[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

[[Page 16784]]

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]
BILLING CODE 4312-52-P