Privacy Act of 1974; System of Records, 78896-78900 [2024-22108]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Reclamation

[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Notices]
[Pages 78896-78900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22108]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

[DOI-2024-0010; RR83550000, 245R5065C6, RX.59389832.1009676]


Privacy Act of 1974; System of Records

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of the Interior (DOI) is issuing a public 
notice of its intent to modify the Bureau of Reclamation (Reclamation) 
Privacy Act system of records, INTERIOR/WBR-31, Acreage Limitation. DOI 
is revising this notice to change the system number to be consistent 
with Reclamation's title, propose new and modified routine uses, and 
update all sections of the notice to accurately reflect management of 
the system of records. This modified system will be included in DOI's 
inventory of record systems.

DATES: This modified system will be effective upon publication. New or 
modified routine uses will be effective October 28, 2024. Submit 
comments on or before October 28, 2024.

ADDRESSES: You may send comments identified by docket number DOI-2024-
0010 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-
2024-0010 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-2024-0010. 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: Regina Magno, Associate Privacy 
Officer, Bureau of Reclamation, P.O. Box 25007, Denver, CO 80225, 
[email protected] or (303) 445-3326.

SUPPLEMENTARY INFORMATION:

I. Background

    Reclamation maintains the INTERIOR/WBR-31, Acreage Limitation, 
system of records. The purpose of this system is to obtain from 
landowners and lessees written information on their landholdings that 
is pertinent to their compliance with the ownership and full cost 
pricing provisions required by statute and regulations. The records are 
used by Reclamation to ensure contractually obligated irrigation 
districts and contract holders are following reporting and 
certification requirements of Federal reclamation law (Pub. L. 97-293).
    DOI is publishing this revised notice to change the system number 
to reflect Reclamation's title; 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; reorganize the 
sections 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.
    Additionally, Reclamation is 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. Routine use A was modified to further 
clarify disclosures to the Department of Justice or other

[[Page 78897]]

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 D has been modified to allow 
Reclamation to refer matters to the appropriate Federal, State, local, 
or foreign agencies, or other public authority agencies responsible for 
investigating or prosecuting violations of, or for enforcing, or 
implementing, a statute, rule, regulation, order, or license. Routine 
use J was slightly modified to allow Reclamation 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.
    Reclamation is proposing to add new routine uses C, E, F, G, H, I, 
L, M, and N to facilitate sharing of information with agencies and 
organizations to ensure the efficient management of all land, 
facilities, and waterbodies under Reclamation's jurisdiction, promote 
the integrity of the records in the system, or carry out a statutory 
responsibility of Reclamation or the Federal Government. Proposed 
routine use C facilitates sharing of information with the Executive 
Office of the President to respond to an inquiry by the individual to 
whom that record pertains. Proposed routine use E allows Reclamation to 
share information with an official of another Federal agency to assist 
in the performance of their official duties related to reconciling or 
reconstructing an individual's record. Proposed routine use F 
facilitates sharing of information related to hiring, issuance of a 
security clearance, or a license, contract, grant, or benefit. Proposed 
routine use G allows Reclamation to share information with the National 
Archives and Records Administration to conduct records management 
inspections. Proposed routine use H allows Reclamation to share 
information with external entities, such as State, territorial and 
local governments and Tribal organizations needed in response to court 
orders and/or for discovery purposes related to litigation. Proposed 
routine use I allows Reclamation to share information with 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. Proposed routine use L allows Reclamation to share 
information with OMB during the coordination and clearance process in 
connection with legislative affairs. Proposed routine use M allows 
Reclamation to share information with the Department of the Treasury to 
recover debts owed to the United States. Routine use N allows 
Reclamation to share information with the news media and the public, 
with approval by the Public Affairs Officer and Senior Agency Official 
for Privacy in consultation with counsel if there is a legitimate 
public interest in the disclosure of the information.
    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.

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/Reclamation-31, Acreage Limitation, system of 
records notice is published in its entirety below. In accordance with 5 
U.S.C. 552a(r), DOI has provided a report of this system of records to 
OMB 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/Reclamation-31, Acreage Limitation.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Reclamation records in this system are maintained at:
    (1) Bureau of Reclamation, Mission Assurance and Protection 
Organization, 6th and Kipling, Building 67, MS 84-55000 (RRA), Denver, 
CO 80225; and
    (2) District offices in which subject individual submitted 
certification and reporting forms. District office addresses may be 
obtained from the Reclamation Law Administration Division of the 
Mission Assurance and Protection Organization.

SYSTEM MANAGER(S):
    Manager, Mission Assurance and Protection Organization, Reclamation 
Law Administration Division, Bureau of Reclamation, P.O. Box 25007, MS 
84-55000 (RRA), Denver, CO 80225.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Reclamation Act of 1902, (Pub. L. 57-161), as amended and 
supplemented; Public Law 97-293; Reclamation Reform Act of 1982, (43 
U.S.C. 390aa, et seq.), as amended, at sections 206, 224(c), 224(g), 
and 228; Acreage Limitation Rules and Regulations, 43 CFR part 426; and 
Information Requirements for Certain Farm Operations in Excess of 950 
Acres and the Eligibility of Certain Formerly Excess Land, 43 CFR part 
428.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to obtain from landowners and lessees 
written information on their landholdings to administer the acreage 
limitation provisions of Federal reclamation law, and to ensure 
compliance with the statutory and regulatory requirements for the 
receipt of subsidized Reclamation irrigation water, including the 
ownership and full-cost pricing provisions of Federal reclamation law.

[[Page 78898]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system include members of the public, 
individual landholders, individual land lessees, individual or entity 
farm operators, and officials of Federal and non-Federal entities. This 
system contains records concerning corporations and other business 
entities, which are not subject to the Privacy Act. However, records 
pertaining to individuals acting on behalf of corporations and other 
business entities may reflect personal information that may be 
maintained in this system of records.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records maintained on all individuals may include: Names, personal 
addresses, personal home telephone numbers, personal cell phone 
numbers, and information related to the administration of landholdings, 
acreage limitation, and irrigation subsidies.
    Records on landholders and lessees may include: Employer 
Identification Numbers; citizenship status; status pursuant to Federal 
reclamation law; acreage owned and/or leased; legal descriptions or 
assessor parcel numbers; deeds; contracts or agreements relative to the 
transfer of land ownerships, including excess land sales and pertinent 
details of such sales; signature authorization documents; power-of-
attorney documents; irrevocable elections; terms and effective dates of 
leases; leases; lease/purchase options; trust agreements; partnership 
agreements; and corporate resolutions.
    Records on farm operators may include: Farm operating agreements, 
type of services provided, acreage operated by farm operators, and 
identification of part-owners of the farm operator.

RECORD SOURCE CATEGORIES:
    Records in the system are obtained from water districts, 
contractors, individuals, legal entities, and Federal and non-Federal 
entities including State and local governmental units.

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 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 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, 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 the Internal Revenue Service for the purpose of reporting the 
existence of ``illegal Federal irrigation subsidies'' as

[[Page 78899]]

defined by section 90 of the Internal Revenue Code.
    P. To financial institutions for the purpose of acquiring 
information needed by the lender to complete the certification and 
reporting requirements of the Reclamation Reform Act of 1982 (43 U.S.C. 
390aa) for involuntarily acquired irrigable or irrigation land.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Acreage Limitation records are managed securely at Reclamation 
offices and the offices at water districts and contractors as required 
by Federal reclamation law and other regulations as stated in the 
Authority for Maintenance of the System section of this SORN. Paper 
records are contained in file folders stored in locked file cabinets at 
secured Reclamation facilities. Electronic records are contained in 
removable drives, computers, email, and electronic databases. Water 
districts and contractors that are required to maintain acreage 
limitation records abide by Reclamation requirements regarding 
management and storage of records.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by irrigation year; district name; landholder 
name; assessor parcel number; excess land sale number; acreage 
limitation topic to include but not limited to trusts and farm 
operators; operator name; employer identification number; telephone 
number; mailing address; or identifying property characteristics to 
include assessor parcel number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are currently maintained in accordance with 
the following Bureau of Reclamation Records Retention Schedule: 
2.2.4.23 Mission--Sustainably Managed Water--Historic Water and Power 
Projects, Resources and Delivery PERM, which has been approved by NARA. 
This records schedule covers documentation including correspondence, 
memorandums, email, and other documentation relating to landholding 
limitations and determinations within Reclamation irrigation projects. 
The disposition for these records is permanent. Files are closed at the 
end of each fiscal year or when no longer needed for reference 
whichever is earlier. Files are transferred to NARA in Denver 25 years 
after closure or as volume warrants.
    Certification and reporting forms (including verification forms) 
located in district offices are retained for 6 years, at a minimum. The 
most current fully completed certification and reporting forms are 
maintained on file with the most current verification form, in 
accordance with 43 CFR 426.19(e).
    Paper records are disposed of by shredding or pulping, and records 
contained on electronic media format are degaussed or erased in 
accordance with the applicable records retention schedule, NARA 
guidelines, and Departmental policy.

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 Reclamation to conduct activities related to acreage 
limitation. 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 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 of 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; 
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 Standard 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. 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 access to their records should send a 
written inquiry to the System Manager identified in this notice. 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. 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:
    An individual requesting amendment of their records should send a 
written request to the System Manager as identified in this notice. 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:
    An individual requesting notification of the existence of records 
about them should send a written inquiry to the System Manager as 
identified in this notice. 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

[[Page 78900]]

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:
    None.

HISTORY:
    64 FR 13234 (March 17, 1999); modification published at 73 FR 20949 
(April 17, 2008) and 86 FR 50156 (September 7, 2021).

Teri Barnett,
Departmental Privacy Officer, U.S. Department of the Interior.
[FR Doc. 2024-22108 Filed 9-25-24; 8:45 am]
BILLING CODE 4332-90-P