80 FR 26291 - Privacy Act of 1974, as Amended; Notice To Amend an Existing System of Records

DEPARTMENT OF THE INTERIOR
Office of the Secretary

Federal Register Volume 80, Issue 88 (May 7, 2015)

Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of the Interior is issuing public notice of its intent to amend the Office of the Secretary Privacy Act system of records, ``Hearings and Appeals Files--Interior, OS-09''. The amendment will update the system location, categories of records, routine uses of records maintained, policies and practices for storing, retrieving, accessing, retaining and disposing of records, and citations to amended Department of the Interior regulations.

[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26291-26294]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11040]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[134D0102DM DMSN00000.000000 DS68200000 DX68201DAGENLAM]


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: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of the Interior is issuing public notice of its 
intent to amend the Office of the Secretary Privacy Act system of 
records, ``Hearings and Appeals Files--Interior, OS-09''. The amendment 
will update the system location, categories of records, routine uses of 
records maintained, policies and practices for storing, retrieving, 
accessing, retaining and disposing of records, and citations to amended 
Department of the Interior regulations.

DATES: Comments must be received by June 16, 2015. The amendments to 
the system will be effective June 16, 2015.

ADDRESSES: Any person interested in commenting on this notice may do so 
by: submitting comments in writing to Teri Barnett, Departmental 
Privacy Officer, 1849 C Street NW., Mail Stop 5547 MIB, Washington, DC 
20240; hand-delivering comments to Teri Barnett, Departmental Privacy 
Officer, 1849 C Street NW., Mail Stop 5547 MIB, Washington, DC 20240; 
or emailing comments to [email protected].

FOR FURTHER INFORMATION CONTACT: Director, Office of Hearings and 
Appeals, 801 N. Quincy Street, Suite 300, Arlington, Virginia 22203, or 
by telephone at 703-235-3810.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of the Interior (DOI), Office of Hearings and 
Appeals (OHA), maintains the ``Hearings and Appeals File--Interior, OS-
09,'' system of records. The primary purpose of this system is to 
support the adjudication or other resolution of administrative disputes 
assigned to OHA. The amendments to the system will include updating the 
system location, categories of records, routine uses of records 
maintained, and policies and practices for storing, retrieving, 
accessing, retaining and disposing of records, as well as updating 
citations to amended DOI regulations. The categories of records in the 
system is being updated to delete a reference regarding contract 
disputes considered and decided by the Interior Board of Contract 
Appeals, which was replaced by Congress with the Civilian Board of 
Contract Appeals (Sec. 847, Pub. L. 109-163, 119 Stat. 3391), and to 
add a reference to hearings in hydropower licensing proceedings (43 CFR 
part 45). This system notice was last published in the Federal Register 
on November 27, 2006, 71 FR 68633.
    The list of routine uses of records maintained in the system is 
being revised in several respects. Routine use (1) is expanded to cover 
not only parties and their authorized representatives but also 
intervenors, witnesses, parties' family members, any other persons 
whose connections to the parties and/or the proceedings could warrant 
attendance and/or participation at a hearing, and authorized 
representatives of any of these additional persons. Routine use (1) is 
also expanded to expressly include service lists as documents that may 
be disclosed. It is typical for service lists to show, among other 
things, the name and address of each party or party's representative.
    Routine use (2) is added to permit disclosure of case docket lists 
that provide limited information on pending cases, such as, docket 
number, case title (which may be an individual's name), and docketed 
date. Finally, routine use (3) is added to permit disclosure of 
decisions and orders whose disclosure is not required under the Freedom 
of Information Act, 5 U.S.C. 552(a)(2).
    The amendments to the system will be effective as proposed at the 
end of the comment period (the comment period will end 40 days after 
the publication of this notice in the Federal Register), unless 
comments are received which would require a contrary determination. DOI 
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 (5 U.S.C. 552a), 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 
particular assigned to the individual. The Privacy Act defines an 
individual as a U.S. citizen or lawful permanent resident. As a matter 
of policy, DOI 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 DOI by complying with DOI 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

[[Page 26292]]

the agency maintains, the routine uses that are contained in each 
system in order to make agency record keeping practices transparent, to 
notify individuals regarding the uses of their records, and to assist 
individuals to more easily find such records within the agency. The 
amended system notice for the ``Hearings and Appeals Files--Interior, 
OS-09,'' 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 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 4, 2015.
Teri Barnett,
Departmental Privacy Officer.

System Name:
    Hearings and Appeals Files--Interior, OS-09.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    (1) Director's Office and Appeals Boards, Office of Hearings and 
Appeals, 801 N. Quincy Street, Suite 300, Arlington, Virginia 22203.
    (2) Probate Hearings Division, Office of Hearings and Appeals, BIA 
Building II, 1011 Indian School Road NW., Room 322, Albuquerque, New 
Mexico 87104.
    (3) Departmental Cases Hearings Division, Office of Hearings and 
Appeals, 351 South West Temple St., Suite 6.300, Salt Lake City, Utah 
84101.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals involved or otherwise identified in hearings and 
appeals proceedings before the Office of the Director, Appeals Boards, 
and Hearings Divisions of OHA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system include information assembled in case files 
and docket systems pertaining to individuals involved in the categories 
of hearings and appeals proceedings listed below. The types of records 
vary from category to category and case to case, but may include 
correspondence, pleadings, and briefs; administrative record materials, 
other documentary evidence, and transcripts of testimony; notices, 
orders, and decisions issued by administrative law judges, 
administrative judges, and other deciding officials; and associated 
docket cards and docket system data entries. During the active 
consideration of a case, records may also include deliberative process 
materials such as a judge's notes, draft orders or decisions, and 
comments on such drafts from other judges or staff. Records in the 
system may contain names, addresses, telephone numbers, family 
relationship information (including adoption and foster care 
relationship information), tribal enrollment information, and dates of 
birth of individuals involved or otherwise identified in hearings and 
appeals.
    Categories of hearings and appeals proceedings covered by OS-09:
    (1) Indian probate matters, considered and decided by the Probate 
Hearings Division, including determination of heirs, approval of wills, 
allowance of claims, and the purchase of decedents' interests in trust 
and restricted lands; and appeals in such matters, considered and 
decided by the Interior Board of Indian Appeals (IBIA).
    (2) Heirship determinations under the White Earth Reservation Land 
Settlement Act of 1985, considered and decided by the Departmental 
Cases Hearings Division (DCHD); and appeals in such matters, considered 
and decided by IBIA.
    (3) Appeals pertaining to administrative actions of the Bureau of 
Indian Affairs, considered and decided by IBIA.
    (4) Contest proceedings and other hearings relating to the use and 
disposition of public lands and their resources, considered and decided 
by the DCHD, including land selections arising under the Alaska Native 
Claims Settlement Act; appeals in such matters, considered and decided 
by the Interior Board of Land Appeals (IBLA); and appeals from 
decisions of the Bureau of Land Management relating to the use and 
disposition of public lands and their resources, considered and decided 
by IBLA.
    (5) Appeals from decisions of Departmental officials relating to 
the use and disposition of mineral resources in certain acquired lands 
of the United States and in the submerged lands of the Outer 
Continental Shelf, considered and decided by IBLA.
    (6) Hearings in appeals relating to surface coal mining and 
reclamation operations, considered and decided by the DCHD; appeals in 
such matters, considered and decided by IBLA; and appeals from 
decisions of the Office of Surface Mining Reclamation and Enforcement 
relating to surface coal mining and reclamation operations, considered 
and decided by IBLA.
    (7) Hearings related to mandatory conditions and prescriptions 
proposed for inclusion in hydropower licenses, considered and decided 
by the DCHD.
    (8) Hearings and appeals in various matters considered and decided 
by the Director or his or her designees, including employee debt 
collection matters, requests for waiver of claims for erroneous 
payments, determinations of employee liability for loss or damage to 
government property, adjustment of rental rates for government 
quarters, acreage limitations under the Reclamation Reform Act, 
Relocation Assistance Act claims, enforcement actions under the Indian 
Gaming Regulatory Act, and Director's review matters under 43 CFR 
4.5(b).
    (9) Any other hearings or appeals proceedings conducted by OHA 
under statutes or Departmental regulations providing for a hearing and/
or a right to appeal within the Department.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301, 551 et seq.; 16 U.S.C. 791 et seq.; 25 U.S.C. 2, 9, 
372, 373, 373a, 373b, 374, 2201 et seq.; 30 U.S.C. chap. 2, 3, 3A, 5, 
7, 16, 23, 25 and 29; 41 U.S.C. 7101 et seq.; 43 U.S.C. 315a, 1201, 
1331 et seq., 1601 et seq., 1701 et seq.; 43 CFR parts 4, 30, and 45.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The primary purpose of the Hearings and Appeals Files system of 
records is to support administrative determinations and adjudications 
assigned to OHA. Final opinions rendered in the adjudication of cases 
will be disclosed outside DOI as required by law and regulation (5 
U.S.C. 552(a)(2), 43 CFR 2.1(g); 2.67(b)). In addition to those 
disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy 
Act, 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:
    (1) To parties and their authorized representatives, as well as 
intervenors, witnesses, parties' family members, any other persons 
whose connections to the parties and/or the proceedings could warrant 
attendance and/or participation at a hearing, and authorized 
representatives of any of these additional persons, upon request or in

[[Page 26293]]

the course of case adjudication, including persons in attendance at 
formal hearings (e.g., parties' family members), when the disclosure 
involves documents of record in the proceeding, including service lists 
but excluding documents protected from disclosure under 43 CFR 4.31.
    (2) To the public of case docket lists that provide limited 
information on pending cases, e.g., docket number, case title, and 
docketed date.
    (3) To the public of decisions and orders that are not required to 
be disclosed under 5 U.S.C. 552(a)(2), e.g., ALJ decisions and orders 
and IBLA orders, either in their original form or as redacted, if:
    (i) Such disclosure would not cause a clearly unwarranted invasion 
of personal privacy; and
    (ii) Such documents would not otherwise be exempt from disclosure 
under 5 U.S.C. 552(b).
    (4)(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 DOI employee acting in his or her individual capacity if 
DOI 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) DOI or any component of DOI;
    (B) Any other Federal agency appearing before OHA;
    (C) Any DOI employee acting in his or her official capacity;
    (D) Any DOI employee acting in his or her individual capacity if 
DOI or DOJ has agreed to represent that employee or pay for private 
representation of the employee;
    (E) The United States, when DOJ determines that DOI is likely to be 
affected by the proceeding; and
    (ii) DOI deems the disclosure to be:
    (A) Relevant and necessary to the proceeding; and
    (B) Compatible with the purpose for which the records were 
compiled.
    (5) 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.
    (6) 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.
    (7) 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.
    (8) 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.
    (9) To representatives of the National Archives and Records 
Administration to conduct records management inspections under the 
authority of 44 U.S.C. 2904 and 2906.
    (10) 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.
    (11) To an expert, consultant, 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.
    (12) 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.
    (13) To the Office of Management and Budget during the coordination 
and clearance process in connection with legislative affairs as 
mandated by OMB Circular A-19.
    (14) To the Department of the Treasury to recover debts owed to the 
United States.
    (15) To agency contractors, grantees, or volunteers for DOI or 
other Federal Departments who have been engaged to assist the 
Government in the performance of a contract, grant, cooperative 
agreement, or other activity related to this system of records and who 
need to have access to the records in order to perform the activity.
    (16) 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 or otherwise violate the FOIA.

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 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:
    Case file records in manual form are maintained in file folders. 
Electronic records, including those created for the purpose of tracking 
case files, are maintained on the OHA computer network in user-
authenticated, password-protected systems that are compliant with the 
Federal Information Security Management Act. All records are accessed 
only by authorized personnel who have a need to access the records in 
the performance of their official duties.

RETRIEVABILITY:
    Both manual and electronic records are retrieved by the name of the 
appellant, claimant, or other party, or by designated OHA docket 
number.

SAFEGUARDS:
    The records contained in this system are safeguarded in accordance 
with 43 CFR 2.226 and other applicable security

[[Page 26294]]

rules and policies. Most of the records covered by this notice are in 
paper form. Access is provided on a need-to-know basis. Manual records 
are maintained in locked file cabinets located in secured rooms or DOI 
facilities. Electronic data are protected through user identification, 
passwords, database permissions, and software controls. Computers and 
storage media are encrypted in accordance with DOI security policy. 
Computers containing files are password protected to restrict 
unauthorized access. The DOI computers and servers storing this 
information are located in secured DOI facilities with access codes, 
security codes, and security guards. Access to electronic data is 
limited to DOI personnel who have a need to know the information for 
the performance of their official duties.
    Personnel authorized to access systems must complete all Security, 
Privacy, and Records Management training and sign the DOI Rules of 
Behavior. A separate Privacy Impact Assessment for the electronic 
database (the OHA Docket Management System) has been conducted to 
ensure appropriate controls and safeguards are in place to protect the 
information within the system.

RETENTION AND DISPOSAL:
    Records other than Indian trust records are retained and disposed 
of in accordance with the OHA Records Disposal Schedule, which has been 
approved by the National Archives and Records Administration (Job No. 
N1-048-07-4), and the Office of the Secretary Records Disposal 
Schedule. The disposition is temporary. The disposition schedule 
varies, but most records are destroyed or deleted 7 years after closure 
of agency business. Paper records are disposed of by shredding or 
pulping, and records contained on electronic media are degaussed or 
erased in accordance with 384 Departmental Manual 1.
    Indian trust records are retained in accordance with a schedule, 
``Office of Hearings and Appeals--Trust Case Files,'' that has been 
approved by the National Archives and Records Administration (Job No. 
N1-048-10-8). The disposition is permanent.

SYSTEM MANAGER AND ADDRESS:
    Director, Office of Hearings and Appeals, U.S. Department of the 
Interior, 801 N. Quincy Street, Suite 300, Arlington, Virginia 22203.

NOTIFICATION PROCEDURES:
    An individual requesting notification of the existence of records 
on himself or herself should send a signed, written inquiry to the 
System Manager 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 System Manager 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 
System Manager identified above. A request for corrections or removal 
must meet the requirements of 43 CFR 2.246.

RECORD SOURCE CATEGORIES:
    Records in the system contain information submitted by individuals 
involved in hearings and appeals, including but not limited to 
appellants, claimants, intervenors, witnesses, government and Tribal 
officials, and other persons involved in the proceedings.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
[FR Doc. 2015-11040 Filed 5-6-15; 8:45 am]
 BILLING CODE 4334-12-P