[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Pages 51332-51334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17305]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Privacy Act of 1974; Systems of Records

AGENCY: Natural Resources Conservation Service (NRCS), USDA.

ACTION: NRCS is revising the System of Records from 1994.

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SUMMARY: Publication of the NRCS revision to the System of Records to 
reflect an Agency reorganization changing the name of the Soil 
Conservation Service to the Natural Resources Conservation Service, to 
change the system name to reflect categories of files contained in the 
system, to add a routine use to allow records to be accessed by 
technical service providers and contractors, and to update authorities, 
agency contact

[[Page 51333]]

information, system accessibility, file maintenance, storage, and 
retrieval.

EFFECTIVE DATES: August 30, 2005.

FOR FURTHER INFORMATION, CONTACT: Edward M. Biggers, Jr., Director, 
Management Services Division, 1400 Independence Avenue SW., Room 6136-
S, Washington, DC 20250.

SUPPLEMENTARY INFORMATION: Section 2701 of the 2002 Farm Bill amended 
Section 1242 of the Food Security Act to require the Secretary of 
Agriculture to provide technical assistance for conservation programs 
authorized under Title XII of the Food Security Act to an agricultural 
producer eligible for that assistance ``directly * * * or at the option 
of the producer, through a payment * * * to the producer for an 
approved third party, if available.'' The Secretary of Agriculture 
delegated authority to implement Section 1242 to NRCS.
    Amended Section 1242 of the Food Security Act greatly expands the 
availability of technical assistance to landowners, operators, 
producers, cooperators, or participants by allowing non-USDA providers 
of technical assistance to assist in the delivery of technical 
services. In order to provide technical assistance for Title XII 
programs, third party providers of technical services must be able to 
access landowner, operator, producer, cooperator, or participant 
information.
    This Notice of Revision to Privacy Act System of Record, by adding 
a new routine use (7) to the NRCS System of Records (see attachment), 
allows disclosure to contractors and technical service providers for 
the purpose of providing technical services to a landowner, operator, 
producer, cooperator, or participant.

Summary of Changes

    As published, the current system of records contains information 
that is in need of updating.
    System Name: The name of the system is changed from ``Program 
Cooperators--Soil Conservation Service, USDA/SCS'' to ``Landowner, 
Operator, Producer, Cooperator, or Participant Files--Natural Resources 
Conservation Service, USDA/NRCS.''
    System Location: System location is changed by updating the name of 
the system and adding an Internet address and data center information.
    Categories of Individuals Covered by the System: Categories of 
individuals covered by the System is changed by adding categories of 
individuals covered by the system.
    Categories of Records in the System: Categories of Records in the 
System is changed by adding categories of records covered by the 
system.
    Authority for Maintenance of the System: Authority for maintenance 
of the system is changed from ``16 U.S.C. 590 a-f, q, q-1 and 42 U.S.C. 
3271-3274'' to ``16 U.S.C. 590 a-f, q, q-1 and other applicable 
authorities.''
    Routine Uses of Records Maintained in the System, Including 
Categories of Users and the Purposes of Such Uses: This section was 
changed by adding a new Routing Use, 7, which states, 
``[d]isclosure may be made to contractors or to technical service 
providers as necessary to provide technical services to NRCS 
landowners, operators, producers, cooperators, and participants and 
such disclosure shall be made subject to the purposes for which the 
contractor or technical service provider is hired.''
    Storage: Storage is changed by updating the methods by which 
records are stored.
    Retrievability: Retrievability is changed by updating the methods 
by which records are retrieved.
    Safeguards: Safeguards is changed by updating the name of the 
Agency and how files are maintained, and by adding system access and 
authorization.
    Retention and Disposal: Retention and disposal is changed by 
updating the categories of individuals covered by the system.
    System Manager(s) and Address: System manager(s) and address is 
changed by adding an Internet address and updating the Agency name.
    Notification Procedure: Notification procedure is changed by 
updating how individuals may request information regarding the system.
    Record Access Procedures: Record access procedures are changed by 
updating how individuals may obtain procedures for gaining access to a 
record in the system.
    Contesting Record Procedures: Contesting record procedures are 
changed by updating how individuals may obtain procedures for 
contesting a record in the system.
    Record Source Categories: Record source categories are changed by 
updating the categories of individuals covered by the system and the 
Agency name.

    Signed in Washington, DC on August 24, 2005.
Mike Johanns,
Secretary.
Department of Agriculture/Natural Resources Conservation Service--1

System Name:
    Landowner, Operator, Producer, Cooperator, or Participant Files--
Natural Resources Conservation Service, USDA

System Location:
    Program landowner, operator, producer, cooperator, or participant 
files are maintained in all NRCS county field delivery locations, 
mostly USDA Field Service Centers in the county seat. Addresses of each 
field office are listed in the local telephone directories of the field 
office locations under the heading, ``United States Government, 
Department of Agriculture, Natural Resources Conservation Service.'' 
Addresses may also be obtained at http://www.nrcs.usda.gov. Program 
landowner, operator, producer, cooperator, or participant files are 
also maintained in USDA data centers at Fort Collins, Colorado; Kansas 
City, Missouri, St. Louis, Missouri, and other authorized secure data 
centers.

Categories of Individuals Covered by the System:
    Landowners, operators, producers, cooperators, or participants with 
NRCS programs.

Categories of Records in the System:
    The system consists of electronic databases and file folders 
containing information on an individual's conservation plans, cost-
share agreements, conservation practice designs, hardcopy and 
electronic resource and planning maps, resource inventory data, 
assistance notes, personal and economic data, and other material 
necessary to provide assistance to the landowner, operator, producer, 
cooperator, or participant in conserving natural resources on their 
land they manage.

Authority for Maintenance of the System:
    16 U.S.C. 590 a-f, q, q-1 and other applicable authorities.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    (1) Records may be disclosed to cooperating Federal, State, and 
local agencies, as necessary for implementation of conservation 
programs.
    (2) Disclosure may be made to a congressional office from the 
record of an individual in response to an inquiry from the 
congressional office made at the request of that individual.
    (3) Disclosure to Federal, State, and local agencies, when 
necessary to certify that a conservation plan is in effect for land 
users to qualify for other USDA program benefits.
    (4) Referral to the Department of Justice with (a) the Agency, or 
any

[[Page 51334]]

component thereof; or (b) any employee of the Agency in his/her 
official capacity; or (c) any employee of the Agency in his/her 
individual capacity where the Department of Justice has agreed to 
represent the employee; or (d) the United States, where the Agency 
determines that litigation is likely to affect the Agency or any of its 
components, is a part to litigation or has an interest in such 
litigation, and the use of such records by the Department of Justice is 
deemed by the Agency to be relevant and necessary to the litigation, 
provided, however, that in each case, the Agency determines that 
disclosure of the records to the Department of Justice is a use of the 
information contained in the records that is compatible with the 
purpose for which the records were collected.
    (5) Disclosure in a proceeding before a court or adjudicative body 
before which the Agency is authorized to appear, when (a) the Agency, 
or any component thereof; or (b) any employee of the Agency in his/her 
official capacity; or (c) any employee of the Agency in his/her 
individual capacity where the Agency has agreed to represent the 
employee; or (d) the United States, where the Agency determines that 
litigation is likely to affect the Agency or any of its components, is 
a part to litigation or has an interest in such litigation, and the 
Agency determines that use of such records if relevant and necessary to 
the litigation, provided, however, that in each case, the Agency 
determines that disclosure of the records to the court is a use of the 
information contained in the records that is compatible with the 
purpose for which the records were collected.
    (6) Referral to the appropriate agency, whether Federal, State, 
local, or foreign, charged with the responsibility of investigating or 
prosecuting a violation of law, or of enforcing or implementing the 
statute, rule, regulation, or order issued pursuant thereto, of any 
record within this system when information available 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 rule, regulation, or order issued 
pursuant thereto.
    (7) Disclosure may be made to contractors or to technical service 
providers as necessary to provide NRCS technical services to 
landowners, operators, producers, cooperators, and participants and 
such disclosure shall be made subject to the purposes for which the 
contractor or technical service provider is hired.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are maintained in an electronic retrieval system and in 
file folders in county field delivery offices.

Retrievability:
    Records are retrieved by name of landowner, operator, producer, 
cooperator, or participant, or location on a map, unit identification 
number, location code, farm type, soil resources survey area, soil 
resources conservation district code, resource management systems and 
practices, and program contract information.

Safeguards:
    System access is restricted to authorized Natural Resources 
Conservation Service employees and conservation district employees and 
technical service providers working to assist with the implementation 
of natural resources programs. NRCS field employees are authorized to 
access system records of landowners, operators, producers, cooperator, 
or participants in their service area or outside of their service area 
if the landowner, operator, producer, cooperator, or participant has 
authorized access. Conservation district employees are authorized to 
access system records of their district landowners, operators, 
producers, cooperators, or participants only in their official capacity 
as district employees.
    The electronic data retrieval system is secured by the USDA Common 
Computing Environment user authentication process and USDA 
eAuthentication login and password protection. Hardcopy files are 
maintained in file cabinets, which should be locked when not in use. 
Offices are locked during non-business hours.

Retention and Disposal:
    Records are maintained as long as the landowner, operator, 
producer, cooperator, or participant qualifies for conservation 
programs.

System Manager(s) and Address:
    District conservationists or their designees are in charge of 
delivering services in county offices. Addresses of each field office 
are listed in the telephone directories of the field office locations 
under ``United States Government, Department of Agriculture, Natural 
Resources Conservation Service.'' Addresses may also be obtained at 
http://www.nrcs.usda.gov.

Notification Procedure:
    Any individual may request information regarding this system of 
records, or information as to whether the system contains records 
pertaining to him/her by contacting the respective district 
conservationist or other designee. If the specific location of the 
record is not known, the individual should address his/her request to 
the Director, Management Services Division, USDA-Natural Resources 
Conservation Service, P. O. Box 2890, Washington, DC 20013, who will 
refer it to the appropriate field office. A request for information 
pertaining to an individual should contain: Name, address, and other 
relevant information (e.g., name or nature of program, name of 
cooperating body, etc.).

Record Access Procedures:
    Any individual may obtain information as to the procedures for 
gaining access to a record in the system which pertains to him/her by 
submitting a written request to the district conservationist or his/her 
designated representative or to the Director, Management Services 
Division, USDA-Natural Resources Conservation Service, P.O. Box 2890, 
Washington, DC 20013.

Contesting Record Procedures:
    Any individual may obtain information as to the procedures for 
contesting a record in the system which pertains to him/her by 
submitting a written request to the district conservationist or his/her 
designated representative or to the Director, Management Services 
Division, USDA-Natural Resources Conservation Service, P.O. Box 2890, 
Washington, DC 20013.

Record Source Categories:
    Information in this system comes from landowners, operators, 
producers, cooperators, or participants and NRCS field conservationists 
who provide technical and program assistance to them.

[FR Doc. 05-17305 Filed 8-29-05; 8:45 am]
BILLING CODE 3410-16-U