[Federal Register Volume 66, Number 239 (Wednesday, December 12, 2001)]
[Notices]
[Pages 64209-64211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30658]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 66, No. 239 / Wednesday, December 12, 2001 / 
Notices  

[[Page 64209]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974; Amendment of Existing System of Records; 
USDA/FS-26, Trespass and Claims

AGENCY: Office of the Secretary, USDA.

ACTION: Notice; amendment of system of records; request for comments.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
U.S. Department of Agriculture is proposing to amend its existing 
system of records entitled USDA/FS-26, Trespass and Claims, to add new 
routine uses. USDA invites public comment on this publication.

DATES: Effective Date: These system amendments will be adopted without 
further notice on February 11, 2002, unless modified by a subsequent 
notice to incorporate comments received from the public.
    Comment Date: Comments must be received on or before January 11, 
2002.

ADDRESSES: Send written comments to the Director, Financial Management 
(MAIL STOP 1139), Forest Service, USDA, PO Box 96090, Washington, DC 
20090-6090. Those who submit comments should be aware that all 
comments, including names and addresses when provided, are placed in 
the record and are available for public inspection. Individuals wishing 
to inspect comments are encouraged to call (703) 605-4763 to make 
arrangements.

FOR FURTHER INFORMATION CONTACT: Janet Arling, Financial Management 
Staff, Forest Service, at (304) 636-1800, ext. 208.

SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act, 5 U.S.C. 552a, 
the U.S. Department of Agriculture is proposing to amend USDA/FS-26, an 
existing system of records maintained by the Forest Service. The 
amendment will add a new routine use to conform this system of records 
with the Debt Collection Improvement Act of 1996 and, thus, allow 
referral of legally enforceable debts to the Department of the Treasury 
for the purpose of participating in the Treasury Offset Program and 
Cross-Servicing Program as required by section 31001 of the Debt 
Collection Improvement Act of 1996, Public Law 104-134 (31 U.S.C. 
3711).
    Other changes to the routine uses include expanding the purposes 
for which disclosure of these records may be made to the Department of 
Justice to include requesting legal advice; adding disclosure to a 
court or other tribunal when the Agency is party to or has interest in 
litigation and when the Agency determines the records are relevant and 
necessary and disclosure is compatible with the purpose for which the 
Agency collected the records; adding disclosure to a State or local 
government in an effort to recoup debts owed the Government; and adding 
disclosure to the Department of the Treasury for publication in Notice 
of Delinquent Debtors.
    The system locations are being changed by adding the offices of 
Forest Supervisors and District Rangers. Other changes to the system of 
records include adding a purpose statement, clarifying the categories 
of records in this system, and updating authorities for maintaining the 
system.
    In accordance with the Privacy Act and OMB Circular A-130, the 
Department of Agriculture has provided a report on this revised system 
of records to the Office of Management and Budget (OMB) and to the 
Congress.
    A copy of the amended system of records is set out at the end of 
this notice. Although the Privacy Act only requires a Federal agency to 
solicit comments from the public with respect to changes in a system's 
routine use, the Department of Agriculture invites comments on all 
portions of this notice.

    Dated: December 5, 2001.
Ann M. Beneman,
Secretary of Agriculture.
USDA/FS-26

System Name:
    Trespass and Claims, USDA/FS.

Security Classification:
    None.

System Location:
    These records are located at the Forest Service offices of the 
Chief, the Regional Foresters, Forest and Rangeland Experiment Station 
Directors, the Directors of the Forest Products Laboratory and the 
International Institute of Tropical Forestry, the Northeastern Area 
Director, Forest Supervisors, and District Rangers. The addresses of 
these offices are listed in 36 CFR part 200, subpart A, or in local 
telephone directories under the heading ``United States Government, 
Department of Agriculture, Forest Service.''

Categories of individuals covered by the system:
    Individuals who file claims against the Forest Service pursuant to 
the Federal Tort Claims Act, the Military Personnel and Civilian 
Employees' Claims Act of 1964, and the various Forest Service Claims 
Acts; individuals against whom the Forest Service has claims; and 
individuals who claim title to National Forest System lands pursuant to 
the Adjustment of Land Titles Act, Quiet Claim Act, Color of Title Act, 
Wisconsin Land Title Act, or the Real Property-Quiet Title Act.

Categories of records in the system:
    The system consists of files on individual claims, information on 
the circumstances of the loss for which the claimant is seeking relief 
or the circumstances of the loss for which the Government is seeking 
relief, opinions of the Office of the General Counsel, and disposition 
of the case. The files also include claim forms, police reports, 
investigation and accident reports, statements of witnesses, agency 
reports, financial data, Social Security or employer identification 
numbers, bank routing and account numbers, and electronic fund transfer 
information of individuals subject to a claim of the Forest Service.

Authority for maintenance of the system:
    5 U.S.C. 301, 7 U.S.C. 1921, 2253; 16 U.S.C. 502, 556c and 574; 28 
U.S.C. 2409a and 2671-2680; 31 U.S.C. 3701, 3711, 3721, 3723, 42 U.S.C. 
1471, and 43 U.S.C. 872, 1068 and 1221.

Purpose(s):
    The purpose of this system of records is to maintain (1) records 
related to debts owed the agency to ensure the agency and the United 
States will obtain

[[Page 64210]]

payment and (2) administrative files of claims submitted against the 
agency to provide for legal determinations made in regard to these 
claims.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    1. Disclose information concerning constituents, who are delinquent 
debtors, to a Member of Congress or to a Congressional staff member in 
response to an inquiry generated by the written request of the 
constituent about whom the record is maintained.
    2. Disclose information to the Department of Justice (DOJ), or to a 
court or other tribunal, when: (a) The agency or any component thereof; 
or (b) any employee of the agency in his or her official capacity; or 
(c) any employee of the agency in his or her individual capacity where 
the agency has agreed to represent the employee; or (d) the United 
States is party to litigation or has an interest in such litigation and 
by careful review, the agency determines that the records are both 
relevant and necessary to the litigation and in each case, the agency 
determines that disclosure of the records is a use of the information 
contained in the records that is compatible with the purpose for which 
the agency collected the records. Disclosure may also be made to the 
DOJ when the DOJ is requested to provide legal advice to the agency or 
is contemplating representing the agency in proposed litigation.
    3. Disclose information concerning delinquent debtors to the 
Department of Justice for the purpose of litigating to enforce 
collection of a delinquent debt or to obtain the concurrence in a 
decision to compromise, suspend, or terminate collection action on a 
debt with a principal amount in excess of $100,000 or such higher 
amount as the Attorney General may, from time to time, prescribe in 
accordance with 31 U.S.C. 3711(a).
    4. Disclose information concerning delinquent debtors to the U.S. 
Department of the Treasury, Financial Management Service, and to any 
other debt collection center designated by the Secretary of the 
Treasury, or any debt collection contractor for the purpose of 
collecting the debt by cross servicing in accordance with 31 U.S.C. 
3711(m).
    5. Disclose information concerning delinquent debtors to the U.S 
Department of the Treasury, Financial Management Service, or to any 
other debt collection center designated by the Secretary of the 
Treasury, or any federal agency for the purpose of collecting the debt 
through offset under 31 U.S.C. 3716 (administrative offset), 31 U.S.C. 
3720A (Tax refund offset), 5 U.S.C. 5514 (salary offset), or offset 
under any other statutory or common law authority.
    6. Disclose information concerning delinquent debtors to other 
Federal agencies for the purpose of implementing 31 U.S.C. 3720B, which 
prohibits persons who are delinquent on Federal debts from obtaining 
Federal financial assistance in the form of loans or loan insurance or 
guaranties.
    7. Disclose information concerning delinquent debtors to any 
employer of the debtor for the purpose of conducting administrative 
wage garnishment pursuant to 31 U.S.C. 3720D.
    8. Disclose information concerning delinquent debtors to other 
Federal agencies or the public for the purpose of selling the debt 
pursuant to 31 U.S.C. 3711(i).
    9. Disclose information or publicly disseminate information 
concerning delinquent debtors and the debt to the public for the 
purpose of publicly disseminating information regarding the identity of 
the debtor pursuant to 31 U.S.C. 3720E.
    10. Disclose information concerning delinquent debtors to State and 
local governments in an effort to collect debts owed the Federal 
Government.
    11. Disclose information concerning delinquent debtors to the 
Internal Revenue Service for the purposes of effecting an 
administrative offset against the debtor's income tax refund to recover 
a delinquent debt owed to the United States by the debtor, or obtaining 
the mailing address of a taxpayer/debtor in order to locate the 
taxpayer/debtor to collect or compromise a Federal claim against the 
taxpayer/debtor in accordance with 31 U.S.C. 3711, 3717, 3728 and 3718 
and 26 U.S.C. 6103(m)(2) and 6402.
    12. Disclose information concerning delinquent debtors to the 
Department of Defense or the U.S. Postal Service or other Federal 
agency for the purpose of conducting an authorized computer matching 
program in compliance with the Privacy Act of 1974, as amended, so as 
to identify and locate individuals receiving Federal payments 
(including, but not limited to, salaries, wages, and benefits) for the 
purpose of requesting voluntary repayment or implementing Federal 
employee salary offset or administrative offset procedures.
    13. Disclose information concerning delinquent debtors to the 
Department of Defense or the U.S. Postal Service or other Federal 
agency for the purpose of participating in computer matching programs 
to effect an administrative offset against Federal payments certified 
to be paid to the debtor to recover a delinquent debt owed to the U.S. 
Government by the debtor.

Disclosure to consumer reporting agencies:
    Disclosure pursuant to 5 U.S.C. 552a(b)(12): The agency may 
disclose to ``consumer reporting agencies'' as defined in the Fair 
Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims 
Collection Act (31 U.S.C. 3701(A)(3)), information concerning overdue 
claims from this system of records that is necessary to establish the 
identity of the debtor, including name, address, and taxpayer 
identification number; amount, status, and history of the debt or 
claim; and the program under which the debt or claim arose.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained in file folders, while active. Closed files 
are retained for the required retention period. Closed files are 
electronically scanned, and the information is retained on magnetic 
disk for the required retention period. Closed paper files are 
appropriately destroyed. An electronic subset of delinquent debts due 
the Government is maintained for transmission to the Department of the 
Treasury for cross servicing in accordance with 31 U.S.C. 3711(m). 
Authorized personnel may access this data.

Retrievability:
    Records are indexed and retrieved by the name of the individual 
claimant or debtor. Data may be retrieved from the paper records, 
magnetic disk, or electronic files.

Safeguards:
    Records are kept in a locked office. A limited subset of data is 
maintained in an on-line retrieval system. Access is restricted to 
authorized Forest Service and Department of the Treasury personnel. A 
system of operator and terminal passwords is used to restrict access to 
the on-line system. Passwords are changed as necessary.

Retention and disposal:
    Records are maintained subject to the Federal Records Disposal Act 
of 1943 (44 U.S.C. 366-380) and retained until the court order is 
lifted, litigation is concluded, or up to 10 years 3 months have 
elapsed, whichever is greater.

System manager(s) and address:
    Director, Financial Management, Forest Service, U.S. Department of 
Agriculture, PO Box 96090, Washington DC 20090-6090, or the appropriate

[[Page 64211]]

Director of Financial Management at the addresses specified under 
System Location.

Notification procedures:
    Any individual may request information regarding this system of 
records or information as to whether the system contains records 
pertaining to him or her from the Director, Financial Management, 
Forest Service, U.S. Department of Agriculture, Washington, DC, or the 
appropriate Director of Financial Management at the address identified 
under System Location. If the specific location of the records is not 
known, the individual should address a request to the Director of 
Financial Management in Washington, DC. The request should be in 
writing and should contain name, address, and particulars of the claim.

Record access procedures:
    Use same procedures as those prescribed in Notification Procedures.

Contesting record procedures:
    Use same procedures as those prescribed in Notification Procedures.

Record source categories:
    Information in this system comes primarily from the claimant, the 
claimant's or debtor's attorney or legal representative, witnesses, 
agency employees, and local and federal investigation personnel.

Exemptions claimed for the system:
    None.
[FR Doc. 01-30658 Filed 12-11-01; 8:45 am]
BILLING CODE 3410-11-P