Privacy Act of 1974; System of Records, 52530-52534 [2019-21378]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Notices]
[Pages 52530-52534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21378]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[DOI-2019-0007; BLM-19X.LLW0240000. L10500000.PC0000.LXSIPALE0000]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of a new system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of the Interior is issuing a public notice of 
its intent to create the Department of the Interior Privacy Act system 
of records titled, ``INTERIOR/DOI-20, Paleontological Resources 
Preservation System.'' This system of records helps the Department of 
the Interior implement the Paleontological Resources Preservation Act 
and manage, preserve and protect paleontological resources on Federal 
lands under the jurisdiction of the Department of the Interior. This 
newly established system will be included in the Department of the 
Interior's inventory of record systems.

[[Page 52531]]


DATES: This new system will be effective upon publication. New routine 
uses will be effective November 1, 2019. Submit comments on or before 
November 1, 2019.

ADDRESSES: You may send comments, identified by docket number [DOI-
2019-0007], by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for sending comments.
     Email: [email protected]. Include docket number 
[DOI-2019-0007] in the subject line of the message.
     Mail: Teri Barnett, Departmental Privacy Officer, U.S. 
Department of the Interior, 1849 C Street NW, Room 7112, Washington, DC 
20240.
     Hand Delivery/Courier: Teri Barnett, Departmental Privacy 
Officer, U.S. Department of the Interior, 1849 C Street NW, Room 7112, 
Washington, DC 20240.
    Instructions: All submissions received must include the agency name 
and docket number. All comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Teri Barnett, Departmental Privacy 
Officer, U.S. Department of the Interior, 1849 C Street NW, Room 7112, 
Washington, DC 20240, email at [email protected] or by telephone 
at (202) 208-1605.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Department of the Interior (DOI) is creating a new system of 
records titled INTERIOR/DOI-20, Paleontological Resources Preservation 
System to implement the Paleontological Resources Preservation Act of 
2009 (PRPA), which requires DOI to issue implementing regulations to 
manage, protect, and preserve paleontological resources on Federal 
lands under the jurisdiction of DOI using scientific principles and 
expertise. In compliance with PRPA, DOI's Bureau of Land Management 
(BLM), Bureau of Reclamation (Reclamation), National Park Service 
(NPS), and U.S. Fish and Wildlife Service (FWS) are promulgating a 
joint regulation for the collection of paleontological resources from 
the lands administered by these bureaus and are responsible for 
collaborating on the management of these resources. A Notice of 
Proposed Rulemaking was published in the Federal Register on December 
7, 2016 at 81 FR 88173 to provide notice to the public and allow 
comment on the proposed rule for the management, collection, and 
curation of paleontological resources from federal lands using 
scientific principles and expertise, including collection in accordance 
with permits; curation in an approved repository; and maintenance of 
confidentiality of specific locality data. A final rule implementing 
the DOI regulations will appear at 43 CFR part 49, Paleontological 
Resources Preservation. BLM, Reclamation, NPS and FWS have developed a 
standardized application for paleontological resources use permits. 
Paleontological resources are fossils or fossilized remains, traces, or 
imprints of organisms preserved in or on the Earth's crust that are of 
paleontological interest and that provide information about the history 
of life on earth as defined by the PRPA. The INTERIOR/DOI-20, 
Paleontological Resources Preservation System, system of records will 
assist the bureaus in managing, tracking, and reporting activities 
under permits, ensuring permitted activities do not interfere with 
management objectives for the land or with other authorized public 
uses; and protecting Federal land and the natural and cultural 
resources on that land. Sections 6306 and 6307 of the PRPA, which may 
be found at 16 U.S.C. 470 470aaa-5 and 470aaa-6, respectively, contain 
criminal and civil penalties for persons who commit prohibited acts or 
for violations involving paleontological resources under the PRPA and 
other law enforcement authorities. Any reported or suspected violation 
of the PRPA will be referred to the appropriate Federal, state, or 
local law enforcement organization for investigation and appropriate 
action, and any records of such investigations will not be maintained 
in this system. DOI records related to criminal investigations for 
prohibited acts or violations involving paleontological resources under 
the PRPA will be maintained in other law enforcement systems of records 
as appropriate and will not be part of this system of records. However, 
records relating to civil penalties assessed under the PRPA may be 
maintained in this system of records and other DOI systems of records 
as necessary to implement the provisions of the PRPA.

II. Privacy Act

    The Privacy Act of 1974, as amended, 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 is retrieved by the name of an individual 
or by some identifying number, symbol, or other identifying particular 
assigned to the individual. The Privacy Act defines an individual as a 
United States citizen or lawful permanent resident. Individuals may 
request access to their own records that are maintained in a system of 
records in the possession or under the control of DOI by complying with 
DOI Privacy Act regulations at 43 CFR part 2, subpart K, and following 
the procedures outlined in the Records Access, Contesting Record, and 
Notification Procedures sections of this notice.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the existence and character of each 
system of records that the agency maintains and the routine uses of 
each system. The new INTERIOR/DOI-20, Paleontological Resources 
Preservation System, system of records is published in its entirety 
below. NPS has a current system of records titled, Special Use 
Permits--Interior, NPS--1, which is supplemented by this system of 
records, INTERIOR/DOI-20, Paleontological Resources Preservation 
System. In accordance with 5 U.S.C. 552a(r), DOI has provided a report 
of this system of records to the Office of Management and Budget and to 
Congress.

III. Public Participation

    You should be aware that your entire comment including your 
personal identifying information, such as your address, phone number, 
email address, or any other personal identifying information in your 
comment, may be made publicly available at any time. While you may 
request to withhold your personal identifying information from public 
review, we cannot guarantee we will be able to do so.

SYSTEM NAME AND NUMBER:
    INTERIOR/DOI-20, Paleontological Resources Preservation System.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    (1) Office of the Bureau of Land Management National 
Paleontologist, WO-240, 20 M Street SE, Suite 2134, Washington, DC 
20003.

[[Page 52532]]

    (2) Bureau of Reclamation, Denver Federal Center, 6th & Kipling, 
Building 67, Denver, CO 80225.
    (3) National Park Service, 1849 C Street NW, Mail Stop 2460, 
Washington, DC 20240.
    (4) U.S. Fish & Wildlife Service Headquarters Office, National 
Wildlife Refuge System, 5275 Leesburg Pike, Falls Church, VA 22041.
    (5) Regional and field offices for each bureau or office 
responsible for issuing and administering paleontological use permits.

SYSTEM MANAGER(S):
    (1) Bureau of Land Management System Manager, National 
Paleontologist, WO-240, 20 M Street SE, Suite 2134, Washington, DC 
20003.
    (2) Bureau of Reclamation System Manager, Federal Preservation 
Officer, Denver Federal Center, 6th & Kipling, Building 67, Denver, CO 
80225.
    (3) National Park Service Special Park Uses Program Manager, 1849 C 
Street NW, Mail Stop 2460, Washington, DC 20240.
    (4) U.S. Fish & Wildlife FWS System Manager, Federal Preservation 
Officer, National Wildlife Refuge System, 5275 Leesburg Pike, Falls 
Church, VA 22041.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Paleontological Resources Preservation Act, 16 U.S.C. 470aaa et 
seq.

PURPOSE(S) OF THE SYSTEM:
    The primary purpose of this system is to implement the PRPA, which 
requires DOI to issue implementation regulations to manage, protect, 
and preserve paleontological resources on Federal lands under the 
jurisdiction of DOI using scientific principles and expertise. The 
primary uses of the records are to provide BLM, Reclamation, NPS, and 
FWS with information to approve or deny requests for paleontological 
resources use permits. Additionally, this system of records will 
facilitate management, tracking, and reporting activities under 
permits, thus allowing bureau and office staff to ensure that permitted 
activities do not interfere with management objectives for the land or 
with other authorized public uses, thereby protecting Federal land and 
the natural and cultural resources on that land.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system include members of the public 
who apply for paleontological resources use permits; permittees and 
persons working under a permit (support personnel); persons who file a 
written objection to a proposed notice of violation and assessment of 
civil penalty and/or request a hearing on a final assessment of civil 
penalty; DOI employees, contractors, or partners who perform 
paleontological investigations for scientific research; employees 
located at a facility that curate Federal collections; and DOI 
employees who serve as contacts for processing applications and 
managing permits.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains paleontological resources use permit 
applications; documents associated with the bureau or office decision 
on a permit; documents associated with the management of the permits, 
including records of appeals of bureau or office decisions; and other 
records necessary to manage the permitting process and permit-related 
bureau or office administrative records. The system also contains 
information on permit numbers, locations of the paleontological site, 
locality numbers, types, and purposes of the proposed activity, reports 
of results of permitted activities, and locations and transfers of 
collections made under a permit. These records may contain the 
following information: Names of applicants and support personnel such 
as other persons who conduct or oversee work under the permit; 
researchers; applicant institutional affiliation; applicant contact 
information including work mailing address, work telephone number(s), 
work fax number, and/or professional email address; field contact 
information; applicant and support personnel resumes, educational 
institutions attended and dates of attendance or graduation, applicant 
institutional affiliation, employment information, machinery or vehicle 
identifying information as appropriate; proof of insurance as 
appropriate, and other information necessary to ensure that the 
applicant can perform the work proposed under the permit. The system 
may also contain records related to the assessment of civil penalties 
including written notices of objection to a proposed assessment of 
civil penalty, written requests for a hearing on a final assessment of 
civil penalty, final determinations, and any correspondence or record 
related to the implementation of provisions related to civil penalties 
under the PRPA.

RECORD SOURCE CATEGORIES:
    Records in this system are obtained from individuals covered by the 
system including applicants for and holders of permits and their 
support personnel, researchers, DOI employees, DOI contractors, DOI 
partners, curators and staff-employed at repositories curating Federal 
collections.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information maintained in this system may be disclosed to authorized 
entities outside DOI for purposes determined to be relevant and 
necessary as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including Offices of the 
U.S. Attorneys, or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    (1) DOI or any component of DOI;
    (2) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (3) Any DOI employee or former employee acting in his or her 
official capacity;
    (4) Any DOI employee or former employee acting in his or her 
individual capacity when DOI or DOJ has agreed to represent that 
employee or pay for private representation of the employee; or
    (5) The United States Government or any agency thereof, when DOJ 
determines that DOI is likely to be affected by the proceeding.
    B. To a congressional office when requesting information on behalf 
of, and at the request of, the individual who is the subject of the 
record.
    C. To the Executive Office of the President in response to an 
inquiry from that office made at the request of the subject of a record 
or a third party on that person's behalf, or for a purpose compatible 
with the reason for which the records are collected or maintained.
    D. To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, state, territorial, local, tribal or foreign) when a 
record, either alone or in conjunction with other information, 
indicates a violation or potential violation of law--criminal, civil, 
or regulatory in nature, and the disclosure is compatible with the 
purpose for which the records were compiled.
    E. To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files or to enable that agency to

[[Page 52533]]

respond to an inquiry by the individual to whom the record pertains.
    F. To Federal, state, territorial, local, tribal, or foreign 
agencies that have requested information relevant or necessary to the 
hiring, firing or retention of an employee or contractor, or the 
issuance of a security clearance, license, contract, grant or other 
benefit, when the disclosure is compatible with the purpose for which 
the records were compiled.
    G. To representatives of the National Archives and Records 
Administration (NARA) to conduct records management inspections under 
the authority of 44 U.S.C. 2904 and 2906.
    H. To state, territorial and local governments and tribal 
organizations to provide information needed in response to court order 
and/or discovery purposes related to litigation, when the disclosure is 
compatible with the purpose for which the records were compiled.
    I. To an expert, consultant, grantee, or contractor (including 
employees of the contractor) of DOI that performs services requiring 
access to these records on DOI's behalf to carry out the purposes of 
the system.
    J. To appropriate agencies, entities, and persons when:
    (1) DOI suspects or has confirmed that there has been a breach of 
the system of records;
    (2) DOI has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DOI (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and
    (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DOI's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    K. To another Federal agency or Federal entity, when DOI determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in:
    (1) Responding to a suspected or confirmed breach; or
    (2) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    L. To the Office of Management and Budget (OMB) during the 
coordination and clearance process in connection with legislative 
affairs as mandated by OMB Circular A-19.
    M. To the Department of the Treasury to recover debts owed to the 
United States.
    N. To the news media and the public, with the approval of the 
Public Affairs Officer in consultation with counsel and the Senior 
Agency Official for Privacy, where there exists a legitimate public 
interest in the disclosure of the information, except to the extent it 
is determined that release of the specific information in the context 
of a particular case would constitute an unwarranted invasion of 
personal privacy.
    O. To partners, curators and staff that have physical custody of 
Federally-owned collections of paleontological resources in furtherance 
of the care and management of the paleontological collection.
    P. To other Federal agencies and non-Federal institutions, 
partners, scientists, groups, persons, or the general public through 
the news media, social media applications, and museum exhibits to 
foster public education and awareness and provide outreach on 
paleontological resources from bureau-administered lands.
    Q. To permitted researchers to share relevant information from the 
original permit regarding previous scientific investigations on 
paleontological resources. Information shared with researchers will be 
limited to name and professional contact information, as well as the 
nature and location of previous discoveries.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosure pursuant to 5 U.S.C. 552a(b)(12). Disclosures may be 
made from this system to consumer reporting agencies 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 STORAGE OF RECORDS:
    PRPA records are managed securely at DOI and bureau offices. Paper 
records are contained in file folders stored in locked file cabinets at 
secured DOI and bureau facilities. Electronic records are maintained as 
restricted access in shared or removable drives, computers, email, and 
electronic databases.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the individual's name (permittees or 
researchers), permit number, locality number, location of the 
paleontological site, and other types of information by key word 
search.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are maintained in accordance with specific 
bureau records retention schedules that have been approved by NARA. 
Bureau of Reclamation records are maintained under PRM-10.00 Museum 
Property, Artwork, and Artifacts--Permanent, ENV-3.00 Cultural 
Resources--Permanent, and Natural Resource Protection and Management 
Program--Permanent. Bureau of Land Management records are maintained 
under BLM 4/14 Grazing and other Land-Use Lease and Permit Files--
Temporary, 30 years. Fish and Wildlife Service records are maintained 
under PERM-811, Archaeological Permit Files--Temporary, 3 years. The 
National Park Service records are maintained under NPS Records 
Schedule, Resource Management and Lands (Item 1D) (N1-79-08-1)--
Temporary, Destroy/delete 3 years after closure.
    A new Department Records Schedule (DRS)--2 Mission Bucket Schedule 
for mission-related records has been submitted to NARA and is pending 
approval. Once NARA approves the DRS the records related to this system 
will be maintained in accordance with the following DRS: 2.1.1.03, 
Long-Term Mission--Natural & Cultural Resources, Native American Graves 
Protection and Repatriation Act (NAGPRA) & Paleontology; and DRS 
2.1.1.04, Historically-Significant Natural & Cultural Resources--NAGPRA 
& Paleontology. Records under DRS 2.1.1.03 have a temporary disposition 
authority and are maintained for approximately 25 years after cut-off. 
Approved destruction methods for temporary records that have met their 
retention period include shredding or pulping paper records, and 
erasing or degaussing electronic records in accordance with 384 
Departmental Manual 1 and NARA guidelines. Records maintained under DRS 
2.1.1.04 have a permanent retention schedule. Permanent records are 
maintained either at the office of record or transferred to the Federal 
Records Center or NARA when volume warrants.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The records contained in this system are safeguarded in accordance 
with 43 CFR 2.226 and other applicable security rules and policies. 
Records are accessible only by authorized DOI employees, and other 
Federal Government agencies and contractors who have contractual 
agreements with BLM, Reclamation, NPS, and FWS to conduct activities 
related to

[[Page 52534]]

paleontology. During normal hours of operation, paper records are 
secured in locked file cabinets under the control of authorized 
personnel. Computers and servers on which electronic records are stored 
are located in secured DOI and/or contractor facilities with physical, 
technical, and administrative levels of security such as access codes, 
security codes, and security guards, to prevent unauthorized access to 
the DOI network and information assets. Access to DOI networks and data 
requires a valid username and password and is limited to DOI personnel 
and/or contractors who have a need to know the information for the 
performance of their official duties. Access to contractor's networks 
and data requires restricted access limited to authorized personnel.
    Computerized records systems follow the National Institute of 
Standards and Technology privacy and security standards as developed to 
comply with the Privacy Act of 1974 as amended, 5 U.S.C. 552a; the 
Paperwork Reduction Act of 1995, Public Law 104-13; Federal Information 
Security Modernization Act of 2014, Public Law 113-283, as codified at 
44 U.S.C. 3551 et seq.; and the Federal Information Processing Standard 
199, Standards for Security Categorization of Federal Information and 
Information Systems. Security controls include user identification, 
passwords, database permissions, encryption, firewalls, audit logs, 
network system security monitoring, and software controls. System 
administrators and authorized personnel are trained and required to 
follow established internal security protocols and must complete all 
security, privacy, and records management training and sign the DOI 
Rules of Behavior.

RECORD ACCESS PROCEDURES:
    An individual requesting records on himself or herself should send 
a signed, written inquiry to the appropriate System Manager identified 
in this notice. The request must include the specific bureau or office 
that maintains the records to facilitate location of the applicable 
records. 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 
appropriate System Manager identified in this notice. The request must 
include the specific bureau or office that maintains the records to 
facilitate location of the applicable records. A request for 
corrections or removal must meet the requirements of 43 CFR 2.246.

NOTIFICATION PROCEDURES:
    An individual requesting notification of the existence of records 
on himself or herself should send a signed, written inquiry to the 
appropriate System Manager identified in this notice. The request must 
include the specific bureau or office that maintains the records to 
facilitate location of the applicable records. 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.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2019-21378 Filed 10-1-19; 8:45 am]
 BILLING CODE 4312-52-P