assistance Act, Public Law 106-246. The Congress 
enacted the statute to compensate victims of the Cerro Grande fire that 
occurred in New Mexico in May 2000. On May 4, 2000, the National Park 
Service of the Department of the Interior initiated a prescribed burn 
at Bandelier National Monument in New Mexico. Within twenty-four hours, 
the prescribed burn grew out of control and turned quickly into a 
wildfire (also referred to as the Cerro Grande fire) consuming both 
Federal and non-Federal land. The fire caused evacuations in the Los 
Alamos, New Mexico area. Damage from the fire was extensive, resulting 
in the loss of Federal, State, local, tribal, and private property. The 
Secretary of the Interior and the National Park Service assumed 
responsibility for the fire and for the resulting property damage.
    The Cerro Grande Fire Assistance Act provides for the expeditious 
consideration and settlement of claims for injuries suffered as a 
result of the fire. Under the statute, the Congress charged FEMA with 
establishing and administering the Office of Cerro Grande Fire Claims 
to handle claims from persons injured as a result of the fire.
    This system of records will maintain information regarding claims 
filed by injured persons under the statute. It will consist of 
computerized files and paper records retrieved by name, address, and 
claim number.
    Accordingly, we add FEMA/CGC-1, of the FEMA Privacy Act systems of 
records to read as follows:
  

SYSTEM NAME:
    FEMA/CGC-1, Cerro Grande Fire Assistance Act Claim Files.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Cerro Grande Fire Assistance Claims Office, New Mexico.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Injured parties claiming compensation for injury to person, 
property, and economic losses resulting from the Cerro Grande fire of 
May 2000, and subrogees of such injured parties.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (a) Records of claims include names, addresses, telephone numbers, 
nature and amount of claim, insurance coverage information, and 
evidence to support claim for the purpose of receiving compensation.
    (b) Inspection and appraisal reports containing identification 
information relating to the claim and results of survey of damaged 
property and goods.
    (c) Supporting medical documentation.
    (d) Notice of Loss forms, Proof of Loss forms, documents from other 
agencies relating to the claim, general administrative and fiscal 
information, payment schedules, and disposition of claims, general 
correspondence, including requests for disbursement of payments, 
contracts, leases, estimates for repair or replacement of fire damaged/ 
destroyed residence or business.
    (e) Claim decisions and appeals.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Cerro Grande Fire Assistance Act, P.L. 106-246, 106th Congress, 2d 
Session (2000), 114 Stat. 511, 584.

PURPOSE:
    To register claims, evaluate and verify information provided by 
claimants, inspect damaged property, make determinations for 
compensation, and make determinations on claims relating to reasonable 
mitigation efforts which reduce the risk of wildfire, flood, or other 
natural disaster in the affected counties.

ROUTINE USES RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF 
USERS AND THE PURPOSES OF SUCH ACTS:
    The Privacy Act permits us to disclose information about 
individuals without their consent for a routine use, i.e., when the 
information will be used for a purpose that is compatible with the 
purpose for which we collected the information. The routine uses of 
this system are:
    (a) Disclosure may be made to agency contractors who have been 
engaged to assist the agency in the performance of a contract service 
related to this system of records and who need to have access to the 
records in order to perform the activity. Recipients must comply with 
the requirements of the Privacy Act of 1974, as amended, 5 USC 552a.
    (b) Disclosure may be made to a member of Congress or to a 
Congressional staff member in response to an inquiry of the 
Congressional office made at the written request of the constituent 
about whom the record is maintained.
    (c) Disclosure may be made to other Federal agencies that FEMA has 
determined provided Cerro Grande fire-related assistance to claimant in 
order to ensure that benefits are not duplicated.
    (d) Disclosure of information submitted by an individual Claimant 
may be made to an insurance company or other third party that has 
submitted a subrogation claim relating to such Claimant when it is 
necessary in FEMA's opinion to ensure that benefits are not duplicated 
and to efficiently coordinate the processing of claims brought by 
individuals and subrogees.
    (e) Disclosure of property loss information may be made to local 
governments in Los Alamos, Rio Arriba, Sandoval and Santa Fe counties 
and the Pueblos of San Ildefonso and Santa Clara for the purpose of 
preparing community-wide mitigation plans.
    (f) When a record on its face, or in conjunction with other 
records, indicates a violation or potential violation of law, whether 
civil, criminal or regulatory in nature, and whether arising by general 
statute or particular program statute, or by regulation, rule, or order 
issued pursuant thereto, disclosure may be made to the appropriate 
agency, whether Federal, foreign, State, local, or tribal or other 
public authority responsible for enforcing, investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order issued pursuant thereto, if 
the information disclosed is relevant to any enforcement, regulatory, 
investigative or prosecutive responsibility of the receiving entity.
    (g) Disclosure may be made to the National Archives and Records 
Administration for the purpose of conducting records management studies 
under the authority of 44 U.S.C. 2904, and 2906.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures under 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).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
    Storage: Records in this system are stored in magnetic media (e.g., 
computer hard drives and computer disks) and on paper. Paper printouts 
of these data are made when required for study. The system may also 
contain photocopies of numerous documents

[[Page 52118]]

and records, which are filed in appropriate file folders.
    Retrievability: By name, address, and claim number.
    Safeguards: We will employ a number of security measures to 
minimize the risk of unauthorized access to or disclosure of personal 
data in the proposed system. These measures include the use of 
passwords and access codes to enter the computer system which will 
maintain the data, and storage of the computerized records and paper 
records in secured areas that are accessible only to employees who 
require the information in performing their official duties. Paper 
documents are stored either in lockable file cabinets within locked 
rooms or in otherwise secured areas. In addition, we will require 
contract employees to comply with the safeguards that must be followed 
to protect the data.
    Retention and Disposal: The files are maintained at the Cerro 
Grande Fire Assistance Claims Office until completion of a claim. After 
such time, the files will be transferred to FEMA, 500 C Street, SW., 
Washington, DC for three years, and then they will be transferred to 
the appropriate Federal Records Center for seven years until they are 
destroyed. Means of disposal are appropriate to the storage medium 
(e.g., erasure of disks, shredding of paper records, etc.)

SYSTEM MANAGER(S) AND ADDRESSES:
    Director of the Cerro Grande Fire Assistance Claims Office, New 
Mexico; and FEMA, room 840, 500 C Street, SW., Washington, DC 20472.

NOTIFICATION PROCEDURES:
    An individual can find out whether this system of records contains 
information about him/her by writing to the system manager at the 
address shown above and providing his/her name and address. Inquiries 
should be addressed to the System Manager. Written requests should be 
clearly marked, ``Privacy Act Request'' on the envelope and letter. 
Include full name, some type of appropriate personal identification, 
and current address.
    When requesting notification of records in person, the individual 
should be able to provide some acceptable identification, such as a 
driver's license, passport, employing office's identification card, 
military identification card, student identification card or other 
identification data.

RECORDS ACCESS PROCEDURES:
    Same as notification procedures described above. Individuals 
requesting access to their records should also reasonably describe the 
record(s) they are seeking.

CONTESTING RECORDS PROCEDURE:
    Same as notification procedures described above. Individuals 
contesting the contents of a record in the system should also 
reasonably describe the record(s), specify the information being 
contested, and state the corrective action sought with supporting 
justification showing how the record is untimely, incomplete, 
inaccurate, or irrelevant. FEMA Privacy Act regulations are located at 
44 C.F.R. Part 6.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from claimants seeking 
compensation under the Cerro Grande Fire Assistance Act, P.L. 106-246, 
attorneys, claims adjusters, inspectors and appraisers, insurance 
companies, medical officials, and Federal, State, and local agencies.

SYSTEM EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT:
    None.

    Dated: August 23, 2000.
James L. Witt,
Director.
[FR Doc. 00-21927 Filed 8-25-00; 8:45 am]
BILLING CODE 6718-01-P