[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Notices]
[Pages 72890-72893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20104]
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DEPARTMENT OF THE INTERIOR
National Park Service
[DOI-2024-0008; PPWOCRADB0/PCU00RP15.R50000]
Privacy Act of 1974; System of Records
AGENCY: National Park Service, Interior.
ACTION: Notice of a new 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 create the National Park Service (NPS) Privacy
Act system of records, INTERIOR/NPS-35, Cultural Resource Applications
System. The system provides the NPS Cultural Resources, Partnerships,
and Science (CRPS) Directorate program managers the information needed
to make informed cultural resources management decisions. This newly
established system will be included in DOI's inventory of record
systems.
DATES: This new system will be effective upon publication. New routine
uses will be effective October 7, 2024. Submit comments on or before
October 7, 2024.
ADDRESSES: You may send comments identified by docket number [DOI-2024-
0008] 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-2024-0008] 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-2024-0008]. 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, U.S. Department of the Interior, 12201
Sunrise Valley Drive, Reston, VA 20192, [email protected] or 202-354-
6925.
SUPPLEMENTARY INFORMATION:
I. Background
The CRPS Directorate consists of various applications that support
programs under an Associate Director, including the Technical
Preservation Services (TPS) Office, National Register of Historic
Places and National Historic Landmarks Programs (NR/NHL), Park
Archeology Program, Cultural Landscapes, Historic and Prehistoric
Structures, and State, Tribal, Local Governments Program, and Tribal
Relations and American Cultures. The INTERIOR/NPS-35, Cultural Resource
Applications System, system of records provides the NPS CRPS
Directorate program managers the ability to centrally manage processes
from several program areas. The system helps NPS track, manage, comment
and report on grant applications; manage and report on National
Register resources in an effective and timely manner; track the
processing of applications for Federal income tax incentives for
historic preservation; manage NPS's official inventory of cultural
resource sites in parks; provide Historic Preservation Offices the
ability to report program and financial activities; provide the Native
American Graves Protection and Repatriation Act (NAGPRA) Program the
ability to track and process data related areas of program work; handle
submission, collection, reviewing of the application process and track
its progress; create reports, and provide audit documentation; and
comply with legal and regulatory requirements for cataloging and
reporting on cultural resources and historic properties. To the extent
permitted by law, information may be shared with Federal, State, local,
Tribal agencies, members of the public, and organizations as authorized
and compatible with the purpose of this system, or when proper and
necessary, consistent with the routine uses set forth in this system of
records notice (SORN).
II. Privacy Act
The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing 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-35, Cultural Resource Applications
System, SORN 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-35, Cultural Resource Applications System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Cultural Resources, Partnerships, and Science Directorate, National
Park Service, U.S. Department of the Interior, 1849 C Street NW, Room
3316, Washington, DC 20240.
SYSTEM MANAGER(S):
Associate Director, Cultural Resources, Partnerships, and Science
Directorate, National Park Service, U.S. Department of the Interior,
1849 C Street NW, Room 7518, Washington, DC 20240.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Archeological Resources Protection Act, 16 U.S.C. 470aa-470mm;
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Archeological and Historic Preservation Act, 54 U.S.C. 312501-312508;
Protection of Archeological Resources, 43 CFR part 7; Protection of
Historic Properties, 36 CFR part 800; National Historic Preservation
Act (NHPA), 54 U.S.C. 300101 et. seq.; National Park Service and
Related Programs, 54 U.S.C., section 106 of the National Historic
Preservation Act, 54 U.S.C. 306108, section 304 of the National
Historic Preservation Act, 54 U.S.C. 307103, section 110 of the
National Historic Preservation Act, 54 U.S.C. 306101 et seq.; National
Historic Landmarks Program, 54 U.S.C. 302102-302108; National Register
of Historic Places, 36 CFR part 60; Determinations of Eligibility for
Inclusion in the National Register of Historic Places, 36 CFR part 63;
National Historic Landmarks Program, 36 CFR part 65; National Park
Service Centennial Act, Public Law 114-289 (Dec. 16, 2016); Internal
Revenue Code (IRC), 26 U.S.C.; Rehabilitation Credit, 26 U.S.C. 47;
Charitable, etc., Contributions and Gifts, 26 U.S.C. 170; Identifying
Numbers, 26 U.S.C. 6109; Department of the Interior Regulations,
Historic Preservation Certifications Under the Internal Revenue Code,
36 CFR part 67; and African American Civil Rights Network Act of 2017,
Public Law 115-104 (Jan. 8, 2018).
PURPOSE(S) OF THE SYSTEM:
The purpose of the system is to provide NPS CRPS Directorate
program managers the information needed to make informed cultural
resources management decisions. The system is used to track the receipt
and processing of applications for NPS certification for Federal income
tax incentives for historic preservation, track and process grant
applications and results, and comply with legal and regulatory
requirements for cataloging and reporting on cultural resources and
historic properties.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include NPS employees, Federal
contractors, members of the public to include applicants, volunteers,
interns, Tribal Historic Preservation Office staff, State Historic
Preservation Office staff, and non-profit organization contractors who
are associated with grants or projects on National Register or other
historic preservation properties or under contracts or agreements with
NPS or another Federal agency. This system contains records concerning
corporations and other business entities, which are not subject to the
Privacy Act. However, records pertaining to individuals acting on
behalf of corporations and other business entities may reflect personal
information that may be maintained in this system of records.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records covered by the system include:
(1) National Register & Landmarks Application Records. Information
in the records include associated persons, events, and/or cultural
significance, address, site ownership, and point of contact
information, identification of persons or organizations associated to
the site, e.g., architect, builder.
(2) Applications for Federal Income Tax Incentives for Historic
Preservation. Information in the records include building name and
address, owner name, home mailing address, personal email, home phone
number, and Social Security number (SSN) or Tax Identification Number
(TIN), and associated tax benefit; name, email, and phone number of
State, Tribal, or local historic preservation office contact, reference
identifier for NRIS-NHL, NPS Reviewer comments, appeal number, project
number, dates, and actions such as lack of payment, denials, late or
second notices.
Records may include but are not limited to: name, SSN, Tribal
Identification Number, other identification numbers, home address, home
telephone number, personal cell phone number, personal email address,
group affiliation, employment information, financial information,
information related to grants and awards, NPS system-assigned project
number, and other information as needed to support the system.
RECORD SOURCE CATEGORIES:
Records are collected directly from the applicant or owner/agent
for the project or property using standard application forms.
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
(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
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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 the Internal Revenue Service and State Historic Preservation
Offices for the purpose of processing applications for NPS
certification for Federal income tax incentives for historic
preservation and to meet regulatory requirements for administration of
the system.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records are stored in locked file cabinets in locked offices.
Electric records are stored on file servers which is hosted by the NPS
data center.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system are retrieved by various fields including
the first name, last name of an individual, name of a historic
property, property location, and NPS system-assigned project number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained in accordance with the NPS
Records Schedule, Resource Management and Lands, which has been
approved by the National Archives and Records Administration (NARA)
(Job No. Nl-79-08-01), for records documenting the acquisition,
planning, management, and protection of lands and natural and cultural
resources under the stewardship of NPS. The disposition for records in
the system is permanent and records are transferred to permanent
special media and electronic records along with any finding aids or
descriptive information (including linkage to the original file), and
related documentation by calendar year to the National Archives when 3
years old. Digital records will be transferred according to standards
applicable at the time. All other permanent records are transferred to
NARA 7 years after closure.
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 maintained in locked file cabinets in
locked offices under the control of authorized personnel. Computer
servers on which electronic records are stored and located are in
secured DOI controlled areas with physical, technical, and
administrative levels of security to prevent unauthorized access to the
DOI network and information assets.
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 user identification, passwords, database
permissions, encryption, firewalls, audit logs, and network system
security monitoring, and software controls.
The system is accessed by NPS authorized employees, contractors,
and volunteers (collectively, NPS users) using the Personal Identity
Verification (PIV) credentials and DOI Active Directory for
authentication and role/permission management. NPS users must complete
a background check and are required to sign the DOI Rules of Behavior
and must complete security and privacy training prior to accessing the
DOI computer system or network. A Privacy Impact Assessment was
conducted on the Cultural Resource Applications System to ensure that
Privacy Act requirements are met, and appropriate privacy controls were
implemented to safeguard the personally identifiable information
contained in the system.
Government user access will be authorized according to their role
and permissions using a formal process for ensuring least privilege
access is maintained before their accounts are created through the Role
Based Access Control (RBAC) system. Government users will authenticate
to RBAC using the applicable agency identity provider (e.g., Active
Directory Federated Services for DOI) and their issued PIV card. The
system uses audit logs to protect against unauthorized access, changes
or use of data.
Non-NPS users, including users from other Federal agencies, State
governments, local governments, Tribal organizations, universities, or
the general public, must first obtain approval from program managers
and register to have a user account created. The system user management
tools provide multifactor authentication using a valid email account
and a temporary encrypted account confirmation code. The system can be
accessed through NPS public and internal network portals. Access to
data is restricted to authorized personnel who require access to
perform their official duties. Access to administrative functions is
strictly controlled.
For all users, the permissions will determine what function the
user may execute in the system and define what records the user can
enter, edit, read, or delete. System administrators are required to
view usernames and permissions for troubleshooting and for
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system maintenance purposes. NPS employees and contractors with
privileged accounts will be subject to routine auditing to ensure
compliance with policies and procedures for managing data
confidentiality and integrity. System administrators periodically
review audit logs to prevent unauthorized monitoring for all users
based on authorized and assigned roles and permissions.
RECORD ACCESS PROCEDURES:
An individual requesting 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 clearly 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 as identified above. DOI
instructions for submitting a request for amendment of records are
available on the DOI Privacy Act Requests 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 requirements of 43 CFR 2.246.
NOTIFICATION PROCEDURES:
An individual requesting notification of the existence of records
about them should send a written inquiry to the System Manager as
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:
None.
Teri Barnett,
Departmental Privacy Officer, U.S. Department of the Interior.
[FR Doc. 2024-20104 Filed 9-5-24; 8:45 am]
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