[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33544-33547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12541]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[16XD4523WS DS10200000 DWSN00000.000000 WBS DP10202 1020WSW02]


Privacy Act of 1974; as Amended; Notice To Amend an Existing 
System of Records

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of amendment to an existing system of records.

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SUMMARY: The Department of the Interior is issuing public notice of its 
intent to amend ``Electronic FOIA Tracking System and FOIA Case Files--
Interior, DOI-71'' to update existing routine uses; add six new routine 
uses; and update the authority, system location, system manager, 
categories of records, storage, retrievability, safeguards, retention 
and disposal, notification procedures, record access procedures, 
contesting record procedures, record source categories, and exemptions 
sections.

DATES: Comments must be received by June 27, 2016. This amended system 
will be effective June 27, 2016.

ADDRESSES: Any person interested in commenting on this amendment may do 
so by: Submitting comments in writing to Teri Barnett, Departmental 
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW., 
Mail Stop 5545 MIB, Washington, DC 20240; hand-delivering comments to 
Teri Barnett, Departmental Privacy Officer, U.S. Department of the 
Interior, 1849 C Street NW., Mail Stop 5545 MIB, Washington, DC 20240; 
or emailing comments to [email protected].

[[Page 33545]]


FOR FURTHER INFORMATION CONTACT: Departmental FOIA Officer, Office of 
the Executive Secretariat, Department of the Interior, 1849 C Street 
NW., Mail Stop 7328-MIB, Washington, DC 20240, or by phone at 202-208-
5342.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Department of the Interior (``Department'' or ``DOI'') 
``Electronic FOIA Tracking System and FOIA Case Files--Interior, DOI-
71'' system contains information on individuals for the purposes of 
managing and processing Freedom of Information Act (FOIA) requests, 
some of which may be processed in tandem with the Privacy Act of 1974, 
as amended. This system: (1) Enables the Department to administer the 
program more efficiently while ensuring requests are responded to in a 
more timely fashion; (2) supports action on FOIA requests, appeals, and 
litigation; (3) ensures documents are released in a more consistent 
manner; (4) assists in eliminating the duplication of effort; (5) 
gathers information for management and reporting purposes, improving 
the Department's reporting capability and providing for more efficient 
use of manpower; and (6) improves customer service.
    DOI is publishing this amended notice to reflect updated 
information in the authority, system location, system manager, 
categories of records, storage, retrievability, safeguards, retention 
and disposal, notification procedures, record access procedures, 
contesting record procedures, record source categories, and exemptions 
sections. Additionally, DOI is modifying existing routine uses to 
reflect updates consistent with standard DOI routine uses, and adding 
six new routine uses to permit sharing of information with: The 
National Archives and Records Administration's (NARA) Office of 
Government Information Services to assist and facilitate the resolution 
of disputes related to FOIA requests; NARA to conduct records 
management inspections; appropriate government agencies and 
organizations to provide information in response to court orders or for 
discovery purposes related to litigation; the Office of Management and 
Budget (OMB) in relation to legislative affairs mandates under OMB 
Circular A-19; the Department of the Treasury to recover debts owed to 
the United States; and the news media and the public. The system notice 
was last published in its entirety in the Federal Register on September 
18, 2002 (67 FR 58817), and amendments to the system notice were 
published in the Federal Register on February 13, 2008 (73 FR 8342) and 
February 25, 2010 (75 FR 8731).
    The amendments to the system will be effective as proposed at the 
end of the comment period (the comment period will end 30 days after 
the publication of this notice in the Federal Register), unless 
comments are received which would require a contrary determination. The 
Department will publish a revised notice if changes are made based upon 
a review of the comments received.

II. Privacy Act

    The Privacy Act of 1974, as amended, embodies fair information 
practice principles in a statutory framework governing the means by 
which Federal Agencies collect, maintain, use, and disseminate 
individuals' personal information. The Privacy Act applies to records 
about individuals that are maintained in a ``system of records.'' A 
``system of records'' is a group of any records under the control of an 
agency for which information about an individual is retrieved by the 
name or by some identifying number, symbol, or other identifying 
particulars assigned to the individual. The Privacy Act defines an 
individual as a United States citizen or lawful permanent resident. As 
a matter of policy, the Department extends administrative Privacy Act 
protections to all individuals. Individuals may request access to their 
own records that are maintained in a system of records in the 
possession or under the control of the Department by complying with the 
Department of the Interior Privacy Act regulations at 43 CFR part 2, 
subpart K.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains and the routine uses of each 
system to make agency recordkeeping practices transparent, notify 
individuals regarding the uses of their records, and assist individuals 
to more easily find such records within the agency. The revised 
``Electronic FOIA Tracking System and FOIA Case Files--Interior, DOI-
71'' system of records notice is published in its entirety below.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report of this system of records to the Office of Management and Budget 
(OMB) and to Congress.

III. Public Disclosure

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

     Dated: May 23, 2016.
Teri Barnett,
Departmental Privacy Officer.
Interior, DOI-71

SYSTEM NAME:
    Electronic FOIA Tracking System and FOIA Case Files--Interior, DOI-
71.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    (1) The Electronic FOIA Tracking System (EFTS) database and its 
servers are maintained by the Office of the Chief Information Officer, 
U.S. Department of the Interior, 12201 Sunrise Valley Drive, Reston, VA 
20192; and (2) FOIA case files in this system (paper or electronic) are 
located in the offices of Bureau and Office FOIA personnel. (For a 
partial list of the Department's FOIA contacts, see the Department's 
FOIA Web site at https://www.doi.gov/foia/contacts.)

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals or their representatives who have submitted FOIA or 
combined FOIA and Privacy Act (PA) requests for records or information 
and administrative appeals, or have litigation pending with DOI or 
another Federal agency; individuals whose requests or records have been 
referred to the Department by other agencies; individuals who are the 
subject of such requests, appeals, and litigation; and/or the DOI 
personnel assigned to handle such requests, appeals, and litigation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of records created or compiled in response to 
FOIA requests, or combined FOIA and PA requests, for records or 
information, administrative appeals, and related litigation and 
includes: The original requests and administrative appeals; responses 
to such requests and appeals; all related memoranda, correspondence, 
notes, and other related or supported documentation; and in some 
instances copies of requested records and records under appeal. Records 
about individuals may include name, mailing address, email address, 
telephone number, case file number, fee determinations, any information 
contained in the agency records requested by individuals, and

[[Page 33546]]

identifying information about individual requestors.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 552, The Freedom of Information Act, as amended; and 5 
U.S.C. 552a, The Privacy Act of 1974, as amended.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The primary purpose of the EFTS and FOIA case files, which are 
maintained both electronically and in paper format, is to more 
efficiently manage the Department's FOIA program. This system: (1) 
Enables the Department to administer the program more efficiently while 
ensuring requests are responded to in a more timely fashion; (2) 
Supports action on FOIA requests, appeals, and litigation; (3) Ensures 
documents are released in a more consistent manner; (4) Assists in 
eliminating the duplication of effort; (5) Gathers information for 
management and reporting purposes, improving the Department's reporting 
capability and providing for more efficient use of manpower; and (6) 
Improves customer service.
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, disclosures outside the Department may be 
made as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    (1) (a) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (b) are met:
    (i) The U.S. Department of Justice (DOJ);
    (ii) A court or an adjudicative or other administrative body;
    (iii) A party in litigation before a court or an adjudicative or 
other administrative body; or
    (iv) Any Department employee acting in his or her individual 
capacity if the Department or DOJ has agreed to represent that employee 
or pay for private representation of the employee;
    (b) When:
    (i) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (A) The Department or any component of the Department;
    (B) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (C) Any Department employee acting in his or her official capacity;
    (D) Any Department employee acting in his or her individual 
capacity if the Department or DOJ has agreed to represent that employee 
or pay for private representation of the employee;
    (E) The United States, when DOJ determines that the Department is 
likely to be affected by the proceeding; and
    (ii) The Department deems the disclosure to be:
    (A) Relevant and necessary to the proceeding; and
    (B) Compatible with the purpose for which the records were 
compiled.
    (2) To a congressional office in response to a written inquiry that 
an individual covered by the system, or the heir of such individual if 
the covered individual is deceased, has made to the office.
    (3) To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, state, territorial, local, tribal or foreign) when a 
record, either alone or in conjunction with other information, 
indicates a violation or potential violation of law--criminal, civil, 
or regulatory in nature, and the disclosure is compatible with the 
purpose for which the records were compiled.
    (4) To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files or to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    (5) To Federal, state, territorial, local, tribal, or foreign 
agencies that have requested information relevant or necessary to the 
hiring, firing or retention of an employee or contractor, or the 
issuance of a security clearance, license, contract, grant or other 
benefit, when the disclosure is compatible with the purpose for which 
the records were compiled.
    (6) To representatives of the National Archives and Records 
Administration (NARA) to conduct records management inspections under 
the authority of 44 U.S.C. 2904 and 2906.
    (7) To state, territorial and local governments and tribal 
organizations to provide information needed in response to court order 
and/or discovery purposes related to litigation, when the disclosure is 
compatible with the purpose for which the records were compiled.
    (8) To an expert, consultant, or contractor (including employees of 
the contractor) of the Department that performs services requiring 
access to these records on the Department's behalf to carry out the 
purposes of the system.
    (9) To appropriate agencies, entities, and persons when:
    (a) It is suspected or confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; and
    (b) The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interest, identity theft or fraud, or harm to the security or integrity 
of this system or other systems or programs (whether maintained by the 
Department or another agency or entity) that rely upon the compromised 
information; and
    (c) The disclosure is made to such agencies, entities and persons 
who are reasonably necessary to assist in connection with the 
Department's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm.
    (10) To the OMB during the coordination and clearance process in 
connection with legislative affairs as mandated by OMB Circular A-19.
    (11) To the Department of the Treasury to recover debts owed to the 
United States.
    (12) To a debt collection agency for the purpose of collecting 
outstanding debts owed to the Department for fees associated with 
processing FOIA/PA requests.
    (13) To the news media and the public, with the approval of the 
Public Affairs Officer in consultation with Counsel and the Senior 
Agency Official for Privacy, where there exists a legitimate public 
interest in the disclosure of the information, except to the extent it 
is determined that release of the specific information in the context 
of a particular case would constitute an unwarranted invasion of 
personal privacy.
    (14) To other Federal, State, and local agencies having a subject 
matter interest in a request or an appeal or a decision thereon.
    (15) To another Federal agency to assist that agency in responding 
to an inquiry by the individual to whom that record pertains.
    (16) To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with the 
FOIA, and to facilitate OGIS' offering of mediation services to resolve 
disputes between persons making FOIA requests and administrative 
agencies.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made to a 
consumer reporting agency as defined in the Fair Credit Reporting Act 
(15 U.S.C. 1681a(f)) or the Federal Claims

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Collection Act of 1996 (31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper records are contained in file cabinets and/or in secured 
rooms under the control of authorized DOI personnel. Electronic records 
are contained in computers, compact discs, magnetic tapes, external 
removable drives, email, diskettes, digital video disks, and electronic 
databases.

RETRIEVABILITY:
    Information can be retrieved by specific data elements in the 
system including: The EFTS tracking number; the name of the requester 
and/or his/her organizational affiliation; subject; etc. Paper records 
are normally retrieved by EFTS tracking number or by the name of the 
person making the request.

SAFEGUARDS:
    Access to records in the system is limited to authorized personnel 
whose official duties require such access. Paper records are maintained 
in file cabinets and/or in secured rooms under the control of 
authorized DOI personnel. Computer servers in which electronic records 
are stored are located in secured DOI facilities with physical, 
technical and administrative levels of security to prevent unauthorized 
access to the DOI network and information assets. Electronic records 
are maintained in accordance with the OMB and Departmental guidelines 
reflecting the implementation of the Federal Information Security 
Modernization Act of 2014 (Pub. L. 113-283, 44 U.S.C. 3554). Electronic 
data is protected through user identification, passwords, database 
permissions and software controls. Such security measures establish 
different access levels for different types of users. System 
administrators and authorized users are trained and required to follow 
established internal security protocols and must complete all security, 
privacy, and records management training and sign the DOI Rules of 
Behavior.

RETENTION AND DISPOSAL:
    Records are maintained under Departmental Records Schedule (DRS) 
1--Administrative Records (DAA-0048-2013-0001) that cover FOIA and 
Privacy Act request files, correspondence, reports, and other program 
administration and financial management records, which has been 
approved by NARA. The disposition for these records is temporary and 
retention periods vary according to the specific record and the needs 
of the agency. FOIA request files and other short-term administration 
records are destroyed three years after cut-off, which is generally 
after the date of reply or the end of the fiscal year in which files 
are created. Long-term records that require additional retention, such 
as denials, are destroyed seven years after cut-off, which is generally 
when the record is closed. Paper records are disposed of by shredding 
or pulping, and records maintained on electronic media are degaussed or 
erased in accordance with 384 Departmental Manual 1 and NARA 
guidelines.

SYSTEM MANAGER AND ADDRESS:
    (1) The Departmental FOIA Officer, Office of the Executive 
Secretariat,
    U.S. Department of the Interior, 1849 C Street NW., MS-7328 MIB, 
Washington, DC 20240, has overall responsibility for the policies and 
procedures used to operate the system.
    (2) DOI Bureau and Office FOIA Officers and Coordinators in 
headquarters and in field offices have responsibility for the data 
inputted into and maintained on the EFTS for their respective 
organizations along with any FOIA case files. To obtain a current list 
of the FOIA Officers and Coordinators and their addresses, see https://www.doi.gov/foia/contacts.

NOTIFICATION PROCEDURES:
    An individual requesting notification of the existence of records 
on himself or herself in this system of records should send a signed, 
written inquiry to the FOIA Officer or Coordinator of the Bureau or 
Office that maintains the FOIA records, as identified above. The 
request envelope and letter should both be clearly marked ``PRIVACY ACT 
INQUIRY.'' A request for notification must meet the requirements of 43 
CFR 2.235.

RECORDS ACCESS PROCEDURES:
    An individual requesting records on himself or herself should send 
a signed, written inquiry to the FOIA Officer or Coordinator of the 
Bureau or Office that maintains the FOIA records, as identified above. 
The request should describe the records sought as specifically as 
possible. The request envelope and letter should both be clearly marked 
``PRIVACY ACT REQUEST FOR ACCESS.'' A request for access must meet the 
requirements of 43 CFR 2.238.

CONTESTING RECORDS PROCEDURES:
    An individual requesting corrections or the removal of material 
from his or her records should send a signed, written request to the 
FOIA Officer or Coordinator of the Bureau or Office that maintains the 
FOIA records, as identified above. A request for corrections or removal 
must meet the requirements of 43 CFR 2.246.

RECORD SOURCE CATEGORIES:
    Information gathered in this system is submitted by individuals, 
agencies, or corporate entities filing FOIA requests and agency 
employees processing these requests. Information is also taken from the 
following Privacy Act systems of records: Freedom of Information Act 
Appeal Files--Interior, OS-69, and Privacy Act Files--Interior, DOI-57.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    To the extent that copies of exempt records from other systems of 
records are entered into this system, the Department of the Interior 
claims the same exemptions for those records that are claimed for the 
original primary systems of records from which they originated.
[FR Doc. 2016-12541 Filed 5-25-16; 8:45 am]
 BILLING CODE 4334-63-P