Privacy Act of 1974; System of Records, 1594-1599 [2024-00325]
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1594
Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Notices
Permit record
No.
Applicant
Species
Location
Activity
PER5201354 ...
Aransas National Wildlife
Refuge;
Austwell,
Texas.
Whooping crane (Grus americana) ..............................
Alabama, California, District
of Columbia,
Florida, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, New
York, North
Carolina,
North Dakota,
Oklahoma,
Tennessee,
Texas, Virginia, Wisconsin.
Capture, biosample, propagation, collect eggs,
transport, salvage, educational display, provide
health care,
reintroduction,
rehabilitation,
shipment of
dead specimens and
their parts.
Public Availability of Comments
DEPARTMENT OF THE INTERIOR
All comments we receive become part
of the public record associated with this
action. Requests for copies of comments
will be handled in accordance with the
Freedom of Information Act, National
Environmental Policy Act, and Service
and Department of the Interior policies
and procedures. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so. All
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Office of the Secretary
Authority
We provide this notice under section
10 of the Endangered Species Act (16
U.S.C. 1531 et seq.).
Jeffrey Fleming,
Acting Regional Director, Southwest Region,
U.S. Fish and Wildlife Service.
[FR Doc. 2024–00347 Filed 1–9–24; 8:45 am]
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[DOI–2023–0023; DS65100000
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Privacy Act of 1974; System of
Records
Office of the Secretary, Interior.
Notice of a modified system of
AGENCY:
ACTION:
records.
Pursuant to the provisions of
the Privacy Act of 1974, as amended,
the Department of the Interior (DOI,
Department) is issuing a public notice of
its intent to modify the Privacy Act
system of records, INTERIOR/DOI–10,
Incident Management, Analysis and
Reporting System. DOI is revising this
notice to change the title of the system,
propose new and modified routine uses,
and update all sections of the system
notice to accurately reflect the scope of
the system. This modified system will
be included in DOI’s inventory of
systems of records.
DATES: This modified system will be
effective upon publication. New and
modified routine uses will be effective
February 9, 2024. Submit comments on
or before February 9, 2024.
ADDRESSES: You may send comments
identified by docket number [DOI–
2023–0023] by any of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for sending comments.
• Email: DOI_Privacy@ios.doi.gov.
Include docket number [DOI–2023–
0023] in the subject line of the message.
• U.S. Mail or Hand-Delivery: Teri
Barnett, Departmental Privacy Officer,
U.S. Department of the Interior, 1849 C
Street NW, Room 7112, Washington, DC
20240.
SUMMARY:
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Type of take
Permit action
Harass, harm,
capture.
Renew/Amend.
Instructions: All submissions received
must include the agency name and
docket number [DOI–2023–0023]. 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, DOI_Privacy@ios.doi.gov or (202)
208–1605.
SUPPLEMENTARY INFORMATION:
I. Background
The DOI Office of Law Enforcement
and Security (OLES) maintains the
INTERIOR/DOI–10, Incident
Management, Analysis and Reporting
System, as a unified Department-wide
law enforcement records management
system. This system of records helps
DOI protect life and resources, manage
law enforcement incidents and
investigations, measure performance,
meet reporting requirements, and foster
public trust through transparent and
accountable law enforcement programs.
The system also provides the capability
to prevent, detect, and investigate
known and suspected criminal activity
and violations of fish and wildlife laws;
transmit information to Federal law
enforcement databases and repositories;
analyze and prioritize protection efforts;
provide information to justify law
enforcement funding requests and
expenditures; assist in managing visitor
use and protection programs;
investigate, detain and apprehend those
committing crimes on DOI properties,
including National Wildlife Refuges,
National Parks, and Tribal reservations
(for the purpose of this system of
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records notice, Tribal reservations
include contiguous areas policed by
Tribal or Bureau of Indian Affairs (BIA)
law enforcement officers) managed by
Native American Tribes under BIA; and
investigate and prevent visitor accidents
and injuries on DOI properties or Tribal
reservations. Incident and non-incident
data related to criminal activity will be
collected in support of law enforcement,
homeland security, and security
(physical, personnel, suitability, and
industrial) activities. This may include
data documenting criminal and
administrative investigations and other
law enforcement activities, use of force
and critical incidents, traffic safety,
property damage claims, motor vehicle
crashes, domestic violence incidents,
and information sharing and analysis
activities. This notice covers all DOI law
enforcement records, investigations, and
case files in any medium that are
created, collected, maintained, or
managed by DOI bureaus and offices,
excluding the Office of Inspector
General, which maintains its own
investigations system of records. DOI
law enforcement bureaus and offices
include OLES, Office of the Secretary,
BIA, Bureau of Land Management,
Bureau of Reclamation, the U.S. Fish
and Wildlife Service, and the National
Park Service. The OLES has
Department-wide coordination and
oversight responsibilities of law
enforcement activities; however, each
bureau and office is responsible for
managing their records in this system
for the administration of their law
enforcement programs.
DOI is proposing to change the title of
the system of records to INTERIOR/
DOI–10, DOI Law Enforcement Records
Management System (LE RMS) to reflect
the modified scope of the system;
update the system manager and system
location sections; expand on categories
of individuals covered by the system,
the categories of records and records
source categories sections; update
authorities for maintenance of the
system; update the storage, safeguards,
and records retention schedule; update
the notification, records access and
contesting procedures; and provide
general updates in accordance with the
Privacy Act of 1974 and Office of
Management and Budget (OMB)
Circular A–108, Federal Agency
Responsibilities for Review, Reporting,
and Publication under the Privacy Act.
DOI is also changing the routine uses
from a numeric to alphabetic list and is
proposing to modify existing routine
uses to provide clarity and transparency
and reflect updates consistent with
standard DOI routine uses. The notice of
disclosure to consumer reporting
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agencies in former routine use 13 was
moved to the end of this section.
Routine use A has been modified to
further clarify disclosures to the
Department of Justice or other Federal
agencies when necessary in relation to
litigation or judicial proceedings.
Routine use B has been modified to
clarify disclosures to a congressional
office to respond to or resolve an
individual’s request made to that office.
Routine use H has been modified to
expand the sharing of information with
territorial organizations in response to
court orders or for discovery purposes
related to litigation. Routine use I has
been modified to include the sharing of
information with grantees and shared
service providers that perform services
requiring access to these records on
DOI’s behalf to carry out the purposes
of the system. Routine use J was slightly
modified to allow DOI to share
information with appropriate Federal
agencies or entities when reasonably
necessary to prevent, minimize, or
remedy the risk of harm to individuals
or the Federal Government resulting
from a breach in accordance with OMB
Memorandum M–17–12, Preparing for
and Responding to a Breach of
Personally Identifiable Information.
Routine use N was modified to clarify
the sharing of information with the
news media and the public to assure
public safety related to potential or
imminent threats to life, health, or
property. Routine use P was modified to
add the sharing of information when
permitted by Federal law, statute,
regulation, executive order, and DOI
policy. Routine use Q was modified to
add shared service providers who may
need to access records in order to
perform authorized activities on DOI’s
behalf.
Proposed routine use O allows DOI to
share information with the news media
and the public where there exists a
legitimate public interest in the
disclosure of information and it is
necessary to preserve the confidence in
the integrity of the DOI, demonstrate
DOI’s commitment to serving the public
and the accountability of its officers and
employees. Proposed routine use T
allows DOI to share information with
adjudicative or regulatory agencies
when necessary and appropriate to
adjudicate decisions affecting
individuals who are subjects of
investigations or covered by this system
notice. Proposed routine use U allows
DOI to share information with
complainants, victims, family members,
and representatives to the extent
necessary to provide information on
results of investigations or cases or
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matters they may be involved in.
Proposed routine use V allows DOI to
share information with an official or
employee regarding a matter within that
individual’s area of responsibility or
when relevant and necessary to respond
to official inquiries by the Department
or other authority. Proposed routine use
W allows DOI to share information with
Tribal organizations when necessary
and relevant under the Indian SelfDetermination and Education
Assistance Act.
Pursuant to the Privacy Act, 5 U.S.C.
552a(b)(12), DOI may disclose
information 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 1966 (31 U.S.C.
3701(a)(3)) to aid in the collection of
outstanding debts owed to the Federal
Government.
In a Notice of Proposed Rulemaking
published separately in the Federal
Register, DOI is proposing to claim
additional exemptions for records
maintained in this system pursuant to
the Privacy Act of 1974, 5 U.S.C.
552a(k)(1), (k)(3), (k)(5), and (k)(6).
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’ records. 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 from 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 INTERIOR/
DOI–10, DOI Law Enforcement Records
Management System (LE RMS), system
of records notice is published in its
entirety below. In accordance with 5
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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 your entire
comment including your personally
identifiable information, such as your
address, phone number, email address,
or any other personal information in
your comment, may be made publicly
available at any time. While you may
request to withhold your personally
identifiable information from public
review, we cannot guarantee we will be
able to do so.
SYSTEM NAME AND NUMBER:
INTERIOR/DOI–10, DOI Law
Enforcement Records Management
System (LE RMS).
SECURITY CLASSIFICATION:
Classified and Unclassified.
SYSTEM LOCATION:
Office of Law Enforcement and
Security, U.S. Department of the
Interior, 1849 C Street NW, Washington,
DC 20240; Albuquerque Data Center,
1011 Indian School Road, Northwest,
Albuquerque, NM 87104; DOI facilities
and data centers; DOI-approved cloud
service providers; and DOI bureaus and
offices that manage law enforcement
programs as identified in the System
Manager section below.
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SYSTEM MANAGER(S):
(1) Director, Office of Law
Enforcement and Security, U.S.
Department of the Interior, 1849 C Street
NW, Mail Stop Room 3411, Washington,
DC 20240.
(2) Bureau of Indian Affairs, Office of
Justice Services, 1849 C Street NW, Mail
Stop MS–3662–MIB, Washington, DC
20240.
(3) Director, Office of Law
Enforcement and Security, Bureau of
Land Management, 1849 C Street NW,
Mail Stop: Fifth Floor, Room #5618,
Washington, DC 20240.
(4) Bureau of Reclamation, Policy and
Programs Directorate, Denver Security
Division, Supervisory Security
Specialist, P.O. Box 25007, Denver, CO
80225.
(5) Director, Office of Law
Enforcement, U.S. Fish and Wildlife
Service, MS: OLE, 5275 Leesburg Pike,
Falls Church, Virginia 22041.
(6) National Park Service, Program
Manager, National Park Service Law
Enforcement, Security, and Emergency
Services, U.S. Department of the
Interior, 1849 C Street NW, Mailstop
2560, Washington, DC 20240.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Uniform Federal Crime Reporting Act,
28 U.S.C. 534; Intelligence Reform and
Terrorism Prevention Act of 2004 (Pub.
L. 108–458); Homeland Security Act of
2002 (Pub. L. 107–296); USA PATRIOT
ACT of 2001 (Pub. L. 107–56); USA
PATRIOT Improvement Act of 2005
(Pub. L. 109–177); Tribal Law and Order
Act of 2010 (Pub. L. 111–211); Fish and
Wildlife Act of 1956, 16 U.S.C. 742a–
742j–l; Refuge Recreation Act, 16 U.S.C.
460k–460k–4; Endangered Species Act
of 1973, 16 U.S.C. 1531–1544; Lacey
Act, 18 U.S.C. 42; Executive Order
14074: Advancing Effective,
Accountable Policing and Criminal
Justice Practices to Enhance Public
Trust and Public Safety, May 25, 2022;
Homeland Security Presidential
Directive 7—Critical Infrastructure
Identification, Prioritization, and
Protection; Homeland Security
Presidential Directive 12—Policy for a
Common Identification Standard for
Federal Employees and Contractors;
Criminal Intelligence Systems Operating
Policies, 28 CFR part 23; Law and
Order, 25 CFR part 10, Indian Country
Detention Facilities and Programs;
Courts of Indian Offenses and Law and
Order Code, 25 CFR part 11; and Indian
Country Law Enforcement, 25 CFR part
12.
PURPOSE(S) OF THE SYSTEM:
The LE RMS system of records is an
incident management and reporting
system used to prevent, detect, and
investigate known and suspected
criminal activity; protect natural and
cultural resources; capture, integrate
and share law enforcement and related
information and observations from other
sources; measure performance of law
enforcement programs and management
of emergency incidents; meet reporting
requirements; foster public trust through
transparent and accountable law
enforcement programs; transmit
information to Federal law enforcement
databases and repositories; analyze and
prioritize protection efforts; assist in
managing visitor use and protection
programs; enable the ability to
investigate, detain and apprehend those
committing crimes on DOI properties or
Tribal reservations; and to investigate
and prevent visitor accident incidents
and injuries on DOI properties or Tribal
reservations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals covered
in the system include current and
former Federal employees, consultants,
contractors, subcontractors, and
grantees; Federal, Tribal, State, local
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and foreign law enforcement officers
and officials; witnesses, complainants,
informants, and parties who have been
identified as potential subjects or parties
to an investigation; and individuals or
entities who are or have been the subject
of investigations and other individuals
associated with alleged violation(s) of
Federal law, regulations, or rules of
conduct.
Additionally, this system contains
information regarding members of the
general public, including individuals
and/or groups of individuals involved
with law enforcement incidents
involving Federal assets or occurring on
public lands and Tribal reservations,
such as witnesses, individuals making
complaints, individuals involved in
reports of traffic accidents on DOI
managed properties and Tribal
reservations, and individuals being
investigated or arrested for criminal or
traffic offenses or involved in certain
types of non-criminal incidents.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system includes law enforcement
incident reports, law enforcement
personnel records, and law enforcement
training records, which contain the
following information: names, home
addresses, work addresses, telephone
numbers, email addresses and other
contact information, emergency contact
information; dates of birth, place of
birth; gender, ethnicity and race;
biometric information such as physical
or distinguishing attributes of an
individual; Social Security numbers,
driver’s license numbers, passport
numbers, identification numbers for
non-citizens, Federal Bureau of
Investigation (FBI) Universal Control
Numbers, State identification numbers;
Tribal identification numbers or other
Tribal enrollment data; vehicle
identification numbers, license plate
numbers, boat registration or hull
number; work history, educational
history, affiliations, and other related
data; criminal history, arrest and
incarceration records, prior contacts
with law enforcement, and records
related to the transport of individuals.
Incident and investigation records
related to or documenting criminal and
administrative investigations and other
law enforcement activities, use of force,
critical incidents, traffic safety, property
damage claims, motor vehicle crashes,
domestic violence incidents,
information sharing and analysis, and
other law enforcement activities may
include, but are not limited to: incident
reports, case files and notes;
attachments such as photos or digital
images, video recordings from body
worn cameras, vehicle mounted
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cameras, hand-held cameras or devices,
closed circuit television or other
surveillance including sketches;
medical reports; correspondence, email
and text messages; letters, memoranda,
and other documents citing complaints
of alleged criminal, civil, or
administrative misconduct; reports of
investigations with related statements,
affidavits or records obtained during
investigations; prior criminal or
noncriminal records of individuals
related to investigations; reports from or
to other law enforcement bodies;
information obtained from informants;
identifying information on suspects and
allegations made against suspects; and
public source materials; and
information concerning response to and
outcome of incidents and investigations.
Records in this system also include
information concerning Federal civilian
employees and contractors, Federal,
Tribal, State, and local law enforcement
officers and may contain information
regarding an officer’s name, contact
information, station and career history,
firearms qualifications, medical history,
background investigation and status,
date of birth, and Social Security
number. Information regarding officers’
equipment, such as firearms, electronic
control devices, body armor, vehicles,
computers and special equipment
related skills is also included in this
system.
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RECORD SOURCE CATEGORIES:
Sources of information in the system
include current and former DOI officials
and employees; officials of Federal,
State, Tribal, local, and foreign law
enforcement and non-law enforcement
agencies and organizations including
the FBI and Department of Justice;
subjects of investigations, complainants,
informants, suspects, victims, witnesses,
private citizens, and visitors to Federal
properties; photos and recordings
captured from law enforcement body
worn cameras, vehicle mounted
cameras, hand-held cameras or other
devices, closed circuit television, or
other surveillance methods; and public
source materials. Records may also be
obtained from other internal and
external sources such as personnel,
training or other systems of records, DOI
personnel, contractors, and other parties
for matters related to the maintenance of
this system, and information sharing
partners.
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, all or a
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portion of the records or information
contained in this system may be
disclosed outside DOI as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
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 their official
capacity;
(4) Any DOI employee or former
employee acting in their 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, to the extent
the records have not been exempted
from disclosure pursuant to 5 U.S.C.
552a(j) and (k).
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,
to the extent the records have not been
exempted from disclosure pursuant to 5
U.S.C. 552a(j) and (k).
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
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
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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,
shared service provider, 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
in support of the law enforcement
activities, including obtaining public
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assistance with identifying and locating
criminal suspects and lost or missing
individuals, providing the public with
alerts about dangerous individuals, and
assuring public safety related to
potential or imminent threats to life,
health, or property.
O. To the news media and the public
(including select members of the public,
such as victims’ family members) when:
(1) Release of the specific information
would not constitute an unwarranted
invasion of personal privacy, and
(2) There exists a legitimate public
interest in the disclosure of the
information and its release would:
(a) Preserve public confidence and
trust in the integrity of DOI;
(b) Demonstrate DOI’s commitment to
serving the public and achieving its
mission; or
(c) Reveal the accountability of DOI’s
officers, employees, or individuals
covered by the system.
P. To the Department of Justice, the
Department of Homeland Security, or
other Federal, State, Tribal, and local
law enforcement agencies for the
purpose of information exchange on law
enforcement activity or as required by
Federal law, statute, regulation,
executive order, and DOI policy.
Q. To agency contractors, grantees,
shared service providers, or volunteers
for DOI or other Federal Departments
who have been engaged to assist the
Government in the performance of a
contract, grant, cooperative agreement,
or other activity related to this system
of records and who need to have access
to the records in order to perform the
activity.
R. To any of the following entities or
individuals, for the purpose of
providing information on traffic
accidents, personal injuries, or the loss
or damage of property:
(1) Individuals involved in such
incidents;
(2) Persons injured in such incidents;
(3) Owners of property damaged, lost
or stolen in such incidents; and/or
(4) These individuals’ duly verified
insurance companies, personal
representatives, administrators of
estates, and/or attorneys.
The release of information under
these circumstances should only occur
when it will not interfere with ongoing
law enforcement proceedings; risk the
health or safety of an individual; reveal
the identity of an information or witness
that has received an explicit assurance
of confidentiality; or reveal protected or
confidential law enforcement
techniques and practices. Social
Security numbers and Tribal
identification numbers should not be
released under these circumstances
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unless the Social Security number or
Tribal identification number belongs to
the individual requester.
S. To any criminal, civil, or regulatory
authority (whether Federal, State,
territorial, local, Tribal or foreign) for
the purpose of providing background
search information on individuals for
legally authorized purposes, including
but not limited to background checks on
individuals residing in a home with a
minor or individuals seeking
employment opportunities requiring
background checks.
T. To an administrative forum,
including ad hoc forums, which may
include an Administrative Law Judge,
public hearings/proceedings, or other
established adjudicatory or regulatory
agencies (e.g., the Merit Systems
Protection Board, the National Labor
Relations Board), or other agencies with
similar or related statutory
responsibilities, where necessary to
adjudicate decisions affecting
individuals who are the subject of
investigations and/or who are covered
by this system, to affect any necessary
remedial actions, disciplinary or other
appropriate personnel action, or other
law enforcement related actions, where
appropriate.
U. To complainants, victims,
decedent’s estate representative, or
family members of victims, and their
attorney or legal representative, to the
extent necessary to provide such
persons with information concerning
the results of an investigation or case
arising from the matters of which they
complained and/or of which they were
the subject of law enforcement activity.
V. To a former official or employee of
the Department when relevant and
necessary to respond to an official
inquiry by a Federal, State, or local
government entity or professional
licensing authority, in accordance with
applicable Department regulations; or to
facilitate communications with a former
official or employee that may be
necessary for personnel-related or other
official purposes where the Department
requires information and/or
consultation assistance regarding a
matter within that person’s former area
of responsibility.
W. To Tribal organizations when
necessary and relevant to the
assumption of a program under Public
Law 93–638, the Indian SelfDetermination and Education
Assistance Act, 25 U.S.C. 450 et seq.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Electronic records are maintained in
information systems or stored on
magnetic disc, tape or digital media.
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Sfmt 4703
Paper records are maintained in file
cabinets in secure facilities.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by multiple
identifiers including Social Security
number, first or last name, badge
number, address, phone number,
vehicle information and physical
attributes.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records in this system are retained
and disposed of in accordance with
Office of the Secretary Records
Schedule 8151, Incident, Management,
Analysis and Reporting System, which
was approved by the National Archives
and Records Administration (NARA)
(N1–048–09–5), and other NARA
approved bureau or office records
schedules. The specific record schedule
for each type of record or form is
dependent on the subject matter and
records series. After the retention period
has passed, temporary records are
disposed of in accordance with the
applicable records schedule and DOI
policy. Disposition methods include
burning, pulping, shredding, erasing,
and degaussing in accordance with
Departmental records policy. Permanent
records that are no longer active or
needed for agency use are transferred to
the National Archives for permanent
retention in accordance with NARA
guidelines.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The records contained in this system
are safeguarded in accordance with 43
CFR 2.226 and other applicable security
and privacy rules and policies. During
normal hours of operation, paper
records are maintained in locked file
cabinets under the control of authorized
personnel. Computer servers on which
electronic records are stored are located
in secured DOI controlled facilities with
physical, technical and administrative
levels of security to prevent
unauthorized access to the DOI network
and information assets. Access granted
to authorized personnel is passwordprotected, and each person granted
access to the system must be
individually authorized to use the
system. A Privacy Act Warning Notice
appears on computer monitor screens
when records containing information on
individuals are first displayed. Data
exchanged between the servers and the
system is encrypted. Backup tapes are
encrypted and stored in a locked and
controlled room in a secure, off-site
location.
E:\FR\FM\10JAN1.SGM
10JAN1
Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Notices
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; Paperwork Reduction Act
of 1995, 44 U.S.C. 3501 et seq.; Federal
Information Security Modernization Act
of 2014, 44 U.S.C. 3551 et seq.; and the
Federal Information Processing
Standards 199: Standards for Security
Categorization of Federal Information
and Information Systems. Security
controls include user identification,
passwords, database permissions,
encryption, firewalls, audit logs, and
network system security monitoring,
and software controls.
Access to records in the system is
limited to authorized personnel who
have a need to access the records in the
performance of their official duties, and
each user’s access is restricted to only
the functions and data necessary to
perform that person’s job
responsibilities. System administrators
and authorized users 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. A Privacy Impact
Assessment was conducted to ensure
that Privacy Act requirements are met
and appropriate privacy controls were
implemented to safeguard the
personally identifiable information
contained in the system.
lotter on DSK11XQN23PROD with NOTICES1
RECORD ACCESS PROCEDURES:
DOI has exempted portions of this
system from the access provisions of the
Privacy Act of 1974 pursuant to 5 U.S.C.
552a(j) and (k). DOI will make access
determinations on a case-by-case basis.
To the extent that portions of this
system are not exempt, an individual
requesting access to their records should
send a written inquiry to the applicable
System Manager identified above. DOI
forms and instructions for submitting a
Privacy Act request may be obtained
from the DOI Privacy Act Requests
website at https://www.doi.gov/privacy/
privacy-act-requests. The request must
include a general description of the
records sought and the requester’s full
name, current address, and sufficient
identifying information such as date of
birth or other information required for
verification of the requester’s identity.
The request must be signed and dated
and be either notarized or submitted
under penalty of perjury in accordance
with 28 U.S.C. 1746. The request must
include the specific bureau or office that
maintains the record to facilitate
location of the applicable records.
Requests submitted by mail must be
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clearly marked ‘‘PRIVACY ACT
REQUEST FOR ACCESS’’ on both the
envelope and letter. A request for access
must meet the requirements of 43 CFR
2.238.
CONTESTING RECORD PROCEDURES:
DOI has exempted portions of this
system from the amendment provisions
of the Privacy Act of 1974 pursuant to
5 U.S.C. 552a(j) and (k). DOI will make
amendment determinations on a caseby-case basis.
To the extent that portions of this
system are not exempt, an individual
requesting amendment of their records
should send a written request to the
applicable System Manager as identified
above. DOI instructions for submitting a
request for amendment of records are
available on the DOI Privacy Act
Requests website at https://
www.doi.gov/privacy/privacy-actrequests. The request must clearly
identify the records for which
amendment is being sought, the reasons
for requesting the amendment, and the
proposed amendment to the record. The
request must include the requester’s full
name, current address, and sufficient
identifying information such as date of
birth or other information required for
verification of the requester’s identity.
The request must be signed and dated
and be either notarized or submitted
under penalty of perjury in accordance
with 28 U.S.C. 1746. Requests submitted
by mail must be clearly marked
‘‘PRIVACY ACT REQUEST FOR
AMENDMENT’’ on both the envelope
and letter. A request for amendment
must meet the requirements of 43 CFR
2.246.
NOTIFICATION PROCEDURES:
DOI has exempted portions of this
system from the notification procedures
of the Privacy Act of 1974 pursuant to
5 U.S.C. 552a(j) and(k). DOI will make
notification determinations on a caseby-case basis.
To the extent that portions of this
system are not exempt, an individual
requesting notification of the existence
of records about them should send a
written inquiry to the applicable System
Manager as identified above. DOI
instructions for submitting a request for
notification are available on the DOI
Privacy Act Requests website at https://
www.doi.gov/privacy/privacy-actrequests. The request must include a
general description of the records and
the requester’s full name, current
address, and sufficient identifying
information such as date of birth or
other information required for
verification of the requester’s identity.
The request must be signed and dated
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Fmt 4703
Sfmt 4703
1599
and be either notarized or submitted
under penalty of perjury in accordance
with 28 U.S.C. 1746. Requests submitted
by mail must be clearly marked
‘‘PRIVACY ACT INQUIRY’’ on both the
envelope and letter. A request for
notification must meet the requirements
of 43 CFR 2.235.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
This system contains law enforcement
and investigatory records that are
exempt from certain provisions of the
Privacy Act of 1974, 5 U.S.C. 552a(j) and
(k). In accordance with 5 U.S.C. 553(b),
(c) and (e), DOI has promulgated rules
separately in the Federal Register to
claim exemptions for this system
pursuant to 5 U.S.C. 552a(j)(2), (k)(1),
(k)(2), (k)(3), (k)(5), and (k)(6).
Pursuant to 5 U.S.C. 552a(j)(2), DOI
has exempted this system from the
provisions of the Privacy Act except
subsections (b), (c)(1) and (2), (e)(4)(A)
through (F), (e)(6), (7), (9), (10), and (11),
and (i). DOI has also exempted portions
of this system from subsections (c)(3),
(d), (e)(1), (e)(4)(G), (H), and (I), and (f)
of the Privacy Act pursuant to 5 U.S.C.
552a (k)(1), (k)(2), (k)(3), (k)(5), and
(k)(6). Additionally, when this system
receives a record from another system
that is exempted in that source system
under 5 U.S.C. 552a(j) or (k), DOI claims
the same exemptions for those records
that are claimed in the primary systems
of records from which they originated
and any additional exemptions set forth
here.
HISTORY:
79 FR 31974 (June 3, 2014);
modification published at 86 FR 50156
(September 7, 2021).
Teri Barnett,
Departmental Privacy Officer, Department of
the Interior.
[FR Doc. 2024–00325 Filed 1–9–24; 8:45 am]
BILLING CODE 4334–63–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_AK_FRN_MO4500173007]
Notice of New Recreation Fees on
Public Lands in the Central Yukon
Field Office, Alaska
Bureau of Land Management,
Interior.
ACTION: Notice of new recreation fees.
AGENCY:
Pursuant to applicable
provisions of the Federal Lands
Recreation Enhancement Act (FLREA),
the Bureau of Land Management (BLM),
Central Yukon Field Office, intends to
SUMMARY:
E:\FR\FM\10JAN1.SGM
10JAN1
Agencies
[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1594-1599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00325]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[DOI-2023-0023; DS65100000 DWSN00000.000000 24XD4523WS DP.65102]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Interior (DOI, Department) is issuing a
public notice of its intent to modify the Privacy Act system of
records, INTERIOR/DOI-10, Incident Management, Analysis and Reporting
System. DOI is revising this notice to change the title of the system,
propose new and modified routine uses, and update all sections of the
system notice to accurately reflect the scope of the system. This
modified system will be included in DOI's inventory of systems of
records.
DATES: This modified system will be effective upon publication. New and
modified routine uses will be effective February 9, 2024. Submit
comments on or before February 9, 2024.
ADDRESSES: You may send comments identified by docket number [DOI-2023-
0023] 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-2023-0023] in the subject line of the message.
U.S. Mail or Hand-Delivery: 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 [DOI-2023-0023]. 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 protected] or (202) 208-1605.
SUPPLEMENTARY INFORMATION:
I. Background
The DOI Office of Law Enforcement and Security (OLES) maintains the
INTERIOR/DOI-10, Incident Management, Analysis and Reporting System, as
a unified Department-wide law enforcement records management system.
This system of records helps DOI protect life and resources, manage law
enforcement incidents and investigations, measure performance, meet
reporting requirements, and foster public trust through transparent and
accountable law enforcement programs. The system also provides the
capability to prevent, detect, and investigate known and suspected
criminal activity and violations of fish and wildlife laws; transmit
information to Federal law enforcement databases and repositories;
analyze and prioritize protection efforts; provide information to
justify law enforcement funding requests and expenditures; assist in
managing visitor use and protection programs; investigate, detain and
apprehend those committing crimes on DOI properties, including National
Wildlife Refuges, National Parks, and Tribal reservations (for the
purpose of this system of
[[Page 1595]]
records notice, Tribal reservations include contiguous areas policed by
Tribal or Bureau of Indian Affairs (BIA) law enforcement officers)
managed by Native American Tribes under BIA; and investigate and
prevent visitor accidents and injuries on DOI properties or Tribal
reservations. Incident and non-incident data related to criminal
activity will be collected in support of law enforcement, homeland
security, and security (physical, personnel, suitability, and
industrial) activities. This may include data documenting criminal and
administrative investigations and other law enforcement activities, use
of force and critical incidents, traffic safety, property damage
claims, motor vehicle crashes, domestic violence incidents, and
information sharing and analysis activities. This notice covers all DOI
law enforcement records, investigations, and case files in any medium
that are created, collected, maintained, or managed by DOI bureaus and
offices, excluding the Office of Inspector General, which maintains its
own investigations system of records. DOI law enforcement bureaus and
offices include OLES, Office of the Secretary, BIA, Bureau of Land
Management, Bureau of Reclamation, the U.S. Fish and Wildlife Service,
and the National Park Service. The OLES has Department-wide
coordination and oversight responsibilities of law enforcement
activities; however, each bureau and office is responsible for managing
their records in this system for the administration of their law
enforcement programs.
DOI is proposing to change the title of the system of records to
INTERIOR/DOI-10, DOI Law Enforcement Records Management System (LE RMS)
to reflect the modified scope of the system; update the system manager
and system location sections; expand on categories of individuals
covered by the system, the categories of records and records source
categories sections; update authorities for maintenance of the system;
update the storage, safeguards, and records retention schedule; update
the notification, records access and contesting procedures; and provide
general updates in accordance with the Privacy Act of 1974 and Office
of Management and Budget (OMB) Circular A-108, Federal Agency
Responsibilities for Review, Reporting, and Publication under the
Privacy Act.
DOI is also changing the routine uses from a numeric to alphabetic
list and is proposing to modify existing routine uses to provide
clarity and transparency and reflect updates consistent with standard
DOI routine uses. The notice of disclosure to consumer reporting
agencies in former routine use 13 was moved to the end of this section.
Routine use A has been modified to further clarify disclosures to the
Department of Justice or other Federal agencies when necessary in
relation to litigation or judicial proceedings. Routine use B has been
modified to clarify disclosures to a congressional office to respond to
or resolve an individual's request made to that office. Routine use H
has been modified to expand the sharing of information with territorial
organizations in response to court orders or for discovery purposes
related to litigation. Routine use I has been modified to include the
sharing of information with grantees and shared service providers that
perform services requiring access to these records on DOI's behalf to
carry out the purposes of the system. Routine use J was slightly
modified to allow DOI to share information with appropriate Federal
agencies or entities when reasonably necessary to prevent, minimize, or
remedy the risk of harm to individuals or the Federal Government
resulting from a breach in accordance with OMB Memorandum M-17-12,
Preparing for and Responding to a Breach of Personally Identifiable
Information. Routine use N was modified to clarify the sharing of
information with the news media and the public to assure public safety
related to potential or imminent threats to life, health, or property.
Routine use P was modified to add the sharing of information when
permitted by Federal law, statute, regulation, executive order, and DOI
policy. Routine use Q was modified to add shared service providers who
may need to access records in order to perform authorized activities on
DOI's behalf.
Proposed routine use O allows DOI to share information with the
news media and the public where there exists a legitimate public
interest in the disclosure of information and it is necessary to
preserve the confidence in the integrity of the DOI, demonstrate DOI's
commitment to serving the public and the accountability of its officers
and employees. Proposed routine use T allows DOI to share information
with adjudicative or regulatory agencies when necessary and appropriate
to adjudicate decisions affecting individuals who are subjects of
investigations or covered by this system notice. Proposed routine use U
allows DOI to share information with complainants, victims, family
members, and representatives to the extent necessary to provide
information on results of investigations or cases or matters they may
be involved in. Proposed routine use V allows DOI to share information
with an official or employee regarding a matter within that
individual's area of responsibility or when relevant and necessary to
respond to official inquiries by the Department or other authority.
Proposed routine use W allows DOI to share information with Tribal
organizations when necessary and relevant under the Indian Self-
Determination and Education Assistance Act.
Pursuant to the Privacy Act, 5 U.S.C. 552a(b)(12), DOI may disclose
information 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 1966 (31 U.S.C. 3701(a)(3)) to aid in the
collection of outstanding debts owed to the Federal Government.
In a Notice of Proposed Rulemaking published separately in the
Federal Register, DOI is proposing to claim additional exemptions for
records maintained in this system pursuant to the Privacy Act of 1974,
5 U.S.C. 552a(k)(1), (k)(3), (k)(5), and (k)(6).
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' records. 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
from 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 INTERIOR/DOI-10, DOI Law Enforcement Records
Management System (LE RMS), system of records notice is published in
its entirety below. In accordance with 5
[[Page 1596]]
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 your entire comment including your personally
identifiable information, such as your address, phone number, email
address, or any other personal information in your comment, may be made
publicly available at any time. While you may request to withhold your
personally identifiable information from public review, we cannot
guarantee we will be able to do so.
SYSTEM NAME AND NUMBER:
INTERIOR/DOI-10, DOI Law Enforcement Records Management System (LE
RMS).
SECURITY CLASSIFICATION:
Classified and Unclassified.
SYSTEM LOCATION:
Office of Law Enforcement and Security, U.S. Department of the
Interior, 1849 C Street NW, Washington, DC 20240; Albuquerque Data
Center, 1011 Indian School Road, Northwest, Albuquerque, NM 87104; DOI
facilities and data centers; DOI-approved cloud service providers; and
DOI bureaus and offices that manage law enforcement programs as
identified in the System Manager section below.
SYSTEM MANAGER(S):
(1) Director, Office of Law Enforcement and Security, U.S.
Department of the Interior, 1849 C Street NW, Mail Stop Room 3411,
Washington, DC 20240.
(2) Bureau of Indian Affairs, Office of Justice Services, 1849 C
Street NW, Mail Stop MS-3662-MIB, Washington, DC 20240.
(3) Director, Office of Law Enforcement and Security, Bureau of
Land Management, 1849 C Street NW, Mail Stop: Fifth Floor, Room #5618,
Washington, DC 20240.
(4) Bureau of Reclamation, Policy and Programs Directorate, Denver
Security Division, Supervisory Security Specialist, P.O. Box 25007,
Denver, CO 80225.
(5) Director, Office of Law Enforcement, U.S. Fish and Wildlife
Service, MS: OLE, 5275 Leesburg Pike, Falls Church, Virginia 22041.
(6) National Park Service, Program Manager, National Park Service
Law Enforcement, Security, and Emergency Services, U.S. Department of
the Interior, 1849 C Street NW, Mailstop 2560, Washington, DC 20240.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Uniform Federal Crime Reporting Act, 28 U.S.C. 534; Intelligence
Reform and Terrorism Prevention Act of 2004 (Pub. L. 108-458); Homeland
Security Act of 2002 (Pub. L. 107-296); USA PATRIOT ACT of 2001 (Pub.
L. 107-56); USA PATRIOT Improvement Act of 2005 (Pub. L. 109-177);
Tribal Law and Order Act of 2010 (Pub. L. 111-211); Fish and Wildlife
Act of 1956, 16 U.S.C. 742a-742j-l; Refuge Recreation Act, 16 U.S.C.
460k-460k-4; Endangered Species Act of 1973, 16 U.S.C. 1531-1544; Lacey
Act, 18 U.S.C. 42; Executive Order 14074: Advancing Effective,
Accountable Policing and Criminal Justice Practices to Enhance Public
Trust and Public Safety, May 25, 2022; Homeland Security Presidential
Directive 7--Critical Infrastructure Identification, Prioritization,
and Protection; Homeland Security Presidential Directive 12--Policy for
a Common Identification Standard for Federal Employees and Contractors;
Criminal Intelligence Systems Operating Policies, 28 CFR part 23; Law
and Order, 25 CFR part 10, Indian Country Detention Facilities and
Programs; Courts of Indian Offenses and Law and Order Code, 25 CFR part
11; and Indian Country Law Enforcement, 25 CFR part 12.
PURPOSE(S) OF THE SYSTEM:
The LE RMS system of records is an incident management and
reporting system used to prevent, detect, and investigate known and
suspected criminal activity; protect natural and cultural resources;
capture, integrate and share law enforcement and related information
and observations from other sources; measure performance of law
enforcement programs and management of emergency incidents; meet
reporting requirements; foster public trust through transparent and
accountable law enforcement programs; transmit information to Federal
law enforcement databases and repositories; analyze and prioritize
protection efforts; assist in managing visitor use and protection
programs; enable the ability to investigate, detain and apprehend those
committing crimes on DOI properties or Tribal reservations; and to
investigate and prevent visitor accident incidents and injuries on DOI
properties or Tribal reservations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered in the system include current
and former Federal employees, consultants, contractors, subcontractors,
and grantees; Federal, Tribal, State, local and foreign law enforcement
officers and officials; witnesses, complainants, informants, and
parties who have been identified as potential subjects or parties to an
investigation; and individuals or entities who are or have been the
subject of investigations and other individuals associated with alleged
violation(s) of Federal law, regulations, or rules of conduct.
Additionally, this system contains information regarding members of
the general public, including individuals and/or groups of individuals
involved with law enforcement incidents involving Federal assets or
occurring on public lands and Tribal reservations, such as witnesses,
individuals making complaints, individuals involved in reports of
traffic accidents on DOI managed properties and Tribal reservations,
and individuals being investigated or arrested for criminal or traffic
offenses or involved in certain types of non-criminal incidents.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system includes law enforcement incident reports, law
enforcement personnel records, and law enforcement training records,
which contain the following information: names, home addresses, work
addresses, telephone numbers, email addresses and other contact
information, emergency contact information; dates of birth, place of
birth; gender, ethnicity and race; biometric information such as
physical or distinguishing attributes of an individual; Social Security
numbers, driver's license numbers, passport numbers, identification
numbers for non-citizens, Federal Bureau of Investigation (FBI)
Universal Control Numbers, State identification numbers; Tribal
identification numbers or other Tribal enrollment data; vehicle
identification numbers, license plate numbers, boat registration or
hull number; work history, educational history, affiliations, and other
related data; criminal history, arrest and incarceration records, prior
contacts with law enforcement, and records related to the transport of
individuals.
Incident and investigation records related to or documenting
criminal and administrative investigations and other law enforcement
activities, use of force, critical incidents, traffic safety, property
damage claims, motor vehicle crashes, domestic violence incidents,
information sharing and analysis, and other law enforcement activities
may include, but are not limited to: incident reports, case files and
notes; attachments such as photos or digital images, video recordings
from body worn cameras, vehicle mounted
[[Page 1597]]
cameras, hand-held cameras or devices, closed circuit television or
other surveillance including sketches; medical reports; correspondence,
email and text messages; letters, memoranda, and other documents citing
complaints of alleged criminal, civil, or administrative misconduct;
reports of investigations with related statements, affidavits or
records obtained during investigations; prior criminal or noncriminal
records of individuals related to investigations; reports from or to
other law enforcement bodies; information obtained from informants;
identifying information on suspects and allegations made against
suspects; and public source materials; and information concerning
response to and outcome of incidents and investigations.
Records in this system also include information concerning Federal
civilian employees and contractors, Federal, Tribal, State, and local
law enforcement officers and may contain information regarding an
officer's name, contact information, station and career history,
firearms qualifications, medical history, background investigation and
status, date of birth, and Social Security number. Information
regarding officers' equipment, such as firearms, electronic control
devices, body armor, vehicles, computers and special equipment related
skills is also included in this system.
RECORD SOURCE CATEGORIES:
Sources of information in the system include current and former DOI
officials and employees; officials of Federal, State, Tribal, local,
and foreign law enforcement and non-law enforcement agencies and
organizations including the FBI and Department of Justice; subjects of
investigations, complainants, informants, suspects, victims, witnesses,
private citizens, and visitors to Federal properties; photos and
recordings captured from law enforcement body worn cameras, vehicle
mounted cameras, hand-held cameras or other devices, closed circuit
television, or other surveillance methods; and public source materials.
Records may also be obtained from other internal and external sources
such as personnel, training or other systems of records, DOI personnel,
contractors, and other parties for matters related to the maintenance
of this system, and information sharing partners.
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, all or a portion of the records or
information contained in this system may be disclosed outside DOI as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
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 their official
capacity;
(4) Any DOI employee or former employee acting in their 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, to the extent the records have not been exempted from
disclosure pursuant to 5 U.S.C. 552a(j) and (k).
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, to
the extent the records have not been exempted from disclosure pursuant
to 5 U.S.C. 552a(j) and (k).
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 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, shared service provider, 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 in support of the law
enforcement activities, including obtaining public
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assistance with identifying and locating criminal suspects and lost or
missing individuals, providing the public with alerts about dangerous
individuals, and assuring public safety related to potential or
imminent threats to life, health, or property.
O. To the news media and the public (including select members of
the public, such as victims' family members) when:
(1) Release of the specific information would not constitute an
unwarranted invasion of personal privacy, and
(2) There exists a legitimate public interest in the disclosure of
the information and its release would:
(a) Preserve public confidence and trust in the integrity of DOI;
(b) Demonstrate DOI's commitment to serving the public and
achieving its mission; or
(c) Reveal the accountability of DOI's officers, employees, or
individuals covered by the system.
P. To the Department of Justice, the Department of Homeland
Security, or other Federal, State, Tribal, and local law enforcement
agencies for the purpose of information exchange on law enforcement
activity or as required by Federal law, statute, regulation, executive
order, and DOI policy.
Q. To agency contractors, grantees, shared service providers, or
volunteers for DOI or other Federal Departments who have been engaged
to assist the Government in the performance of a contract, grant,
cooperative agreement, or other activity related to this system of
records and who need to have access to the records in order to perform
the activity.
R. To any of the following entities or individuals, for the purpose
of providing information on traffic accidents, personal injuries, or
the loss or damage of property:
(1) Individuals involved in such incidents;
(2) Persons injured in such incidents;
(3) Owners of property damaged, lost or stolen in such incidents;
and/or
(4) These individuals' duly verified insurance companies, personal
representatives, administrators of estates, and/or attorneys.
The release of information under these circumstances should only
occur when it will not interfere with ongoing law enforcement
proceedings; risk the health or safety of an individual; reveal the
identity of an information or witness that has received an explicit
assurance of confidentiality; or reveal protected or confidential law
enforcement techniques and practices. Social Security numbers and
Tribal identification numbers should not be released under these
circumstances unless the Social Security number or Tribal
identification number belongs to the individual requester.
S. To any criminal, civil, or regulatory authority (whether
Federal, State, territorial, local, Tribal or foreign) for the purpose
of providing background search information on individuals for legally
authorized purposes, including but not limited to background checks on
individuals residing in a home with a minor or individuals seeking
employment opportunities requiring background checks.
T. To an administrative forum, including ad hoc forums, which may
include an Administrative Law Judge, public hearings/proceedings, or
other established adjudicatory or regulatory agencies (e.g., the Merit
Systems Protection Board, the National Labor Relations Board), or other
agencies with similar or related statutory responsibilities, where
necessary to adjudicate decisions affecting individuals who are the
subject of investigations and/or who are covered by this system, to
affect any necessary remedial actions, disciplinary or other
appropriate personnel action, or other law enforcement related actions,
where appropriate.
U. To complainants, victims, decedent's estate representative, or
family members of victims, and their attorney or legal representative,
to the extent necessary to provide such persons with information
concerning the results of an investigation or case arising from the
matters of which they complained and/or of which they were the subject
of law enforcement activity.
V. To a former official or employee of the Department when relevant
and necessary to respond to an official inquiry by a Federal, State, or
local government entity or professional licensing authority, in
accordance with applicable Department regulations; or to facilitate
communications with a former official or employee that may be necessary
for personnel-related or other official purposes where the Department
requires information and/or consultation assistance regarding a matter
within that person's former area of responsibility.
W. To Tribal organizations when necessary and relevant to the
assumption of a program under Public Law 93-638, the Indian Self-
Determination and Education Assistance Act, 25 U.S.C. 450 et seq.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic records are maintained in information systems or stored
on magnetic disc, tape or digital media. Paper records are maintained
in file cabinets in secure facilities.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by multiple identifiers including Social
Security number, first or last name, badge number, address, phone
number, vehicle information and physical attributes.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained and disposed of in accordance
with Office of the Secretary Records Schedule 8151, Incident,
Management, Analysis and Reporting System, which was approved by the
National Archives and Records Administration (NARA) (N1-048-09-5), and
other NARA approved bureau or office records schedules. The specific
record schedule for each type of record or form is dependent on the
subject matter and records series. After the retention period has
passed, temporary records are disposed of in accordance with the
applicable records schedule and DOI policy. Disposition methods include
burning, pulping, shredding, erasing, and degaussing in accordance with
Departmental records policy. Permanent records that are no longer
active or needed for agency use are transferred to the National
Archives for permanent retention in accordance with NARA guidelines.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The records contained in this system are safeguarded in accordance
with 43 CFR 2.226 and other applicable security and privacy rules and
policies. During normal hours of operation, paper records are
maintained in locked file cabinets under the control of authorized
personnel. Computer servers on which electronic records are stored are
located in secured DOI controlled facilities with physical, technical
and administrative levels of security to prevent unauthorized access to
the DOI network and information assets. Access granted to authorized
personnel is password-protected, and each person granted access to the
system must be individually authorized to use the system. A Privacy Act
Warning Notice appears on computer monitor screens when records
containing information on individuals are first displayed. Data
exchanged between the servers and the system is encrypted. Backup tapes
are encrypted and stored in a locked and controlled room in a secure,
off-site location.
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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;
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.; Federal
Information Security Modernization Act of 2014, 44 U.S.C. 3551 et seq.;
and the Federal Information Processing Standards 199: Standards for
Security Categorization of Federal Information and Information Systems.
Security controls include user identification, passwords, database
permissions, encryption, firewalls, audit logs, and network system
security monitoring, and software controls.
Access to records in the system is limited to authorized personnel
who have a need to access the records in the performance of their
official duties, and each user's access is restricted to only the
functions and data necessary to perform that person's job
responsibilities. System administrators and authorized users 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. A Privacy Impact
Assessment was conducted to ensure that Privacy Act requirements are
met and appropriate privacy controls were implemented to safeguard the
personally identifiable information contained in the system.
RECORD ACCESS PROCEDURES:
DOI has exempted portions of this system from the access provisions
of the Privacy Act of 1974 pursuant to 5 U.S.C. 552a(j) and (k). DOI
will make access determinations on a case-by-case basis.
To the extent that portions of this system are not exempt, an
individual requesting access to their records should send a written
inquiry to the applicable System Manager identified above. DOI forms
and instructions for submitting a Privacy Act request may be obtained
from the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must include a general
description of the records sought and the requester's full name,
current address, and sufficient identifying information such as date of
birth or other information required for verification of the requester's
identity. The request must be signed and dated and be either notarized
or submitted under penalty of perjury in accordance with 28 U.S.C.
1746. The request must include the specific bureau or office that
maintains the record to facilitate location of the applicable records.
Requests submitted by mail must be clearly marked ``PRIVACY ACT REQUEST
FOR ACCESS'' on both the envelope and letter. A request for access must
meet the requirements of 43 CFR 2.238.
CONTESTING RECORD PROCEDURES:
DOI has exempted portions of this system from the amendment
provisions of the Privacy Act of 1974 pursuant to 5 U.S.C. 552a(j) and
(k). DOI will make amendment determinations on a case-by-case basis.
To the extent that portions of this system are not exempt, an
individual requesting amendment of their records should send a written
request to the applicable System Manager as identified above. DOI
instructions for submitting a request for amendment of records are
available on the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must clearly
identify the records for which amendment is being sought, the reasons
for requesting the amendment, and the proposed amendment to the record.
The request must include the requester's full name, current address,
and sufficient identifying information such as date of birth or other
information required for verification of the requester's identity. The
request must be signed and dated and be either notarized or submitted
under penalty of perjury in accordance with 28 U.S.C. 1746. Requests
submitted by mail must be clearly marked ``PRIVACY ACT REQUEST FOR
AMENDMENT'' on both the envelope and letter. A request for amendment
must meet the requirements of 43 CFR 2.246.
NOTIFICATION PROCEDURES:
DOI has exempted portions of this system from the notification
procedures of the Privacy Act of 1974 pursuant to 5 U.S.C. 552a(j)
and(k). DOI will make notification determinations on a case-by-case
basis.
To the extent that portions of this system are not exempt, an
individual requesting notification of the existence of records about
them should send a written inquiry to the applicable System Manager as
identified above. DOI instructions for submitting a request for
notification are available on the DOI Privacy Act Requests website at
https://www.doi.gov/privacy/privacy-act-requests. The request must
include a general description of the records and the requester's full
name, current address, and sufficient identifying information such as
date of birth or other information required for verification of the
requester's identity. The request must be signed and dated and be
either notarized or submitted under penalty of perjury in accordance
with 28 U.S.C. 1746. Requests submitted by mail must be clearly marked
``PRIVACY ACT INQUIRY'' on both the envelope and letter. A request for
notification must meet the requirements of 43 CFR 2.235.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
This system contains law enforcement and investigatory records that
are exempt from certain provisions of the Privacy Act of 1974, 5 U.S.C.
552a(j) and (k). In accordance with 5 U.S.C. 553(b), (c) and (e), DOI
has promulgated rules separately in the Federal Register to claim
exemptions for this system pursuant to 5 U.S.C. 552a(j)(2), (k)(1),
(k)(2), (k)(3), (k)(5), and (k)(6).
Pursuant to 5 U.S.C. 552a(j)(2), DOI has exempted this system from
the provisions of the Privacy Act except subsections (b), (c)(1) and
(2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i).
DOI has also exempted portions of this system from subsections (c)(3),
(d), (e)(1), (e)(4)(G), (H), and (I), and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a (k)(1), (k)(2), (k)(3), (k)(5), and (k)(6).
Additionally, when this system receives a record from another system
that is exempted in that source system under 5 U.S.C. 552a(j) or (k),
DOI claims the same exemptions for those records that are claimed in
the primary systems of records from which they originated and any
additional exemptions set forth here.
HISTORY:
79 FR 31974 (June 3, 2014); modification published at 86 FR 50156
(September 7, 2021).
Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2024-00325 Filed 1-9-24; 8:45 am]
BILLING CODE 4334-63-P