Notice To Amend an Existing System of Records; Privacy Act of 1974; as Amended, 82061-82064 [2010-32878]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82061-82064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32878]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management


Notice To Amend an Existing System of Records; Privacy Act of 
1974; as Amended

AGENCY: Bureau of Land Management, 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 (DOI) is issuing public notice 
of its intent to amend the Bureau of Land Management's (BLM) Range 
Management System--Interior, LLM-2 notice. The amendment includes 
changes to ``System location,'' ``Disclosures outside the Department of 
the Interior,'' ``Storage,'' ``Retrievability,''

[[Page 82062]]

``Safeguards,'' ``Retention and Disposal,'' ``System Manager(s) and 
Address,'' ``Notification Procedures,'' ``Record Access Procedures,'' 
and ``Contesting Record Procedures.'' The category ``Security 
Classification'' has been added. The amended system of records is 
captioned ``Interior-LLM-2'' and is titled ``Range Management System.''

DATES: Comments must be received by February 7, 2011.

ADDRESSES: Any person interested in commenting on this amendment may do 
so by submitting comments in writing to the BLM Privacy Office, 1849 C 
Street, NW., 725 LS, Washington, DC 20240; hand delivering comments to 
the BLM Privacy Office, 1620 L Street, Suite 700, Washington, DC 20036; 
or e-mailing comments to privacy@blm.gov. Before including your 
address, telephone number, e-mail 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.

FOR FURTHER INFORMATION CONTACT: Robert Roudabush, Division Chief, 
Rangeland Resources, Bureau of Land Management, 1849 C Street, NW., 
Room 201 LS, Washington, DC 20240, phone number 202-912-7222, or e-mail 
Rob_Roudabush@blm.gov.

SUPPLEMENTARY INFORMATION: The BLM maintains the Range Management 
system of records. The purpose of this system is to (1) maintain an 
orderly record of grazing permittee information, allotment information, 
historical allotment or grazing permittee information used to manage 
authorized grazing and grazing related activity on public land; (2) 
maintain support documentation to manage authorizations; (3) maintain 
billing and collections information; (4) maintain grazing decisions; 
(5) maintain correspondence related to grazing authorizations and 
allotments; (6) document unauthorized use; (7) enable the BLM to 
effectively administer livestock grazing and associated activities on 
public lands; and (8) provide information to state, local and tribal 
governments, and other Federal agencies, businesses, organizations, and 
individuals to assist in transparency and promote the orderly 
administration of livestock grazing on public lands.
    For the purposes of this document a grazing permitee is an 
individual or business authorized to graze livestock on public land, an 
applicant for an authorization to graze livestock on public land, or a 
base property owner.
    These amendments are in accordance with the recent decision in 
Western Watersheds Project v. Bureau of Land Management, Case No. CV 
09-482-CWD, Memorandum Decision and Order (D. Idaho Sept. 13, 2010). In 
this case, the Court found that any privacy interest grazing permittees 
have in their names and addresses are minimal and the public interest 
in disclosing the names and addresses of permittees is substantial. 
Therefore, the Court held that the disclosure of the names and 
addresses of permittees would not constitute a clearly unwarranted 
invasion of personal privacy, and that the Department's reliance on 
Exemption 6, under the Freedom of Information Act for withholding this 
information, was not justified.
    The amendments to the Range Management system of records 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. The DOI will publish a revised notice if 
changes are made based upon a review of the comments received.

Annette Cathcart,
Acting BLM Privacy Act Officer.
INTERIOR/LLM-2

SYSTEM NAME:
    Range Management System--Interior, LLM-2.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Grazing case files in paper medium are maintained and can be 
accessed at the local field office where the grazing authorization is 
issued and managed. A grazing authorization consists of a permit, 
lease, or exchange of use agreement. Paper records can be viewed at the 
local field office, but are not consolidated by the Bureau of Land 
Management (BLM) and must be viewed at individual field offices. The 
Range Management system database called the Rangeland Administration 
System (RAS) is maintained and can be accessed at the U.S. Department 
of the Interior, Bureau of Land Management, National Operation Center, 
Denver Federal Center, Building 50, Denver, Colorado 80225. The records 
in RAS can also be accessed from the BLM Headquarters Office in 
Washington, DC and from all BLM state and field offices, and in all of 
the BLM public rooms.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
     Records are maintained on individuals and businesses that are 
authorized to graze livestock on lands administered by the BLM, 
applicants for grazing authorizations, base property owners, and lien 
holders that have notified BLM. Only records reflecting personal 
information of individuals (i.e. citizens of the United States or 
aliens lawfully admitted for permanent residence) are subject to the 
Privacy Act. This system contains records which are not subject to the 
Privacy Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The paper records may contain the grazing permittee's name, 
address, telephone number; BLM assigned case file number and operator 
number; grazing allotment description; grazing applications; grazing 
preference summary and history; signed grazing authorization with all 
terms and conditions (including permits, leases and exchange of use 
agreements); grazing fee and service charge billing statements; 
evidence of ownership or control of base property; notice from lien 
holder with lien holder's name and address; corporate or partnership 
documentation; affiliate documentation; notice of authorized 
representative with authorized representative's name, address and phone 
number; livestock control agreements; copies of brand registration; 
closed unauthorized use case records; Cooperative Range Improvement 
Agreements; Range Improvement Permits; Assignment of Range 
Improvements; grazing decisions; correspondence to, or received from, 
the grazing permittee; and status of National Environmental Policy Act 
(NEPA) documentation. Information is provided by an applicant, grazing 
permittee, lien holder, and persons or businesses such as realtors or 
consultants, representing the grazing permittee. Information is 
provided either at or to a BLM facility. Some information, such as 
information related to permit compliance, is collected by BLM 
personnel. Paper records may contain information (e.g., correspondence, 
signed authorization) that is not stored in the electronic record.
    The electronic record may contain the grazing permittee's name, 
address, telephone number; BLM assigned case file number and operator 
number; grazing allotment description and information; current grazing 
application; grazing preference summary; terms and conditions of the

[[Page 82063]]

current grazing authorization; grazing fee and service charge billing 
statements; reports regarding compliance with terms and conditions of 
permits; notice of lien holder; and notice of authorized 
representative. Information is provided by the grazing permittee, lien 
holder, and persons or businesses representing the grazing permittee, 
such as realtors or consultants. Information is provided either at or 
to a BLM facility. Some information, such as information related to 
permit compliance, is collected by BLM personnel. Information is 
entered into the RAS by an authorized BLM employee or contractor. 
Information that is available on the RAS public Web site is available 
in the paper records and may be available at the local office on 
request.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    43 U.S.C. 315, et seq.

ROUTINE USE OF THE RECORDS MAINTAINED IN THE SYSTEM, INCLUDING 
CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
    The primary uses of the records are:
    (1) To provide the BLM, the DOI or state, local and tribal 
governments, and Federal agencies with relevant information about 
grazing authorizations, including decisions to authorize grazing on 
public lands, to allow BLM to administer livestock grazing on public 
rangelands, and to allow other government agencies to manage activities 
related to BLM's grazing program in accordance with applicable laws and 
regulations,
    (2) To ensure that grazing permittees and interested members of the 
public have appropriate opportunity to be informed about the public 
land grazing program administered by the BLM,
    (3) To print statements of grazing preference, grazing 
authorizations, billings for grazing fees, and to generate reports, and
    (4) To provide grazing information, including allotment and pasture 
boundaries, to the public through an external Web site.
    The publicly accessible Web site makes a number of reports 
available to the public. The reports are generated from the information 
in RAS. The BLM will provide personal and corporate names and addresses 
of grazing permittees on the publicly accessible Web site. Telephone 
numbers of individuals with a grazing authorization will not be made 
available on the publicly accessible Web site. Any personal financial 
information also will not be made available on the publicly accessible 
Web site. After the system amendment is published in the Federal 
Register, BLM will notify permittees of a 60 day opportunity to provide 
an alternate mailing address before providing access to names and 
addresses of individuals through the RAS public Web site.

Disclosures outside the DOI may be made without the consent of the 
grazing permittee to whom the record pertains under the routine uses 
listed below:
    (1)(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 the Office of 
Hearings and Appeals;
    (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.
    (2) 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 congressional 
office.
    (3) To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, state, territorial, local, or tribal) 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.
    (4) 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.
    (5) To Federal, state, territorial, local, or tribal 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.
    (6) 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.
    (7) To state and local governments and tribal organizations or 
their representatives 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.
    (8) 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.
    (9) 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 DOI 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 
DOI or another agency or entity) that rely upon the compromised 
information;
    (c) The disclosure is made to such agencies, entities and persons 
who are reasonably necessary to assist in connection with the DOI's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm.
    (10) 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.
    (11) To the Department of the Treasury to recover debts owed to the 
United States.
    (12) To the news media when the disclosure is compatible with the 
purpose for which the records were compiled as determined by the BLM.
    (13) To a consumer reporting agency if the disclosure requirements 
of the

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Debt Collection Act, as outlined at 31 U.S.C. 3711(e)(1), have been 
met.
    (14) To recipients of proposed grazing decisions as set forth in 
Title 43 Code of Federal Regulations (CFR) Part 4160.1(a) and Final 
Grazing decisions in accordance with Title 43 CFR Parts 4160.3(b) and 
4.21(b)(3).
    (15) To commercial interests (such as hunting guides, outfitters, 
energy and minerals developers, and right-of-way applicants) or their 
representatives, whose activities are likely to affect the grazing 
permittee's management of livestock or maintenance or use of range 
improvements and who require the information in order to communicate, 
consult with or coordinate activities with the grazing permittee.
    (16) To state and local governments and tribal organizations, or 
their representatives, when needed to administer their duties that 
directly relate to livestock grazing on BLM administered public lands.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper records are stored in file folders in locked file cabinets 
and/or secure locking file rooms at BLM field offices. Electronic 
records are stored on disk, system hard drives, tape, or other 
appropriate media, and can be used to print paper or generate 
electronic reports.

RETRIEVABILITY:
    Records are indexed and associated by grazing permittee and grazing 
authorization number, operator, allotment number, range improvement 
number, or location.

SAFEGUARDS:
    Access to records that are not released under a routine use is 
limited to authorized personnel whose official duties require such 
access. The paper records are maintained in secure cabinets and/or in 
secure file rooms. The records are maintained with safeguards meeting 
the requirements of 43 CFR 2.51. Electronic records conform to the OMB 
and DOI guidelines reflecting the implementation of the Federal 
Information Security Management Act. Electronic data is protected 
through user identification, passwords, database permissions and 
software controls. Such security measures will establish different 
access levels for different types of users. A Privacy Impact Assessment 
was completed on the system to ensure that privacy protection measures 
were in place. BLM conducts information and records security training 
for all employees.

RETENTION AND DISPOSAL:
    Paper records are covered by various BLM Record Schedules and the 
(NARA) guidance on permanent and temporary records disposition as 
follows:
    Grazing Authorization Files, Grazing Operator Case Files, Schedule 
4, Item 14a(1);
    Grazing Authorization Files, Grazing Appeal Case Files, Schedule 4, 
Item 14a(2);
    Accountable Officers Files (Grazing Bills), Schedule 6, Item 1; and
    Trespass Investigative Files, Schedule 18, Item 31.
    Electronic records are covered by the BLM Record Schedule 20, Item 
42 and the NARA guidance on permanent and temporary records 
disposition.

SYSTEM MANAGER(S) AND ADDRESS:
    Official responsible for the electronic record: System Owner 
Representative for Rangeland Management Systems, Bureau of Land 
Management (WO-220), Department of the Interior, Bureau of Land 
Management, 1849 C Street, NW., Washington, DC 20240.
    The official responsible for the paper records is the Field Manager 
at the designated field office where a grazing permittee's or lessee's 
records are located. If you are unaware of the particular field office 
where the records are located, the State Office with administrative 
responsibility over your state can be contacted:
    Bureau of Land Management, Arizona State Office, One North Central 
Avenue, Suite 800, Phoenix, Arizona 85004-4427;
    Bureau of Land Management, California State Office, 2800 Cottage 
Way, Suite W-1834, Sacramento, California 95825-1886;
    Bureau of Land Management, Colorado State Office, 2850 Youngfield 
Street, Lakewood, Colorado 80215-7076;
    Bureau of Land Management, Idaho State Office,1387 S. Vinnell Way, 
Boise, Idaho 83709-1657;
    Bureau of Land Management, Montana State Office, (Area of 
Administration: Montana, North Dakota, South Dakota), 5001 Southgate 
Drive, Billings, Montana 59101-4669;
    Bureau of Land Management, Nevada State Office, 1340 Financial 
Boulevard, P.O. Box 12000, Reno, Nevada 89520-0006;
    Bureau of Land Management, New Mexico State Office, (Area of 
Administration: New Mexico, Kansas, Oklahoma, Texas), 301 Dinosaur 
Trail, P.O. Box 27115, Santa Fe, New Mexico 87502-0115;
    Bureau of Land Management, Oregon State Office, (Area of 
Administration: Oregon, Washington), 333 SW 1st Avenue, Portland, 
Oregon 97204;
    Bureau of Land Management, Utah State Office, 440 West 200 South, 
Suite 500, Salt Lake City, Utah 84145-0155;
    Bureau of Land Management, Wyoming State Office, (Area of 
Administration: Wyoming, Nebraska), 5353 Yellowstone Avenue, P.O. Box 
1828, Cheyenne, Wyoming 82003-1828.

NOTIFICATION PROCEDURES:
    An individual requesting notification of the existence of records 
on himself or herself should send or provide a signed, written inquiry 
to the System Manager or the Privacy Officer at the respective BLM 
State Office as identified above or at the local BLM field office. The 
request envelope and letter should both be clearly marked ``PRIVACY ACT 
INQUIRY.'' A request for notification must meet the requirements of 43 
CFR 2.60.

RECORDS ACCESS PROCEDURES:
    An individual requesting records on himself or herself should send 
a signed, written inquiry to the Systems Manager or the Privacy Officer 
at the respective BLM State Office as 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 2.63.

CONTESTING RECORDS PROCEDURES:
    An individual requesting corrections to or the removal of material 
from his or her records should send a signed, written request to the 
System Manager or the Privacy Officer at the respective BLM State 
Office as identified above. A request for corrections or removal must 
meet the requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
    Information is provided by the grazing permittee, applicant, lien 
holder, business, or individual representing the grazing permittee. 
Some information, such as permit compliance, is collected by BLM 
personnel.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2010-32878 Filed 12-28-10; 8:45 am]
BILLING CODE 4310-84-P