[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Notices]
[Pages 16783-16786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04976]
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DEPARTMENT OF THE INTERIOR
National Park Service
[DOI-2023-0018; PPWOPPFLL0/PSSPPFL0088.00.1]
Privacy Act of 1974; System of Records
AGENCY: National Park Service, Interior.
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Interior (DOI) is issuing a public
notice of its intent to modify the National Park Service (NPS) Privacy
Act system of records, INTERIOR/NPS-2, Land Acquisition and Relocation
Files. DOI is revising this notice to expand the scope to include
realty management activities; update the system name; propose new and
modified routine uses; and update all sections to accurately reflect
management of the system of records. This modified system will be
included in DOI's inventory of record systems.
DATES: This modified system will be effective upon publication. New or
modified routine uses will be effective April 8, 2024. Submit comments
on or before April 8, 2024.
ADDRESSES: You may send comments identified by docket number [DOI-2023-
0018] by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for sending comments.
Email: [email protected]. Include docket number
[DOI-2023-0018] in the subject line of the message.
U.S. Mail or Hand-Delivery: Teri Barnett, Departmental
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW,
Room 7112, Washington, DC 20240.
Instructions: All submissions received must include the agency name
and docket number [DOI-2023-0018]. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Felix Uribe, Associate Privacy
Officer, National Park Service, 12201 Sunrise Valley Drive, Reston, VA
20192, [email protected] or (202) 354-6925.
SUPPLEMENTARY INFORMATION:
I. Background
The NPS maintains the INTERIOR/NPS-2, Land Acquisition and
Relocation Files, system of records. The mission of the NPS is to
preserve the natural and cultural resources and values of the National
Park system for the enjoyment, education, and inspiration of this and
future generations. Land protection activities play a vital role in
accomplishing these objectives within National Park units (often
referred to as parks). The purpose of the system of records is to
manage land acquisition, relocation, and realty management activities
for lands or interests in lands associated with National Park units.
DOI is proposing to change the name of the system from INTERIOR/
NPS-2, Land Acquisition and Relocation Files, to INTERIOR/NPS-2, Land
Acquisition, Relocation, and Realty Management Records, to reflect the
expanded scope of the system of records to include realty management
activities. DOI is also updating the system location, category of
records, category of individuals, records source categories, storage,
retrieval, records retention and disposal, and safeguards; updating the
authorities in accordance with the new Title 54 of the U.S. Code, which
includes only laws applicable to NPS; updating the notification,
records access and contesting procedures; adding new sections for
security classification, purpose, and history of the system of records;
and making general updates to the remaining sections to accurately
reflect management of the system of records in accordance with the
Office of Management and Budget (OMB) Circular A-108, Federal Agency
Responsibilities for Review, Reporting, and Publication under the
Privacy Act.
DOI is also changing the routine uses from a numeric to alphabetic
list and is proposing to modify existing routine uses to provide
clarity and transparency, and to reflect updates consistent with
standard DOI routine uses. Routine use A was modified to further
clarify disclosures to the Department of Justice (DOJ) or other Federal
agencies, when necessary, in relation to litigation or judicial
hearings. Modified routine use B clarifies disclosures to a
congressional office to respond to or resolve an individual's request
made to that office. Modified routine use D allows DOI to refer matters
to the appropriate Federal, State, local, or foreign agencies, or other
public authority agencies responsible for investigating or prosecuting
violations of, or for enforcing, or implementing, a statute, rule,
regulation, order, or license. Modified routine use J and proposed
routine use K allow DOI and NPS to share information with appropriate
Federal agencies or entities when reasonably necessary to respond to a
breach of personally identifiable information (PII) and to prevent,
minimize, or remedy the risk of harm to individuals or the Federal
Government, or assist an agency in locating individuals affected by a
breach in accordance with OMB Memorandum M-17-12, Preparing for and
Responding to a Breach of Personally Identifiable Information. Routine
use P was modified to remove the reference to condemnation proceedings
since the condemnation process is covered by routine use A and add
clarifying reference to the regulations of the Attorney General for
review of title for Federal land acquisitions.
DOI is proposing new routine uses to facilitate sharing of
information with agencies and organizations to promote the integrity of
the records in the system or carry out a statutory responsibility of
the DOI or Federal Government. Proposed routine use C facilitates
sharing of information with the Executive Office of the President to
resolve issues concerning individuals' records. Proposed routine use E
allows NPS to share information with other Federal agencies to assist
in the performance of their responsibility to ensure records are
accurate and complete, and to respond to requests from individuals who
are the subject of the records. Proposed routine use F facilitates
sharing of information related to hiring, issuance of a security
clearance, or a license, contract, grant or benefit. Proposed routine
use G allows NPS to share information with the National Archives and
Records Administration (NARA) to conduct records management
inspections. Proposed routine use H allows NPS to share information
with external entities, such as State, territorial and local
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governments, and Tribal organizations needed in response to court
orders and/or for discovery purposes related to litigation. Proposed
routine use I facilitates sharing of information with an expert,
consultant, grantee, shared service provider, or contractor when
authorized and necessary to perform services on DOI's behalf to carry
out the purposes of the system. Proposed routine use L facilitates
sharing with the OMB in relation to legislative affairs mandated by OMB
Circular A-19. Proposed routine use M allows NPS to share information
with the Department of the Treasury to recover debts owed to the United
States. Proposed routine use N allows NPS to share information with the
news media and the public if there is a legitimate public interest in
the disclosure of the information. Proposed routine use Q allows NPS to
share information with other Federal agencies, Federal entities, State,
territorial, and local governments, Tribal organizations, and nonprofit
partners on land acquisition, relocation, or realty management
projects. Proposed routine use R facilitates sharing of information
when authorized and necessary for land acquisition, relocation, or
realty management projects.
II. Privacy Act
The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing the means by how
Federal agencies collect, maintain, use, and disseminate individuals'
records. 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 from which
information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. The Privacy Act defines an individual as a United
States citizen or lawful permanent resident. Individuals may request
access to their own records that are maintained in a system of records
in the possession or under the control of DOI by complying with DOI
Privacy Act regulations at 43 CFR part 2, subpart K, and following the
procedures outlined in the Records Access, Contesting Record, and
Notification Procedures sections of this notice.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the existence and character of each
system of records that the agency maintains, and the routine uses of
each system. The INTERIOR/NPS-2, Land Acquisition, Relocation, and
Realty Management Records, system of records notice is published in its
entirety below. In accordance with 5 U.S.C. 552a(r), DOI has provided a
report of this system of records to the Office of Management and Budget
and to Congress.
III. Public Participation
You should be aware your entire comment including your personally
identifiable information, such as your address, phone number, email
address, or any other personal information in your comment, may be made
publicly available at any time. While you may request to withhold your
personally identifiable information from public review, we cannot
guarantee we will be able to do so.
SYSTEM NAME AND NUMBER:
INTERIOR/NPS-2, Land Acquisition, Relocation, and Realty Management
Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
National Program Center, Land Resources Division, National Park
Service, U.S. Department of the Interior, 1849 C Street NW, Washington,
DC 20240. Records are also located at Project Offices and Regional Land
Offices involved with land acquisition, relocation, and realty
management activities. A current listing of these offices may be
obtained by writing to the System Manager.
SYSTEM MANAGER(S):
Chief, National Program Center, Land Resources Division, National
Park Service, U.S. Department of the Interior, 1849 C Street NW,
Washington, DC 20240.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 54, United States Code, National Park Service and Related
Programs; 44 U.S.C. 3101, Records management by agency heads; general
duties; and 42 U.S.C. 4651, Uniform policy on real property acquisition
practices.
PURPOSE(S) OF THE SYSTEM:
The purpose of the system is to help NPS manage land acquisition,
relocation, and realty management activities across lands associated
with National Park units.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former landowners, tenants, permittees, and other
entities with an interest in lands associated with a National Park
unit.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains records on:
(1) Deeds, title evidence such as easements and title policies,
right-of-way permits, agreements, correspondence, notes, maps, surveys,
tracts, and memoranda pertinent to land acquisition, relocation, and
realty management projects across lands associated with a National Park
unit. These records may contain information that includes names, home
addresses, personal telephone numbers, email addresses of private
individuals, such as landowners, tenants, or permittees that are
involved in a project. Records are organized by tract number,
instrument number, or landowner name.
(2) Private individuals receiving payments for land acquisition or
relocation activities that may contain personal or financial
information, including Taxpayer Identification Number, Social Security
number, or bank account numbers to ensure payments are successfully
made to the correct individual.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from title companies, public
records, mapping contractors, survey contractors, contract appraisers,
environmental site assessors, landowners and permittees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOI as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
(1) DOI or any component of DOI;
(2) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(3) Any DOI employee or former employee acting in his or her
official capacity;
(4) Any DOI employee or former employee acting in his or her
individual capacity when DOI or DOJ has agreed to represent that
employee or pay for private representation of the employee; or
[[Page 16785]]
(5) The United States Government or any agency thereof when DOJ
determines that DOI is likely to be affected by the proceeding.
B. To a congressional office when requesting information on behalf
of, and at the request of, the individual who is the subject of the
record.
C. To the Executive Office of the President in response to an
inquiry from that office made at the request of the subject of a record
or a third party on that person's behalf, or for a purpose compatible
with the reason for which the records are collected or maintained.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. To an expert, consultant, grantee, shared service provider, or
contractor (including employees of the contractor) of DOI that performs
services requiring access to these records on DOI's behalf to carry out
the purposes of the system.
J. To appropriate agencies, entities, and persons when:
(1) DOI suspects or has confirmed that there has been a breach of
the system of records;
(2) DOI has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DOI (including
its information systems, programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DOI's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
K. To another Federal agency or Federal entity, when DOI determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in:
(1) responding to a suspected or confirmed breach; or
(2) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
L. To the Office of Management and Budget (OMB) during the
coordination and clearance process in connection with legislative
affairs as mandated by OMB Circular A-19.
M. To the Department of the Treasury to recover debts owed to the
United States.
N. 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.
O. To authorized title companies and closing agents for title
policies and closings.
P. To the United States Department of Justice for preliminary and
final title opinions as required by the regulations of the Attorney
General governing the review and approval of title for Federal land
acquisitions.
Q. To other Federal agencies and entities, State, territorial, and
local governments, Tribal organizations, and nonprofit partners working
in conjunction with the NPS on land acquisition, relocation, or realty
management projects.
R. To members of the public when statute or regulation requires
that a Federal realty action be accompanied by a public notification
detailing the parties and lands involved.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records are contained in file folders and stored in locked
filing cabinets and file rooms in secure DOI controlled facilities.
Electronic records are contained in computers, email, network storage
devices, and electronic databases.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are indexed and retrieved by an individual's name or by a
unique identifier, such as a tract or instrument number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained in perpetuity in accordance with the NPS
Records Schedule Resource Management and Lands (Item 1) (N1-79-08-1),
which was approved by NARA. Once projects are completed, the paper
records are transferred to NARA for permanent storage. Electronic
records remain accessible to authorized NPS staff for ongoing park
management purposes.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The records contained in this system are safeguarded in accordance
with 43 CFR 2.226 and other applicable security and privacy rules and
policies. Paper records are under the control of authorized personnel
and stored within secured filing cabinets and file rooms. The desktop
computers and servers on which electronic records reside are in secured
DOI controlled facilities with physical, technical, and administrative
levels of security to prevent unauthorized access to the DOI network
and information assets. Electronic records on laptop computers are
protected with data-at-rest encryption on their hard drives. Access to
the electronic records requires successful network authentication and
is limited to personnel who have a need to know the information for the
performance of their official duties.
Computerized records systems follow the National Institute of
Standards and Technology privacy and security standards as developed to
comply with the Privacy Act of 1974, as amended, 5 U.S.C. 552a;
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.; Federal
Information Security Modernization Act of 2014, 44 U.S.C. 3551 et seq.;
and the Federal Information Processing Standards 199: Standards for
Security Categorization of Federal Information and Information Systems.
Security controls include multi-factor user authentication, passwords,
database permissions, encryption, firewalls, audit
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logs, and network system security monitoring, and software controls.
System backups are stored in a locked and controlled room in a secure,
off-site location.
A Privacy Act Warning Notice appears on computer monitor screens
when records containing information on individuals are made available
to authorized personnel. 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.
RECORD ACCESS PROCEDURES:
An individual requesting records access to their records should
send a written inquiry to the System Manager identified above. DOI
forms and instructions for submitting a Privacy Act request may be
obtained from the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must include a
general description of the records sought and the requester's full
name, current address, and sufficient identifying information such as
date of birth or other information required for verification of the
requester's identity. The request must be signed and dated and be
either notarized or submitted under penalty of perjury in accordance
with 28 U.S.C. 1746. Requests submitted by mail must be marked
``PRIVACY ACT REQUEST FOR ACCESS'' on both the envelope and letter. A
request for access must meet the requirements of 43 CFR 2.238.
CONTESTING RECORD PROCEDURES:
An individual requesting amendment of their records should send a
written request to the System Manager identified above. DOI
instructions for submitting a request for amendment of records are
available on the DOI Privacy Act Request website at https://www.doi.gov/privacy/privacy-act-requests. The request must clearly
identify the records for which amendment is being sought, the reasons
for requesting the amendment, and the proposed amendment to the record.
The request must include the requester's full name, current address,
and sufficient identifying information such as date of birth or other
information required for verification of the requester's identity. The
request must be signed and dated and be either notarized or submitted
under penalty of perjury in accordance with 28 U.S.C. 1746. Requests
submitted by mail must be clearly marked ``PRIVACY ACT REQUEST FOR
AMENDMENT'' on both the envelope and letter. A request for amendment
must meet the requirement of 43 CFR 2.246.
NOTIFICATION PROCEDURES:
An individual requesting notification of the existence of records
about them should send a signed, written inquiry to the System Manager
identified above. DOI instructions for submitting a request for
notification are available on the DOI Privacy Act Requests website at
https://www.doi.gov/privacy/privacy-act-requests. The request must
include a general description of the records and the requester's full
name, current address, and sufficient identifying information such as
date of birth or other information required for verification of the
requester's identity. The request must be signed and dated and be
either notarized or submitted under penalty of perjury in accordance
with 28 U.S.C. 1746. Requests submitted by mail must be clearly marked
``PRIVACY ACT INQUIRY'' on both the envelope and letter. A request for
notification must meet the requirements of 43 CFR 2.235.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
48 FR 51696 (November 10, 1983); modification published at 73 FR
63992 (October 28, 2008).
Teri Barnett,
Departmental Privacy Officer, U.S. Department of the Interior.
[FR Doc. 2024-04976 Filed 3-7-24; 8:45 am]
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