Privacy Act of 1974; Systems of Records, 51332-51334 [05-17305]
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Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices
construction, road use, and pipeline
stream crossings.
The proposal and detailed proposed
action is being developed with
environmental concerns in mind.
Detailed project design criteria and
mitigation measures to reduce
environmental impacts will be
developed and adopted as part of the
proposed action and will be listed in the
DEIS.
Possible Alternatives
No other alternatives are currently
proposed. Several ‘‘route options’’ were
considered in the development of the
current proposed pipeline route by SGI;
however, those options were not
incorporated into the proposed route
due to constructability and engineering
issues and/or due to private landowner
refusal to allow access. One or more
alternatives to the proposed action may
be analyzed for the DEIS, based on
issues determined through public
scoping.
Lead and Cooperating Agencies
The Forest Service is the lead agency
for the NRPA analysis. The BLM will
participate as a cooperating agency. The
BLM has the authority to authorize a
right-of-way for natural gas pipelines
under the Mineral Leasing Act, with
Forest Service concurrence, when
portions of the pipeline are on NFS
lands. However, the White River
National Forest has prepared a
Memorandum of Understanding (MOU)
taking on the lead role for the NEPA
analysis for the Bull Mountain pipeline
project, with the Grand Mesa,
Uncompahgre, Gunnison National
Forests and the BLM as cooperating
agencies.
Responsible Officials
The Responsible Official for making a
decision on this proposal for approving
a pipeline right-of-way is Jamie Connell,
Field Office Manager, Glenwood
Springs Field Office of the BLM. The
Responsible Official for making a
decision on the proposed amendment to
the Grand Mesa, Uncompahgre and
Gunnison National Forests Land and
Resource Management Plan is Charles
Richmond, Forest Supervisor, Grand
Mesa, Uncompahgre and Gunnison
National Forests. The Responsible
Official for making a decision on the
proposed amendment to the White River
National Forest Land and Resource
Management Plan is Maribeth
Gustafson, Forest Supervisor, White
River National Forest. The lead Line
Officer for this NEPA analysis is the
District Ranger on the Rifle Ranger
District, White River National Forest.
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Nature of Decisions To Be Made
The decisions to be made are (1) to
authorize the right-of-way as proposed
by SGI or an alternative; and (2) whether
or not to approve Forest Plan
amendments for the White River
National Forest and the Grand Mesa,
Uncompahgre and Gunnison National
Forests to change the management area
direction for the pipeline right-of-way to
a management prescription of a utility
corridor. The decision to construct the
pipeline construction and permit a
right-of-way is not contingent upon
Forest Plan amendments to designate
the pipeline route as a utility corridor
by either the White River National
Forest or the Grand Mesa, Uncompahgre
and Gunnison National Forests.
Permits or Licenses Required
Additional permits or licenses, which
may be required in addition to Forest
Service authorizations, include a
Stormwater Management Plan and a
Department of the Army, Corps of
Engineers Clean Water Act Section 404
permit. A complete list of local and
federal permits required is available
upon request. An operation and
monitoring plan will be required from
the proponent, which will be approved
by the Forest Service and the BLM.
Some mitigation measures may be
added to the decision for public safety
during construction operations.
Early Notice of Importance of Public
Participation
The comment period on the draft
environmental impact statement will
not be less than 45 days from the date
the Environmental Protection Agency
publishes the notice of availability in
the Federal Register.
The Forest Service believes, at this
early stage, it is important to give
reviewers notice of several court rulings
related to public participation in the
environmental review process. First,
reviewers of draft environmental impact
statements must structure their
participation in the environmental
review of the proposal so that is
meaningful and alerts an agency to the
reviewer’s position and contentions.
Vermont Yankee Nuclear Power Corp. v.
NRDC, 435 U.S. 519, 553 (1978). Also,
environmental objections that could be
raised at the draft environmental impact
statement stage but that are not raised
until after completion of the final
environmental impact statement may be
waived or dismissed by the courts. City
of Angoon v. Hodel, 803 F.2d 1016,
1022 (9th Cir. 1986) and Wisconsin
Heritages, Inc. v. Harris, 490 F. Supp.
1334, 1338 (E.D. Wis. 1980). Because of
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these court rulings, it is very important
that those interested in this proposed
action participate by the close of the
comment period so that substantive
comments and objections are made
available to the Forest Service at a time
when it can meaningfully consider them
and respond to them in the final
environmental impact statement.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
comments on the draft environmental
impact statement should be as specific
as possible. It is also helpful if
comments refer to specific pages or
chapters of the draft statement.
Comments may also address the
adequacy of the draft environmental
impact statement or the merits of the
alternatives formulated and discussed in
the statement. Reviewers may wish to
refer to the Council on Environmental
Quality Regulations for implementing
the procedural provisions of the
National Environmental Policy Act at 40
CFR 1503.3 in addressing these points.
Comments received, including the
names and addresses of those who
comment, will be considered part of the
public record and will be available for
public inspection.
(Authority: 40 CFR 1501.7 and 1508.22;
Forest Service Handbook 1909.15, Section
21)
Dated: August 24, 2005.
Don Carroll,
Acting Forest Supervisor, White River
National Forest.
[FR Doc. 05–17179 Filed 8–29–05; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
Privacy Act of 1974; Systems of
Records
Natural Resources
Conservation Service (NRCS), USDA.
ACTION: NRCS is revising the System of
Records from 1994.
AGENCY:
SUMMARY: Publication of the NRCS
revision to the System of Records to
reflect an Agency reorganization
changing the name of the Soil
Conservation Service to the Natural
Resources Conservation Service, to
change the system name to reflect
categories of files contained in the
system, to add a routine use to allow
records to be accessed by technical
service providers and contractors, and
to update authorities, agency contact
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Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices
information, system accessibility, file
maintenance, storage, and retrieval.
EFFECTIVE DATES: August 30, 2005.
FOR FURTHER INFORMATION, CONTACT:
Edward M. Biggers, Jr., Director,
Management Services Division, 1400
Independence Avenue SW., Room
6136–S, Washington, DC 20250.
SUPPLEMENTARY INFORMATION: Section
2701 of the 2002 Farm Bill amended
Section 1242 of the Food Security Act
to require the Secretary of Agriculture to
provide technical assistance for
conservation programs authorized under
Title XII of the Food Security Act to an
agricultural producer eligible for that
assistance ‘‘directly * * * or at the
option of the producer, through a
payment * * * to the producer for an
approved third party, if available.’’ The
Secretary of Agriculture delegated
authority to implement Section 1242 to
NRCS.
Amended Section 1242 of the Food
Security Act greatly expands the
availability of technical assistance to
landowners, operators, producers,
cooperators, or participants by allowing
non-USDA providers of technical
assistance to assist in the delivery of
technical services. In order to provide
technical assistance for Title XII
programs, third party providers of
technical services must be able to access
landowner, operator, producer,
cooperator, or participant information.
This Notice of Revision to Privacy Act
System of Record, by adding a new
routine use (7) to the NRCS System of
Records (see attachment), allows
disclosure to contractors and technical
service providers for the purpose of
providing technical services to a
landowner, operator, producer,
cooperator, or participant.
Summary of Changes
As published, the current system of
records contains information that is in
need of updating.
System Name: The name of the
system is changed from ‘‘Program
Cooperators—Soil Conservation Service,
USDA/SCS’’ to ‘‘Landowner, Operator,
Producer, Cooperator, or Participant
Files—Natural Resources Conservation
Service, USDA/NRCS.’’
System Location: System location is
changed by updating the name of the
system and adding an Internet address
and data center information.
Categories of Individuals Covered by
the System: Categories of individuals
covered by the System is changed by
adding categories of individuals covered
by the system.
Categories of Records in the System:
Categories of Records in the System is
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Jkt 205001
changed by adding categories of records
covered by the system.
Authority for Maintenance of the
System: Authority for maintenance of
the system is changed from ‘‘16 U.S.C.
590 a–f, q, q–1 and 42 U.S.C. 3271–
3274’’ to ‘‘16 U.S.C. 590 a–f, q, q–1 and
other applicable authorities.’’
Routine Uses of Records Maintained
in the System, Including Categories of
Users and the Purposes of Such Uses:
This section was changed by adding a
new Routing Use, #7, which states,
‘‘[d]isclosure may be made to
contractors or to technical service
providers as necessary to provide
technical services to NRCS landowners,
operators, producers, cooperators, and
participants and such disclosure shall
be made subject to the purposes for
which the contractor or technical
service provider is hired.’’
Storage: Storage is changed by
updating the methods by which records
are stored.
Retrievability: Retrievability is
changed by updating the methods by
which records are retrieved.
Safeguards: Safeguards is changed by
updating the name of the Agency and
how files are maintained, and by adding
system access and authorization.
Retention and Disposal: Retention
and disposal is changed by updating the
categories of individuals covered by the
system.
System Manager(s) and Address:
System manager(s) and address is
changed by adding an Internet address
and updating the Agency name.
Notification Procedure: Notification
procedure is changed by updating how
individuals may request information
regarding the system.
Record Access Procedures: Record
access procedures are changed by
updating how individuals may obtain
procedures for gaining access to a record
in the system.
Contesting Record Procedures:
Contesting record procedures are
changed by updating how individuals
may obtain procedures for contesting a
record in the system.
Record Source Categories: Record
source categories are changed by
updating the categories of individuals
covered by the system and the Agency
name.
Signed in Washington, DC on August 24,
2005.
Mike Johanns,
Secretary.
Department of Agriculture/Natural
Resources Conservation Service—1
SYSTEM NAME:
Landowner, Operator, Producer,
Cooperator, or Participant Files—
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Sfmt 4703
51333
Natural Resources Conservation Service,
USDA
SYSTEM LOCATION:
Program landowner, operator,
producer, cooperator, or participant files
are maintained in all NRCS county field
delivery locations, mostly USDA Field
Service Centers in the county seat.
Addresses of each field office are listed
in the local telephone directories of the
field office locations under the heading,
‘‘United States Government, Department
of Agriculture, Natural Resources
Conservation Service.’’ Addresses may
also be obtained at https://
www.nrcs.usda.gov. Program
landowner, operator, producer,
cooperator, or participant files are also
maintained in USDA data centers at Fort
Collins, Colorado; Kansas City,
Missouri, St. Louis, Missouri, and other
authorized secure data centers.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Landowners, operators, producers,
cooperators, or participants with NRCS
programs.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of electronic
databases and file folders containing
information on an individual’s
conservation plans, cost-share
agreements, conservation practice
designs, hardcopy and electronic
resource and planning maps, resource
inventory data, assistance notes,
personal and economic data, and other
material necessary to provide assistance
to the landowner, operator, producer,
cooperator, or participant in conserving
natural resources on their land they
manage.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
16 U.S.C. 590 a–f, q, q–1 and other
applicable authorities.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
(1) Records may be disclosed to
cooperating Federal, State, and local
agencies, as necessary for
implementation of conservation
programs.
(2) 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.
(3) Disclosure to Federal, State, and
local agencies, when necessary to certify
that a conservation plan is in effect for
land users to qualify for other USDA
program benefits.
(4) Referral to the Department of
Justice with (a) the Agency, or any
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Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices
component thereof; or (b) any employee
of the Agency in his/her official
capacity; or (c) any employee of the
Agency in his/her individual capacity
where the Department of Justice has
agreed to represent the employee; or (d)
the United States, where the Agency
determines that litigation is likely to
affect the Agency or any of its
components, is a part 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 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.
(5) Disclosure in a proceeding before
a court or adjudicative body before
which the Agency is authorized to
appear, when (a) the Agency, or any
component thereof; or (b) any employee
of the Agency in his/her official
capacity; or (c) any employee of the
Agency in his/her individual capacity
where the Agency has agreed to
represent the employee; or (d) the
United States, where the Agency
determines that litigation is likely to
affect the Agency or any of its
components, is a part to litigation or has
an interest in such litigation, and the
Agency determines that use of such
records if relevant and necessary to the
litigation, provided, however, that in
each case, the Agency determines that
disclosure of the records to the court is
a use of the information contained in
the records that is compatible with the
purpose for which the records were
collected.
(6) Referral to the appropriate agency,
whether Federal, State, local, or foreign,
charged with the responsibility of
investigating or prosecuting a violation
of law, or of enforcing or implementing
the statute, rule, regulation, or order
issued pursuant thereto, of any record
within this system when information
available 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 rule,
regulation, or order issued pursuant
thereto.
(7) Disclosure may be made to
contractors or to technical service
providers as necessary to provide NRCS
technical services to landowners,
operators, producers, cooperators, and
participants and such disclosure shall
be made subject to the purposes for
which the contractor or technical
service provider is hired.
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Jkt 205001
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in an
electronic retrieval system and in file
folders in county field delivery offices.
RETRIEVABILITY:
Records are retrieved by name of
landowner, operator, producer,
cooperator, or participant, or location on
a map, unit identification number,
location code, farm type, soil resources
survey area, soil resources conservation
district code, resource management
systems and practices, and program
contract information.
SAFEGUARDS:
System access is restricted to
authorized Natural Resources
Conservation Service employees and
conservation district employees and
technical service providers working to
assist with the implementation of
natural resources programs. NRCS field
employees are authorized to access
system records of landowners,
operators, producers, cooperator, or
participants in their service area or
outside of their service area if the
landowner, operator, producer,
cooperator, or participant has
authorized access. Conservation district
employees are authorized to access
system records of their district
landowners, operators, producers,
cooperators, or participants only in their
official capacity as district employees.
The electronic data retrieval system is
secured by the USDA Common
Computing Environment user
authentication process and USDA
eAuthentication login and password
protection. Hardcopy files are
maintained in file cabinets, which
should be locked when not in use.
Offices are locked during non-business
hours.
RETENTION AND DISPOSAL:
Records are maintained as long as the
landowner, operator, producer,
cooperator, or participant qualifies for
conservation programs.
SYSTEM MANAGER(S) AND ADDRESS:
District conservationists or their
designees are in charge of delivering
services in county offices. Addresses of
each field office are listed in the
telephone directories of the field office
locations under ‘‘United States
Government, Department of Agriculture,
Natural Resources Conservation
Service.’’ Addresses may also be
obtained at https://www.nrcs.usda.gov.
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Frm 00007
Fmt 4703
Sfmt 4703
NOTIFICATION PROCEDURE:
Any individual may request
information regarding this system of
records, or information as to whether
the system contains records pertaining
to him/her by contacting the respective
district conservationist or other
designee. If the specific location of the
record is not known, the individual
should address his/her request to the
Director, Management Services
Division, USDA-Natural Resources
Conservation Service, P. O. Box 2890,
Washington, DC 20013, who will refer it
to the appropriate field office. A request
for information pertaining to an
individual should contain: Name,
address, and other relevant information
(e.g., name or nature of program, name
of cooperating body, etc.).
RECORD ACCESS PROCEDURES:
Any individual may obtain
information as to the procedures for
gaining access to a record in the system
which pertains to him/her by submitting
a written request to the district
conservationist or his/her designated
representative or to the Director,
Management Services Division, USDANatural Resources Conservation Service,
P.O. Box 2890, Washington, DC 20013.
CONTESTING RECORD PROCEDURES:
Any individual may obtain
information as to the procedures for
contesting a record in the system which
pertains to him/her by submitting a
written request to the district
conservationist or his/her designated
representative or to the Director,
Management Services Division, USDANatural Resources Conservation Service,
P.O. Box 2890, Washington, DC 20013.
RECORD SOURCE CATEGORIES:
Information in this system comes
from landowners, operators, producers,
cooperators, or participants and NRCS
field conservationists who provide
technical and program assistance to
them.
[FR Doc. 05–17305 Filed 8–29–05; 8:45 am]
BILLING CODE 3410–16–U
CIVIL RIGHTS COMMISSION
Agenda and Notice of Public Meeting
of the Florida Advisory Committee
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights, that a conference call of the
Florida Advisory Committee will
convene at 2 p.m. (EST) and adjourn at
3 p.m. (EST) on Thursday, September 8,
2005. The purpose of the meeting is to
E:\FR\FM\30AUN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Pages 51332-51334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17305]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
Privacy Act of 1974; Systems of Records
AGENCY: Natural Resources Conservation Service (NRCS), USDA.
ACTION: NRCS is revising the System of Records from 1994.
-----------------------------------------------------------------------
SUMMARY: Publication of the NRCS revision to the System of Records to
reflect an Agency reorganization changing the name of the Soil
Conservation Service to the Natural Resources Conservation Service, to
change the system name to reflect categories of files contained in the
system, to add a routine use to allow records to be accessed by
technical service providers and contractors, and to update authorities,
agency contact
[[Page 51333]]
information, system accessibility, file maintenance, storage, and
retrieval.
EFFECTIVE DATES: August 30, 2005.
FOR FURTHER INFORMATION, CONTACT: Edward M. Biggers, Jr., Director,
Management Services Division, 1400 Independence Avenue SW., Room 6136-
S, Washington, DC 20250.
SUPPLEMENTARY INFORMATION: Section 2701 of the 2002 Farm Bill amended
Section 1242 of the Food Security Act to require the Secretary of
Agriculture to provide technical assistance for conservation programs
authorized under Title XII of the Food Security Act to an agricultural
producer eligible for that assistance ``directly * * * or at the option
of the producer, through a payment * * * to the producer for an
approved third party, if available.'' The Secretary of Agriculture
delegated authority to implement Section 1242 to NRCS.
Amended Section 1242 of the Food Security Act greatly expands the
availability of technical assistance to landowners, operators,
producers, cooperators, or participants by allowing non-USDA providers
of technical assistance to assist in the delivery of technical
services. In order to provide technical assistance for Title XII
programs, third party providers of technical services must be able to
access landowner, operator, producer, cooperator, or participant
information.
This Notice of Revision to Privacy Act System of Record, by adding
a new routine use (7) to the NRCS System of Records (see attachment),
allows disclosure to contractors and technical service providers for
the purpose of providing technical services to a landowner, operator,
producer, cooperator, or participant.
Summary of Changes
As published, the current system of records contains information
that is in need of updating.
System Name: The name of the system is changed from ``Program
Cooperators--Soil Conservation Service, USDA/SCS'' to ``Landowner,
Operator, Producer, Cooperator, or Participant Files--Natural Resources
Conservation Service, USDA/NRCS.''
System Location: System location is changed by updating the name of
the system and adding an Internet address and data center information.
Categories of Individuals Covered by the System: Categories of
individuals covered by the System is changed by adding categories of
individuals covered by the system.
Categories of Records in the System: Categories of Records in the
System is changed by adding categories of records covered by the
system.
Authority for Maintenance of the System: Authority for maintenance
of the system is changed from ``16 U.S.C. 590 a-f, q, q-1 and 42 U.S.C.
3271-3274'' to ``16 U.S.C. 590 a-f, q, q-1 and other applicable
authorities.''
Routine Uses of Records Maintained in the System, Including
Categories of Users and the Purposes of Such Uses: This section was
changed by adding a new Routing Use, 7, which states,
``[d]isclosure may be made to contractors or to technical service
providers as necessary to provide technical services to NRCS
landowners, operators, producers, cooperators, and participants and
such disclosure shall be made subject to the purposes for which the
contractor or technical service provider is hired.''
Storage: Storage is changed by updating the methods by which
records are stored.
Retrievability: Retrievability is changed by updating the methods
by which records are retrieved.
Safeguards: Safeguards is changed by updating the name of the
Agency and how files are maintained, and by adding system access and
authorization.
Retention and Disposal: Retention and disposal is changed by
updating the categories of individuals covered by the system.
System Manager(s) and Address: System manager(s) and address is
changed by adding an Internet address and updating the Agency name.
Notification Procedure: Notification procedure is changed by
updating how individuals may request information regarding the system.
Record Access Procedures: Record access procedures are changed by
updating how individuals may obtain procedures for gaining access to a
record in the system.
Contesting Record Procedures: Contesting record procedures are
changed by updating how individuals may obtain procedures for
contesting a record in the system.
Record Source Categories: Record source categories are changed by
updating the categories of individuals covered by the system and the
Agency name.
Signed in Washington, DC on August 24, 2005.
Mike Johanns,
Secretary.
Department of Agriculture/Natural Resources Conservation Service--1
System Name:
Landowner, Operator, Producer, Cooperator, or Participant Files--
Natural Resources Conservation Service, USDA
System Location:
Program landowner, operator, producer, cooperator, or participant
files are maintained in all NRCS county field delivery locations,
mostly USDA Field Service Centers in the county seat. Addresses of each
field office are listed in the local telephone directories of the field
office locations under the heading, ``United States Government,
Department of Agriculture, Natural Resources Conservation Service.''
Addresses may also be obtained at https://www.nrcs.usda.gov. Program
landowner, operator, producer, cooperator, or participant files are
also maintained in USDA data centers at Fort Collins, Colorado; Kansas
City, Missouri, St. Louis, Missouri, and other authorized secure data
centers.
Categories of Individuals Covered by the System:
Landowners, operators, producers, cooperators, or participants with
NRCS programs.
Categories of Records in the System:
The system consists of electronic databases and file folders
containing information on an individual's conservation plans, cost-
share agreements, conservation practice designs, hardcopy and
electronic resource and planning maps, resource inventory data,
assistance notes, personal and economic data, and other material
necessary to provide assistance to the landowner, operator, producer,
cooperator, or participant in conserving natural resources on their
land they manage.
Authority for Maintenance of the System:
16 U.S.C. 590 a-f, q, q-1 and other applicable authorities.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
(1) Records may be disclosed to cooperating Federal, State, and
local agencies, as necessary for implementation of conservation
programs.
(2) 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.
(3) Disclosure to Federal, State, and local agencies, when
necessary to certify that a conservation plan is in effect for land
users to qualify for other USDA program benefits.
(4) Referral to the Department of Justice with (a) the Agency, or
any
[[Page 51334]]
component thereof; or (b) any employee of the Agency in his/her
official capacity; or (c) any employee of the Agency in his/her
individual capacity where the Department of Justice has agreed to
represent the employee; or (d) the United States, where the Agency
determines that litigation is likely to affect the Agency or any of its
components, is a part 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 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.
(5) Disclosure in a proceeding before a court or adjudicative body
before which the Agency is authorized to appear, when (a) the Agency,
or any component thereof; or (b) any employee of the Agency in his/her
official capacity; or (c) any employee of the Agency in his/her
individual capacity where the Agency has agreed to represent the
employee; or (d) the United States, where the Agency determines that
litigation is likely to affect the Agency or any of its components, is
a part to litigation or has an interest in such litigation, and the
Agency determines that use of such records if relevant and necessary to
the litigation, provided, however, that in each case, the Agency
determines that disclosure of the records to the court is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected.
(6) Referral to the appropriate agency, whether Federal, State,
local, or foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or of enforcing or implementing the
statute, rule, regulation, or order issued pursuant thereto, of any
record within this system when information available 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 rule, regulation, or order issued
pursuant thereto.
(7) Disclosure may be made to contractors or to technical service
providers as necessary to provide NRCS technical services to
landowners, operators, producers, cooperators, and participants and
such disclosure shall be made subject to the purposes for which the
contractor or technical service provider is hired.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are maintained in an electronic retrieval system and in
file folders in county field delivery offices.
Retrievability:
Records are retrieved by name of landowner, operator, producer,
cooperator, or participant, or location on a map, unit identification
number, location code, farm type, soil resources survey area, soil
resources conservation district code, resource management systems and
practices, and program contract information.
Safeguards:
System access is restricted to authorized Natural Resources
Conservation Service employees and conservation district employees and
technical service providers working to assist with the implementation
of natural resources programs. NRCS field employees are authorized to
access system records of landowners, operators, producers, cooperator,
or participants in their service area or outside of their service area
if the landowner, operator, producer, cooperator, or participant has
authorized access. Conservation district employees are authorized to
access system records of their district landowners, operators,
producers, cooperators, or participants only in their official capacity
as district employees.
The electronic data retrieval system is secured by the USDA Common
Computing Environment user authentication process and USDA
eAuthentication login and password protection. Hardcopy files are
maintained in file cabinets, which should be locked when not in use.
Offices are locked during non-business hours.
Retention and Disposal:
Records are maintained as long as the landowner, operator,
producer, cooperator, or participant qualifies for conservation
programs.
System Manager(s) and Address:
District conservationists or their designees are in charge of
delivering services in county offices. Addresses of each field office
are listed in the telephone directories of the field office locations
under ``United States Government, Department of Agriculture, Natural
Resources Conservation Service.'' Addresses may also be obtained at
https://www.nrcs.usda.gov.
Notification Procedure:
Any individual may request information regarding this system of
records, or information as to whether the system contains records
pertaining to him/her by contacting the respective district
conservationist or other designee. If the specific location of the
record is not known, the individual should address his/her request to
the Director, Management Services Division, USDA-Natural Resources
Conservation Service, P. O. Box 2890, Washington, DC 20013, who will
refer it to the appropriate field office. A request for information
pertaining to an individual should contain: Name, address, and other
relevant information (e.g., name or nature of program, name of
cooperating body, etc.).
Record Access Procedures:
Any individual may obtain information as to the procedures for
gaining access to a record in the system which pertains to him/her by
submitting a written request to the district conservationist or his/her
designated representative or to the Director, Management Services
Division, USDA-Natural Resources Conservation Service, P.O. Box 2890,
Washington, DC 20013.
Contesting Record Procedures:
Any individual may obtain information as to the procedures for
contesting a record in the system which pertains to him/her by
submitting a written request to the district conservationist or his/her
designated representative or to the Director, Management Services
Division, USDA-Natural Resources Conservation Service, P.O. Box 2890,
Washington, DC 20013.
Record Source Categories:
Information in this system comes from landowners, operators,
producers, cooperators, or participants and NRCS field conservationists
who provide technical and program assistance to them.
[FR Doc. 05-17305 Filed 8-29-05; 8:45 am]
BILLING CODE 3410-16-U
