Notice2021-14276
Privacy Act of 1974; System of Records
Primary source
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Published
July 6, 2021
Effective
August 5, 2021
Issuing agencies
Agriculture DepartmentForest Service
Abstract
In accordance with the Privacy Act of 1974, the U.S. Department of Agriculture (USDA or Department) proposes to modify and reissue the current system of records entitled "Department of Agriculture, Forest Service, Mineral Lessees and Permittees." This system allows the Forest Service Minerals and Geology program to support Forests and Grasslands to manage locatable minerals and mineral materials. This information helps the Agency meet its objectives to explore, develop, and produce mineral resources.
Full Text
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<title>Federal Register, Volume 86 Issue 126 (Tuesday, July 6, 2021)</title>
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[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Notices]
[Pages 35469-35472]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14276]
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DEPARTMENT OF AGRICULTURE
Forest Service
Privacy Act of 1974; System of Records
AGENCY: Forest Service, U.S. Department of Agriculture.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Agriculture (USDA or Department) proposes to modify and
reissue the current system of records entitled ``Department of
Agriculture, Forest Service, Mineral Lessees and Permittees.'' This
system allows the Forest Service Minerals and Geology program to
support Forests and Grasslands to manage locatable minerals and mineral
materials. This information helps the Agency meet its objectives to
explore, develop, and produce mineral resources.
DATES: Submit comments on or before August 5, 2021. This new system
will be effective August 5, 2021.
ADDRESSES: You may submit comments, identified by docket number FS-
2021-0003 by one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments;
<bullet> Email: Chad Hood for smaller notices, <a href="/cdn-cgi/l/email-protection#e5868d8481cb8d8a8a81a590968184cb828a93"><span class="__cf_email__" data-cfemail="fa99929b9ed49295959eba8f899e9bd49d958c">[email protected]</span></a>;
or
<bullet> Mail: Chad Hood, Geologist, Minerals and Geology
Management, 1249 South Vinnell Way, Suite 200, Boise, ID 83709.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
[[Page 35470]]
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues please contact: U.S. Department of Agriculture's Forest Service,
Minerals and Geology Management, Geologist, Chad Hood (208) 373-4190,
1249 South Vinnell Way, Suite 200, Boise, ID 83709; for privacy
questions, please contact: Sullie Coleman, Chief Privacy Officer, by
email at <a href="/cdn-cgi/l/email-protection#d6a5a3bababfb3f8b5b9bab3bbb7b896a3a5b2b7f8b1b9a0"><span class="__cf_email__" data-cfemail="097a7c6565606c276a66656c646867497c7a6d68276e667f">[email protected]</span></a> or by telephone at (202) 604-0467.
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5
U.S.C. 552a), requires agencies to publish in the Federal Register
notice of new or revised systems of records maintained by the Agency. A
system of records is a group of any records under the control of any
agency from which information is retrieved by the name of an individual
or by some identifying number, symbol, or other identifying particular
assigned to an individual.
The Forest Service proposes to modify a system of records, entitled
``USDA/Forest Service-16 Mineral Lessees and Permittees System of
Records,'' that will be used to maintain records of activities
conducted by the Agency pursuant to its mission and responsibilities.
The Forest Service is modifying the system name to Mineral
Operators and Activities and adding categories of individuals covered
by the system; categories of records in the system; updating the way
records are maintained; adding (#) routine uses and modifying (#)
routine uses; and adding system managers for an existing Privacy Act
system of records.
Title and Business Address of the Agency Official Responsible for
the System of Record: Chief Information Officer, U.S. Department of
Agriculture's Forest Service, 1400 Independence Avenue SW, Washington,
DC 20250.
SYSTEM NAME AND NUMBER:
USDA/Forest Service-16 Mineral Lessees and Permittees System of
Records.
Mineral Operators and Activities System, CSAM ID: 1075, External
ID: 643, UII Code: 005-96-01-11-01-2137-00.
SECURITY CLASSIFICATION:
Controlled Unclassified Information (CUI).
SYSTEM LOCATION:
All data is maintained in the National Resource Manager (NRM)
General Support System (GSS) located at the National Information
Technology Center (NITC) in Kansas City, Missouri. Paper records are
located at the Regional Forester, Forest Supervisor, and District
Ranger offices. The addresses for these locations are available on the
Forest Service website, at <a href="https://www.fs.usda.gov/organization">https://www.fs.usda.gov/organization</a>. The
addresses for the Regional Foresters and Forest Supervisors are also
listed in 36 CFR part 200, subpart A; and addresses for District
Rangers are in the telephone directory of the applicable locality under
the heading, United States Government, Department of Agriculture,
Forest Service.
SYSTEM MANAGER:
The Director, Minerals and Geology Management, Forest Service, U.S.
Department of Agriculture, 1400 Independence Avenue SW, Mailstop 1126,
Washington, DC 20250; Regional Minerals Directors are located in the
Regional Forester, Forest Supervisor; and District Ranger offices.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 4321 National Environmental Policy Act (NEPA);
Public Law 113-79 Agriculture Act 2014;
Public Law 94-588 National Forest Management Act of 1976;
36 CFR 228 subpart A, Locatable Minerals;
36 CFR 228 subpart C, Salable Minerals.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to maintain records
related to individuals or companies who have applied for or hold
mineral material contract's or permit's issued by the Forest Service
covering National Forest System lands; locatable mineral operators on
National Forest System lands; and lessees and assignees of any mineral
materials contract, permit, or locatable mineral operations. The Forest
Service uses these records to ensure mining projects are administered
and reclaimed in compliance with mining and environmental regulations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include members of the public who
have applied for or hold mineral material contracts or permits issued
by the Forest Service covering National Forest System lands; locatable
mineral operators on National Forest System lands; and lessees and
assignees of any mineral materials contract, permit, or locatable
mineral operations.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system includes documents that may contain the name, address,
or email address of members of the public who have applied for or hold
mineral permits, contracts, a plan of operations, or a notice of
intent. The information consists of inter- and intra-agency,
Secretarial, Presidential, and Congressional correspondence;
correspondence to/from individuals covered by the system of records;
notices of intent to operate; operating plans; evaluation of surface
disturbance and related mitigation; reclamation plans and bonds;
mineral evaluations; environmental reports; reports of mineral
examinations and pleadings; permits; sale contracts; and authorized
field contact for any minerals related activity.
RECORDS SOURCE CATEGORIES:
Information maintained in this system is provided by the members of
the public and Agency staff personnel. Forest Service forms FS-2800-5
(OMB No. 0596-0022) and FS-2800-9 (OMB No. 0596-0081) are used to
collect information.
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, records contained in a system may be
disclosed outside the Department as follows:
A. To the appropriate agency, whether Federal, State, local,
Tribal, foreign, or other public authority responsible for enforcing,
investigating, or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation, or order issued
pursuant thereto when a record on its face, or in conjunction with
other records, indicates a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, and whether arising
by general statute or particular program, statute, or by regulation,
rule, or order issued pursuant thereto, disclosure may be made if the
information disclosed is relevant to any enforcement, regulatory,
investigative, or prospective responsibility of the receiving entity.
B. To the Department of Justice, when the Agency--or any component
thereof, or any employee of the Agency in his or her official capacity,
or any employee of the Agency in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or the
United States, in litigation, where the Agency determines that
litigation is likely to affect the Agency or any of its components--is
a party to litigation or has an interest in such litigation, and the
use of such records by the Department of Justice is deemed by the
Agency to be relevant
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and necessary to the litigation; provided, however, that in each case,
the Agency determines that disclosure of the records to the Department
of Justice is a use of the information contained in the records that is
compatible with the purpose for which the records were collected.
C. To a Member of Congress or to a congressional staff member in
response to an inquiry of the congressional office made at the written
request of the constituent about whom the record is maintained.
D. To agency contractors, grantees, experts, consultants, or
volunteers who have been engaged by the agency to assist in the
performance of a service related to this system of records and who need
to have access to the records in order to perform the activity.
Recipients shall be required to comply with the requirements of the
Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
E. Disclosure may be made to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of that individual.
F. To the National Archives and Records Administration (NARA) or to
the General Services Administration for records management inspection
conducted under 44 U.S.C. 2904 and 2906.
G. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information, when
disclosure is necessary to preserve confidence in the integrity of
USDA, or when disclosure is necessary to demonstrate the accountability
of USDA's officers, employees, or individuals covered by the system,
except to the extent the Chief Privacy Officer determines that release
of the specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
All records are stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. The records may be
stored on digital media. Each USDA mission area, agency, and staff
office creates and maintains proper and adequate documentation of the
organization, functions, policies, decisions, procedures, and essential
transactions of the Department. This documentation protects the legal
and financial rights of the Government and of persons directly affected
by the Department's activities (44 U.S.C. 3101). U.S.C. Title 7,
Chapters 55--2204 state that the Secretary of Agriculture may conduct
any survey or other information collection and employ any sampling or
other statistical method that the Secretary determines is appropriate.
The Department is also authorized to obtain certain information
under Sec. 515 of the Treasury and General Government Appropriations
Act for Fiscal Year 2001 (44 U.S.C. 3516, Pub. L. 106-554) as well as
Title 5 Part I Chapter 3-301, and 5 U.S.C. 552 552a.
See also: 5 U.S.C. Chapter 552; 44 U.S.C. Chapters 21, 29, 31, and
33 (Records Management); 18 U.S.C. 2071; 44 U.S.C. 3101 et seq.; 44
U.S.C. 3506; Title 7 CFR 2.37; 36 CFR Chapter 12, Subpart B; 36 CFR
part 1234, eGovernment Act of 2002 (Pub. L. 107-347, 44 U.S.C. Ch. 36);
OMB Circular A-130; NARA General Records Schedules, and Forest Service
Mission-specific records retention schedules approved by NARA for NARA
Records Group 95.
POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
Records are maintained in accordance with Forest Service records
management policy and NARA's General Records Schedule and/or NARA-
approved records schedules for NARA Records Group 95. Records are
maintained in categories organized by subject matter under the
following file codes:
<bullet> 2800--MINERALS AND GEOLOGY
<bullet> 2810--``MINING CLAIMS''
<bullet> 2840--``RECLAMATION''
<bullet> 2850--``MINERAL MATERIALS''
<bullet> 2860--``FOREST SERVICE AUTHORIZED PROSPECTING AND MINERAL
COLLECTING''
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records covered by this Privacy Act System of Records Notices
(SORN) are managed according to records retention schedules approved by
NARA. Records schedules used to retain and manage records are found in
Chapter 40 of Forest Service Handbook 6209.11--Records Management
Handbook. This Handbook is available on the Forest Service website at
<a href="https://www.fs.usda.gov/about-agency/regulations-policies">https://www.fs.usda.gov/about-agency/regulations-policies</a>. All
unscheduled records--meaning records without a NARA-approved records
retention schedule--are retained until a records retention schedule is
approved by NARA. Once a schedule is approved, all existing records
will be processed according to the requirements set forth in that
schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
When applicable, paper records are kept in a locked or secured
office or office building, and/or retained in a Forest Service secured
computer system and can only be accessed by authorized Forest Service
employees. Department/Forest Service safeguards electronic records in
this system according to applicable rules and policies, including all
applicable automated systems' security and access policies. The Forest
Service has imposed strict controls to minimize the risk of
compromising stored information. System access, including access to
records stored in an Agency approved repository (such as Pinyon or its
successor), is limited to individuals with appropriate clearances or
permissions who need to know the information for performance of
official duties.
The NRM applications, which houses the information in this system,
have Oracle roles defined in the database. These roles define what
level of access a user assigned that Oracle role may have. The User
Management Application (UMA) is used to assign these roles, as well as
to determining what subsets of the data--referred to as organizational
units--a user may have access. UMA has an automated process to request
and approve access to applications on the NRM General Support System. A
user requests specific roles and organizational codes that allow access
to specific subsets of data. The request is automatically forwarded to
the requester's UMA Manager who approves or denies the request. The UMA
manager is responsible for determining what level of access a given
user requires to fulfill job responsibilities.
RECORD ACCESS PROCEDURES:
Individuals seeking access to records contained in this system of
records, or seeking to contest content, may submit a request in writing
to the Forest Service FOIA/Privacy Act Officer (contact information at
<a href="https://www.dm.usda.gov/foia/poc.htm">https://www.dm.usda.gov/foia/poc.htm</a>). If an individual believes more
than one Department component maintains Privacy Act records concerning
him or her, the individual may submit the request to the Departmental
Freedom of Information Act Officer, 1400 Independence Avenue SW, South
Building Room 4104, Washington, DC 20250-0706, email:
<a href="/cdn-cgi/l/email-protection#e3b6b0a7a2a5acaaa2a38c808a8ccd96908782cd848c95"><span class="__cf_email__" data-cfemail="81d4d2c5c0c7cec8c0c1eee2e8eeaff4f2e5e0afe6eef7">[email protected]</span></a>.
[[Page 35472]]
The request should include a daytime phone number and email.
Provide as much information as possible about the subject matter of the
records you are requesting. This will help facilitate the search
process.
If you are making a request for records about yourself, you may
receive greater access by providing either a notarized statement or a
statement signed under penalty of perjury stating that you are the
person who you say you are.
Provide your full name, date, and either: (1) Have your signature
witnessed by a notary; or (2) include the following statement
immediately above the signature on your request letter: ``I declare
under penalty of perjury that the foregoing is true and correct.
Executed on [date].'' Requests that do not contain the required
declaration will be processed under FOIA, and, if records are found,
you may not receive as much information, including information about
you. If additional information is required to fulfill a Privacy Act
request, you will be notified.
If you want records about yourself to be released to a third party
(such as a law firm or other organization requesting records on your
behalf), the third party may receive greater access if they have
permission from you.
You will need a signed and dated statement that the Forest Service
may release records pertaining to you. Include your name; date of
birth; name of the person or organization to whom you want your records
disclosed (where applicable); their contact information; list of
records that may be released (all, emails, medical records, etc.). The
person about whom the records will be released should include a
statement indicating that they understand that knowingly or willingly
seeking or obtaining access to records about another person under false
pretenses and or without their consent is punishable by a fine of up to
$5,000.
Requests must be for access to existing records. The Forest Service
FOIA Office will not create records for the purpose of responding to a
FOIA or Privacy Act request.
FOIA excludes Federal agencies from its definition of persons
permitted to make FOIA requests [see 5 U.S.C. 552(a)(3)(A) and 5 U.S.C.
551(2)]. To avoid confusion as to whether Federal employees are
requesting information in their personal or official capacities,
requests from Federal employees should be submitted using personal
resources.
CONTESTING RECORDS PROCEDURES:
Any individual may contest information contained within a record in
the system that pertains to him/her by submitting a written request to
the system manager at the address above. Include the reason for
contesting the record and the proposed amendment to the information
with supporting documentation to show how the record is inaccurate.
NOTIFICATION PROCEDURES:
Information to individuals is provided via:
<bullet> NRM Privacy Impact Analysis on the Department Privacy
Impact Analysis website, <a href="https://www.usda.gov/home/privacy-policy/privacy-impact-assessments">https://www.usda.gov/home/privacy-policy/privacy-impact-assessments</a>.
<bullet> The Federal Register for System of Records Notices and
legal authorities.
<bullet> Forest Service-specific System of Records Notices are also
published on the Forest Service website, <a href="https://www.fs.fed.us/im/foia/pasystems.htm">https://www.fs.fed.us/im/foia/pasystems.htm</a>.
<bullet> Forms associated with Privacy Act systems are approved
through the Office of Management and Budget under the Paperwork
Reduction Act (also cited in the Federal Register); the forms cite the
Privacy Act.
Any individual may request general information regarding this
system of records or information as to whether the system contains
records pertaining to him/her. All inquiries pertaining to this system
should be in writing, must name the system of records as set forth in
the system notice, and must contain the individual's name, telephone
number, address, and email address (see specific instructions above).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
The Forest Service proposes to modify a system of records entitled
``USDA/Forest Service-16 Mineral Lessees and Permittees System of
Records'' that will be used to maintain records of activities conducted
by the Agency pursuant to its mission and responsibilities.
Dated: June 29, 2021.
Victoria Christiansen,
Chief, USDA Forest Service.
[FR Doc. 2021-14276 Filed 7-2-21; 8:45 am]
BILLING CODE 3411-15-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.