[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Pages 15026-15033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6090]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974; Farm Records File (Automated) System of 
Records

AGENCY: Department of Agriculture (USDA).

ACTION: Notice of revision to Privacy Act system of records.

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SUMMARY: This notice proposes to revise the Privacy Act System of 
Records titled Farm Records File (Automated) USDA/FSA-2. The records 
include information about the majority of agricultural producers in the 
United States. In general, the Farm Service Agency (FSA) proposes to 
revise the system of records to make minor corrections and updates to 
meet additional requirements.

DATES: We will consider comments that we receive on or before April 13, 
2012. The revised system of records and routine uses will become 
effective 40 days after publication, on April 23, 2012, unless modified 
by a subsequent notice to incorporate changes resulting from public 
comments.

ADDRESSES: We invite you to submit comments on this notice. In your 
comment, include the system of records number (USDA/FSA-2). You may 
submit comments by any of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Virginia Haynes, PECD FSA USDA, 1400 Independence 
Ave. SW., Mail Stop 0517, Department of Agriculture, Washington, DC 
20250-0517.
     Hand Delivery or Courier: Deliver comments to the above 
address.
    Instructions: All comments will be made public by USDA and will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: For general questions, contact: 
Virginia Haynes, (202) 690-2798. For privacy

[[Page 15027]]

issues, contact: Ravoyne Payton, (202) 720-8755. Persons with 
disabilities who require alternative means for communication (Braille, 
large print, audio tape, etc.) should contact the USDA Target Center at 
(202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: FSA maintains the Farm Records File 
(Automated) USDA/FSA-2 Privacy Act (5 U.S.C. 552a) system of records to 
collect and manage information about the majority of agricultural 
producers in the United States. The mission of FSA is to deliver 
Federal farm program benefits and loans to farm and ranch owners and 
operators to support farms and ranches, protect the environment, and 
enhance the marketing of agricultural products. The system of records 
covers information regarding farm and ranch owners, operators, tenants, 
borrowers, and other agricultural producers.
    FSA proposes to revise the current designations in USDA/FSA-2 from 
a numbered routine use designation to a lettered designation and to 
reorder the current routine uses. In addition, FSA proposes to revise 
14 existing routine uses, delete 2 unnecessary routine uses, establish 
6 new routine uses, and make miscellaneous corrections throughout the 
system of records notice to update and better reflect the information 
in the system of records and to update the system of records notice to 
comply with the Agricultural Risk Protection Act of 2000 (7 U.S.C. 
1515(j)), the Federal Funding Accountability and Transparency Act (31 
U.S.C. 6101-6104), similar laws, and to comply with new requirements of 
the confidentiality provisions in section 1619 (7 U.S.C. 8791(b)) of 
the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246; 
referred to as the 2008 Farm Bill). Section 1619(b) of the 2008 Farm 
Bill prohibits disclosure of information concerning an agricultural 
operation, farming or conservation practice, or the land itself that 
agricultural producers or owners of agricultural land provide in order 
to participate in USDA programs; there are certain limited exceptions.
    FSA proposes to (1) revise currently designated routine uses to 
lettered designations and reorder the routine uses; (2) revise 
currently designated routine uses 1 through 8, 10 through 23, and 25; 
(3) delete currently designated routine uses 9 and 24; and (4) add six 
new routine uses to be designated as routine uses A, C, D, F, Z, and 
BB. The revised designations and order are shown in the following 
table, listed in the new order:

----------------------------------------------------------------------------------------------------------------
                                             Former routine use      Status  (new, revised, redesignated, or
      Redesignated routine use letter                No.                             deleted)
----------------------------------------------------------------------------------------------------------------
A..........................................  ..................  new.
B..........................................                   4  revised.
C..........................................  ..................  new.
D..........................................  ..................  new.
E..........................................                  25  revised.
F..........................................  ..................  new.
G..........................................                   2  revised.
H..........................................                   1  redesignated.
I..........................................                   5  redesignated.
J..........................................                   6  redesignated.
K..........................................                   7  revised.
L..........................................                   8  revised.
M..........................................                  10  redesignated.
N..........................................                  11  revised.
O..........................................                  12  redesignated.
P..........................................                  13  revised.
Q..........................................                  14  redesignated.
R..........................................                  15  redesignated.
S..........................................                  16  redesignated.
T..........................................                  17  revised.
U..........................................                  18  revised.
V..........................................                  19  redesignated.
W..........................................                  20  revised.
X..........................................                  21  revised.
Y..........................................                  22  revised.
Z..........................................  ..................  new.
AA.........................................                  23  revised.
BB.........................................  ..................  new.
CC.........................................                   3  revised.
                                                              9  deleted.
                                                             24  deleted.
----------------------------------------------------------------------------------------------------------------

Proposed New Routine Use A

    FSA is adding new routine use A to establish that FSA will disclose 
the records to the Department of Justice (including United States 
Attorney Offices) or other Federal agency when certain conditions are 
met.

Proposed New Routine Use C

    FSA is adding a new routine use C to establish that FSA will 
disclose the records to the National Archives and Records 
Administration or to the General Services Administration for records 
management program purposes pursuant to 44 U.S.C. 2906(a)(1).

Proposed New Routine Use D

    FSA is adding a new routine use D to establish that FSA will 
disclose the records to an agency, organization, or individual that is 
required for performing audit or oversight operations as authorized by 
law.

[[Page 15028]]

Proposed New Routine Use F

    FSA is adding a new routine use F to establish that FSA will 
disclose the records to contractors and their agents, grantees, 
experts, consultants, and others performing or working on a contract, 
grant, cooperative agreement, or other assignment for USDA when certain 
conditions are met.

Proposed Revised Routine Use T (Formerly Routine Use 17)

    FSA is revising the routine use to clarify that disclosure of 
records to members of Congress can include the names and specifically 
the correspondence addresses of all producers in the system of records 
rather than just the name and correspondence address of producers that 
are recipients of a USDA program payment.

Proposed Revised Routine Use U (Formerly Routine Use 18)

    FSA is revising the routine use to clarify that FSA will disclose 
the names and correspondence addresses of producers who have FSA or 
Commodity Credit Corporation (CCC) commodity loans to the public when 
they need to prevent one of those producers from purchasing a commodity 
that has been placed under a CCC loan. This change specifies that the 
addresses that we will disclose will be the producer's correspondence 
address.

Proposed Revised Routine Use W (Formerly Routine Use 20)

    FSA is revising the routine use to limit the disclosure of records 
to only those State-certified or State-licensed appraisers and 
employees of Federal agencies other than USDA who are actually 
performing real estate appraisals for USDA. This revision ensures the 
routine use is consistent with 7 U.S.C. 8791(b) and as such disclosure 
of information will be limited to the information needed when State-
certified or State-licensed appraisers are providing technical or 
financial assistance with respect to the agricultural operation, 
agricultural land, or farming or conservation practice (7 U.S.C. 
8791(b)(3)(A)). In addition, FSA is removing the specific list of 
information that was able to be disclosed through the routine use.

Proposed Revised Routine Use X (Formerly Routine Use 21)

    FSA is revising the routine use to limit disclosure of records to 
only Federal, State, local, Tribal agencies, and State universities, or 
those persons working in cooperation with the USDA Secretary in any 
Department program. In addition, FSA is removing the specific list of 
information that was able to be disclosed through the routine use.

Proposed Revised Routine Use Y (Formerly Routine Use 22)

    FSA is revising the routine use to clarify the disclosure of 
certain electronic records in this system of records through 
incorporation of the records into the Comprehensive Information 
Management System (CIMS). Previously, routine use number 22 referred to 
RMA and the CIMS contractors as well as Approved Insurance Providers 
(AIPs), however they did not have the same access to the information in 
CIMS. The routine use now clearly provides full disclosure to RMA and 
CIMS contractors; this disclosure is in accordance with 7 U.S.C. 
8002(b)(5). The routine use also limits disclosure to AIPs to only the 
producer reported information that is associated with the AIP's insured 
producers and that insured producer's farming operations and limits 
disclosure of Common Land Unit (CLU) information to a defined data set 
that will be provided only for those States in the AIP plan of 
operation.
    RMA and FSA have executed a memorandum of understanding for sharing 
program specific data included in USDA/FSA-2, Farm Records File 
(Automated). As sister Federal agencies, RMA and FSA comply with the 
Privacy Act and ensure their contractors do the same. Specifically, as 
agreed to in the Memorandum of Understanding between FSA and RMA for 
sharing this data for the Data Mining Project, all program data 
collected and handled by either RMA or FSA will be treated with the 
full security requirements of current Federal legislation, Office of 
Management and Budget (OMB) memoranda, USDA departmental regulations, 
and USDA cyber security policies. Only those employees and contractors 
(or persons otherwise acting as agents) with a need to know will be 
provided access to such data. RMA has a current Privacy Impact 
Assessment for the system of records.
    In addition, FSA is removing the specific list of information that 
was able to be disclosed through the routine use.

Proposed New Routine Use Z

    FSA is adding a new routine use Z to specify that FSA will disclose 
the records to RMA contractors for use in the USDA data warehouse and 
data mining operation. RMA will use the information to search or 
``mine'' existing data records to compare insurance policies and detect 
individual producers whose policies demonstrate atypical patterns, 
which sometimes indicate fraudulent activity or possible breach of 
policy terms. Data mining may also be used to analyze and uncover 
larger national patterns that may indicate patterns of fraud, waste, 
and abuse. The data mining operation is authorized by the Agricultural 
Risk Protection Act of 2000 (7 U.S.C. 1515(j)). This limited disclosure 
is within FSA's mandate to promote viable agriculture economy, and is 
necessary and appropriate for effective implementation of USDA 
programs.
    Under this new routine use, RMA may provide data to AIPs, agents, 
or loss adjusters for the AIP's specific policyholders if analyses 
produced from the data mining operation reveal:
    (1) Material contradictions in data reported to FSA and RMA; or
    (2) A possible breach of policy terms.
    FSA and RMA have entered into a memorandum of understanding in 
which RMA accepts responsibility for the security of privacy protected 
data, including information going to RMA's contractors, partners, and 
AIPs. RMA has certified that it will adhere to Federal Government data 
security statutes and regulations and that the data mining operation 
has a currently operative and approved security Certification and 
Accreditation in place. RMA has a current Privacy Impact Assessment for 
the system of records.
    All information collected from customers by the AIPs for the 
Federal crop insurance program, as well as information received by AIPs 
from RMA, is covered by the provisions of the Privacy Act as the AIPs 
are contractually obligated to adhere to the Privacy Act. AIPs are 
accustomed to working with, and protecting, such information.

Proposed Revised Routine Use AA (Formerly Routine Use 23)

    FSA is revising the routine use to clarify that records will only 
be disclosed to AIPs (excluding the AIP's insurance agents) and loss 
adjusters that request the information as required. The requester needs 
to specify the producer, the producer's identification number, and the 
type of information being requested. FSA will disclose records as 
requested that may include: the producer's names, crop name, County FSA 
Office address, program years, and the last 4 digits of tax ID number. 
In addition, upon request, FSA may disclose a copy of both current and 
prior Producer Print and Map Photocopies; Farm Operating Plan for 
Payment Eligibility Review for an Individual; and Highly Erodible Land 
Conservation (HELC) and Wetland Conservation (WC)

[[Page 15029]]

Certification. In addition, as discussed above, FSA is removing the 
specific categories of information that FSA routinely shares with AIPs, 
their insurance agents, and loss adjusters.

Proposed New Routine Use BB

    FSA is adding a new routine use BB to permit FSA to disclose names, 
locations, and award information identified by the Federal Funding 
Accountability and Transparency Act of 2006 (31 U.S.C. 6101-6104); 
section 204 of the E-Government Act of 2002 (44 U.S.C. 3501 note), and 
the Office of Federal Procurement Policy Act (41 U.S.C. 403-440), or 
similar laws requiring agencies to make information publicly available 
concerning Federal financial assistance, including grants, sub-grants, 
loan awards, cooperative agreements and other financial assistance; and 
contracts, subcontracts, purchase orders, task orders, and delivery 
orders. This routine use will explicitly allow FSA to disclose records 
to the public as specified by those laws.

Proposed Revised Routine Use CC (Formerly Routine Use 3)

    FSA is revising the routine use to clarify when the records will be 
disclosed. FSA will disclose the records to a court or adjudicative 
body in a proceeding not just when any record within the system of 
records constitutes evidence in a proceeding, or is sought in the 
course of discovery for records relevant to the subject of the 
proceeding. For FSA to disclose the information USDA must have reviewed 
the information and determined that it is both relevant and necessary 
to the litigation and USDA determined the use is for a purpose that is 
compatible with the purpose for which FSA collected the records. 
Further, FSA will only disclose the information when one of the 
following is a party to the litigation: FSA or any part of FSA, any FSA 
employee in an official capacity, or any FSA employee in an individual 
capacity if USDA has agreed to represent the employee, or the U.S. 
Government.

Deleted Routine Use 9

    FSA is deleting routine use number 9. The deleted routine use 
addressed disclosure of information to the USDA Food Safety and 
Inspection Service. Because any such disclosure is intra-agency, it is 
already permitted as specified in the Privacy Act (see 5 U.S.C. 
552a(b)(1)) and therefore the disclosure does not require a routine 
use.

Deleted Routine Use 24

    FSA is deleting routine use number 24. The deleted routine use 
addressed disclosure of information to cooperating Federal, State, and 
local agencies, including State universities who are qualified to 
implement hurricane disaster programs or analyze the sugar industry. 
FSA is deleting routine use 24 because the releases permitted in 
routine use 24 are now included in the proposed revision to routine use 
X (which had been routine use 21).

Privacy Act

    As required by the Privacy Act (specifically 5 U.S.C. 552a(r)) and 
implemented by the Office of Management and Budget (OMB) Circular A-
130, USDA has provided a report of this system of records to the Office 
of Information and Regulatory Affairs, Office of Management and Budget; 
the Chairman, Committee on Government Reform and Oversight, House of 
Representatives; and the Chairman, Committee on Governmental Affairs, 
United States Senate on ----------------.
SYSTEM OF RECORDS

USDA/FSA-2

System name:
    Farm Records File (Automated).

Security classification:
    Unclassified.

System location:
    This system of records is under the control of the Deputy 
Administrator for Farm Programs, Farm Service Agency (FSA), 1400 
Independence Avenue SW., Stop 0539, Washington, DC 20250-0539.
    Records are maintained at the FSA county offices, the FSA State 
offices, the FSA National office, the FSA Aerial Photography Field 
Office, the FSA Kansas City Commodity Office, and the USDA National 
Information Technology Center. The address of each FSA county office 
and FSA State office can be found in the local telephone directory 
under the heading ``United States Government, Department of 
Agriculture, Farm Service Agency.'' The FSA Aerial Photography Field 
Office is located in Salt Lake City, UT. The FSA Kansas City Commodity 
Office and the USDA National Information Technology Center are located 
in Kansas City, MO.

Categories of individuals covered by the system:
    Farm and ranch owners, operators, tenants, borrowers, and other 
agricultural producers.

Categories of records in the system:
    The information in the system of records consists of electronic and 
hard copy documentation of participation in FSA programs, including 
active programs as well as discontinued programs. This includes names 
and addresses of producers and also includes, but is not limited to:
     Farm allotments, quotas, bases, and history;
     Compliance data; producer entity data;
     Combined producer data; production and marketing data;
     Lease and transfer of allotments and quotas;
     Appeals;
     New grower applications;
     Conservation program documents;
     Program participation and payment documents, including 
information related to a person's indirect interest in payments through 
shares or interest in a payee entity;
     Appraisals, leases, and data for farm reconstitution; and
     For payment limitation and conservation compliance 
purposes: financial statements, and other applicable farm information 
such as tax statements, wills, trusts, partnership agreements, and 
corporate charters.
    The geospatial (GIS) data set contains producer boundaries of CLUs, 
farms, tracts, field identifiers and attributes used to identify the 
location of land that can be traced back to a producer's crops and 
benefits. By definition, a CLU identifies a farm's subdivisions and 
boundaries and is recommended as the common location identifier for 
reporting acreage.
    Digital renditions of farm record boundaries include farm, tract, 
CLUs (fields), and personal attributes of that property including, but 
not limited to, cropland designation, wetland location, program 
participation designation (for example, Conservation Reserve Program or 
CRP), and presence of structures located on a property (for example, 
buildings, well heads, or other identifying structures).
    Crop Acreage Data are used to promote a viable agriculture economy 
essential to effectively administering and enforcing the national crop 
insurance program and for the purpose of fulfilling loss adjustment 
obligations as well as audits and reviews of claims.
    Specific automated systems processing the records include, but are 
not limited to:
     Acreage Reporting and Compliance Systems,
     Ag Credit System,
     Automated Price Support System,
     Average Crop Revenue Elections,

[[Page 15030]]

     Asparagus Revenue Market Loss Assistance,
     Cash Systems,
     COC Elections Systems,
     Commodity Management Systems,
     Commodity Operation Systems,
     Common Farm Programs Systems,
     Conservation Systems,
     Consolidated Farm Loan Program Information and Delivery 
System,
     Consolidated Financial Management Information Systems,
     Consolidated Natural Disaster Relief Programs,
     Consolidated Management System,
     Cooperative Marketing Association System,
     Cotton Management System,
     Customer Name and Address Systems,
     Dairy Disaster Assistance Program,
     Debt Systems,
     Direct Counter-Cyclical Enrollment and Payment Systems,
     Direct Loan Systems,
     Domestic Electronic Bid Entry System,
     Electronic Debt and Loan Restructuring System,
     Electronic Distribution of Disbursement Data,
     Enterprise Data Warehouse,
     Facility Loans Systems,
     Farm Business Plan Web Equity Manager,
     Farm Loan Programs Risk Assessment,
     Farm Programs Management Systems,
     Financial Management Systems,
     General Sales Manager Export Credit Guarantee System,
     Geographic Information Services (GIS),
     GIS Thin Client System,
     Grain Inventory Management System,
     Management of Ag Credit System,
     Market Loss Assistance Program,
     Milk Income Loss Contract,
     Natural Disaster Relief,
     Noninsured Crop Disaster Assistance Program,
     Payment Systems,
     Price Support Systems,
     Processed Commodities Inventory Management System,
     Program Loan Accounting System,
     Representative Link Manager System,
     Service Center Information Management System,
     Subsidiary Systems,
     Tobacco Transition Payment Program,
     Trade Adjustment Assistance, and
     Web-Based Supply Chain Management System.

Authority for maintenance of the system:
    7 U.S.C. 450j, 450k, 450l, 1281-1393, 1421-1449, 1471-1472; 15 
U.S.C. 714-714p; 16 U.S.C. 590a-590q, 1301-1311, 1606, 2101-2111, 2201-
2206, 3501, 3801-3845, 4601, 26 U.S.C. 6109; 40 U.S.C. 14101, 14505, 
and 43 U.S.C. 1592.

Purpose(s):
    To deliver Federal farm program benefits and loans legislated by 
Congress to farm and ranch owners and operators to support farms and 
ranches, protect the environment, and enhance the marketing of 
agriculture products.
    Routine uses of records maintained in the system, including 
categories of users and the purposes of such uses:
    Records or information contained in this system of records may be 
disclosed outside USDA as a routine use (see 5 U.S.C. 552a(b)(3)) as 
follows:
    A. To the Department of Justice when:
    1. USDA or any part of USDA;
    2. Any USDA employee in an official capacity if the Department of 
Justice has agreed to represent the employee; or
    3. The United States Government is a party to litigation or has an 
interest in such litigation, and by careful review, USDA determines 
that the records are both relevant and necessary to the litigation and 
the use of such records by the Department of Justice is therefore 
deemed by USDA to be for a purpose that is compatible with the purpose 
for which FSA collected the records.
    B. To a Member of Congress or to a Congressional staff member in 
response to a request of the Congressional office made at the written 
request of the constituent about whom the record is maintained.
    C. To the National Archives and Records Administration or to the 
General Services Administration, for records management inspections 
conducted as specified in 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to the specific audit or 
oversight.
    E. To appropriate agencies, entities, and persons when:
    1. USDA suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. USDA has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system of records or other systems or programs 
(whether maintained by USDA or another agency or entity) or harm to the 
individuals that rely on the information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with USDA's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors, grantees, experts, consultants, and their 
agents, and others performing or working on a contract, grant, 
cooperative agreement, or other assignment for USDA, when necessary to 
accomplish a USDA function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to USDA officers and employees.
    G. 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 law 
or particular program law, or by regulation, rule, or order issued as a 
result of that law, 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 law, or rule, 
regulation, or order issued as a result of that law, if the information 
disclosed is relevant to any enforcement, regulatory, investigative, or 
prosecutive responsibility of the receiving entity.
    H. To a cooperative marketing association (CMA), designated 
marketing association (DMA), or loan servicing agent (LSA) approved to 
carry out Commodity Credit Corporation (CCC) price support loan and 
marketing programs. Records that will be disclosed include only data 
that is necessary for the CMA, DMA, or LSA to make producer eligibility 
determinations, reasonable quantity determinations, producer payment 
limitations, and denied benefit determinations.
    I. To the Internal Revenue Service to establish the tax liability 
of individuals as required by the Internal Revenue Code.
    J. To State or local tax authorities having an agreement with CCC 
to withhold taxes or fees from loan proceeds.
    K. To the Department of Interior, Bureau of Reclamation (BOR), but 
only that data necessary for the BOR to administer the Reclamation Act 
of 1982, as amended.
    L. To boards or other entities authorized by State law to collect 
commodity assessments.

[[Page 15031]]

    M. To the Peanut Board, with respect to producers of peanuts and 
their participation in the peanut price support program.
    N. To the Department of Interior, Bureau of Indian Affairs, the 
name and correspondence address of producers to assist in the 
distribution of funds to Native American Indians.
    O. To candidates for FSA county committee positions, the names and 
correspondence addresses of producers in the county for the purpose of 
county committee elections.
    P. To the public, farm allotment and quota data for marketing quota 
crops, as allowed by the Agricultural Act of 1938, as amended, and 
payment information for farm and related programs including information 
of indirect benefits from payments as indicated by shares of each 
individual or entity that receive payments or that themselves are 
considered to have an indirect interest in payments.
    Q. To State Foresters, the names and correspondence addresses of 
producers and crop-specific data regarding their operations with 
respect to forestry conservation practices.
    R. To cotton buyers, the name and correspondence address of cotton 
producers.
    S. To cotton ginners, the names, correspondence addresses, farm 
numbers, cotton yields, and cotton acreages of cotton producers.
    T. To members of Congress, the names and correspondence addresses 
of all producers in the system of records.
    U. To the public when they need to obtain the names and 
correspondence addresses of producers who have commodity loans with FSA 
or CCC to prevent one of those producers from purchasing a commodity 
that has been placed under a CCC loan.
    V. To State or local taxing authorities or their contracted 
appraisal companies, the name and correspondence address of producers 
for tax appraisal purposes.
    W. To State-certified or State-licensed appraisers and employees of 
Federal agencies qualified to perform and actually performing real 
estate appraisals for USDA. Records that will be disclosed include only 
the data that is necessary for the appraiser to complete the appraisal.
    X. To cooperating persons or Federal, State, local, or Tribal 
agencies working in cooperation with the Secretary in any USDA program. 
Records that will be disclosed include only the data that is necessary 
for the cooperating person or agency to complete work on the USDA 
program.
    Y. To any Federal agency or any approved insurance provider (AIP), 
the information collected using the Comprehensive Information 
Management System (CIMS) used to administer the programs of FCIC and 
FSA as specified in 7 U.S.C. 8002(b)(2). All information disclosed to 
CIMS may be further disclosed to any contractor engaged in the 
development or maintenance of CIMS. Select CIMS data may also be 
further disclosed to AIPs and AIP employees, insurance agents, and loss 
adjusters, but will be limited to only the producer reported 
information that is associated with a given AIP's insured producers and 
that insured producer's farming operations (for data to be disclosed, 
the producer must actually be insured by the given AIP). For the 
disclosure of CLU information, CIMS will provide the AIP a limited file 
of CLU information containing data elements for those States in the AIP 
plan of operation to include Shape, (CLU boundaries), Location State 
Code, Location County Code, Administrative State Code, Administrative 
County Code, CLU Number, CLU Calculated Acres, CLU Class, Last Change 
Date, Common Land Unit Identifier, Farm Number, Tract Number, and Field 
Number information. The limited CLU data set provided to the AIP will 
not contain data reported to FSA by the producer via the FSA-578 (for 
example, planted acres, name, address, crops, etc.).
    Z. To any Federal agency or any AIP, the information in the USDA 
data warehouse and data mining operation collected as authorized by the 
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1515(j)). All 
information disclosed to the USDA data warehouse and data mining 
operation may be further disclosed to any contractor engaged in the 
development or maintenance of the USDA data warehouse and data mining 
operation. Select data may also be further disclosed to AIPs and AIP 
employees, insurance agents, and loss adjusters. Disclosure is limited 
to only the producer reported information that is associated with a 
given AIP's insured producers and that insured producer's farming 
operations (for data to be disclosed, the producer must actually be 
insured by the given AIP).
    AA. To the AIPs (excluding the AIP's insurance agents) and loss 
adjusters. USDA will disclose records that may include the producer's 
name, crop name, County FSA Office address, program years, and the last 
4 digits of producer's tax ID number. USDA may disclose a copy of both 
current and prior Producer Print and Map Photocopies, Farm Operating 
Plan for Payment Eligibility Review for an Individual, Highly Erodible 
Land Conservation (HELC), and Wetland Conservation (WC) Certification. 
Disclosure will be made only in response to a properly submitted 
request for certain information.
    BB. USDA will disclose information about individuals from this 
system of records in accordance with the Federal Funding Accountability 
and Transparency Act of 2006 (31 U.S.C. 6101-6106); section 204 of the 
E-Government Act of 2002 (44 U.S.C. 3501 note), and the Office of 
Federal Procurement Policy Act (41 U.S.C. 403-440), or similar laws 
requiring agencies to make available publicly names, locations, and 
other information concerning Federal financial assistance, including 
grants, subgrants, loan awards, cooperative agreements, and other 
financial assistance; and contracts, subcontracts, purchase orders, 
task orders, and delivery orders.
    CC. To a court or adjudicative body in a proceeding when:
    1. USDA or any part of USDA;
    2. Any USDA employee in an official capacity;
    3. Any USDA employee in an individual capacity if USDA has agreed 
to represent the employee; or
    4. The United States Government is a party to litigation or has an 
interest in such litigation, and by careful review, USDA determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is therefore deemed by USDA to be for a purpose 
that is compatible with the purpose for which FSA collected the 
records.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
    Records in this system of records are stored electronically on 
security measure protected (for example, e-authentication, password, 
restricted access protocol, etc.) databases, electronically on e-media 
devices (computer hard drive, magnetic disc, tape, digital media, CD, 
DVD, etc.), and on paper copy. Record storage is located within secured 
or locked facilities.

Storage:
    See ``Policies and practices for storing, retrieving, accessing, 
retaining, and disposing of records in the system'' above.

Retrievability:
    Records may be retrieved by the individual's name, Social Security

[[Page 15032]]

Number, tax identification number, loan number, and farm number.

Safeguards:
    Records in this system of records are safeguarded in accordance 
with applicable rules and policies, including all applicable USDA 
automated systems security and access policies. Strict controls have 
been imposed to minimize the risk of compromising the information that 
is being stored. Access to the computer systems containing the records 
in this system of records is limited to those individuals who have a 
need to know the information for the performance of their official 
duties and who have appropriate clearances or permissions.

Retention and disposal:
    Records are maintained in file folders and Department computer 
systems at applicable locations as set out above under the heading 
``System Location.'' Detailed retention and disposal instructions are 
provided in Records Control Schedule RG 0145: Farm Service Agency and 
Records Control Schedule RG 0161: Commodity Credit Corporation.

System manager and address:
    Deputy Administrator for Farm Programs, FSA, 1400 Independence 
Avenue SW., Stop 0539, Washington, DC 20250-0539.

Notification procedure:
    An individual may request information regarding this system of 
records or information as to whether the system contains record 
pertaining to the individual from the System Manager above.

Records Access Procedure:
    To request notification of and access to any record contained in 
the system of records, or to contest the content of a record, submit a 
request in writing to the FSA FOIA officer or the FOIA officer for the 
relevant part of USDA responsible for your information (contact 
information is at http://www.da.usda.gov/foia.htm under ``Where to Send 
Requests''). If you believe more than one USDA agency maintains Privacy 
Act records concerning you, submit the request to the Chief FOIA 
Officer, Department of Agriculture, 1400 Independence Avenue SW., 
Washington, DC 20250.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations in 7 CFR 1.110-1.122, as follows. 
Verify your identity by providing your full name, current address, and 
date and place of birth. You must sign your request, and your signature 
must either be notarized or submitted under 28 U.S.C. 1746, which is a 
law that permits statements to be made under penalty of perjury as a 
substitute for notarization. While no specific form is required, you 
may obtain forms for this purpose from the Chief FOIA Officer, 
Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 
20250. In addition, you should provide the following:
     Explain why you believe USDA would have information on 
you,
     Identify which USDA agency you believe may have the 
information about you,
     Specify when you believe the records would have been 
created, and
     Provide any other information that will help the FOIA 
staff determine which USDA component agency may have responsive 
records.
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying agreement for you to access the records.
    If your request does not include the information specified above, 
FSA may not be able to conduct an effective search, and may result in 
your request being denied due to lack of specificity or lack of 
compliance with applicable regulations.

Contesting record procedures:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request to the above listed System 
Manager and should include the reason for contesting it and the 
proposed amendment to the information with supporting information to 
show how the record is inaccurate. A request for contesting records 
pertaining to an individual should contain: Name, address, ZIP code, 
name of system of record, year of records in question, and any other 
pertinent information to help identify the file.

Record source categories:
    Information in this system of records is submitted by FSA State and 
county committees and their representatives, the Office of Inspector 
General and other investigatory agencies, the Office of General 
Counsel, the Kansas City Commodity Office, the Natural Resources and 
Conservation Service, by third parties, and by the individual who is 
the subject of the record.

Exemptions claimed for the system:
    None.

    Dated: February 28, 2012.
Thomas J. Vilsack,
Secretary.

PRIVACY ACT SYSTEM USDA/FSA-2 FARM RECORDS FILE (AUTOMATED) REVISED 
NARRATIVE STATEMENT

    The Farm Service Agency (FSA) maintains the Farm Records File 
(Automated) USDA FSA-2 Privacy Act (5 U.S.C. 552a) system of records to 
collect and manage information about the majority of agricultural 
producers in the United States. The purpose of this system is to 
deliver Federal farm program benefits and loans to farm and ranch 
owners and operators to support farms and ranches, protect the 
environment, and enhance the marketing of agricultural products. This 
system of records covers information regarding farm and ranch owners, 
operators, tenants, borrowers, and other agricultural producers.
    The purposes of revising the USDA/FSA-2 Farm Records File 
(Automated) system of records are to: (a) establish new routine uses, 
(b) make minor corrections to other routine uses, (c) update to meet 
current Privacy Act requirements, and (d) revise the designations of 
routine uses from a numbered list to a lettered list and reorder the 
routine uses. One substantive change is to establish a new routine use 
to allow us to share data with the Risk Management Agency for the Data 
Mining Project. Also, section 1619 of the 2008 Farm Bill limits 
disclosure by the Department of information provided by an agricultural 
producer or owner of agricultural land concerning the agricultural 
operation, farming or conservation practices, or the land itself, in 
order to participate in programs of the Department that is contained in 
the system.
    Specifically, FSA is revising 23 existing routine uses (6 with 
substantive changes and 17 are only being revised or redesignated), 
removing 2 unnecessary routine uses, and establishing 6 new routine 
uses. A ``routine use'' identifies individuals, groups, and entities to 
whom USDA may disclose the information in the attached system of 
records and under what circumstances such disclosures may be made.
    The system discloses routinely to various agencies (Federal, State, 
local), associations, organizations, entities information on USDA 
programs, operations and services information, to Congress information 
related to Congressional written requests to USDA, to the Department of 
Justice information on USDA records for litigations, to the Internal 
Revenue

[[Page 15033]]

Service information on USDA employee's tax information, to the 
Department of Interior information on USDA land data and funding to 
Native American Indians, to the USDA Risk Management Agency information 
on USDA data warehouse, data mining operation, and Comprehensive 
Information Management System, to the National Archives and Records 
Administration information on USDA records, to FSA employees personnel 
information, and to contractors information on working performance in 
certain USDA functions. New routine uses for disclosure of records to 
share FSA data as described in the system of records are compatible 
with the purpose of both FSA and RMA activities in using the 
information.
    All information contained in this system is collected and 
maintained in accordance with the Privacy Act, Title 5, United States 
Code, Section 552a. The authorities for maintenance of the system are 7 
U.S.C. 450j, 450k, 450l, 1281-1393, 1421-1449, 1471-1472; 15 U.S.C. 
714-714p; 16 U.S.C. 590a-590q, 1301-1311, 1606, 2101-2111, 2201-2206, 
3501, 3801-3845, 4601, 26 U.S.C. 6109; 40 U.S.C. 14101, 14505, and 43 
U.S.C. 1592.
    The Privacy Act system of records affects the privacy interests of 
individual producers whose information is contained in them. The 
privacy interests of the affected individual producers are more than 
``de minimis,'' because the Privacy Act system of records contains 
detailed information about their farming operations and assets. 
However, USDA has determined that the routine uses and maintenance of 
this information are warranted. The privacy interests of these 
producers are balanced with: (1) The benefits that the producers 
receive as program recipients and (2) the need of the Government to 
detect fraud and abuse as it administers USDA programs.
    Records in this system of records are safeguarded in accordance 
with applicable rules and policies, including all applicable USDA 
automated systems security and access policies. Strict controls have 
been imposed to minimize the risk of compromising the information that 
is being stored. Access to the computer systems containing the records 
in this system of records is limited to those individuals who have a 
need to know the information for the performance of their official 
duties and who have appropriate clearances or permissions.
    Additionally, records in this system of records are stored 
electronically on security measure protected (for example, e-
authentication, password, restricted access protocol, etc.) databases, 
electronically on e-media devices (computer hard drive, magnetic disc, 
tape, digital media, CD, DVD, etc.), and on paper copy. Record storage 
is located within secured or locked facilities.
    A new routine use for disclosure of record to share FSA data with 
RMA as described in the system of records is compatible with the 
purpose of both FSA and RMA activities in using the information.
    The information collection requests associated with this system 
were submitted to the Office of Management and Budget (OMB) for 
Paperwork Reduction Act in the following table, which contained each 
OMB control number with the expiration date.

------------------------------------------------------------------------
                                                      Agency and other
                                                   information  (Agency,
        OMB Control No.          Expiration date    Title, and relevant
                                                       notes if any)
------------------------------------------------------------------------
0348-0046.....................           12/31/13  OMB
0551-0040.....................           06/30/13  USDA Foreign
                                                    Agricultural Service
                                                    (FAS)
0560-0004.....................           01/31/12  USDA Farm Service
                                                    Agency (FSA)
0560-0026.....................           12/31/13  FSA
0560-0082.....................          7/31/2011  FSA
0560-0175.....................           01/31/14  FSA
0560-0183.....................           07/31/12  FSA
0560-0185.....................           06/30/13  FSA
0560-0190.....................           12/31/13  FSA
0560-0215.....................           10/31/11  FSA
0560-0253.....................           10/31/11  FSA
0563-0053.....................         03/31/2012  Risk Management
                                                    Service (Automated
                                                    System)
0581-0093.....................         05/31/2014  Agricultural
                                                    Marketing Service
------------------------------------------------------------------------

[FR Doc. 2012-6090 Filed 3-13-12; 8:45 am]
BILLING CODE 3410-15-P